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SECTION TWO

PROJECT ENVIRONMENT

2.1 Physical Environment

The proposed Hugh Parkey’s Belie Adventure Island is located about 8.6 miles (14 km)southeast of Belize City. The physical description will consist of physical, biological and marinecomponents that make up the natural environment. These components are important inconsidering the relative potential impacts that can arise from such an undertaking. The proposeddevelopment will encompass the expansion areas identified in the first Environmental ImpactAssessment and will consist of residential/guest accommodations along with other relativeamenities. The following is a brief summary of the project environment.

2.1.1 Meteorology

Belize has a tropical to subtropical climate with a pronounced wet and dry season even thoughthere are significant variations in the weather patterns in the region. The average rainfall variesconsiderably throughout the country ranging from 1,350 millimeters in the north and west to4,500 millimeters in the extreme south and lower Maya Mountains. Seasonal differences inrainfall are greatest in the northern and central regions of the country where, between Januaryand April or May, fewer than 100 millimeters of rain fall per month.

The dry season is shorter in the south, normally only lasting from February to April. A shorter,less rainy period, known locally as the "little dry," usually occurs in late July or August, after theinitial onset of the rainy season. Rainfall in the area is relatively limited. Annual average for thearea is 60 inches (1,524 mm) – 80 inches (2,032mm) (See Fig. 2.1). The mean air temperature ofthe project area is 27 C. The extreme high temperature recorded was 37 C and the extremelow was 13 C.

2.1.2 Oceanography

The following oceanographic components were analyzed for the proposed expansion of HughParkey’s Belize Adventure Island.

2.1.2.1 Hydrographic Profile

The hydrographic profile of the near shore environment along the different development sitescan be appreciated in Fig. 2.2. The physical water quality parameters are the functions whichmodify and influence the structural and biological elements of the barrier platform and byextension the proposed project site. These parameters include winds and waves, tides, currents,temperature, salinity and turbidity.

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Fig. 2.1 Rainfall Isopleth Map of Project Site

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Fig. 2.2 Hydrographic Profile of the Expansion Project

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2.1.2.2 Winds and Waves

The coast of Belize is subjected to southeasterly trade winds that average 10-17 knots. Thegreatest trade winds are experienced in July (Stoddart, 1962). The coastal regions of the countryget the majority of the winds. The general wind patterns of the proposed sites are that of east-south-easterly winds during the dry season, easterly winds in the rainy season and occasionalnortherly winds during the cooler months. In the period March-June the average wind speed ishighest but the average wind-speed inland is considerable lower than along coastal areas.

The prevailing winds are the main driving force for waves and surface currents in coastal Belizeand by extension the project area. During the periods when the southeasterly and easterly windsprevail, maximum wave energy are developed in the deep seas, which are dissipated at the crestof the barrier reef, as well as over the barrier platform, with the breaking of these waves. Duringthese times the waters surrounding the caye become richly oxygenated – which bodes well forthe flora and fauna in the area.

2.1.2.3 Tides

Belize experiences semi-diurnal tides with amplitudes in the order of 0.5 M during normalweather and about 0.8 M in variation during the cold fronts. Another phenomenon affecting tidalamplitude in Belize and at the project site in general is the “Sun Tides” in October and March, inany given year. During these times the ‘migration’ of the Sun to and from the southernhemisphere has an additive effect on the tides, which are otherwise primarily dominated by thegravitational pull of the moon.

During these times both the high tides and low tides are higher than ‘normal’. These variationsmay be on the order of 8 inches to 1 ft. The highest sun tides are experienced during the fullmoon and new Moon phases of the lunar cycle in which the high tide is referred to as “HigherHigh Water Spring Tide” or HHWS. During these times the low tide is referred to as “HigherLow Water Spring Tide” or HLWS. During the lower tidal cycle, which occurs during the 1st

Quarter and 3rd or Last Quarter phase of the lunar cycle, the high tides are referred to as “HigherHigh Water Neap Tide” or HHWN: The low tides are referred “Higher Low Water Neap Tide”of HLWN.

The sun tides can have a severe inundating or ‘flooding’ and erosional effect on low lying areassuch as the project site. During the times of the sun tides and in markedly rough sea states, theeastern or lower end of the primary project site becomes waterlogged and inundated by the sea.The reduced elevation and gently sloping profile of the beach in the area of the project site is afunction of low tidal amplitude and the reduced energy afforded by the caye in the immediate leeof the barrier reef.

2.1.2.4 Currents

The currents influencing the depositional and erosional processes of the proposed project site arederived from both wind-driven and tidal sources. The wind driven currents are greater inmagnitude and are in general more influential in affecting the dynamics of the cayes and the

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ecosystems of the surrounding waters. Wind driven currents in the Belize City areas have beenrecorded at 1 - 1.5 knots at the immediate sub-surface depths and 0.2-0.6 knots at a depth of 1.8meters (FAO/UNDP unpublished report, 1983).

The prevailing surface current among the Belize cayes and generally within the Barrier Reef is ina southerly direction. This is the case with the Hugh Parkey’s Belize Adventure Island expansionproject. These currents do not only affect sediment transport but also the distribution of sessileorganisms including grasses and algae in the area of the project site.

2.1.2.5 Bathymetry

Based on the hydrographic provinces (Purdy, 1966), the caye rests on the Barrier Platform. Thisis relevant to continental shelf in which the project site is located on the outer most ridges orshoal of such shelf. The area of the Continental Shelf running from the back-reef of the mainbarrier reef to the eastern shore line of cayes has been referred to by Purdy (1975) as the BarrierLagoon.

The waters between this first line of cayes, including Spanish Lookout Caye, and the mainlandhave been referred to by Purdy (1975) as the Shelf lagoon. Purdy has sub-divided these Lagoonalsystems on the basis of a Northern Shelf Lagoon and a Southern Shelf lagoon – the dividingpoint being at the Belize river delta in Belize City. The Northern shelf Lagoon running fromBelize City to San Pedro and including the Chetumal Bay is relatively shallow with depths notexceeding three (3) fathoms.

The Northern Shelf lagoon is shallow and flat, being interrupted by relict drainage channel andsinkholes caused by Pleistocene erosion (Purdy 1974; Scott 1966). One of these channels theEnglish Caye or Eastern Channel, which is 4 miles south of the project site, makes a deepundulating cut of about 30 meters in depth through the Barrier platform. This Channel probablyrepresents an old streambed of either the Belize River or Sibun River. Other noted drainagechannels in the reef includes – the Saint George’s caye Channel, 5 miles north of the project site,and the Caye Caulker–Caye Chapel channel.

2.1.2.6 Water Quality

Water samples were also taken around the caye in order to determine the water quality of thereceiving environment. For the proposed project, 6 sampling points were analyzed (See Fig. 2.3)by an accredited DOE laboratory (See Annex IV). The following summarizes the water qualityof the project site.

Turbidity

The waters coming from the ocean and flushing over the Barrier Platform are clear and largelyfree of turbid influences. The clarity of this deep ocean water is attributable to its nutrient-poorstatus and consequently low primary productivity. Wave energy buildup across the barrierlagoon however, makes the area between the back reef of the main barrier reef and the barrierlagoon turbid in heavy seas.

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Fig. 2.3 Water Sampling Points for Expansion Project

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Suspended solids and total solids measurements taken for the proposed expansion project site byTunich Nah Consultancy team ranged from 2-6 and 26,100 – 27,200 ppm respectively. Therewas little variation between the sampling points for both parameters which could implicate thatthere was little deviation from the normal concentrations.

Hardness

This parameter is just a measurement of the different precipitate ions that are found inconglomeration with salt water. In this instance, the sample sites range was indicative of opensea water environment or oceanic quality in conjunction with the salinity values that will bedescribed as follows.

Nutrients

The nutrient levels (nitrates/phosphates) for the different sampling sites were low and indicativeof low- induced impacts and/or flow through circulation as is common in non-stratified watercolumns (open sea environment). There were also no variations between sampling sites. Inaddition, BOD levels were low ranging from 14 to 19 mg/l. Nevertheless, a monitoring programwill be developed to gather more data in this regard.

Salinity

Salinity varies across the Belizean continental shelf in a north to south direction, as well as in aneast to west direction. The variation in salinity along an east to west axis generally shows highersalinities as one proceeds eastwards or away from the mainland influences, which is a function ofthe decreased riverine freshwater inputs. Thus oceanic conditions with relatively high salinities(30-36 ppt) prevail in the more distal waters of the shelf lagoon, as well as the barrier lagoon andreef system. This situation is accentuated during the drier months. Thus oceanic conditions arenormally experienced in the deep sea and across barrier lagoon, the barrier Platform and the deepsea beyond the reef.

The salinities recorded by the Tunich Nah Consultancy Team were more or less uniform at 34.5ppt. This reflects a totally oceanic environment, with salinities being in excess of the oceanicquality mean of 35 ppt.

There are some variations in the salinity with the seasons across the continental shelf. Thediluting influences of riverine outfalls during the rainy season, does not generally proceed fromthe mainland as far east as the distal or eastern boundary of the Shelf Lagoon and thus thewestern shores of Spanish Lookout Caye. Brackish water influences from the mainland does notproceed as far east as the barrier reef crest.

2.1.2.7 Zone of Influence

As mentioned earlier, the proposed project is located about 8.6 miles southwest of Belize City.The proposed expansion coupled with the increase growth in the tourism sector will undoubtedlyaffect both the social and receiving environment.

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It is anticipated that the zone of influence will not be limited to the development zones but willextend the entire breadth and length of the caye. This also includes the navigable areas andattractions (Dolphin Pen) that the present and proposed expansion project aims to achieve.

In considering the expansion project, the development will strictly be influencing the tourismsector and to a lesser extent the Belizean population. It is anticipated that as the developmentunfolds, the traffic activity between the development area and Belize City will increase, therebycreating both water and ‘road’ movements around the project site.

2.1.3 Geology

The geological component will consist of the geomorphology and the sub-surface geology inconjunction with the geological history of the caye and barrier plateau. In addition the relativesoil conditions will be outlined along with the quantity of materials to be extracted will beprofiled in the following sections.

2.1.3.1 Geomorphology and Sub-surface Geology

Spanish Lookout Caye is located on the continental shelf of Belize. It has been postulated thatthe caye is the remnant of a pre-existing high that has formed into an island after the flooding ofthe northern half of the continental shelf some 5,000 - 8,000 years ago. This event, known as theFlandrian Transgression, was heralded by the melting of ice caps and glaciers and subsequentsea-level rise towards the end of the last ice age.

