$ 3 99 M EAL D EALS MONDAY - SATURDAY 9pcs MIXED, 2 Sides & 5 BISCUITS NEW FAMILY SUNDAY cayman compass Your most trusted news source Established 1965 75 CENTS | Funding local journalism | Monday, 13 January 2020 Mangroves cleared without permission Page 2 National Trust officially opposes cruise port Page 3 The old men and the sea turtles Page 6 and 7 Surfers descended on South Sound Saturday, as forecasters predicted continuing rough seas over coming days . Page 3 Photo: Taneos Ramsay Riding the wavesPRINTED AND PUBLISHED BY: Cayman Compass Ltd. Compass Centre, Shedden Road, George Town, Cayman Islands SEND US YOUR VIEWS OR NEWS: P.O. 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THE GRUDGE (2020) (R) 2:00 | 4:30 | 7:15 | 9:40 JUMANJI: THE NEXT LEVEL (PG13) 12:45 VIP | 3:45 | 6:30 | 9:25 LIKE A BOSS (R) 12:45 | 3:00 | 5:15 | 7:00 VIP | 10:00 SPIES IN DISGUISE (PG) 1:40 | 4:20 | 6:50 STAR WARS: THE RISE OF SKYWALKER (PG13) 12:30 | 3:40 VIP | 6:45 | 9:20 UNDERWATER (PG13) 1:10 | 3:40 | 7:30 | 9:15 VIP | 10:00 WHAT’S PLAYING THIS WEEK MONDAY, JANUARY 13, 2020 Approval granted ‘after the fact’ CAROLINA LOPEZ clopez@compassmedia.ky A developer who cleared an area of mangrove forest without planning permission had his after-the- fact application to clear the site approved by the Central Planning Authority last week. John Burke, whose after-the- fact application was heard at the CPA meeting on 8 Jan., had been issued with a stop notice in August last year after Department of Environment staff visited the site at Uncle Bob Road in West Bay to find it was already mostly cleared. In his letter to the CPA, Burke, who was granted permission at the meeting to create a nine-lot subdivision at the site, stated that he had not realised that clearing the land required special approval. “Over the years, the property to the south of The Shores has been known to attract undesirables and illicit activity, and has presented significant security weaknesses in the project and from a security perspective, The Shores will become a safer place to live,” Burke stated in his application letter, to which the DoE responded in its statement, “the current state of the site is not an improvement over the previous mangrove forest”. The DoE, in its submission on the application, also noted, “The subject parcel was tidally flooded mangrove forest and woodland. However, prior to receiving the planning review for this application, the DoE received a number of complaints from members of the public that the parcel was being cleared. The DoE conducted a site visit on 30 August 2019 and the subject parcel had been nearly entirely cleared,” The DoE statement said there was “little benefit” to being consulted on an after-the-fact land- clearing planning application. “As the clearing has already taken place, the opportunity for reviewing agencies to provide constructive comments and feedback is removed. We cannot recommend the retention of ecologically valuable flora. We cannot recommend retaining a buffer between the parcels and Bayshore Drive or Uncle Bob Road, and between subdivided lots, in order to provide a visual barrier and assist in drainage,” the DoE stated. In addition, the department pointed to potential flooding issues due to the development, advising, “A thorough stormwater management plan for this development needs to be devised in order to ensure that the proposal does not cause flooding within the development or the surrounding residential parcel.” The National Roads Authority, in its submission, agreed, saying, “A comprehensive drainage plan needs to be provided by the applicant for the entire project.” The DoE also pointed to objections about the condition of the site. “We have received complaints regarding odour from the decaying organic material and standing water,” the DoE said in its statement, adding that this site is not the only one where mangroves have been cleared without permission. “There have been a number of instances over the last few weeks where the Department has noted clearing commencing solely based on the fact that a planning application has been submitted. “This approach to clearing and works commencing prior to planning permission being granted is extremely worrying. It removes the opportunity for reviewing agencies to provide constructive comments and feedback on best management practices and recommendations for retention of ecologically valuable flora to be retained, which may prove beneficial to the landowners and wider area.” The DoE added that unauthorised clearing of land undermines the consultation and planning processes. However, the department told the Cayman Compass that the DoE does not have the authority to take matters regarding unauthorised clearing of land into its own hands. “Under current Development and Planning Law, the responsibility falls to the Planning Department to bring prosecutions in cases where land has been cleared prior to obtaining permission from the Central Planning Authority. Neither the National Conservation Council nor Department of Environment currently has legal authority to bring such a case,” the DoE said. “It is worth noting that a Mangrove Species Conservation Plan, which would make unpermitted clearing of mangroves a National Conservation Law offence, as well as a Planning