Island Ordinance for the establishment of the National Park Mt. Scenery and protection of animal-, plant species and artifacts (AB 2018.03) (Saba)

Island Ordinance for the establishment of the National Park Mt. Scenery and protection of animal-, plant species and artifacts (AB 2018.03)Island ordinance on the setting up of the Mt. Scenery national nature park (as intended in Article 10 of the Law for Nature Conservation and Protection BES) and designation of protected animal and plant species as intended in Article 11-13 of the Law Nature Conservation and Protection BES. Whereas: Nature and archaeological heritage in the area around the summit of Mt. Scenery and the northeastern part of the island are of special value to the economy and cultural history of Saba, That this area is of special importance for the natural riches of the Caribbean Area, Whereas it is necessary or desirable to lay down further rules with regard to the management, usage and protection of the natural and cultural-historical values in this area. Taking into account: Article 10, 12, 13 and 14 of the Law for Nature Conservation and Protection BES (Bulletin of Acts and Decrees 2010, 565); Articles 4, 5 and 6 of the Protocol on Special Areas and Species (SPAW Protocol); Article 2, 3 and 4 of the Treaty of Malta; DECIDED THE ISLAND COUNCIL OF THE SPECIAL MUNICIPALITY SABA TO ADOPT THE FOLLOWING ISLAND ORDINANCE: Article1(Boundaries of the nature park)

1. There is Nature Park Mt. Scenery, hereinafter referred to as the Park.
2. The Mt. Scenery Nature Park covers the area on the public entity Saba around the top of the Mt. Scenery above the 550m altitude line and from there in the east running along the eastern border of the property known as the Muriel Thissel Park until the waterline of the sea on the North coast of the island and in the west of Troy Hill along the deepest line of the so called Island Gut directly south of the Well's gut until the waterline of the sea.
3. A map with the boundaries and an explanation of the essential characteristics of the Park shall form part of this Regulation. Article 2 (Access to the Nature Park)
4. For the access to or use of the Park, the Executive Council of Saba may, by Island Decree, determine an entrance fee;
5. No entrance fee shall be levied for access to or usage of the Park of persons who, according to their ID card, are residents of Saba.
6. Usage is, next to walking on the trails, also the small scale sustainable activities in the Park, like the small scale agricultural activities on private properties. Article 3 (Management of the Park)
7. The management of the Park is designated to the Saba Conservation Foundation (SCF).
8. The Saba Archeological Center (SABARC) is designated as the manager of the archaeological heritage within the Park.
9. The management of the Park is further described in a management agreement between the Public Entity Saba and respectively the SCF and SABARC, in which at least is specified: a. the way in which the management and conservation of nature and the essential characteristics of the Park are achieved; b. the way in which accessibility to nature, archaeological heritage and special features in the Park is achieved; c. the tasks that result from this; d. the goals that have to be achieved for this; e. the resources available for the implementation of the management.
10. The management agreement is valid for five years, after which it is reviewed and renewed. Article 4 (Prohibitions and permits)
11. It is forbidden in the Park, without permit of the Executive Council, to build roads or buildings or to start other ground- or building activities;
12. It is forbidden in the Park, without permit of the Executive Council, while taking into account the articles 6, 7 and 8: a. cut down trees; b. damage, remove or destroy the natural vegetation, collect and'or remove from the Park plants or parts thereof or hunt or disturb animals; c. landfill waste.
13. The prohibition as stated in the second paragraph, while taking into account the articles 6, 7 and 8, does not apply to: a. small-scale, sustainable agricultural activities, as already occurred at the coming into force of this regulation and as far needed for these activities; b. activities needed for the maintenance and safety of the walking trails and for the safeguarding of archeological sites and artefacts.
14. Permits as referred to in the first paragraph shall only be granted if an environmental impact report (EIA) can demonstrate that these activities will not cause damage to the natural and cultural-historical values or to the core features of the area.
15. An EIA as referred to in the fourth paragraph must comply with rules and requirements as stated in the Wet VROM BES, Article 7, and paragraphs 2 to
17. Permits, as stated in the second paragraph, can be granted for scientific research for the management of the Park, when it is clear that by the activities no inevitable damage will be caused to the natural and cultural-historical values or to the core features of the area. Chapter 2 PROTECTION OF SPECIES Article 5 (Designation of protected and vulnerable species)
18. The following animal and plant species are designated as protected animal and plant species: a. All animal and plant species belonging to the native fauna or flora, and listed in Annex I or II to the Bonn Convention, Appendix I of the CITES Convention, b. The native animal and plant species listed in Appendix 1 of this regulation.
19. The following animal and plant species are designated as vulnerable animal and plant species: a. all animal and plant species belonging to the native fauna or flora and listed in Appendix III of the SPAW Protocol; b. the native animal and plant species listed in Annex 2 of this Regulation.
20. By means of an island decree, other native animal and plant species may be added to or removed from Appendix I or Appendix 2 mentioned in paragraphs I and 2 of this Regulation. Article 6 (Prohibitions of protected species)
21. It is forbidden to cut out, pick, collect, cut, uproot, transplant, destroy, damage, trade or otherwise engage in specimens of a protected plant species which leads to disturbing the plant.
22. It is prohibited to kill, injure, catch, collect, possess, trade in, directly or indirectly disrupt specimens of a protected animal species, resulting in a physical threat or damage to its habitat or to perform other actions which result in stress to the animal.
23. It is forbidden, without necessity, to disturb an animal belonging to a protected animal species, to disrupt, destroy or destroy its nest, hollow or breeding or resting place, and to obtain a nest from such an animal.
