Non-Caymanian fishing ban proposed by Cabinet

Cabinet has taken a step towards banning non-Caymanians from fishing in the islands’ waters.

The proposed framework, if advanced by lawmakers, would prohibit non-Caymanians from harvesting any marine life, including fish, conch and lobster.

“This proposal forms part of a broader effort to protect marine biodiversity and preserve fishing resources for Caymanians,” explained a press release on Tuesday from the Ministry of Health, Environment and Sustainability.

Currently, fishing from shore in Cayman’s non-protected areas is legal for everyone and no licensing is required. Certain limitations apply to the take of conch, lobster and whelks, including seasonal restrictions and catch limits.

Fishing, a way of life and means of survival, faces renewed licensing debate

Caymanians would be exempt from the proposed ban, and limited exceptions for foreigners may be carved out through a licensing system to permit near-shore catch-and-release fishing of certain game fish and offshore catch-and-release of certain billfish species.

New protections for vulnerable marine species would also be established for all anglers, regardless of nationality. 

Minister for Environment Katherine Ebanks-Wilks said government would be consulting with stakeholders on the implementation of such regulations, including enforcement and visitor access to controlled fishing opportunities.

“Our marine ecosystems are under increasing pressure from overfishing and climate change. By introducing additional restrictions, we are taking a proactive step to manage our marine ecosystem responsibly. These measures will help maintain the health of our reefs and marine life, safeguarding both our natural resources for this and future generations,” Ebanks-Wilks said in a press release.

The ministry will now begin an internal consultation period, as well as a public consultation period, advising that final regulations may differ from the initial proposals. Any changes to fishing regulations would need approval by Parliament.

Previous restrictions

A 2007 amendment to the Marine Conservation Law previously required non-Caymanians to hold a licence to fish from shore at a cost of $400 per year or $150 per month.

That law came under scrutiny with the implementation of Cayman’s new Constitution and Bill of Rights in 2012. In a 2010 fishing licence case, Chief Magistrate Margaret Ramsay-Hale questioned if a law applying to one section of the population would be considered discriminatory under the new constitutional framework. 

The fishing licence regime was later repealed with the passage of the National Conservation Act in 2013.

Extensive debate around fishing rights has continued over the years. A private member’s motion in Parliament in December suggested restricting non-Caymanian fishing rights and establishing a renewed licensing scheme.

Then Sustainability Minister Dwayne Seymour told the House that the proposal would require non-Caymanians to acquire a fishing licence and prohibit them from keeping reef fish caught near shore, as well as restrict them from taking conch, lobster and whelk. He said those proposed measures had been under consultation with the Attorney General’s Chambers.

In 2023, the Department of Environment’s Tim Austin also acknowledged on Radio Cayman that the department had been “tasked with looking at” the topic and said a range of proposals had been submitted on the matter.