The stratigraphy of the area is a reflection of sea-level rise and fall over time. Sea level has gonethrough five (5) rise and fall events over the last 80,000 – 100,000 years. (James and Ginsburg1979). It has been asserted that sea level last stood at their present levels 80,000 – 100,000 years.B.P. It has been asserted that the deposition of the basement limestone upon which the Holocenereefs materials are found were deposited in the Pleistocene 130,000 years. B.P. (Springer-Verlag2003).

The thickness of this material varies up to 82 feet, and the thickness of Holocene reef materialoverlying the Pliocene base is up to 65.6 feet in thickness (James and Ginsburg 1979). Thus theSpanish Lookout Caye at the margins of the barrier platform may have accreted up to 65.6 feet ofsediments over the last 130,000 years. These sediments are expected to be a mixture of carbonatesediments alternated with organic materials, the latter being mainly in the form of peat.

In general there is a marked west-to-east gradation in sediment composition on the Belizecontinental shelf. There is understandably a decrease in terregenous clay and marl material asone proceeds eastward from the mainland coast to the edge of the continental shelf, and aconverse increase in carbonate sediments, to the extent that the marine-derived carbonatesediments are the exclusive sedimentary materials by the time one reaches the caye from themainland.

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The primary carbonate materials in the waters surrounding the caye and on the beaches and thereclaimed portion of the caye are Halimeda sand, with a minor contribution from coral fragmentsand coralline algae. This overall mixture of Halimeda tests, coral fragments and corallineparticles is generally referred to as ‘coralgal sands’ (Purdy et al 1975).

Halimeda is a genus of marine macro-algae which has a hard calcareous skeleton that degradesinto coarse sand upon the demise, and subsequently erosional and weathering processes, that theskeletal remains of the algae are exposed to.

The sediments of the mangrove dominated portion of the caye, which is over 90% of the area, ischaracterized by peat. In those areas in which this sediment has been deposited on dry land andallowed to be de-watered, such as in the area of the marina, the humus is spongy from the largeairspaces created from the decomposition and ‘internal’ shrinkage of the peat. In permanentlyinundated areas, which characterize much of the dwarf mangal, the peat is a fine andunconsolidated colloid, which grades into a clinging muck in the sub-surface areas.

2.1.3.2 Geological History

Belize is located on the Yucatan continental block which is one of two Paleozoic blocks formingCentral America, the initial splitting of the Yucatan block from the Nicaragua - Honduras blockoccurred along the east – west fracture zone known as the Cayman Trench. Evidence indicatesthat both the Yucatan and Nicaragua – Honduras blocks have rotated to their current position inthe upper Eocene.

The tectonic activities continued in the Cretaceous and Pliocene times resulting in the continuedwidening of the Cayman Trench. Tectonic activities in the Cayman Trench also resulted in theestablishment of five parallel submarine ridges trending North-North -East. The landward mostof these ridges forms the northern part of the barrier platform, including the project area, as wellas Ambergris caye. The second nearest ridge to main land Belize forms the base of the TurneffeAtolls and central portions of the barrier platforms.

The third submarine ridge forms the base of the lighthouse and Glover’s Reef atolls as well asthe southern portions of the Barrier Reef. The two most seaward or distal submarine ridges arecompletely submerged in the deep waters of the Western Caribbean.

2.1.3.3 Seismology

The Spanish Lookout Caye is not located along any major fault line or zone as can be seen in theGeological Fault Location map, (See Fig. 2.4). This site however, is just west of an unnamedfault line that seems to run parallel to the coast and intersects and converges with one anotherjust running similar. There are no major faults in the immediate vicinity; however the site is justsouth from a cluster of offshore epicenters that have been experienced recently.

Generally for Belize, earthquake hazard increases steadily from the north of the country to thesouth as can be observed in the Maximum Seismic Intensity map of Belize. In addition, as can beseen in Figure 2.5, the proposed expansion project falls in the < 5.0 magnitude scale (Richter

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scale). Earthquakes that affect the country of Belize occur in the Gulf of Honduras which is theplate boundary zone between North America and the Caribbean. Belize, on occasion wouldexperience mild tremors as the one experienced on November 26, which occurred in Chiapas,Mexico and was registered at 5.8.

The US Geological Survey’s National Earthquake Information Center (NEIC) is responsible forthe tracking of all these epicenters and according to the NEIC, Belize would experience a 6.0magnitude on the Richter scale subterranean earthquake in the ocean approximately every 8years in the aforementioned fault between Hunting Caye and Puerto Cortez (see Plate 2.1 below).

With this in mind and based on the different geological maps, the proposed expansiondevelopment is prone to seismic activity. It is necessary therefore that the building be designedand constructed in accordance with the Caribbean Uniform Building Code (CUBiC – Annex Vand VI) or in accordance with any other Code or Standard approved by the Government ofBelize.

Earthquakes depicted on the seismicity maps are taken from the USGS/NEIC PDE catalog

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Fig. 2.4 Geological Fault Map of Belize

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Fig. 2.5 Seismic Intensity Map of project site

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2.1.3.4 Soils

The soils investigation for the Hugh Parkey’s Belize Adventure Island Expansion Project wasundertaken by Alberto A. Rosado a Civil / Structural Engineer assisted by two technicians inSeptember, 2007.

The program of probing was as follows:

BH # 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,11

The probe locations are indicated on the Probe Location Plan (See Fig. 2.6) with the resultsdetailed in Annex VII of this EIA document.

Fig. 2.6. Probe Location Plan.

Probes No. BH1 through BH11 were conducted on the property upon which the planneddevelopment is being proposed.

The equipment consisted of a Mackintosh Probe manufactured by Engineering LaboratoryEquipment of England. This probe is a method of in situ testing for subsurface soil

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characteristics in which an instrumental device with a conical tip is pushed into the ground withrods at a constant rate.

The Mackintosh probe consists basically of a 10 pound hammer sliding on a half inch diameterrod dropping through a distance of 12 inches and striking an anvil at the lower end of that rod onthe end of which is a hardened steel cone one inch in diameter.

The probe is driven by blows of the drop hammer and the number of blows per foot ofpenetration is recorded. The penetration resistance and soil properties are then correlated to thestandard penetration test for cohesive and non-cohesive soils.

2.1.3.5 Extraction of Materials

As part of the development plan, the proposed expansion project intends to carry out a series offorecasted dredging and excavation activities. The dredging component will involve three (3)sets of dredging activities associated with the expansion project, viz: dredging of the accesschannel near shore areas of the East Side to accommodate the marina basin and berthing facility,the dredging of the interconnecting kayak trail and access areas on the South Island of the projectsite along with the dredging of the various burrow pits to the east, west and north of the SpanishLookout Caye for project fill (See ‘Detail ED’ in Fig. 2.7).

Considering these forecasted activities, the project plans to utilize the dredging and excavatedmaterials (spoils) for land reclamation purposes. The soil around the dredge sites (See Section2.1.3.3 and Fig. 2.7) will consist of peat and sand that extends to the mangrove fringes of theaccess channel and South Island. It is anticipated that the burrow pits (See Fig. 2.7) will consistof coralgal sand that will be used for the beach reclamation activity. Therefore, the proposedexpansion project will involve the gradual filling of the development areas which will includesome low lying mangrove area.

In view of the forecasted dredging activities and considering the tidal prone areas of the projectsites, the development plans to elevate the development contour some 5 feet (1.52 m) in theSouth Island and 3 feet (0.9 m) in the other development areas.

Dredging Equipment

There are many factors in choosing the correct and appropriate dredging equipment for theproposed dredging activities (Herbich, 2000). One of these factors is the type of material to bedredged followed by the location of the activity and finally, the deposition of the dredging spoilsor materials. There are a variety of tools or dredgers capable of being used on a project. So allparameters may play an important role in economic analysis, but ultimately, if the work is to beaccomplished by contract, the competitive bidding process will often serve as the final decisionmechanism (Herbich, 2000).

With this in mind it is anticipated that the proposed expansion project will utilize a cutter -suction dredge for the major portion of the anticipated dredging operations. This type of dredgeuses ‘cutter - suction mechanism’ to remove the peat and sand while depositing the spoils at a

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pre-existing location. Other dredging mechanism will include the use of excavator and grab typedredging machines. Little can be done to mitigate direct effects of dredging, except to choose adredging method and environmental circumstance that minimizes damage. Alternatively a grabtype dredge will result in less mortality than will a suction-type dredge (Herbich, 2000).

Dredging Volumes and Fill

Based on the dredging engineering calculations, the proposed dredging of the marina accesschannel, marina basin, and South Island will yield an estimated 139,997.8 cubic yards or107,036.1 cubic meters (See Fig 2.7 and Table 2.1) that will be utilized for land reclamationpurposes. Based on this yield, the volume of material dredged/excavated will be adequate toreclaim the project site and other related infrastructural works.

Of this volume, it is estimated that the access channel and marina basin (See ‘ID 1-3’ in Fig. 2.7)will produce 20,801.1 cubic yards (15,903.6 m3) of material. This channel/basin (1.9 acres) willbe dredged in order to accommodate the 27 slip marina. The dredging of the existing kayakchannel (1.8 acres) to access the South Island will be located will generate another 14,560.70cubic yards (11,132.5 m3) of material.

The final dredging activity relates to the excavation of the burrow pits on the east and west of thecaye (See Table 2.1 and Fig. 2.7). It is anticipated that this activity will yield an additional104,636 yd3 or 80,000 m3 of materials as described in Table 2.1.

These dredging volumes are modest given the scale of the proposed expansion project. It isanticipated that much of the dredging spoils will be composed of a mixture of peat and sand (SeeFig. 2. 6 and Annex VII). The dredging of the island will generate mostly peat that will be usedas a sub-base for land reclamation purposes whereas the dredging of the burrow pits will be usedfor beach development and reclamation process and to raise the level of the east side that hasexperienced greater compaction than anticipated.

Table 2.1 Anticipated Dredging volumes for the proposed project

Location Area (Acres) Depth (Feet) Volume (Cubic Yards)

Marina Component 1.90 - 20,801.1South Island 1.80 6.9 14,560.7Burrow Pit (East of Island) 4.90 11.5 65,397.5Burrow Pit (West of Island) 2.47 11.5 39,238.5

11.07 139,997.8

Project Fill Requirements

Based on the design concept and project layout and development, the proposed expansion projectwill require about 138,968.6 cubic yards (106,249.1 m3) of fill material (See ‘Fill Requirements’in Fig. 2.8). Based on these observations, the proponent plans to raise the development sites tosome three (3) to five (5) feet above the MSL. It is anticipated that the proposed dredgingactivities will yield an estimated 139,997.8 cubic yards of spoils (See Fig. 2.7 and Table 2.1).