Law offence, and which the DoE could enforce, has undergone public review and has been sent by the National Conservation Council to Cabinet for consideration before final approval,” the DoE added. West Bay mangroves cleared without permission This area of mangroves by Uncle Bob Road, West Bay, has been cleared. “This approach to clearing and works commencing prior to planning permission being granted is extremely worrying.” Department of Environment cayman compass 2 news N news MONDAY, 13 JANUARY 2020ANDREL HARRIS aharris@compassmedia.ky Members of the National Trust for the Cayman Islands voted unanimously on Thursday to officially oppose the construction of a cruise berthing facility in George Town. Previously, the Trust had held a neutral position on the project. The proposed $200 million government plan involves the development of two piers that will be able to accommodate mega cruise ships. It will also include renovations to the current cargo port facilities. The project was put on hold pending an upcoming people- initiated referendum for Cayman voters to choose whether the port development should go ahead. The referendum, originally scheduled for 19 Dec. 2019, was postponed after legal proceedings were lodged to delay it. In December, the National Trust and Shirley Roulstone, a member of the campaign group Cayman Port Referendum, which initiated the referendum petition effort, brought to the court separate applications for leave to appeal for judicial review of the government’s decision to hold the referendum before an updated environmental impact assessment is completed, among other concerns. On Thursday evening, the National Trust held an extraordinary general meeting, its first since it came into operation 33 years ago. During the meeting at the George Town Yacht Club, members were asked to vote on whether they opposed the cruise berthing project. In a statement about the meeting and its outcome, the organisation said, “The National Trust has consistently called for full disclosure on the potential environmental impacts of the Cruise Port project, as well as for meaningful consultation with the public since the new design changes, so as to allow voters to make an informed decision when voting at the People-Initiated Referendum. “The National Trust had previously taken a neutral stance on the project until such time as additional information was provided, but with information not forthcoming, the lack of meaningful consultation, the National Trust decided it had to call an EGM to solicit the feedback of its membership and take a position.” After a presentation by wildlife and marine photographer Ellen Cuylaerts, the National Trust’s legal counsel John Harris and executive director Nadia Hardie provided an update on the organisation’s legal position on the upcoming judicial review, which is set to be heard on 22 Jan. The meeting, which was closed to non-members, was “well attended” and included the submission of more than 65 proxies, according to the Trust. A unanimous resolution was passed to “formally oppose any development of a Cruise Berthing Port in George Town Harbour which would jeopardise its endangered and protected species of coral and marine life and which would be inconsistent with the provisions of section 41 of the National Conservation Law”, the Trust statement noted. It continued, “The National Trust is determined to carry out its mandate to protect and preserve the historic, natural and maritime heritage of the Islands as defined in Section 4 of the National Trust Law. It also wants to remind the public of the Constitution Order 2009 which states the Cayman Islands ‘will be a country that respects, protects and defends its environment and natural resources as the basis of its existence’ and ‘a Country that manages growth and maintains prosperity while protecting its social and natural environment.” The National Trust, a non- governmental organisation, is subsidised by the government. ANDREL HARRIS Aharris@compassmedia.ky Psychiatrists have concluded that Travis Jarrell Webb, a Bodden Town man accused of burying a child alive in November 2018, has met the test of insanity, a court heard on Friday. The two doctors examined Webb at the request of both the prosecution and defence in the case. Webb, 27, is expected to face a two-day trial in March for a single charge of attempted murder. In May 2019, during a Grand Court mention hearing, Webb pleaded not guilty to the charge. At that time, Oliver Grimwood, Webb’s defence attorney, requested a judge- alone trial. However, on 10 Dec., prosecutor Scott Wainwright told Justice Cheryll Richards that the law did not provide for such an option. “The difficulty that we face is that the law states that only a jury can deliver a verdict of not guilty by reason of insanity,” Wainwright said. Section 158 of the Cayman Islands Criminal Procedure Code (2019 Revision) states that “the jury shall return a special verdict that the accused was not guilty of the act or omission charged against him by reason that he was insane at the material time”. Grimwood told Justice Richards he would need to reread the law to see if the word ‘jury’ could be interpreted to mean something apart from the traditional panel. “However, if it is that a jury trial is the only mode, then we