Antigua & Barbuda

Until 1990, exploitation of marine turtles in Antigua and Barbuda was governed by the Turtle Ordinance of 1927. This law established: a four-month closed season from 1 June to 30 September for all marine turtle species, with the exception of the Loggerhead; a minimum size limit of 20 lb (nine kilogrammes) in weight; and penalties, including a fine of “10 pounds”, for violations. Recognition that these requirements were inadequate to prevent declines in marine turtle numbers led to the adoption of the Fisheries Regulations of 1990 (Section 21 of The Fisheries Act, 1983), which provide for:

• “until otherwise declared,” a six-month closed season from 1 March to 31 August, during which it is illegal to fish for, take, sell, purchase or possess any turtle or turtle part;
• a complete prohibition of:
– disturbance, take, sale, purchase or possession of any turtle eggs or interference with any turtle nest;
– take, sale, purchase or possession of any undersized turtle;
– sell or purchase of shell of any undersized turtle.
• minimum size limits, “undersized” turtles being:
(a) Leatherbacks weighing less than 350 lb (158.75 kg);
(b) Green Turtles weighing less than 180 lb (81.65 kg);
(c) Hawksbill Turtles weighing less than 85 lb (38.50 kg);
(d) Loggerheads weighing less than 160 lb (72.57 kg).

The Regulations further prohibit the use of spear guns for fishing in Antigua and Barbuda without prior written permission from the Chief Fisheries Officer. Any person convicted of contravening any of the provisions of the Regulations is liable to a fine of 5000 East Caribbean dollars (XCD5000)or 12 months’ imprisonment. In addition, any fishing vessel (together with its gear, stores and cargo) and any vehicle, fishing gear, net or other fishing appliance used in the commission of the offence may be forfeited (Section 33 of the Fisheries Act, 1983).

This legislation has recently been updated with the assistance of the FAO and includes new and more stringent measures for the management and conservation of marine turtle populations in Antigua and Barbuda. The new draft regulations prohibit the capture/taking of all marine turtles, turtle eggs and the disturbance of turtles found on shore. The result is a moratorium on the capture of marine turtles, but for which the Minister may still declare open seasons. The draft regulations also set maximum (rather than minimum) size limits, “a measure that is set in place to protect mature females” (T. Lovell, Fisheries Division, in litt., 12 April 2005).

According to the Fisheries Division (2002), although Antigua and Barbuda became a Party to CITES in 1997, there is currently no legislation to implement the Convention. The CITES National Legislation Project, initiated in 1992, assessed Antigua and Barbuda’s CITES-implementing legislation as “believed generally not to meet the requirements for the implementation of CITES” (Anon., 2002) and assigned a deadline of 30 June 2004 for enactment of adequate implementing legislation. This deadline was subsequently extended and, by the 53rd meeting of the CITES Standing Committee (27 June–1 July 2005), Antigua and Barbuda had submitted a CITES Legislation Plan and draft legislation to the CITES Secretariat for comments; the Standing Committee will review legislative progress at its 54th meeting (scheduled for late 2006) (Anon., 2005a and b).