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Fig. 2.7 Proposed Dredging Sites and Dredge Volumes

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Fig. 2.8 Expansion Project Fill Requirements

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In view of this fact and based on the proposed project being carried out in different developmentphases, the excess spoils (if any) will be used, where applicable, to refurbish any existing portionof the present development that requires immediate attention (flood and tidal prone areas, roadand infrastructure areas).

Disposal of Spoils

As described earlier, the dredging operation will yield some 139,997.8 cubic yards of material orspoils which will be utilized for the different reclamation purposes. In view of this, acontainment mechanism involving a geo-textile material that will be tied to lumber stakes will beutilize to dewater the dredge spoils (See Fig. 2.9 and Plates 2.2 and 2.3). The placement of thegeo-textile material is to allow the water to gradually seep through leaving the spoils behind,allowing the spoils to eventually become the reclaimed area or zone. The stakes utilizes willconserve the reclaimed outline.

This method of containment was successfully used during the dredging of the lagoon and fillingof the north island during the first phase of development. This method will be utilized only incertain areas, such as adjacent to mangrove areas to be preserved and seaside beaches.

Fig. 2.9 Typical Fill Section

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Plate 2.2 Geotextile material supported by stakes to contain sediment

Plate 2.3 Side view of geotextile containment structure – note fill material

A pipeline system consisting of a discharge floating line or pontoon will be used to transfer thespoil from the dredger to the reclaimed areas. If the distance is long, one or more booster pumpswill be required at intervals along the discharge line (Herbich, J. B. 2000). Once dried, thematerial will be allowed to settle and naturally compact itself. This is a very cost effectivemethod for land reclamation. It is anticipated that the dredged materials will consist of sand andpeat (See Fig. 2.7, 2.8 and Annex VII).

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Maintenance Dredging

It will be necessary to carry out maintenance dredging around the marina and South Islandaccess channel. The proposed maintenance dredging will be required because of the dynamicmovement of the waves and sediment accumulation over the years. It is expected that dredgingmay need to be carried out every five (5) years or as stated by the relevant authorities.

Methods of Controlling Sedimentation of the Marina

Any dredging for the marina will be limited to the area immediately where the channel and themarina will be sited. To minimize siltation of the lagoon the following mitigation measures willbe put in place:

Dredging will be done in phases. There will be a sufficient time between each phase forany suspended material to settle.

A sediment curtain will be installed where the channel exits into the sea. This willminimize the amount of silt going into the sea.

The use of sheet piles to reduce the erosion rate occurring at the channels and thuseventually reaching the marina.

It is expected that boat movement will create waves in the immediate area which can actto erode the nearby shoreline. There already exists a speed limit on entry to the accesschannel to reduce this effect. This will also be enforced in the marina and the marinaaccess channel.

The shoreline in this area will be protected as the slips will be sited away from land.

2.1.4 Land Use

It is anticipated that the land use for the project site and related surrounding areas will involvethe use of traditional utilization coupled with the growing tourism sector as summarized in thefollowing sections.

2.1.4.1 Land Use of Project Site

The caye, especially the proposed expansion project, will be utilized for tourism related activitiesincluding diving, snorkeling, kayaking and leisurely time with the dolphins. In addition, a host ofother amenities will be offered to the guest and visiting population (See ‘Existing and ProposedLand Use’ in Fig. 2.10).

The existing manatee research program housed at Spanish Lookout Caye is a comprehensive andcollaborative research project which began in October of 1998 with support from Earthwatch

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Institute. Past support of the project commenced with the previous island owner Mr. SidneyTurton, and has continued with the new owners.

The objective of the program was designed to investigate the habitat and behavioral ecology ofthe West Indian manatee (Trichechus manatus manatus) population in the Drowned Caye areas.In general the whole Drowned Caye Range is used by many local tour operators from Belize Cityand northern Belize, as a popular manatee viewing area.

2.1.4.2 Land Use of Surrounding Areas

The area adjacent to the project site consists of cayes that are primarily used as fishing campsand/or are leased or privately own lands. Approximately 10 to 15 local fisherfolk and their ‘staff’utilize the immediate areas of Spanish Lookout Caye for fin-fish fishing and the harvesting ofconch and lobster. There are a few temporary fishermen’s camps on some of the northern cayeswith the inclusion of Raymond Heusner’s camp about half mile north of Spanish Lookout Caye,Banister Caye and Water Caye

Much of the lobster trapping activities take place to the northwest and southeast of the islandwhere lobster “shades” or “Sumbras” are popularly deployed in the waters off the north-easternand north-western side of the island by fishers in the area. The conch fishing areas in theimmediate vicinity of the caye are located in the waters off the west and north-eastern portion ofthe island.

Apart from the use of the areas around Spanish Caye for snorkeling and diving by the DiveConnection operation, the area is also used by other tour operators for snorkeling and scubadiving, as well as for swimming and caye based recreational activities.

The area is also a busy conduit for boats journeying to and from Turneffe and Lighthouse ReefAtolls, as well as other destinations on the main reef such as St. Georges Caye, Goff’s Caye andEnglish Caye.

The English Caye Channel, which is a major sea lane into the Belize Harbour, lies immediatesouth of Goff’s Caye. The area is the most important entry point for merchant ships and cruiseships into the country.

The area immediately northeast of Stake Bank and west of Spanish Bay is utilized by SugarShips. These are serviced by tug boats which haul sugar barges that are berthed at “Ships Bogue”on the leeward side of Gallows Point, about 4 – 5 Nautical Miles (NM) north-west of SpanishBay.

Other immediate areas of interest also lie in the proposed Stake Bank Cruise Ship port (See Fig.1.2) and the North Drowned Caye Development (Grand Ocean View).

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Fig. 2.10 Proposed Land Use Development Scheme

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2.2 Bio-physical Environment

The biophysical environment was divided into two categories which are the flora and fauna ofthe Spanish Lookout caye and the immediate surroundings. These two categories were furthersubdivided into their respective subcategories and described as best by the consultancy team. Themethodology employed by the team included the descriptions of the encounters of both themarine and terrestrial animals as well as the use of known literature (Spanish Bay Resort EIA,Stake Bank EIA and Grand Ocean View EIA) as well as interviews with the local fisher folks ofthe area to corroborate the data collected.

2.2.1 Flora

Rapid biological assessment of the expansion project site was corroborated with the previousenvironmental assessment made for the said project. The flora assessment revealed that thedominant emergent semi-aquatic or inter-tidal tree species were the mangroves, specifically theRed Mangrove (Rhizophora mangle). This was found at the land/water interface on the ‘primary’shoreline around the caye, as well as on the secondary or internal shoreline lining the various‘bogues’ or channels. In regards to the primary shoreline, the Red Mangroves (Rhizophoramangle) dominate the land/water interface in the mixed mangrove zone (See Fig. 2.10 and 2.11).

Both the Black Mangroves (Avicennia germinans) and the White Mangroves (Lagunculariaracemesa) were present in significant numbers in the caye more specifically around them mixedzone (See Fig. 2.10). The Black Mangroves (Avicennia germinans) were much more abundantthan the White Mangrove (Laguncularia racemesa) in most of the mixed zones, with the RedMangroves (Rhizophora mangle) being the most abundant species overall.

Other types of vegetation encountered on the caye included the abundance of Coconut Trees(Cocos nucifera,) that were planted along with various palm trees that were ornamentallyintroduced. In addition, Button Wood (Conocarpus erectus) and the Sea Grape (Cocolobaunivera) were observed colonizing the beach portion of the caye.

On the marine aspect the most dominant marine floral vegetation was the Turtle Grass(Thallassia testudinum) followed by the Manatee Grass (Syringodium filiforme) which werefound in great abundance throughout the near shore waters of the different development sites.Other sub-tidal plant life at the project site also included a number of macro-algal species such asBenthic Green Algae or “Chlorophyta” such as Udotea spp., Halimeda spp., Penicillus spp., andRhipocephalus spp. along with a number of Brown Algae or “Rhodophyta”.

Acreage and Type of Vegetation to be cleared

The proposed expansion project will encompass approximately 26.80 acres. Of the total area(186 acres), 15.89 acres will be removed as part of the expansion phase and will includeprimarily selective mangrove clearing and pruning activities (See ‘Expansion Area’ in Fig. 2.11).This area also takes into consideration the appropriate buffer zones. The land will be cleared toallocate the proposed developments at the different sites. The development will also include aseries of dredging activities designed to obtain fill for land reclamation.

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Fig. 2.11 Proposed Mangrove Clearing for the Expansion Project

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2.2.2 Fauna

Similarly to the flora survey, the faunal survey consisted of a rapid biological assessment inconjunction with the base line data submitted in the first environmental assessment for theproposed Hugh Parkey’s Belize Adventure Island. In so doing the following sections summarizethe faunal survey for the expansion project.

2.2.2.1 Invertebrates

Some of the invertebrates confirmed during the site visit included:

Corals

There are no known coral reef assemblages in the immediate vicinity of the Spanish LookoutCaye. The placement of the burrow pits could impact the already poor state of health of some ofthe more scattered assemblages that are located to the far south of the caye at Paunch Caye. Indiving the area, the zone showed a marked decline in the overall health of the patch reefcompared to the much healthier Mesoamerican Barrier Reef System (MBRS). The corals thatwere prominent among the invertebrate assemblages include the Stag Horn coral (Acroporacervicornis), the Mountainous Star Coral (Montastrea faveolata), the Giant Brain Coral(Colpophyllia natans) and the Lettuce Coral (Agaricia agaricites) as described in Annex X of theSpanish Bay Resort Environmental Impact Assessment.

Other Invertebrates

Other invertebrates observed by the consultancy team included: the Hermit Crab (Paguristespuncticeps), the Fiddler Crab (Uca grapsus), the Coral Crab (Gecarcinus lateralis), the QueenConch (Srtumbus gigas), the Spiny Lobster (Panulirus argus), Giant Anemone (condylactisgigantean), the Octopus (Octopus briareum), and the Sea Star (Oreaster reticularis). This listingis by no means the full extent of the invertebrate populations in the area.

2.2.2.2 Vertebrates

The project site is also inhabited by a great diversity of vertebrates. These included numerousfish species, sea turtles, crocodiles, dolphins, manatees and sea birds as summarized in thefollowing sections below.

