(CNS): No one is going to jail for feeding animals in their own yards, even wild chickens, the Department of Environment has said. The regulations relating to the control of alien species come into force today, but over the last week social media has exploded with misinformation about the new rules, which have been drawn up for the purpose of protecting Cayman’s endemic and native species, many of which are under serious threat from a multitude of problems, not least invasive species.

The new rules have come under fire from members of the public, including complaints about the programme in the Sister Islands to cull feral cats, which are pushing native species, such as nesting sea birds and rock iguanas, to the brink of local extinction. There have also been many misleading comments about the penalties for feeding feral animals, but the DoE says the regulations are not about punishing people for feeding chickens.

The new rules are directed at the conservation of native species, many of which are under threat, according to Fred Burton, the manager of the DoE Terrestrial Resource Unit. “There are so many threats and pressures on our native wildlife. It is a bit bewildering, really, as we are dealing with massive loss of habitat as the islands develop and we are dealing with big global issues like climate change… that could have really complicated impacts on our native ecosystems. But alien species are the number two threat globally,” he stated recently.

Scientists at the DoE accept that the issues of over-development and climate change pose serious threats to the natural world, but they say that invasive species pose a direct risk to many plants and animals that Caymanians hold dear. While the DoE does not have the power to control population growth, excessive development or even to stop people from clearing mangroves once they have planning permission, it can at least use the National Conservation Law to tackle this major threat to wildlife.

While the maximum penalties many appear draconian when compared to much older legislation, such as the Animals Law, the most severe punishments will be reserved for those who have committed the most egregious offences where unique, endangered species like the blue iguana are deliberately put at risk from the release of alien species into protected habitat.

A spokesperson for the DoE said that the penalties, which can be as much as $500,000 or four years in jail for the most serious offences, cover a range of infractions, such as damaging natural habitat in a protected area, anchoring on coral illegally, lifting starfish out of the water and poaching conchs from a marine park. When a person is convicted, the sentences meted out will be based on the circumstances of the offence and the offender, based on the judge’s discretion.

“The general principle of the maximum penalty is to allow judges to sentence within a law as they feel is appropriate to the particulars of an individual case and to account for the worst possible hypothetical cases of infraction under the law,” a DoE representative told CNS.

The DoE does not expect that any judge would ever give the maximum penalty for this kind of infraction, given the way the same potential maximum penalty has so far been applied by the courts to other offences under the law. “If we look at how judges have sentenced in the worst cases of poaching under the Marine Park Regulations, for example, we will see people fined a few thousand dollars or less. Certainly not ‘draconian’ punishments, as so often gets suggested of these laws.”

The Alien Species Regulations include lower penalties for specific situations. The feeding of alien species, the offence that has stirred up social media, clearly provides for much lesser penalties. “Feeding or supporting alien or genetically altered species in the wild” would receive only a warning for a first offence, and a maximum fine of $5,000 for a repeat offence. The maximum financial penalties or potential jail time could only be considered for habitual offenders who deliberately feed feral populations in the wild.

The provision against the feeding of alien species in the wild (not on any owner’s property) came into effect Friday, 3 February, but the department plans a traditional period to “educate and inform” before any enforcement actually takes place.

“No one is coming to people’s yards tomorrow to charge them with feeding feral cats or chickens,” the DoE stressed. “But while feeding animals in the wild may not be considered a serious offence comparatively, the impact unmanaged populations of invasive animals have on our native habitat is indeed serious.” The DoE hopes that the new rules establish the seriousness of the impact of these offences, and help shift public thinking on these practices.

The regulations, which were provided for in the National Conservation Act, have been many years in the making and fill the gap in the legislative framework for managing the risks posed by invasive species. The current premier, Wayne Panton, introduced the law to protect Cayman’s natural environment in 2013 when he was the environment minister. However, because of the backlash from the development sector, this critical legislation has been rolled out very slowly over the last decade.

When he was premier during the last administration, Sir Alden McLaughlin referred to the NCA in parliament as “ridiculous” and threatened to gut it.

At every step of the law’s implementation, the DoE has faced critics on both sides of the debate. Conservationists criticise the department for not doing enough, regardless of its size, budget and legal limitations, while others accuse the DoE of over-stepping its remit. Nevertheless, the department remains one of the few government entities that make the technical advice it gives to other public entities, such as the CPA and Cabinet, also available to the people.