Dutch Caribbean
Biodiversity Strategy
(draft version 10.2)
23rd December 2013
Chapter 5
Legal Tools
All nature conservation organisations and/or government bodies are
requested to submit the updated information for their island to the
DCNA Secretariat before the end of February 2014
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Biodiversity Strategy for the Dutch Caribbean
5. Legal tools
International treaties and conventions
Convention on Biological Diversity (CBD)
Brazil, 5 June 1992
The objectives of this Convention are the conservation of biological diversity, the
sustainable use of its components and the fair and equitable sharing of the benefits
arising out of the utilisation of genetic resources.
The most recent targets of the CBD which should be implemented by 2020, known
as the “AICHI Strategic goals”, are:

Address the underlying causes of biodiversity loss by mainstreaming
biodiversity across government and society
 Reduce the direct pressures on biodiversity and promote sustainable
use
 To improve the status of biodiversity by safeguarding ecosystems,
species and genetic diversity
 Enhance the benefits to all from biodiversity and ecosystem services
 Enhance implementation through participatory planning, knowledge
management and capacity building
[See: http://www.cbd.int/sp/targets]
Convention on International Trade of Endangered Species (CITES)
Washington, USA, March 1973,
CITES (the Convention on International Trade in Endangered Species of Wild Fauna
and Flora) is an international agreement between governments. Its aim is to ensure
that international trade in specimens of wild animals and plants does not threaten
their survival. International trade is regulated via a system of permits.
See Appendix I for interationally protected species in the Dutch Caribbean
Convention on Wetlands of International Importance especially as Waterfowl
Habitat (Ramsar Convention)
Ramsar, Iran, 2 February 1971
The Convention’s mission is “the conservation and wise use of all wetlands through
local and national actions and international cooperation, as a contribution towards
achieving sustainable development throughout the world”.
There are currently 10 Ramsar sites in the Dutch Caribbean
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Biodiversity Strategy for the Dutch Caribbean
The Convention on the Conservation of Migratory Species of Wild Animals (CMS)
Bonn, 23 June 1979
The Convention (also known as CMS or Bonn Convention) aims to conserve
terrestrial, aquatic and avian migratory species throughout their range. Migratory
species threatened with extinction are listed in Appendix I of the Convention.
CMS Parties strive towards strictly protecting these migratory species that need or
would significantly benefit from international co-operation are listed in Appendix II
of the Convention. For this reason, the Convention encourages the Range States to
conclude global or regional Agreements.
See Appendix I for internationally protected species in the Dutch Caribbean
The Migratory Shark Memorandum of Understanding (MoU)
The Shark Memorandum of Understanding (MoU) has the objective to ensure the
conservation and management of migratory sharks and their long-term sustainable
use. A number of migratory sharks are included in the MoU for complete protection.
See Appendix I for internationally protected species in the Dutch Caribbean.
Cartagena Convention
The Cartagena Convention was adopted in Cartagena, Colombia on 24 March 1983
and entered into force on 11 October 1986. The Convention is supplemented by
three protocols:
Oil Spill Protocol
The objective is to strengthen national and regional preparedness to prevent and
control major oil spill incidents
Specially Protected Areas and Wildlife Protocol (SPAW)
The objective is to protect rare and fragile ecosystems and species.
There are currently three SPAW recognized protected areas in the Dutch Caribbean
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
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Bonaire National Marine Park
Saba Bank National Park
Quill Boven National Park
Two more areas in the Caribbean Netherlands, as well as one area in St. Maarten
and one in Aruba are also eligible for SPAW listing but still need to be submitted:

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Saba National Marine Park
St. Eustatius National Marine Park
Parke Nacional Arikok
Man of War Shoal National Marine Park
The SPAW protocol lists species in three annexes, Annex 1 and 2 respectively for
plants and animals, that require full protection and Annex 3 for plants and animals
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Biodiversity Strategy for the Dutch Caribbean
that need active management to prevent them from becoming endangered.
See Appendix I for internationally protected species in the Dutch Caribbean
Land Based Sources and activities Protocol (LBS)
The objective is to prevent pollution of the sea from land-based sources.
Inter-American Sea Turtle Convention (IAC)
Caracas, Venezuela, 1 December 1996.
The Convention aims to promote the protection, conservation and recovery of sea
turtle populations and of the habitats on which they depend.
International Whaling Convention (IWRC)
Washington DC, December 2, 1946
The Convention aims to promote the conservation of whale stocks and the
sustainable development of the whaling industry.
UNESCO World Heritage Convention
Paris, 23 November 1972
The United Nations Educational, Scientific and Cultural Organization (UNESCO) seeks
to encourage the identification, protection and preservation of cultural and natural
heritage around the world considered to be of outstanding value to humanity.