will proceed,” he said. “In light of the fact that both the prosecution and defence experts are both in agreement that Mr. Webb has met the test of insanity, I do not anticipate that I will need to call a live witness. And, therefore, we can read the statements into the record. However, if the jury does return a verdict of not guilty by reason of insanity, the courts will be faced with another problem.” Grimwood noted that if such a verdict were returned, "the courts would then have to commit him to a hospital or a mental institution of some sort”, in accordance with Section 159 (1) of the Criminal Procedure Code. Grimwood highlighted the fact that such an order would be problematic because Cayman does not have a dedicated mental health facility. While the Cayman Islands Hospital has an acute mental ward, which stabilises people in need of immediate care, it does not have the resources to house a person nor does it have the security staff to provide 24-hour monitoring for an indefinite period. “In other jurisdictions, like England and Wales, legislation allows for judges to impose absolute discharges, non- committal orders, community services, as well as committal orders,” Grimwood said. “Cayman’s legislation does not provide those options.” Another potential issue Grimwood raised was that those jurisdictions give the option for the attending doctor of a person held in a mental institution, or a panel, to decide when and if a person is fit to be released. In Cayman, under the Criminal Procedure Code, a criminally insane person is to be kept in hospital “until discharged by order of the Governor”. Webb was remanded into custody and is expected to appear before the court next month. National Trust officially opposes cruise port ANDREL HARRIS aharris@compassmedia.ky A high-pressure system over the Cayman area will continue to fuel strong winds and rough seas throughout the next several days. The National Weather Service’s five-day weather forecast on Sunday showed that 6-to-8-feet waves were expected until Thursday, and 15-20 knot winds would be in force between Sunday and Tuesday. Winds are expected to increase to 20-25 knots on Wednesday and Thursday. Surfers, whether kite or board, welcomed the rough seas over the weekends. Some 20 adrenalin- seekers took to the Cayman’s southern coast on Saturday to shred the waves and ride the winds. Although the high sea swells can provide fun for some, the National Weather Service is reminding seagoers to be cautious. It issued a small craft warning, which is expected to remain in effect until Thursday. Bodden Town man meets test of insanity CORRECTIONS A story that ran in the Friday, 8 Jan. edition of the Cayman Compass, titled, ‘Woman who obtained $37K through deception walks free’, incor- rectly stated that Hermine Stoney had pleaded guilty to obtaining property by deception. In fact, Stoney pleaded guilty to one count of false accounting. She was granted an absolute discharge. In a story that was published on Friday, 8 Jan., titled, ‘Group seeks judicial review over beach access’, it was incorrectly report- ed that the matter was heard by Justice Timothy Owens. In fact, the matter was heard in court by Justice Robin McMillan. Weather system brings rough waves Surfers take to the waters of South Sound on Saturday as high seas impacted Grand Cayman. Members of the National Trust now officially oppose the government's proposed cruise berthing facility in George Town. Webb, 27, is expected to face a two-day trial in March for a single charge of attempted murder . 3FridAY'S SOLUTiONS 123456 78 910 1112 13 141516 17 181920 21 2223 24 123456 78 910 1112 13 141516 17 181920 21 2223 24 Puzzle 16271 ACROSS: 1 False, 4 Disavow, 8 Ban, 9 Up against, 10 Reflect, 11 Tasty, 13 Escort, 15 Become, 18 Andes, 19 Lunatic, 21 Downright, 23 Air, 24 Prevent, 25 Delft. DOWN: 1 Faberge, 2 Long-faced, 3 Exude, 4 Dearth, 5 Startle, 6 Van, 7 Witty, 12 Shortfall, 14 Reserve, 16 Excerpt, 17 Plight, 18 Add up, 20 Noted, 22 Woe. ACrOSS 1 Fine handwriting (11) 9 Mentor (7) 10 A planet (5) 11 At the proper time (4) 12 Amaze (8) 14 Made bankrupt (6) 16 Servile (6) 18 Colourless odourless gas (8) 19 Detect (4) 22 Giver (5) 23 Wry face (7) 24 Incisive (11) dOWN 2 Blacksmith’s block (5) 3 Endure (4) 4 Gaudy (6) 5 Sanctioned (8) 6 US escapologist (7) 7 Bomb for throwing (4,7) 8 In every detail (2,3,6) 13 An available stock (8) 15 Highly concentrated (7) 17 Business amalgamation (6) 20 Level tract of country (5) 21 Main point (4) The Compass Crossword Puzzle The Compass universal kakuro Puzzle 16273 The numbers in the black cells are clues. Numbers above the slash are across clues. Number below the slash are down clues. The goal is to enter digits 1 - 9 in the white cells to add up to the number clues. You cannot enter any digit more than once when adding up to clue. As we come to the end of this year of our Lord 2019, we have to be thankful for the many blessings we received in these Islands. We have been spared again from hurricanes and other major disasters, and have been relatively safe from crime. Having said that, I am saddened by the apparent mimicking of our neighbours to the North, who view this holy season as basically a ‘holiday’, deliberately omitting Christmas from their greetings and publications. I wish