Mammals

The two only marine mammals are the West Indian (Trichechus manatus manatus) and theBottlenose Dolphins (Tursiops truncatus). Both of these are frequently found in and around thecaye at times. A number of Manatee surveys over the past 8 – 10 years have indicated that thepopulations are in general healthy. Important nesting and foraging sites include the Hicks Cayearea, the Montego Caye and Frenchman Caye areas, as well as the Gallow’s Point and DrownedCaye areas – the proposed project site being a subset of the latter.

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Anecdotal information has indicated that the bogue dividing the caye in two (2) major parts hassome areas that are ‘resting holes’ or resting sites for the manatee (Sanchez). Another manateeresting area is said to lie a little north of the project site in the immediate lee of Brown’s Caye(Sanchez).

The Bottlenose Dolphin (Tursiops truncatus) has been commonly seen throughout the area of theproposed project site although none were observed in the wild during the qualitative habitatsurvey by the consultants. Captive animals however, can be found in the pen at the North Islanddevelopment.

Reptiles

The only reptiles that are known to inhabit the Spanish Lookout Caye is the American Crocodile(Crocodylus acutus). This reptile is cited as CITES I species (1997 IUCN Red List ofEndangered Species). In Belize the American Crocodile habitat is mangrove swamps on somecayes and brackish coastal lagoons, ponds, rivers, coastal lagoons, and also marshes near sealevel. American Crocodile is known to share the same coastal area as the Morelet’s Crocodile (C.moreletti) which is known to occur more frequently in deep freshwater rivers and lagoons. Rossand Mayer (1993) suggest that hybridization may occur between the two species. There is noknown nesting or burrowing areas for these reptiles on Spanish Lookout Caye.

In considering the amphibians, the most important one to consider is the Sea turtles. Presentlythere are no known nesting beaches for Sea Turtles on Spanish Lookout Caye, the watersurrounding the Caye have been known to be inhabited by all three (3) Sea Turtle species whichare known to inhabit Belize, viz; the Green Turtle (Chelonia midas), the Hawksbill Turtle(Eretmochelys imbricate) and the Loggerhead Turtle (Caretta caretta).

Fish

The fish population in and around the caye were far less than those compared to the previousassessment. Nevertheless, in concordance with the base line data, finfishes were relativelyabundant and ubiquitous throughout the range of habitats in the proposed expansion project areaand these included White Grunt (Haemulon plumieri), the French Grunt (Haemulonflavolineatum), the Spanish Hogfish, the Ballyhoo (Hemiramphus brasiliensis), and the YellowTail Snapper (Ocyurus chrysurus).

Sea Birds

The total list of birds recorded in Belize is now approaching 600 species. Approximately 40%are North American migrants that are present in Belize during migration periods, October toDecember and March through May. Over 80 of the total species are of special conservationconcern, these include nesting sea and shorebirds vulnerable to disturbance and degradation ofquality wetland foraging areas both inland and on the cayes. There are some birds which areconsidered to be Yucatan Endemics such as the Yucatan Flycatcher (Myiarchus yucatensis,Yucatan Jay (Cyanocorax yucatanicus) and the Black Catbird (Melanoptila glairostris) which is

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threathened by habitat loss through the clearance of littoral forest especially on the coastline andcayes in Belize.

Bird Survey methodology

The survey was conducted from a high wooden lookout point overlooking the area to bedeveloped. Standard point count monitoring techniques used to determine baseline informationof the birdlife on the caye. Birding was conducted during peak activity hours of 6:00am to09:00am and from 4:00 to 6:00pm.The investigator used an 8x40 Ranger Eagle Optics binocularto identify the birds.

A small skiff was used to circumnavigate the island and access a channel that lead into thelagoon on the caye. All field observations were cross referenced for distribution and seasonalityusing the Birds of Belize Checklist and field guide produced by H. Lee Jones. The results of thesurvey are described in Table 2.2.

Description of Habitat types on the caye

Spanish Caye is dominated by Red Mangrove (Rhizophora mangle) which is found mainly onthe fringes, with small patches of Black and White mangroves. A shallow lagoon with stuntedRed Mangroves is located near the middle of the caye. The shallow lagoon functions asimportant feeding habitat for various wetland birds such as herons, egrets, stilts, yellowlegs, andwood storks. At the time of the field survey there were no signs that the caye is being used as abreeding site for sensitive and gregarious marine species such as the Red Footed Booby or thebridled terns which have a declining breeding population.

The lagoon appears to an excellent habitat for the American Crocodile (Crocodylus acutus)which was observed during the survey swimming in a stream near the engine room. Thefollowing table below indicates a sample of the birdlife on the caye.

Table 2.2 List of birds identified on Spanish Lookout Caye

Common name Scientific name Habitat Seasonality AbundanceBrown Pelican Pelecanus

occidentalissea resident very

commonNeotropic Cormorant Phalacrorax

brasilianussea resident common

Anhinga Anhinga anhinga lagoon visitor verycommon

MagnificentFrigatebird

Fregatamagnificens

sea resident verycommon

Great Egret Ardea alba lagoon & mangrove visitor uncommonSnowy Egret Egretta thula Lagoon,mangrove visitor uncommonLittle Blue Heron Egretta caerulea Lagoon winter resident commonGreat Blue Heron Ardea herodias lagoon visitor Uncommon

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Common Name Scientific Name Habitat Seasonality AbundanceGreen Heron Butorides

virescensmangroves resident common

White Ibis Eudocimus albus lagoons visitor uncommonWood Stork Mycteria

americanalagoons resident uncommon

Common Blackhawk Buteogallusanthracinus

mangrove resident uncommon

Black Bellied Plover Pluvialissquatarola

beach winter resident uncommon

Spotted Sandpiper Actitis macularia lagoon & beach winter CommonLaughing gull Larus atricilla sea resident very

commonWhite CrownedPigeon

Columbaleucocephala

mangrove seasonalresident only

common

CinnamonHummingbird

Amazilia rutila beach resident common

Green BreastedMango

Anthracothraxprevostii

resident uncommon

Golden FrontedWoodpecker

Melanerpesaurifrons

resident common

Flycatcher Empidomaxspecies

mangrove

Mangrove vireo Vireo pallens mangrove resident uncommonYucatan vireo Vireo magister mangrove resident Very

commonRoyal Tern Sterna maxima beach visitor commonBlack necked Stilt Himantopus

mexcicanuslagoon transient uncommon

Yellow Warbler Dendroicapetechia

mangrove minter migrant common

Magnolia Warbler Dentroicamagnolia

mangrove winter migrant common

Northern Waterthrush Sieurusnoveboracensis

Mangrove winter migrant common

Black and WhiteWarbler

Mniotilta varia mangrove Winter migrant common

Meloduis Blackbird Dives dives Coconut trees resident commonGreat-Tailed Grackle Quiscalus

mexicanusCoconut trees resident common

Greater Yellowlegs Tringamelanoleuca

lagoon transient uncommon

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2.2.3 Conservation Issues

The coastal and marine environments are facing increased pressure due to development. It iswith this notion that the following sections will be developed to address any possible impact thatmight arise from the construction and operational activities.

2.2.3.1 Endangered Species of Special Significance

West Indian Manatee

A number of endangered species have been identified in Belize based on the Red Data Book ofthe International Union for the Conservation of Nature (IUCN). Relevant species in the Projectarea includes the three sea turtles species, the Green Turtle (Chellonia midas), the HawksbillTurtle (Eretmochelys imbricata) and the Loggerhead Turtle (Caretta caretta). Sea Turtles areheavily targeted as a consequence of commercial fishing and their numbers have declinedsignificantly over the last decade.

The West Indian Manatee (Trichechus manatus manatus) has also been listed as endangered bythe U.S. Fish and Wildlife Service and vulnerable to extinction by IUCN. They species is alsoprotected under the CITES Regulations where it has been placed on Appendix I of the ‘SpeciesList’.

In Belize the highest concentration of manatees are located in Southern Lagoon near Gales Point.Manatees are generally found along much of the mainland coast and cayes. They have beendocumented by scientific researches, tour guides and fishermen to frequent the waters of theDrowned Cayes.

Although the manatee stocks in the project area are reported to be fairly robust, there haveincidents of injuries from boat traffic. This is mainly from propeller damage, which in severeinstance have been known to result in mortalities. There have also been reports of manateestranding in the area; these events are rare however.

American Crocodile

On the national front, another species of significance in relation to conservation is the AmericanCrocodile (Crocodilus acutus). A couple fishermen and tour guides have reported the sighting ofa large American crocodile that lives in a shallow lagoon on the caye.

The American Crocodile is protected by the Wildlife Protection Act which precludes thecrocodile from any hunting or collection otherwise. The crocodile is also falls under the CITESRegime on international trade.

Black Catbird

The species of conservation concern is the Black Catbird (Melanoptila glabrirostris), althoughnot identified on Spanish Caye at the time of the survey this species is threatened globally and is

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endemic to scrubby woodlands in the Yucatan Peninsula and Littoral forest on the Belizecoastline and offshore Islands like Caye Caulker and San Pedro. Its main threats are loss ofhabitat for the development of tourist resorts and residential subdivisions. The population ofBlack Catbird on the cayes is highly vulnerable to hurricanes. Belize’s local populations are notsecure and conservation of its habitat is vital. The developer of the caye will conserve 66 feet offorest surrounding the caye, this is a good strategy that will enhance the conservation value ofthe site and also protect the caye from hurricanes.

Sandwich Tern (Sterna sanvicensis)

This species is threatened in Belize but not globally. Lots of important habitat by developmenthas almost reduced this bird as a breeding species in Belize. The bird is common in winter.

Bridled Tern (Sterna anaethetus) and Roseate Tern (Sterna dougallii)

Breeding populations have declined significantly due to unregulated development. There is littleinformation available about these species.

Brown Noody (Anous stolidus)

This species breeding habitat has disappeared in Belize. Feral animals also contributed to itsdecline.

2.2.3.2 Conservation Areas

The Spanish Lookout Caye is just six miles south-east of the Swallow Caye Wildlife Sanctuarywhich was designated in July 2002 specifically for the protection of the West Indian Manatee(Trichechus manatus manatus).

On the other hand, Goff’s Caye, which is to be put under special management by the CoastalZone Management Authority and Institute, lies 5 miles to the south of the project site. Apartfrom the aforementioned areas, the waters off the southeastern shore of the island have beenreported as an important spawning and nursery area for lobsters. This area is to be left in anundisturbed state.