There is currently one cultural World Heritage site in the Dutch Caribbean:
 Historic area of Willemstad, Curacao
Two further sites are on the tentative list for nomination:
 Bonaire National Marine Park (natural site)
 Plantations in West Curacao (cultural site)
National Policy and legislation
Nature Policy Plan The Caribbean Netherlands 2013-2017
The Nature Policy Plan 2013-2017 provides a framework for sound management and the
wise use of nature in the Caribbean Netherlands. The Plan’s objective is to ensure that
nature on the Caribbean islands is used in a sustainable way so that the island’s ecosystems
and ecosystem services can be preserved.
National and Policy Plans and Ordinances
Nature Conservation Framework Act BES
The requirements of the international treaties and conventions, such as the CITES Convention,
RAMSAR Convention, Bonn Convention (or the Convention of Biological Diversity), the Inter American
Convention for the Protection and Conservation of Sea Turtles, Cartagena Convention and the SPAW
Protocol, to which the Kingdom of the Netherlands is signatory are anchored in the Nature
Conservation Framework Act BES [Wet grondslagen natuurbeheer en -bescherming BES].
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Biodiversity Strategy for the Dutch Caribbean
The National Government supervises the management of nature on the islands to ensure
the proper protection of species and areas and can assist the islands’ governing bodies with
implementation at their request.
Relevant parts of the Act include:
Nature Policy Plan
Caribbean
Netherlands
The Ministry EZ writes a Nature
Policy Plan (NPP) every five years
in close cooperation with the
Island Governments
The Nature Policy Plan sets the framework
for nature policy on the Caribbean
Netherlands and contains the goals of, as
well as an overview of the priorities for, the
protection of nature and environment for
the following five years
Annual Report to be provided to the Dutch
Parliament and Island Governments
RAMSAR
SPAW
Bonn Convention
CITES
SPAW
Minister EZ can instate nature
parks in close cooperation with
the Island Governments and
nominates them with the
respective authority
The Minister EZ appoints a
Control Unit that ensures the
compliance of the regulations
Bonn Convention
Nature Policy Plan
(island)
Island Government develops an
Island Nature Policy Plan every
five years
Nature Parks
The Island Government can
instate nature parks and
implements the protective
measures as required
The act states the regulations for the
granting of CITES permits for the transport
of (parts of) protected animals. The
Minister EZ appoints experts to advise the
Minister, the Island Governments and the
Control Unit on the identification of
specimen, species and other occasions
concerning nature management and
protection
The Island Government is required to develop regulations for the implementation of obligations
emerging from this act. On request of the Island Government, the Minister of Economic Affairs can
provide the facilities, resources and assistance needed for the implementation of this act. If the Island
Government fails to develop such regulations, the Minister has the authority to do so.
.
By virtue of this act, monitoring and surveillance will be carried out and can lead up to sanctions such
as coercive measures or a cease and desist order.
A Nature Commission will be set up to advise the Minister EZ and the islands’ governing
bodies on measures relevant to the implementation of the Nature Conservation Framework
Act BES.
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Biodiversity Strategy for the Dutch Caribbean
Maritime Management Act BES
The Maritime Management Act BES gives the Minister of Infrastructure and Environment (I&M) the
responsibility for management of the territorial waters and the Exclusive Economic Zone, concerning
swift expedition of marine traffic, safe maritime navigation and protection of the marine environment
and provides the possibility to mandate these responsibilities to the Island Governments.
The act also implements the regulations of the UN Maritime Law Convention (maritime order, safety
and protection of the environment), the International Regulations for Preventing Collisions at Sea and
the International Convention on Oil Pollution Preparedness, Response and Co- operation (OPRC).
Furthermore, a permit system is in place that protects the interests of the marine environment,
nature, safety of marine traffic and maritime archaeological heritage. A permit is required for the
introduction of structures, objects or other materials in the territorial waters as well as the Exclusive
Economic Zone, including intentional pollution, land reclamation or any activities that affect the
current state of the sea(bed), including cables and pipelines. For trans shipment and bunkering (ship
to ship) also a permit is required. The dumping of waste or deliberate sinking of ships, planes or
structures is prohibited under this act. For research, permission is required from the Ministry.
Emergency Response Plans need to be in accordance with the IMO stipulations of the OPRC Treaty
and the MARPOL Convention. Emergency Response Plans for the Exclusive Economic Zone are
determined by the Minister of I&M and for the territorial waters they are determined by the Island
Governor in close cooperation with the Minister of I&M. Oil spills or spills of any other substances
need to be reported to the Ministry.