for our fellow citizens of these Islands, that we strenuously resist the temptation of accepting these apparent hedonistic practices. Please recognise that Christmas is 12 days, so don’t throw out your Christmas tree the day after the 25th. We tout ourselves as a Christian society and spout Christian piety when it suits. So don’t send me a card wishing me Happy Holidays. Merry Christmas, I will appreciate. May God continue to bless us all here, and (throughout) the world. Merry Christmas, Patrick C. Broderick Sr. This letter was submitted to the Cayman Compass Friday, 10 Jan. Celebrate Christmas, not the ‘holidays’ Letter to the editor What they’re saying Online George Town clean-up planned Is this for real because in the last three years when I’ve visited Grand Cayman, the hotels gave out epic amounts of plastic cups! Even though I brought a reusable water bottle, wait staff continued to bring us plastic cups of water. – Victoria Bassett Clyne Victoria Bassett Clyne, sorry for that experience. Truth is, Cayman don’t care for the envi- ronment, money is what our fat cats care about. Sorry, on behalf of the few that do care. – Cameron Castillo I will be here to help keep my country clean and plastic free. – Winston Dilbert Gov’t asks AT&T to stop running ‘tax professional’ ad Great news! Also, please have them stop referring to us as the ‘Caymans’! We are the Cayman Islands. Had to recently correct a ‘greeter’ at the airport, for good- ness sake! – Regina Oliver Thank you! The commercial offends me every time I see it. – Miranda Wooten This commercial is sooo misleading! – Kay Emrick I was hoping someone would do this soon. – Margarita Moreno I just saw this commercial and they changed it to “the islands”. – Deborah Smith Scott Group seeks judicial review over beach access Public pathways to the beaches MUST be preserved or developers will own the entire coastline. – Jim Hinckley It should never have come to this! Beach access is really an issue for anyone trying to get to the beach because of all the blockages to the existing access points. Why? Hotels have taken up enough of the beach access. A little pathway is all that is asked! – Gillian Rudd Funny, sort-of related story. A few years back, a bunch of folks up in Sand Destin, Florida, got together and managed to convince the government to let them claim the beaches in front of their big, fancy condos. No Public Access. But when a big ole hurricane came along and took away their beach, guess who they petitioned to come in and restore their beaches? That’s right. The same folks who took away public access were expected to use pub- lic money to fix the private beaches. – Brian Simpson Motorbike and car collide on West Bay Road You’ve got to be crazy to drive a motorbike here. – Kyle Creel More police on the roads, please. – Andy Marshall The middle lane is not for overtaking. I live at Planta- tion Village and I see this all the time. It’s only a matter of time before someone is killed, possibly a pedestrian as a car exiting in front of stationary/slow moving traffic attempts to exit, only to find some moron doing 40 in the middle lane. – James Padden 2-car crash closes Linford Pierson Highway Everyone is in a rush and there’s no ‘Cayman Kind’ on the roads these days. So sad. Slow down, people, and consider other road users. – Tracey Goldie Crazy driving and lack of police presence on the roads. – Andy Marshall In a rush for their funeral. As a survivor of a near-fatal acci- dent (hit by a semi-truck at 65 mph on 12/15/2010 in Michigan), these roads in Cayman terrify me. People often think nothing will ever happen to them, but news- flash, it can be you. Please drive responsibly. – Nicole Eastman Dead turtle found caught in fishing line Stop the long liners; they kill so many species. Here in Turks and Caicos, the government allowed the long liners to come in; we have no fish left. It’s been killing the sharks, the turtles, the dolphins. It’s so sad. – Belinda Martin Apartment complex approved for West Bay Government needs to have a look at regulating traffic at the T junction at Mount Pleasant now with the new bypass. There is only one exit and a left lane needs to be added. Purchase the land where the orange barber shop is & get it done! It affects school flow in the morn- ings... –Jan Taylor Concrete jungle. Cayman has become and nothing for the youth. – Geoffrey Bush cartoon Reject - By Caymanman cayman compass 4 news N news MONDAY, 13 JANUARY 2020ADVENTURE AWAITS Career is an adventure. We can take you where you want to go. steppingstonesrecruitment.com CAROLINA LOPEZ clopez@compassmedia.ky Three members of environmen- tal awareness group Protect Our Future last week brought their concerns about climate change to Cayman energy and regulatory officials. Olivia Zimmer, Steff Mcdermot and Connor Childs met with Kristen Augustine, energy policy coordinator for the Cayman Islands government, and Gregg Anderson, executive director of OfReg, to discuss Cayman’s next steps regarding climate change and renewable energy. The students had attended the COP 25 Climate conference in Madrid, Spain, last month and discussed with several global participants about how different countries are taking a stand on climate change. “We approach our meetings with an open mind and the