2.2.4 Marine and Coastal Protected Areas

Marine Protected areas declared under the Fisheries Act allow multiple uses under a zonationscheme which typically designates three zones: 1) General use zones, conservation zones andpreservation zones. Belize, marine reserves include terrestrial areas, either as islands or adjacentmainland areas. Management objectives include protection, scientific, research, visitation,education, conservation of marine flora and fauna, natural regeneration of aquatic life,preservation of fish breeding grounds and habitats, and for controlled extractive use (withinspecified zones). Marine reserves area also established to provide protection of habitat utilizedby manatees. The National Parks Systems Act (1981) provides for the creation of protectedareas on National Land, which includes seabed.

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Caye Caulker Forest and Marine Reserve (1998)

The Caye Caulker Forest Reserve, the northernmost 100 acres of the island, was declared in Mayof 1998 and co-management agreement signed between the Forest Department and FAMRACC(Forest and Marine Reserves Association of Caye Caulker) in May 14, 2001. The Caye CaulkerMarine Reserve includes the turtle grass lagoon adjacent to the Caye Caulker Forest Reserve andthe Belize Barrier Reef that runs parallel to the entire Caye, extending approximately a milebeyond the reef. This area has been used for snorkeling, scuba diving and sport fishing for sometime.

The reserves are co-managed by the Forest and Marine Reserves Association of Caye Caulker(FAMRACC), an NGO composed of community representatives formed for this purpose, alongwith the Fisheries Department

Swallow Caye Wildlife Sanctuary (2002)

Swallow Caye Wildlife Sanctuary was signed into legislation on 10th July 2002. It isapproximately 7500 acres of sea and mangrove around the Northern Drowned Cayes andSwallow Caye. The reserve will be co-managed by Friends of Swallow Caye and theDepartment of Natural Resources. Friends of Swallow Caye is a group of representatives fromvarious government agencies and non-government organizations. It was put together to set upand operate the Swallow Caye Wildlife Sanctuary.

Half Moon Caye Natural Monument (1982)

Half Moon Caye Natural Monument (HMCNM) lies in the southeastern part of the atoll andincludes Half Moon Caye. HMCNM encompasses the surrounding reef plus areas of the reefsatoll’s lagoon and deep water outside the atoll. The total protected area is 39.211720 sqkilometers.

2.3 Social Environment

The social assessment is merely an examination of those issues related to project development,and is not intended to change or modify social groups or values of communities or individuals. Itis intended to complement and enhance the execution of the development during all phases ofconstruction and completion of the project. The core concerns of the social assessment areintended to analyze the social issues the proposed expansion project may have on the immediatearea and on the region on a whole.

2.3.1 Social Infrastructure and Services

Education, Health Services

The highest level of infrastructural educational and health service is found in Belize City. Noother nearby facility offers the variety of informal social services in the region except for Caye

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Caulker and San Pedro. The Belize City Development Guidelines recommends that ‘existingresorts should be obliged to offer staff and clients alike, health clinic or ‘para-medical’ services.

Labor and Employment

Tourism and fishery activities are two of the most important economic activities in the region.Temporary/permanent employment in the region within the tourism service sector includesemployment for dive masters, snorkel and tour guides, and service personnel. Traditionally, thearea is used by fishermen and private individuals both for recreation and fishing.

Communication and Services

Communication systems on other cayes in the region are almost non-existent, except for radiocommunication linkages and cellular phone. Major communication systems are available inBelize City.

2.3.2 Traditional User Activities and Tenure

The traditional users of the area remain the same as is the related activities which are primarilyfin fishing, conch and lobster harvesting. Traditional lobster fishermen still place their traps attheir usual place. Lobster trapping and conch diving takes place in the waters to the immediatenortheast and north of the island. Elsewhere in the wider region, a number of other fishermenfrom Belize City, Belmopan, and northern and southern Belize utilize other traditional fishinggrounds.

Some of the fishermen utilizing fishing grounds and traditional spawning areas between ShagCaye and Water Caye east and west of the islands and along the reef include but are not limitedto: Raymond Heusner, Alberto Cherrington, John Castro, Lenny Castro, Victor Foreman,Orlando Requena, George Carr and Mr. Pou.

Foreman’s Caye located just immediately south of Spanish Caye is owned by Victor Foreman.Water Caye, also located immediately south of Spanish Caye and Foreman’s Caye is titled toTradewinds Limited. Pou’s over water cabins and fishing camp is located south east of WaterCaye.

Immediately north of Spanish Caye the small island known as Boring Bogue is said to be leasedto Francis Hecker and Albert Cherrington. Tenure on the Caye immediately north of BoringBogue is leased to Mr. Fred Brown, while the other northern caye, referred to as BannisterBogue is leased and occupied by Mssrs. Melvin Young, John Castro and Leonard Castro.

A fishing camp owned by George Carr and currently rented to another individual is located on asmall caye immediately southwest of Spanish Lookout Caye. Immediately north of GeorgeCarr’s camp is the old remains of John Castro’s fishing camp.

The area immediately south-east of Spanish Lookout Caye is also used by fishermen to obtainbait for their fishing operations. This area is also a good spawning nursery grounds for lobsters.

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Most of the wider region is used by fishermen from the area, as well as by fishermen from BelizeCity, Sarteneja and other northern coastal communities, and Belmopan. No ‘real number data’was gathered to get an indication of real number of users that are not from within the area.

2.3.3 Tourism Activities in the Region

Besides tourist accommodations in Belize City, there are a number of existing tourist resorts andfacilities within the wider coastal region. The Turneffe atoll boasts 3-resort type facility, and amarine research facility at Calabash Caye. The construction of a tourist resort facility,Castaways Reef Resort development is also under construction at Calabash Caye.

On Water Caye a hotel, a hotel and timesharing tourist facilities is in the process of beingconstructed, while on Foreman’s Caye the construction of tourism accommodations on a smallscale is also being considered. There is one other tourism facility being proposed south of WaterCaye.

2.3.4 Tourism Activities in the Area

The following cayes have some tourism related activities.

Brown’s Caye

Brown’s Caye is a privately leased caye located almost immediately north of Spanish LookoutCaye. Current accommodations are warden quarters and a two storey structure. Over time it isenvisaged that ten cabanas accommodations will be constructed.

Current commercial activities include dredge works, transportation of sand and gravel, suppliesand materials to various cayes in the region and ship to shore barging of garbage which is pickedup by Belize Waste Control and taken to the Belize City ‘dump site.’ A dredge barge sits west ofthe island and dredging is done from time to time at or near this same location.

The caye is utilized as a stop over by many local fishermen especially during bad weather.

Foreman’s Caye

Foreman’s Caye is a privately owned island located immediately south of Hugh Parkey’s BelizeAdventure Island (formerly Spanish Caye Resort). Reportedly, Spanish Lookout Caye wasoriginally called Spanish Lookout Caye Range with Forman’s caye originally known as SpanishCaye; how the names of the caye have changed over time has not been explained.

Foreman’s Caye is utilized as the main base for commercial fishing activities. It alsopermanently houses Forman’s family and staff throughout the year. Visiting local groups, GOBand NGOs organizations from time to time utilize the existing facility for various activities.

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Future proposed construction activities on Foreman’s caye include the construction of aboutthree over-water cabanas west of the Caye.

Of note to mention, is that Mr. Foreman is recommending that the area east in front of the cayebe given some protected status.

Water Caye

Water Caye, located immediately east of Spanish Caye had some construction activities slated in2004. The construction activities for Water Caye included the establishment of a hotel complexand beach area, marina and land resources for private residential lots.

Goff’s Caye

Goff’s Caye is a popular recreational, snorkeling and dive site for many locals and tourist alike.More recently, cruise tourism activities have taken up the majority of the uses of the cayemarginalizing the regular local tourism activities. Carrying capacity and the long term ecologicalbalance of the caye have become one of the major concerns of the industry.

In July 2004, an official agreement was signed which gave CZMAI management control of thecaye, and the power to implement new management mechanisms involving the use of the cayeand its surrounding waters.

English Caye

English Caye is also another major tourism attraction for many locals and tourist alike.Recreational day visits and related activities are common on the caye. The area is especiallyunique for picnicking, swimming, snorkeling and diving. Its steal-strengthened lighthouse marksthe route for high sea-going vessels with large depth, accessing the channel into the Belize Cityharbor and to the Port of Belize.

Sergeant's Caye

The tiny Sergeant's Caye, designated after a buyer from that 18th century, is a very small islandalso visited by many local and tourist alike. Over the last four decades the island has seen somemajor erosion and destruction from hurricane and natural elements overtime. The caye is idealfor picnicking and swimming. This little island is located almost directly north of English Cayeand east of Spanish Caye.

2.3.5 Transportation

Sea Traffic

Sea traffic in the area varies. The immediate area is generally used by local fishermen fromnearby fishing camps and a number of illegal fishermen. The general area is also used by tour

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operations, regular boat and water taxi operators to access nearby recreational cayes, fishingareas, diving and snorkeling sites, Turneffe Atoll and other areas east of Spanish Caye.

The area immediately south of Goff’s and English Cayes is used by large cargo boats and cruiseships into the Belizean Port. The area immediately northeast of Stake Bank is utilized by tugboats hauling sugar to be unloaded on to sugar ships. During the off-season the sugar barges arestored near Stake Bank.

The project proponents presently have a subsidiary, Belize Dive Connections that currently ownsfour (4) relatively large boats which include a Trimaran and three (3) uni-hull crafts. The currentfull time staff to support Belize Dive Connections operation is twenty (20).

These include; boat captains, dive masters, deck hands and snorkeling guides. Apart from thesetwenty (20) staff members, there are two full time staff supervisors at the Radisson Marina DiveShop, as well as four (4) technical staff to assist with the general logistics of the operation.

Air

Presently, the caye has an undesignated landing site for helicopters. This area is currently locatedon the East Side development. There are regular flights to the caye which are mostly touristvisiting the Dolphin Encounter Lagoon and other recreational aspects of the caye.

It is anticipated that this transportation means will be upgraded with a proper helipad to cater tosuch activity. More on this issue is described in the subsequent sections of this document.Nevertheless, this means is a great boost to the project and it is anticipated that more air crafts ofthis nature will be able to visit the caye.

2.4 Archeological Environment

In compliance with the Environmental Impact Assessment (EIA) and Terms of Reference forDevelopment of the Spanish Lookout Caye, namely the expansion of the first phase of theSpanish Bay Resort on Spanish Lookout Caye , south-east of Belize City, the authors were askedby the TNCE to conduct an Archaeological Impact Assessment on the Spanish Lookout Caye.The four areas that this development will affected are the North Island, East Side, West Beach,and South Island.