24. It is forbidden to possess live animals belonging to a protected animal species.
25. It is forbidden to destroy or pick up eggs from animals belonging to a protected animal species.
26. Exemption from prohibitions in the first to fifth paragraphs can be granted by or on behalf of the Executive Council, provided that this does not pose a threat to the survival of the species and if the exemption is desirable in view of: a. scientific, educational or management purposes; b. the survival of protected animal and plant species; c. the prevention of significant damage to forests or crops; d. the survival of traditional existence possibilities or cultural needs existing on Saba.
27. An exemption as referred to in the previous paragraph may be subject to specified regulations and may be granted subject to restrictions. Article 7 (Prohibitions of vulnerable species)
28. It is forbidden to cut out, cut, pick, collect or trade specimens of a vulnerable plant species without a permit from the Executive Council.
29. It is prohibited to capture, collect, collect or trade specimens of a vulnerable animal species without a permit from the Executive Council.
30. Further control measures can be laid down for vulnerable species of animal or plant species to be designated by the Executive Council via island decree.
31. Licenses as referred to in the first and second paragraphs shall only be issued by the Executive Council if they do not pose a threat to the survival of the vulnerable species. Chapter 3 PROTECTION ARCHEOLOGICAL HERITAGE Article 8 (Prohibited excavation of artifacts)
32. It is forbidden in the Park to carry out activities without a permit from the Executive Council with regard to the detection, investigation or acquisition of archeological artifacts or parts thereof, whereby disturbance of the soil, or disruption or complete or partial movement or removal of an artifact / archaeological site or cultural heritage takes place.
33. Permits, as referred to in the first paragraph, are only issued after a recommendation from the Saba Archeological Center. Chapter 4 PERMITS AND DISPENSATION Article 9
34. To receive a permit or a dispensation as mentioned in this ordinance, a written request has to be submitted to the Executive Council
35. For a proper evaluation of the request, the submitter has to send in as much as possible relevant underlying documentation together with the request.
36. The Executive Council can specify additional requirements for the underlying documentation of a permit or dispensation.
37. A permit or dispensation based on this ordinance is only valid if it is given in writing. Article 10
38. The permits granted under this Ordinance may be subject to conditions in the interest of: a. the protection of nature or the archaeological heritage in the Park; b. compliance with this Regulation; c. the safety of visitors to the Park.
39. The Executive Council may grant exemption from one or more prohibitions of this Regulation for scientific and/or educational purposes. Conditions may be attached to the exemption.
40. A request for dispensation is submitted for advice to the manager(s) of the Park, who issue their advice as soon as possible.
41. Fees may be charged for the permits. This is determined by Island Decree containing general measures. Article 11
42. The permit or dispensation may be withdrawn or modified: a. if incorrect or incomplete information is provided to obtain the permit or dispensation; b. if on the grounds of a change in circumstances or insights after the granting of the license or dispensation, it must be assumed that withdrawal or modification is claimed by the interest or interests for the protection of which the license or dispensation is required. c. if the regulations and/or restrictions attached to the license or dispensation are- or have not been fulfilled.
43. A decision to revoke or change a permit or dispensation shall state the reasons to do so. This decision shall not be taken until the holder of the license or the dispensation has been given the opportunity to express his opinion on the intention to take this decision to revoke or change the permit or dispensation within a time period to be set by the Executive Council. Article 12 The holder of a permit or dispensation is obliged to provide this permit or dispensation to an official or person for inspection at the first request of an official or person charged with supervising the compliance with the provisions of or pursuant to this island ordinance. Article 13 The investigating of offenses established by this Island Ordinance is done by the persons designated in the Code of Criminal Procedure. In addition: a. the persons in charge of the management of the parks; b. other persons to be appointed for this purpose by Island Decree. Article 14
44. This island ordinance is cited as: Island Ordinance National Park Mt. Scenery and protection species and artefacts.
45. This island ordinance shall enter into force on the day after promulgation. Thus established in the public meeting of the island council of the public entity Saba on September 18th,
46. A.M. Levenstone,Island registrar J.G.A. Johnson, M. Ed.,Island Governor Annex 1Protected species In the table below the protected species are listed in accordance with article 5.
47. b, for which the rules of Article 6 apply. Name Scientific name Mountain Mahogany Freziera undulata Saba Black Iguana Iguana iguana Bridled Quail Dove Geotrygon mystacea Redbilled tropicbird Phaethon aethereus Audubon's Shearwater Puffinus lherminieri Brown Trembler Cinclocerthia ruficauda All hummingbirds Orthorhyncus cristatus, Eulampis jugularis, Eulampis holosericeus Red-bellied racer snake Alsophis rufiventris All bat species Monophyllus plethodon, Ardops nichollsi, Tadarida brasiliensis, molossus molossus, Brachyphylla cavernarum, Artibeus jamaicensis, Natalus stramineus Annex 2Vulnerable species The table below lists the vulnerable species in accordance with Article 5.
48. b, for which the restrictions of Article 7 apply. Name Scientific name All Orchids Orchidaceae All Ferns Ophioglossaceae West Indian Mahogany Mahagoni swietenia Saban anole Anolis Sabanus Saba Dwarf Gecko Sphaerodactylus sabanus Caribbean Elaenia Elaenia martinica Caribbean Martin Progne dominicensis Scaley Naped Pigeon Patagioenas squamosa Indigo Bunting Passerina cyanea Black-faced grassquit Tiaris Bicolor Black-whiskered Vireo Vireo altiloquus All warblers Mniotilia varia, Wilsonia citrina, Dendroica petechia Common Ground Dove Columbina passerina Scaly Breasted Tresher Allenia fusca