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Surveillance & Enforcement |
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 Surveillance and Enforcement forms a significant aspect of the work of the Department of Environment and Fisheries.
Surveillance with respect to the Department of Environment & Fisheries refers to:
• Observing
• Scrutinizing
• Watching
• Inspecting
• Being Vigilant
Environmental Surveillance therefore refers to the activities associated with monitoring and observing the environment and the ways in which people utilize the environment.
Surveillance is important as it provides information that can help us to manage the environment properly and ensure that it is not degraded.
Also surveillance allows us to recognize that a problem is beginning to occur before it becomes a crisis. This allows us to take preventative actions.
For example, if we recognize the first signs of seepage of oil into the environment, we can take steps to prevent a massive oil spill.
Secondly, by constantly surveying the environment, we can identify the people who are engaging in environmentally unfriendly practices. We can therefore encourage those persons to comply with the environmental policies and legislation of the British Virgin Islands, and to conduct themselves in an environmentally friendly manner.
By engaging in surveillance and taking preliminary actions to curb any problems that are developing, it is possible to minimize damage to the environment and prevent unpleasant lawsuits and other legal proceedings.
Once information has been obtained as a result of the surveillance program, decisions can be made as to whether it is necessary to engage in enforcement of legislation.
Enforcement of law can be a very serious matter, it can involve the police, lawyers, the court, and can result in persons being sentenced to prison or heavy fines.
There are several words that may be used to describe enforcement. They are :
• Application (of the law)
• Implementation
• Coercion
• Compulsion
• Constraint
• Requirement
The aim of enforcement then is to compel or force persons to comply with the law.
There are several laws that the Department of Environment and Fisheries helps to enforce. These include: -
• The Fisheries Act 1997
• The Fisheries Regulations 2001
• Marine Parks and Protected Areas Ordinance (CAP 243) 1979
• Endangered Animals and Plants Ordinance 1976
• Wild Birds Protection Ordinance (CAP96) 1982
• Land Development (Control) Ordinance (CAP 241) 1992
In addition to local laws, the Department of Environment and Fisheries Department urges compliance with several international laws and agreements. These include:
• The United Nations Convention on the Law of the Sea (UNCLOS)
• FAO Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas.
• Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)
• Convention on Biological Diversity.
Environmental Surveillance and Enforcement is a broad topic. In order to successfully enforce environmental legislation, the Department of Environment and Fisheries works with several other Departments and organizations. These include:
• The Marine Police
• The National Parks Trust
• The Attorney Generals Chambers
• The Customs Department
• The Immigration Department
Surveillance and Enforcement helps us to control problems such as
• Oil Pollution
• Sand Mining
• Anchor Damage to the sea
• Siltation due to reclamation and other development activities
• Loss of important terrestrial and marine habitats, such as mangroves.
In order for the Environment of the BVI to be properly managed, we also need your support and assistance. You can assist us in our surveillance and enforcement efforts by:
• Becoming more knowledgeable about local environmental legislation and policies.
• Reporting any illegal environmental practices to the Department of Environment and Fisheries.
• Adopting environmentally friendly practices.
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