The TNCE firm in the year 2004 conducted an Environmental Impact Assessment for the firstphase of a proposed project for the development of the Spanish Bay Resort at Spanish LookoutCaye situating south-east of Belize City. The first phase was completed and operational (SeePlate 2.4, 2.5 and 2.6). Some of the background information relating to that first phase remainsrelevant to this new development phase and will be re-used in this write-up.

The purpose of the assessment is to identify and document any cultural remains, archaeologicaland or colonial relics and any other features that may be of interest to the Institute ofArchaeology (as defined by the National Institute of Culture and History Act, Chapter 331Revised Edition 2000) and place these in their geographic location in the areas of study.

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The report also offers recommendation/s for the protection and/or mitigation for any suchremains prior to the implementation, and as a result of any civil works during the project. TheArchaeological Assessment and Survey will be conducted with full awareness of and adherenceto the National Institute of Culture and History Act, Chapter 331 Revised Edition 2000.

2.4.1 Project Description

The proposed expansion of the Spanish Bay Resort development is located on Spanish LookoutCaye sometimes referred to as Spanish Lookout Caye. The caye is located approximately 14 km.(8.6 miles) southeast of Belize City (See Fig. 1.2).

The proposed development slated for the Caye is to upgrade and expand the existinginfrastructure to accommodate a rapidly growing clientele. The research and education facility isto be complimented by a recreational tourism aspect of the operation which is to, in principle,sensitize and generate interest among primary and secondary school students throughout theCountry, in regards to marine life and the environment which supports them.

A “marine museum” was built during the first phase and is in full operation (See Plate 2.7). It isenvisioned that the resort and commercial end of the proposed initiative will generate sufficientfunds to assist substantially in sustaining the educational and research components of theoperation.

The recreational aspect of the Spanish Bay operation is currently focused on scuba diving,snorkeling, and kayaking. This aspect of the operation is registered as Belize Dive Connectionand is a well known establishment in the dive-tourism industry. The administrative centre of thisaspect of the program is the Radisson Fort George Marina, from where it has been operatingsince the founding of the operation in 1995.

It has been envisioned that the focus of the Foundation will be to provide educationalopportunities in the marine environment for primary and secondary students in Belize throughclassroom and field trip experiences.

There will also be a focus on marine research activities for scientists and student groups at thecaye. The original Spanish Bay Resort was initially leased a little over a year ago. The Caye hasonly been recently purchased from its previous owners by the proposed project proponents.

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Plate 2.4 Former Development during First Phase

Plate 2.5 Development in Phase 1

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Plate 2.6 Phase 1 showing Development and Channel

Plate 2.7 Marine Museum and Educational Center

2.4.2 Literature Review

Spanish Lookout Caye is geologically a part of the Drowned Caye Range (See Fig. 1.2) and ineffect, forms the southern extreme of the island chain. The caye is also known by a variety of

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other names including “Spanish Caye” and “Spanish Lookout Caye Range”: The latter being theoriginal name of the caye (Victor Foreman, pers. comm.).

Spanish Lookout Caye sits in a rich archipelagic area (See Fig. 1.2) with cayes that have somepresent human tenancy, as well as those that have been abandoned. The nearest isolated body ofland, small islet, lies to the immediate south of the project site. This area is referred to asForeman’s Caye (See Fig. 1.2).

A small un-named caye, which is functionally a part of the Spanish Lookout Caye WetlandSystem, is located at the western entrance of the main mangrove channel or bogue separating thetwo islands which are collectively known as Spanish Caye or Spanish Lookout Caye (See Fig.1.2). This small caye houses a modest present-day fishing camp owned by one, George Carr.

2.4.3 Description of the Area

Spanish Lookout Caye is located approximately 8.6 miles (south-east of Belize City and isapproximately 186 acres in size. The island is an ‘over-wash’ mangle which is low-lying andlargely inundated, and is for all intent basically a wetland area. As mentioned earlier, the caye isa part of the Drowned Caye Range and in effect geologically forms the southern extreme of theisland chain or archipelago. In general, the vegetation on this caye can be classified as a‘Mangrove Range’ or locally known as dwarf mangrove.

This is especially evident and noticeable in the interior of the study area where higher mangrovevegetation flanks the periphery (See Plate 2.8). This portion of the caye is presently notreclaimed, as yet, and is only accessed through a net work of small and shallow cannels thattakes you to the interior of the wetland (See Plate 2.9 and 2.10).

North Island & West Beach ExpansionNorth Island - Detail 1

The North Island, as it is referred to by the developers for orientation purposes, is irregularcrescent shaped being on the northern tip of the Spanish Bay Caye. It comprises mainly of mixedmangrove vegetation. It is surrounded by water that separates it from the main island.

The North Island is the site for new beach villas bearing the positional identification of the island– North Beach Villas. These North Beach Villas will complement the existing Dolphin pens,including a Dolphin Medical pen, a bridge and an observation dock that were erected during thefirst phase of development of the Spanish Bay Resort that was completed in 2004 andoperational.

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Plate 2.8 Short/Dwarf Mangrove Vegetation

Plate 2.9 Close up of canal running through spine of Wetland

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Plate 2.10 Other smaller canals or channels

West Beach Development

The West Beach Development as the name implies will happen along the west side of theSpanish Bay Caye. The west side of the caye is also comprised mainly of Mixed Mangrove withoccasional patches of Dwarf Mangrove toward the interior. The development however, will beconcentrated mainly in the inundated Mixed Mangrove area closer to the shoreline. The proposeddevelopment of the west side will include building of a Research Laboratory/Office, a DolphinHouse, Classrooms, Staff Housing, Cabanas, Hotel Units and a Main Boardwalk. The MainBoardwalk will be erected through the Dwarf Mangrove vegetation.

East Side Expansion

The East Side Expansion will be developed along the eastern and northeastern shore of theSpanish Bay Caye. This area is also comprised of Mixed Mangrove vegetation. Dwarf mangrovehowever, dominates the middle of a large part of the island. This section of the island wastargeted for development during the first phase of the Spanish Bay Resort. Consequent to thatproject there are existing Over Water Cabanas, Dock/infrastructure, and Staff Houses, Generator/Treatment Plant and Walkways and Boardwalk.

The East Side Expansion will be in a cluster in comparison to the North Island and the WestBeach Expansion component of the development project. The east side component, however,already has some existing cabanas that were erected during the first phase of building the

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Spanish Bay Resort. The new expansion project component proposes to erect some Over WaterCabanas along the north east section of the island, Beach Hotel rooms, Marina Town Houses,Hotel, Shops, Beachside Casitas, Water tanks, and other Staff Housing.

South Beach Expansion – Detail 3

The South Beach expansion component does not situate on the south of the island as one wouldthink, but, on the eastern most point on the island. This area is also covered with MixedMangroves vegetation and occasional patches of Dwarf Mangroves toward the interior. TheExpansion project will consist of Island Villas, Town Houses and an Arrival Dock and six othersmaller docks referred to as Stations. This development is designed intricately along a loop witha network of Boardwalks connecting Island Villas, Townhouses and Dock stations.

2.4.4 Methodology

The authors reiterate that this proposed project, the Expansion of the Spanish Bay Resort atSpanish Lookout Caye, situated at Southeast of Belize City, is an expansion or continuation perse, of the first phase that entailed the construction of the Spanish Bay Resort which is nowcompleted and operational.

Prior to the initial implementation or commence of the first phase of the project, the TNCE firmprepared an Archaeological Impact Assessment that complied fully with the National Institute ofCulture and History Act, Chapter 331 of the Laws of Belize, Revised Edition 2000. The purposeof the archaeological assessment was to identify and document any cultural remains,archaeological or colonial relics or features in the area that would be adversely affected by thedevelopment. The conclusion of that archaeological impact assessment cleared the project, whichnow serve as a reference for this expansion project. The components of the second phase are theNorth Island, East Side, West Beach and South Island described above.

Prior to our visit to the Caye, the Institute of Archaeology was visited on numerous occasions tocheck if there were any records, on file, of any archaeological remains or feature on or near thegeneral vicinity of Spanish Bay Caye or Spanish Lookout Caye as it is sometimes referred to. Atthe Institute of Archaeology (IOA), the general registry of sites and master map was firstconsulted thereafter the library for any books, manuscripts, reports or other literature that mayhave any literature (on prehistoric or historic investigation), on or around the general location ofSpanish Bay Caye.

Following the research at the IOA, a field visit was made by the team leader Mr. Jose “Pepe”Garcia, Mr. David McCulloch, the surveyor/cartographer, Mr. Kareem Myvette, Mr. Gentle,wild life researcher, myself and an assistant to conduct in situ research and reconnaissance. Theobjective of the research was twofold: 1) to be appraised of the development that has taken placeon the island and 2) to look for archaeological or colonial remains that may exist on the areaslated for development.

However, due to the nature of the topography and vegetation of the island, consisting of purelymangroves and wetland environment, it was extremely difficult to traverse the areas of concern

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without the use of water vessel; hence we used a boat to access the various channels that crossesthrough the island whereby visually surveying and reconnoitering the wetland area. Since thereare no dry land except for mangrove roots protruding from the water, all efforts of our visualresearch was done from inside the boat and from the lookout tower situated on the alreadyreclaimed and developed portion of the Caye (See Plate 2.11).

As a result of the Island’s physical setting and water logged environment, the researchers werelimited as to the ability to conduct a more intensive archaeological examination. The entire areathat was examined is under water covered by a mangrove range. This area will need a good dealof filled (reclaiming) before it becomes hospitable. During our visit and inspection, however, nofeatures of an archaeological or colonial nature were observed in any of the development areas.

2.4.5 Result of Survey

Result of our research for back ground information for Spanish Bay Caye at the Institute ofArchaeology was none existent. There is no records or reports on prior archaeological works inthe area nor were their visual evidence to suggest any prehistoric settlement or occupation on theisland. Personal communication with personnel of the Institute of Archaeology however,informed that members of the IOA took some photograph of sherds and other artifacts found onthe island during a visit to the Caye in 2002.

Photos of these artifacts, comprising of few badly eroded and pitted spindle whorl, net sinkersand pottery fragments, were studied. The fact that there are no accompanying report with thebadly eroded artifact, coupled with the environment observed during the site visit, led me tobelieve that these artifacts may have appeared through secondary deposits.

