Managing problem Alien Invasive Species
Modern global travel is essential to Bermuda’s economic survival but it also makes the island increasingly vulnerable to the introduction and proliferation of invasive alien species (pests) that can and do have a negative impact on the island’s environment, economy, human health, and social fabric.
The purpose of the Invasive Alien Species Act 2021 is to improve the island’s biosecurity by allowing for the assessment and listing of a pest species to the corresponding level of actions needed to minimize its impacts.
The Act will (a) prevent the introduction of new invasive alien species, and (b) create controls to prevent the spread of any such species that have or do become established.
What are invasive species?
Invasive alien species (IAS) are plants, animals, pathogens and other organisms that are non-native to an ecosystem, and which may cause economic or environmental harm or adversely affect human health. In particular, they negatively impact local ecosystems and ecosystem functions through competition, predation, or transmission of pathogens. Often the best indicator for invasiveness is if a species is known as invasive elsewhere.
As an example of the range of challenges the island faces, in May 2018 Bermuda participated in the UK Overseas Territories Biosecurity Gap Analysis– Horizon Scanning Project and a follow up Bermuda-specific workshop in March 2019. The workshop compiled a list of some 148 pest species impacting the Caribbean region, but not yet present on all of the Overseas Territories. Each territory was asked to review this against potential biodiversity, health and economic impacts. In so doing Bermuda gained a better understanding of what species it should be watchful for. These included:
- reptiles e.g. snakes, mourning gecko and the green iguana;
- small mammals e.g. the mongoose, weasel, stoat, raccoons;
- terrestrial invertebrates e.g. Giant African Land Snail, fire ant, yellow crazy ant, Africanized honey bee, scorpions , Tarantula and Black Widow spiders;
- Fish and fresh water invertebrates (e.g. Piranha, Asian Green Mussel); and
- plants e.g. Leatherleaf, Giant Sensitive Tree.
It is also recognized that Bermuda already has problem pest species that need to be better controlled. Some efforts are already underway to manage these species but they are largely voluntary in nature and the good work being done can easily be undone as there is limited legislation in place to control the breeding, selling and release of pests into the environment. Species of note include plants such as Casuarina, Beach Naupaka, Pothos Vine and Umbrella Tree which are still sold commercially. As well as animals such as the Red Eared Slider Terrapin and the Lionfish which are both still popular in the pet trade.
Vermin and feral domestic animals have not been included in the proposed legislation at this juncture. Vermin are already managed under the Public Health Act 1949 and domestic animals that have gone feral could be better managed under the Care and Protection of Animals Act 1975.
Recognizing the need to better manage pests for the health of Bermuda, today and in the future, the Honourable Walter Roban JP, MP, Minister of Home Affairs presents the draft bill called the “Invasive Alien Species Act 2021” for public consultation.
Phases
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Proposed details of the Invasive Aliens Species Act are as follows:
The Invasive Alien Species Act 2021 will provide:
- Powers to list problem species as either Prohibited or Restricted invasive alien species. There will be two categories of restricted species, Category A which is more restrictive in terms of human interaction with the named species and Category B which is less restrictive. The Act will allow species to be added, removed or have their classification modified.
- Requirements to assess species. All new species not already existing in Bermuda will need to be approved entry and the application process will include a Bio-Risk Assessment to establish the level of risk for the importation of a species. These assessments will be undertaken and submitted on behalf of the applicant by an approved agent to ensure the provision of accurate information. Applications will be reviewed by the Director in consultation with technical officers, in respect to ecosystem, agriculture, horticulture and fisheries related matters and the Ministry of Health for human health related matters.
- A permit and licensing system which will set conditions for human interaction with Restricted Species including the keeping of records.
- Controlling problems. The Act will require the preparation of management plans to control issues arising from invasive species. Of note is the provision for the Minister to enter into an agreement with a landowner to assist with the control of an invasive species and in extraordinary circumstances, where compliance is not given, to apply to the Supreme Court for an Order.
- Enforcement powers to investigate, to seize and destroy prohibited species and seize restricted species as well as requirements to assist with an investigation.
- Penalties. Offenses will include improper importation, release, breeding and propagation, and selling of a prohibited species or restricted species; as well as false and misleading information. Upon summary conviction penalties would range from fifty thousand dollars ($50,000) and two (2) years imprisonment for the most egregious offenses to fifteen thousand dollars ($15,000) and six (6) months imprisonment for offenses such as obstruction and provision of false and misleading information.
- Appeals. An appeal process whereby a person aggrieved by a decision of the Director can apply for review to the Minister. In circumstances where an appeal is made against the Minister’s decision provision for an appeal to the Supreme Court with the decision of the court being final.
- Provision for amnesties. The Act will give powers to the Minister to call ad hoc amnesties to encourage persons to relinquish prohibited or restricted species in advance of an enforcement action.
- Exemptions. Under very specific circumstances that include assessments, powers to give exemptions for the Bermuda Aquarium Museum and Zoo, and temporary permissions for scientific research, public exhibition and entertainment.
- Powers to make regulations via the negative resolution process for processes such as issuing permits and licenses, bio-risk assessments, approval of agents and retention of information.
- A transitional period of six (6) months to accommodate any already commenced importations.
Proposed details of the schedules and the listed species are as follows:
The Act provides for powers to list problem species in three (3) schedules.
- Schedule One is a list of Prohibited Species that are not established in Bermuda but are known pests in other jurisdictions with similar climates e.g. snakes. It is proposed that it will be illegal to import, possess, trade and sell viable (live) specimens of such species.
- Schedule Two is a list of Category A Restricted Species that are established and proven to be problematic to Bermuda for various reasons including adverse impacts to the island’s ecosystem, economy and human health e.g. Lionfish and Brazil Pepper. It is proposed that it will not be illegal to possess such species. However it will be illegal to import, cultivate or breed and sell without a permit.
- Schedule Three is a list of Category B Restricted Species that are established in Bermuda in low densities and are currently having little negative impact. These could, however, have a higher impact if additional members were introduced, or the established species were exposed to overseas populations with immunities and parasites currently not in our ecosystem e.g. exposure to the Agave Snout Weevil . This schedule includes non-native host plants of invasive invertebrates identified in the Caribbean Horizon Scanning Workshop. It is proposed that it will not be illegal to possess or even reproduce such species. However it will be illegal to import and sell without a permit.
The current schedules have been drafted to include species identified by the Department of Environment and Natural Resources during consultation with technical officers and from existing policies including the Importation of Animals Policy 2019, the Illustrated Guide for Bermuda’s Indigenous and Invasive Plants 2016 and from the outcomes of the UK Overseas Territories Biosecurity Gap Analysis– Horizon Scanning Project 2018.
Request for public comment on the draft Bill and Schedules.
The Government wishes to obtain comment from the public by commencing a one month public consultation on the proposed Bill and the species nominated to be either Prohibited or Restricted (A) or (B). The Bill and attending schedules are now available for public scrutiny and comment.
The public is asked to share their general comments and ideas on the proposed Act. We welcome responses to the following focused areas.
Are there any species that should be removed or re-assigned from the schedules and why?
Are there any species that should be added, to which schedule and why?
Can the process for licensing and permitting be improved in any way?
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