‘Unacceptably low’
Despite croc killings, only 12 persons taken to court for wildlife protection breaches in 4 years
Published:Sunday | May 12, 2024 | 12:10 AMCorey Robinson - Senior Staff Reporter
Only 12 persons have been brought before the courts for breaches of the Wildlife Protection Act in the last four years – an unacceptably low number, according to wildlife experts who have cited the decimation of the crocodile population as one example of the havoc individuals have caused.
Crocodiles are currently estimated at fewer than 1,000 animals islandwide.
Most of those crocodiles are considered babies or hatchlings, with as little as 200 to 400 mature crocodiles living in Jamaica’s wetlands, swamps and other waterways, according to data provided by the National Environment and Planning Agency (NEPA). Yet, poaching, particularly for crocodile meat, continues to be a major issue.
“NEPA tries, but it is under resourced. Jamaica is not straightforward; there are a lot of nooks and crannies. There are little habitats all over the place,” charged Lawrence Henriques, head of the Holland Crocodile Sanctuary in deep rural St Thomas.
“You can’t get in there and see what’s going on half of the time, and so you don’t know. But the animals get killed; I’ve found four at one time... . When I went there, all I saw were two large animals, about eight feet, missing their back legs and their tails, and two small animals missing their tails,” said the crocodile lover with remorse.
“These people are not killing the crocodiles and storing the meat in a refrigerator. They know the police could come and knock on their doors. So it seems they operate by order, and, within one or two days, they catch the crocodile, sell the meat, and it is gone.”
Crocodile endangerment
Statisticians at the Court Administration Division (CAD) said the records do not say whether the 12 persons who faced the courts were for crocodile endangerment. However, “one charge mentions a reptile, while all other charges mention fish and or other animals or birds.”
The timeline covers from 2021 to the first three months of this year.
Of the 12 persons arrested, “five are active before the courts, five charges resulted in convictions (guilty pleas) and two persons were acquitted (not guilty),” explained the state body which keeps records of Jamaica’s judicial matters.
St Thomas, St Catherine, St Elizabeth, and Westmoreland are among the parishes cited as notorious for crocodile poaching and the destruction of the animals’ swamps and wetland habitats for meat – considered a delicacy in some underground circles – and to make way for farming and real estate developments.
“When it comes to enforcing the Wildlife Protection Act, particularly crocodiles, it is a challenge. In a lot of cases, it is hard to identify the people who commit the crime, it is hard to investigate, carry them to court and then sentence them. Every single step has been a challenge with all the cases that we have come across,” offered Wildlife Conservation Biologist Treya Picking.
She said that, oftentimes videos will pop up on social media depicting crocodiles being harmed but investigating such cases is difficult due to a lack of resources. There are other cases where citizens will leave anonymous tips, she said, which still amount to nothing as the evidence is not sufficient to take to court.
Illegal hunting
“Efforts to tackle these challenges have been ongoing and progress has been made over time. Curbing the illegal hunting of crocodiles can be achieved through building national pride and appreciation towards the animals. This will require more outreach and public education activities, frequent monitoring of habitats, alternative livelihood programmes and stronger enforcement of the Wildlife Protection Act,” she said.
Superintendent Allison Byfield, commander of the St Thomas Police Division, said that, to her memory, nobody has been taken into custody for breaches of the Wildlife Protection Act specifically for the harming of crocodiles.
She also noted the challenges faced by law enforcement in policing areas where such acts are reportedly carried out. Many times the poaching is done in very remote parts of the parish, far away from major roads, and are not easily accessed by police vehicles.
“I got a report about two weeks ago of a crocodile being captured in Yallahs. The police went into the space and had it released. However, no one was seen, and we couldn’t say who captured the animal,” said Byfield. “Often animals are seen in their habitats, certain sections of Bowden, for example, but we have not caught any person who might have harmed any.
“Outside of that, we warn residents not to enter their habitats. If they are in your space you call the police and we will have the relevant authorities take them. But do not try to lure them out of their habitats and try to harm them.”
Along with her warning, Byfield reiterated the criminal penalties that could come from destroying the country’s wildlife.
Deputy Superintendent Winston Milton, head of the Trelawny Police Division, offered similar sentiments on Friday. He said he has had no reports involving breaches of the Wildlife Protection Act, particularly with regard to endangerment of crocodiles in his area of jurisdiction.
“There is no indication currently that that is taking place in the parish. I know that from time to time these reptiles will venture out into public space and are sighted by citizens, but usually we get in touch with NEPA when we have had issues with them. Neither am I aware of any poaching involving crocodiles taking place in the parish,” offered Milton.
The CAD could not immediately speak to the locations at which the 12 cases involving breaches of the Wildlife Protection Act in recent years took place.
Jamaica is home to one species of crocodile, the American crocodile ( Crocodylus acutus), found mainly along the south coast and in sections of Hanover and Trelawny. Since 1971, crocodiles have been classified as an endangered protected species in Jamaica.
Under Section 6 of the Wildlife Protection Act, it is considered an offence to hunt them or to have in one’s possession any part of the animals or their eggs. Under Section 20 of the law, harming or hunting the reptiles can result in fines of up to $100,000 or 12 months in prison.
Lack of willingness
of witnesses
Responding to queries from The Sunday Gleaner, NEPA last week attributed the low number of persons brought before the court to a lack of provision of appropriate evidence that is acceptable by the courts in line with the Evidence Act, a lack of willingness of witnesses to provide evidence, and an overall lack of participation by citizens in the protection of wildlife in Jamaica.
“There are no willing witnesses, so despite videos on social media, persons are not willing to come forward and provide evidence... . We require the assistance of citizens in the enforcement efforts as we have limited resources. If we are not made aware of the breaches, we are unable to respond and address the breaches appropriately,” NEPA said.
The state agency indicated that, in response to the issue of crocodile hunting for meat, it has increased its ‘game wardens’, persons appointed to assist with the implementation and enforcement of wildlife protection; increased public education; exploring ideas of external funding towards a reward programme for persons who come forward with evidence; and also increase collaboration with the police, particularly the cybercrimes unit, to analyse social media videos depicting animal cruelty.
“We are currently amending the Wildlife Protection Act to include greater penalties which would act as a greater deterrence as well as including more offences to
cover the range of breaches that we have been noting recently,” explained NEPA. “We are also revising the structure of our enforcement branch to allow for the inclusion of more officers and specialised operations to address these issues, and we will also be increasing our efforts to engage and educate the public about the impact of these breaches and how they can assist in prevention, detection and prosecution.”
In the meantime, the agency said that, since 2019, it has entered memoranda of understanding (MOUs) with four rescue centres to provide support in the response, rescue and care of protected animals. The Holland Crocodile Sanctuary is one of them and, in total, NEPA has delivered $950,000 in its support. That represents an annual allotment of $200,000, except for 2021 when the support totalled $150,000 due to the financial impact of COVID-19, it said.