One should consider, however, that given the physical formation/creation of the island (throughland reclamation and fill), that it would not be surprising that broken pottery sherds along withnumerous other things were dug and taken to the island as fill and now appears as secondarydeposits.

As mentioned before the only means of traversing the study area of the caye was by means of aboat which we had no choice but to use in order to see the interior. Most accessible channels andarteries in the island’s interior were navigated to see if perhaps there would be any trace of land –needless to say any remnants of archaeological remains or feature of prehistoric or historicoccupation. The researchers did not find any evidence of pre-historic or historic settlement oroccupation in the area of study.

2.4.6 Recommendation

Even though our reconnaissance and visual survey did not yield the presence of anyarchaeological remains or features, this does not rule out the existence of any archaeologicalremains lodged in or submerged in the waters of the coastal zones of the caye. It has beenknown and documented in the archaeological records that small coastal island (including thecoast lines of Belize) have, over the millenniums, been inundated as a result of rising sea level.

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Reports have indicated that many small coastal trade posts, salt making and fishing communitieson the coast line of Belize are now under water and Archaeologist are just now retrieving manywater logged artifacts lodge in the silt of the sea bed.

Plate 2.11 Panoramic View of Developed and Undeveloped Areas

Just a few years ago in 2004, in a similar environment in southern Belize, Archaeologist Dr.Heather McKillop (McKillop 2004,2005) found a water-logged artifact in the form of a woodenpaddle from a submerged salt manufacturing facility once occupied by the ancient Maya in thePaynes Creek National Reserve.

Given this scenario, the frequent occupation of islands and maritime activities and trade by theancient Maya, it is quite possible that there could be many (more) artifacts and ancient remainshidden in the bottom of the sea. It is therefore prudent to request that caution must be taken whendredging to do land fill or excavating canals.

Should any artifacts or portion of artifacts show up in the fill, operations should stop and theInstitute of Archaeology must be informed so that the appropriate measures could be arranged.

Since the proposed area of impact for development is presently submerged and has to bedredged, extreme caution must be taken when gathering primary or source material as these maycontain archaeological pieces which would be dumped elsewhere and perhaps creating more andcurious archaeological questions. Again, if this should occurs, the Institute of Archaeology,being the authority, must be informed for appropriate action and guidance.

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2.5 Legal and Policy Setting

The following sections summarize the legal proceedings binding the expansion of the proposedHugh Parkey’s Belize Adventure Island.

2.5.1 Environmental Protection Legislation

Current national environmental policies are based on the need to take an integrated approach toenvironmental management and the need to work towards the goal of sustainable development.The Government of Belize through the Department of Environment, Coastal Zone ManagementAuthority and Institute, the Department of Fisheries, Forestry Department and the othergovernment institutions are the regulatory bodies of the various instruments.

Of importance to the proposed development is the need to identify those regulations andlegislations which will need compliance for development activities in respect to the area andregion of the proposed development. In light of the fact that the area and region of the proposeddevelopment is within an area of significant importance in terms of its tourism and ecologicalimportance and proposed planning regime, it is also important that development activities strikea balance between development and the environment.

This section is aimed at reviewing relevant environmental resource and planning legislations andregulations to ensure that “development project” meets policy and legislative criteria, and thatrelevant requirements are built into project design and implementation. The policy review alsooutlines specific procedures and measures to be carried out before, during and after projectdevelopment

2.5.1.1 The Environmental Protection Act SI 22/1992 and 328/2003

THE ENVIRONMENTAL PROTECTION ACT established the Department of the Environment. Undersection 3 (3) the Department has the responsibility to monitor the implementation of the Act andRegulations, and to take necessary actions to enforce the provisions of the Act and Regulations.This enabling legislation provides the Government and the Department with the comprehensiveenvironmental protection authority it needs in order to address modern environmental pollutionproblems. The ACT also grants the Department of Environment broad regulatory andenforcement authority for the prevention and control of environmental pollution, conservationand management of natural resources, and environmental impact assessment (EIA).

The Environmental Protection Act entrusted the Department of the Environment with a broadrange of functions relating, but not limited to, the assessment of water pollution, the coordinationof activities relating to the discharge of wastes, the licensing of activities that may cause waterpollution, the registration of sources of pollution and the carrying out of research andinvestigations as to the causes, nature and extent of water pollution, and the necessary preventionand control measures (section 5). The Department is also empowered to approve EIAs.

Under the revised edition 2000 Part III 7 (1) (d) specifying the standards in excess of whichpollutants discharged into the environment shall not be discharged or emitted; (e) formulating

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environmental codes of practices specifying procedures, practices or releases limits forenvironmental control relating to works, undertakings and activities during any phase of thedevelopment and operation, including the location, design, construction, start-up, closure,dismantling and clean-up phases and any subsequent monitoring activities and (f) environmentalquality guidelines specifying recommendations in quantitative or qualitative terms to support andmaintain particular uses of the environment and (j) the control of noise.

Under the Act, no person, installation, factory or plant shall, unless specifically permitted by theDepartment, emit, deposit or discharge or cause emission of any pollutant or contaminant intothe atmosphere or environment in contravention of the permitted levels. Every person,installation, factory or plant emitting air pollutants is required to maintain and submit to theDepartment, records of the type, composition and quantity of pollutants emitted.

Schedule II (Regulation 8) of the 2003 revised edition specifies projects which may require anenvironmental impact assessment or environmental impact study depending on the location andsize of the project. These include but are not limited to coastal land reclamation involving anarea of more than 10 acres; resort and recreational development in terms of construction ofcoastal resort facilities or hotels and development of tourist or recreational facilities on smallislands; and infrastructure projects such as yacht marinas.

No person shall cause or permit the extracting, crushing, screening, handling or conveyance ofmaterials or other operations likely to give rise to airborne dust without taking reasonableprecautions, by means of spray bars or wetting agents, to prevent particulate matter formbecoming airborne.

Furthermore any person or undertaking exploiting the land, water resources, seas or other naturalresources shall ensure the protection of the environment against unnecessary damage or frompollution by harmful substances; and no person shall emit, import, discharge, deposit, dispose ofor dump any waste that might directly or indirectly pollute water resources or damage or destroymarine life.

2.5.1.2 Environmental Impact Assessment Regulations SI 107/1995 and 25/2007

The Environmental Impact Assessment (1995) regulations describe in detail the processesinvolved in the preparation and evaluation of environmental impact assessments. Theregulations divide projects or activities into three categories. The first category consists of thoseprojects that automatically require an environmental assessment based on the sensitivity of thesurroundings or the nature of the undertaking.

The second category comprises those projects that may require an assessment to be carried out,but with some modifications based on the location and size of a project. The third categoryencompasses activities or programs that do not require an assessment to be conducted which maynot have significant impacts on the environment. In March of 2007, amendments to theregulations were published in which by each category or schedule would carry an application andprocessing fee. In addition, an environmental clearance (schedule III) fee was also institutedwhich should generate considerable income for the Department.

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The Environmental Impact Assessment Part V - 20 (4) states that every project, program oractivity shall be assessed with a view to the need to protect and improve human health and livingconditions and the need to preserve the reproductive capacity of ecosystems as well as thediversity of species. Under 20 (5) when making an environmental impact assessment, a proposeddeveloper shall consult with public and other interested bodies or organizations and under 20 (7)a decision by the DOE to approve an environmental impact assessment may be subjected toconditions which are reasonably required for environmental purposes.

2.5.1.3 Effluent Limitation Regulations SI 94/1995

THE ENVIRONMENTAL PROTECTION EFFLUENT LIMITATION REGULATIONS came into force in1996, at which time the Department of the Environment commenced enforcing the Regulations.The Regulations are intended to control and monitor discharges of effluent into any inland watersor the marine environment of Belize.

2.5.1.4 Pollution Regulations SI 56/1996

The Pollution Regulations of 1996 addresses issues of air, water and soil pollution, includingnoise pollution. Part III – 6 (1) deals generally with the emission of contaminants into the airwhere no person shall cause, allow or permit contaminants to be emitted or discharged eitherdirectly or indirectly into the air from any source.

Part X 31 (c & d) deals with pollution of land generally that could be harmful, or potentiallyharmful to animals, birds, wildlife, plants or vegetation. The Department of Environment isresponsible for the enforcement of the Pollution Regulations Act.

2.5.2 Coastal Zone Management Strategy Chap. 329 2000 Revised Edition

The Coastal Zone Management was legally established in 1998 with the passage of the CoastalZone Management Authority Act (Act # 5 of 1998). Under section 5 (1), the main functions ofthe Authority include (i) to advise Government on matters related to development and use ofresources in the coastal zone in an orderly and sustainable manner; (ii) formulation of policies oncoastal zone management; (iii) development of a coastal zone management plan and revise it asneeded; (iv) commission monitoring and research of coastal areas (v) promote public awarenessand; (vi) prepare guidelines for developers.

The Coastal Zone Management Strategy seeks to facilitate improved management of coastalresources, to ensure economic growth is balanced with sound environmental managementpractices. The Strategy seeks to review and ‘enhance existing laws, regulations, ‘policies’ andguidelines relating to conservation, resource management and development controls in thecoastal zone area.’

These support a coastal area management framework that addresses the need for managementapproaches in location between, as well as within, Coastal and Marine Protected Areas, and

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special requirements for management development and conservation in the barrier reef region,particularly the cayes.

2.5.3 Cayes Development Policy – CZMIA/Fisheries Department 1995

The Cayes Development Policy has served to consolidate existing legislations, and to promulgateregulations and guidelines applicable to the development and sustainable management of all thecayes within the coastal zone of Belize. The Policy calls for a detailed planning system to controlthe use of land, and water development to cover the entire coastal zone. The policy alsodemarcates/recommends zones and a system of assigning development codes for the cayes.

The main thrust of the document is to articulate the type of actions and initiatives that must beundertaken by all the various stakeholders in order to ensure sustainable use and long-termprotection of natural and cultural resources and development within the coastal planning regions.The policy addresses such areas as caye ownership, protected areas management, land useplanning and development control, extraction of materials, infrastructure and transport, shippingand the use of marine vessels, waste disposal and fuel storage, fiscal incentives to encourageresponsible practices and incorporation of actions within the national strategic planningframework.

2.5.4 Solid Waste Management Authority Act SI 224 of 2003

Under the Act, the Authority shall devise ways and means for the efficient collection anddisposal of solid waste employing modern methods and techniques and exploring the possibilityof recycling waste materials. Under the Act “construction waste material” includes buildingmaterials from construction, alteration and remodeling building or structure of any kind, such aslumber, concrete, steel roofing, etc. SI 13/1991 established the Solid Waste ManagementAuthority and gave it broad powers for the collection and disposal of solid waste.