If any of the stipulations stated in this act are infringed, the Minister and/or the Island Governor have
the authority to detain ships, shutdown operations or activities and in severe cases coercive measures
or a cease and desist order can be used.
The BES Maritime Management Act establishes rules for:
- Maintaining order and ensuring safety at sea
- Protecting the marine environment and the natural world
- Protecting the maritime archaeological heritage
- Ensuring compliance with international regulations and treaties
This Act is based in part on various international treaties and regulations, such as the United Nations
Convention on the Law of the Sea and is administered from the Netherlands by Rijkswaterstaat
(which falls under the Dutch Ministry of Infrastructure and the Environment)
Fisheries Act BES
By virtue of the Authorisation Act for the Establishment of a Fisheries Zone [Machtigingswet instelling
visserijzone] of 1977 a fisheries zone has been established covering the territorial waters and the
Exclusive Economic Zone, now also covering the waters of the Caribbean Netherlands.
Small-scale fishing within the territorial waters of Bonaire, Saba and St. Eustatius is not regulated up
to a certain size. Any larger scale fishing activities are regulated in the Fisheries Act BES. The Minister
of Economic Affairs is responsible for establishing a Fisheries Commission that is concerned with
permits, the equipment that is allowed to be used and the fish species that are allowed to be caught.
The Commission will act as the executive office of the Ministry. Dispensation can be offered for
scientific research. If deemed necessary, the Minister can declare a prohibition concerning all or
certain fishing activities for a certain amount of time.
Public housing, spatial planning and environmental protection Act BES
The Ministry of Infrastructure and Environment (I&M) is responsible for developing an Environmental
Policy Plan (EPP) once every five years in consultation with the Island Government and in accordance
with the Nature Policy Plan, the Island Nature Policy Plans, the Spatial Development plans and the
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Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their
Disposal.
The EPP sets the framework for the islands’ annual environmental programmes, which contain
actions to protect the environment, actions to prevent and/or contain of the production and
management of waste, actions to manage sewage water, a summary of incidents and a financial
prospect. The Island Governments are also required to develop Island EPPs, which should contain the
principles, objectives and priorities of the environmental policy that is to be followed.
The act administers the protection of the environment through prevention and/or containment of the
production and management of waste and sewage, recycling of waste products and prohibition of
dumping waste materials on land (dumping at sea is covered by the Maritime Management Act BES).
The act contains building guidelines and a building permit system, the option for a building ordinance,
a housing ordinance, a waste product ordinance containing regulations on waste collection and
treatment, and prevention and cleaning of litter, and a sewage water ordinance for the collection and
treatment of sewage water and the prohibition of dumping sewage water.
On each of these ordinances the Minister of I&M has to be consulted and if deemed necessary the
Minister has the authority to intervene.
Furthermore, the act contains a section on Environmental Impact Assessments (EIA) both for the
application of single permit and for larger scale plans.
Dutch National Policy Strategy applies to the entire Kingdom of the Netherlands,
both its terrestrial areas and waters including the Dutch Caribbean islands of
Bonaire, Saba and St Eustatius and their Exclusive Economic Zone.
Spatial Development Planning Framework Act BES [Wet grondslagen ruimtelijke
ontwikkelingsplanning BES]
The act prescribes a national policy for a period of 10 years for the sustainable development of the
Caribbean Netherlands. In order to do so, the Minister of Infrastructure and Environment (I&M)
consults with the Island Governments of the Caribbean Netherlands and can have research done by a
Planning Agency.
The policy aims for:
• a sustainable balance between available area and the development to anticipate population
increase
• spatial conditions that preserve a healthy environment by safeguarding areas for nature and
recreation in accordance with the population increase as well as the preservation of clean water,
earth and air
• availability of residential areas and the accompanying social and cultural facilities to go hand in
hand with population increase and the implementation of development projects
• measures to be taken for the modification of existing residential areas to new developments and
to improve poor living conditions
These goals are to be fixed in a development programme in close consultation with the Island
Governments.
The development programme states the desired long-term economic, socio-cultural development, as
long as it is in compliance with the future spatial development and sets the framework for multi-year
programmes and other implementation projects.
Island Governments are to develop long-term development plans in accordance with the national
development programme.
A Coordination Commission Development Planning will be instated that aims to stimulate the
coherence and focus of the national policy for the development of the Caribbean Netherlands within
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Biodiversity Strategy for the Dutch Caribbean
the spatial development framework. The Commission consists, among others, of representatives of
the islands.
Island Ordinances
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Biodiversity Strategy for the Dutch Caribbean
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