2.5.5 National Institute of Culture and History 330/2000

Under section (4) of the Ancient Monuments and Antiquities Act, all ancient monuments andantiquities however situate, whether upon any land or in any river, stream or watercourse, orunder territorial waters of the country, and whether or not before the date of the commencementof this Act in private ownership, possession, custody or control, shall absolutely vest in theGovernment.

Under section (12), if any person finds any ancient monument or antiquity he shall withinfourteen days of such findings report the details of the findings to the Minister.

2.5.6 Belize Water Industry Act No. 1 of 2001

The Water Industry Act repeals the Water and Sewerage Act, Chapter 185 of 1971 Laws ofBelize. Chapter one of the Act deals with controlling disposal of wastes generated from sewertreatment. The Act makes new provisions with respect to the supply and control of water andsewerage services in Belize.

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The Water Industry Act also establishes the responsibility of private entities to provide facilitiesfor the final disposal of sewerage taking into consideration Chapter 36 of the EnvironmentalProtection Act 1 of 2001.

2.5.7 Belize Public Health Act Revised Edition SI 40/2000

Under Part VIII of Offensive Trades 128 (1) b the Minister can make regulations relating tonuisances for the prevention, control or reduction of pollution or contamination of air, soil orwater caused by any activity or condition resulting in the emission of a pollutant or contaminantinto the environment. The Act also specifies restrictions and regulations for nuisances fromfactories or other industrial developments, and incidental provisions relating to offensivebusinesses.

2.5.8 National Lands Act (No. 6 of 1992) and SI 191 of 2000

The Act is designed to establish a framework for the management of national lands. The Actapplies to all lands (other than Reserved Forest) not already "located" or granted, including anylands acquired by or ceded to the Crown. They are classified as town, suburban, rural, minerallands and beach lands.

In Section 28, where the sea, or any sound, bay or creek is described as forming part of theboundary of any national land to be granted or disposed of, then high water mark shall beconsidered to be the property boundary. Under the Act, the seabed defined as the land extendingseawards from the high water mark of ordinary tides, is National Land owned by theGovernment of Belize under the authority of the National Lands Act.

2.5.9 Crown Land Rules SI 60 of 1939

Under Crown Land Rules (Statutory Rules and Orders 66 of 1939), a 66 ft wide strip of landalong all water frontages, measured from high water mark, is designated as public easement, butlands titles prior to 1930 included the land to the high water mark and in some cases, below thehigh water mark.

2.5.10 Mines and Minerals Act Chap. 226 of 2000

The Mines and Minerals (General) Regulations provide a general framework for theimplementation of the Mines and Minerals Act. These Regulations cover a range of topics suchas application, duties, terms and conditions and failure to comply with the conditions of a mininglicense. Under the Act “land” includes land beneath water. The Act also addresses dredgingand sand mining, which is essential in avoiding destruction to coastal habitats such as seagrassbeds and the coral reef.

2.5.11 Forests (Mangrove Protection) Regulations, SI No. 52 of 1989

The Forests (Protection of Mangrove) Regulations, 1989, prohibit any "alteration” (whichincludes cutting and defoliating, but does not include "selective trimming") of mangroves on any

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land except with a permit (reg. 4). Alterations which involve dredging or filling can beauthorized only in "exceptional circumstances."

Factors considered for issuing or denying permits include the proximity of the proposed projectto coastal and reef areas known to be of outstandingly high ecological value (reg. 5(2) (i)), andthe existing or proposed plans such as the barrier reef regional management and developmentplan. The Mangrove Regulations were amended in 1992 to increase the level of fines andsanctions.

2.5.12 The Forest Act SI 213/2000

The protection of all mangroves fall under this Act via the Forest (Protection of Mangrove)Regulations. Mangrove clearance may be permitted under this Act. In most cases a permit toclear mangroves is issued after a multi-agency assessment is conducted. This Act includes theestablishment of Forest Reserves which may include mangroves, littoral forests and waterbodies. However, no specific regulations exist under this Act that address littoral forests. TheForest Act is currently being revised.

The legislative basis for conservation of national lands is defined by the Forest and WildlifeConservation Acts. The Forest Act provides for the protection and conservation of all mangroveforests on both private and national lands, any alterations to which require evaluation and permitby the Forestry Department.

2.5.13 Belize Tourist Board Act SI 275 of 2000

The Belize Tourist Board Act establishes the Belize Tourist Board with wide responsibilities forthe promotion of tourism in Belize. Apart from being charged with the development of thetourism industry, the Belize Tourist Board also has the responsibility to foster understandingwithin Belize of the importance of environmental protection and pollution control and theconservation of natural resources. The 2003 revised edition contains specific regulations relatingto requirements and licenses, etc., of tour guides, tour operators, and local water passengers andwater sport vessels.

2.5.14 Hotels and Tourist Accommodation Act SI 285/2000

Under Part II (2) an application for registration in respect of any premises used for the businessof a hotel or tourist accommodation should be carried out. Part III (14) defines the minimumstandards to be observed by hotel and tourist accommodation. Part III of the Act definesregistration and Regulations of Hotels and Tourist Accommodations. Under the Act the BelizeTourism Board has the responsibility of registering all hotel and tourist accommodation inBelize.

Subject to the provisions of the Act, Part IV (22 91)) states that “there shall be levied and paid atax at the rate of seven per centum of all the accommodation charges in regards to lodging.” PartV General, sets out Offences and penalties and regulations prescribing standards for hotels and

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tourist accommodation. The Hotels Act and the Housing and Town Planning Act complementeach other, since they both address tourism and residential developments in coastal areas.

2.5.15 Protected Areas Conservation Trust Act (PACT) Chap. 218/2000

The Protected Areas Conservation Trust Act (PACT) establishes a fund for the financing of allprotected areas, including marine reserves and all other protected areas on the coast. Indirectlyrelated is the Fiscal Incentives Act, which provides numerous facilities for coastal developments.A portion of the fees collected at the border points is used to finance local community basedinitiatives.

2.5.16 Customs and Excise Duties Act Revised Edition SI 48 of 2000

Part II Customs and Excise Duties 3.-(1) addresses any exemption or rebates provided by orunder the authority of the Act; that there shall be raised, levied, collected and paid for the use ofthe Government, the customs duties, in respect of goods imported into Belize, or taken out ofbond for consumption in Belize, at the rates set out in the First Schedule of the Act.

Under PART V 35.-(1) the Minister may make regulations for the licensing and establishment ofinwards duty free shops and for all matters connected therewith. Under (2) without prejudice tothe generality of the foregoing, the Minister may make regulations for any or all of the followingmatters:

(a) The fees and other charges that may be payable by the operators of such shops;

(b) The type of goods to be sold in such shops;

(c) The category of persons who may purchase goods from such shops;

(d) The maximum value of purchases which may be made by persons from such shops;

(e) The currency to be used in purchasing such goods;

(f) The areas where such shops may be established;

(g) The maintenance and inspection of records relevant to the storage, sales and receipts ofgoods;

(h) Any other matters for which it may be deemed expedient to make regulations.

2.5.17 Civil Aviation Act Chapter 239/2000

This act empowers the Civil Aviation Authority to grant licenses for the construction andoperation of aerodromes and runways or helipads for the use of commercial and recreationalpurposes. In addition, this is the governing body in charge with all aspects of air transportation inBelize.

2.5.18 International Conventions and Agreements

Belize is signatory or party to many international conventions and agreements, and is a memberof many regional organizations involved in the management and protection of biologicalresources. Those that impact on biodiversity are listed below.

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(a) United Nations Law of the Sea Convention (LOSC) (ratified 13 August, 1983).

(b) World Heritage Convention (ratified in 1990).

(c) Convention on the International Trade in Endangered Species of Wild Fauna and Flora(CITES) (ratified 1976).

(d) Convention on Biological Diversity (CBD) (ratified in December, 1993).

(e) Central American Biodiversity Convention.

(f) Convention for the Conservation of Biodiveristy and the Protection of Priority Areas inCentral America.

(g) Agreement on Cooperation between Belize and Mexico for the Protection and theImprovement of the Environment and the Conservation of Natural Resources in the Border Zone(signed 20 September, 1991).

(h) Protocol on Specially Protected Wildlife (SPAW Protocol)

(I) Land-Based Sources of Pollution Protocol (LBSP).

(j) United Nations Framework Convention on Climate Change (ratified September, 1994).

(k) Convention for the Prevention of Pollution from Ships (MARPOL 73/78) (ratified 12 May,

1995).

(l) International Convention for the Regulation of Whaling (signed 1982).

(m) Agreement for the Implementation of the Provisions of the United Nations Convention onthe Law of the Sea of 1982 relating to the Conservation and Management of Straddling FishStocks and Highly Migratory Fish Stocks (signed 1995).

(n) Convention on the Prohibition of the Development, Production and Stockpiling ofBacteriological (Biological) Toxins and their Destruction (signed 1980).

(o) Western Central Atlantic Fisheries Commission (WECAFC) (1985).

(p) Latin American Organization for Fisheries Development (OLDEPESCA) (1997).

(q) Convention for the Protection and Development of the Marine Environment of the WiderCaribbean Region (The Cartagena Convention).

(r) The Convention on Wetlands of International Importance Especially as Waterfowl Habitats(RAMSAR) (Signed 1971).

(s) International Dolphin Conservation Program (IDCP).

(t) International Commission for the Conservation of Atlantic Tunas (ICCAT)

(u) Inter-American Convention for the Conservation and Protection of Marine Turtles

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Table 2.3 Licenses and Permits required by the Development

Activity License or Permit required Permitting AgencyPier Construction Permit to construct pier, marina (or

sea wall)Land Utilization Authority

Land Clearing Permit to alter mangrove required Forest DepartmentHelipad Operation Landing Permit for Helicopters Civil Aviation DepartmentDredging and Quarry Mining license and permit for

extraction of materialsGeology and Petroleum Dept.

Hotel License Establishment and operation of hoteland prescribing conditions

Belize Tourism Board

Tour Operation License to conduct offshore andinland tours and fishing trip

Belize Tourism Board, Dept.of Fisheries

Food Handler’sCertificate

Handling of food certificate forpersons working in restaurants andkitchens

Public Health Dept.

Effluent Discharge Effluent Discharge of gray water andeffluent from waste treatment plant

Dept. of Environment

Archeological Finds Cessation order for archeologicalfinds

National Institute of Cultureand History