intention to understand their position and how we may support each other,” Mcdermot said of last week’s dialogue. The organisation is aiming to support the government’s new science curriculum that will focus on renewable energy and the realities of climate change. The group members said they would like to see water-refill stations and solar panels installed at all public schools. The government’s National Energy Policy, approved by Cabinet in 2017, states that the Cayman Islands aims to have 70% renewable energy by 2037. The group encouraged the government to start using its one megawatt solar allocation for schools and hospitals. “We are aware of the policy goals and that the government has free access to one megawatt of solar energy for government buildings. If the energy is currently not being used, allocating the one megawatt of solar energy towards the public schools, along with an educational programme, will directly support [National Energy Policy] goal No. 1,” Mcdermot said. Goal 1 of the National Energy Policy, states, “Knowledge and Education: The people of the Cayman Islands will be well educated and knowledgeable on the impact of energy demand on the environment of the islands and continuously embrace opportunities to increase the levels of sustainable energy solutions in the supply mix, and improve efficiency in energy use.” The Protect Our Future students are also asking the government to create advertisements and commercials to educate the public about climate change and adaptable solutions. “I particularly expressed the importance of sourcing young Caymanian entrepreneurs and developing educational campaigns that fits with our diverse melting pot community,” Mcdermot said of the recent meeting. The students said they remained hopeful that the Cayman Islands government and OfReg would help spotlight climate change as a top priority. Cayman students talk climate change with officials Kristen Augustine, the government's energy policy coordinator, left, meets Protect Our Future students, clockwise from top, Olivia Zimmer, Steff Mcdermot and Connor Childs to discuss climate change and renewable energy for Cayman. cayman compass 5 news N news MONDAY, 13 JANUARY 2020JAMES WHITTAKER jwhittaker@compassmedia.ky Clinton Whittaker stood on the bow of the catboat as it surged and plummeted on steep ocean swells. The main sail had been damaged in the foul weather and the three-man crew was manoeuvring the small vessel on just the jib. Whittaker was following the orders of the captain – a man named Green – to scour the horizon for some sign of the reef’s breaking to the east. He wasn’t happy about it. “I said, Green, how the hell do you expect me to see the eastern reef breaking? You are going the wrong way,” he said, traces of frustration returning to his features as he recalled the tale. The men were rangers, part of a large fleet of Caymanian turtlers scattered across a vast network of mangrove islands and sandbars off the coast of Nicaragua. The catboat had left the relative security of Dead Man Bar, where two days earlier they had made rustic huts from banana and silver thatch leaves carried from Grand Cayman. “We were lost, there was no two ways about it,” Whittaker recalled. “I tried to tell the captain, but he was strongheaded – that’s what we used to call it. He wouldn’t listen.” By the time this truth settled in, the weather had worsened significantly and they were out of sight of land. They would learn later that a Caymanian cargo ship, the Antaris, had been forced to ditch two cars in the ocean en route to Florida, in order to stay afloat. Another catboat carrying two Cayman rangers was lost at sea in the same storm. Whittaker had better luck. “We came across a red mangrove tree spring up on a shallow spot and we tied on to that till Thursday morning,” he said. “We went on sailing, sailing – didn’t know where we were going.” Late in the afternoon of the third day, they saw another boat and decided to follow it, playing a hunch that it was headed for land. Tacking back and forth in its wake, they finally sighted the distinctive green mangrove islands of the Miskito Cays. Whittaker was in his 20s at the time. He is 92 now, but tears still come to his eyes as he recalls the sight of three famous Cayman schooners, the Adam, the Goldfield and the Jemsons. “They had all ran from the weather and were tied up there in the bight. We were so lucky.” The men had a cup of coffee and passed the time with their fellow Caymanian turtlers as the last of the storm blew out. When they returned to their camp, the sandbar had twisted 90 degrees in the storm, but their hut was still standing. Las Tortugas By the time Whittaker and his generation were ranging on the Central American coast in the 1950s, declining prey and increasing environmental regulation were taking their toll on an industry that had helped sustain Cayman for a century or more. The sea turtles of the Caribbean had provided sustenance for mariners for much longer. Since Christopher Columbus first sighted the islands in 1503 and christened them Las Tortugas, European sailors had used the islands as important provisioning grounds. Turtles were easy to catch and could be kept alive on deck for weeks at a time, providing a valuable source of food for roving seafarers. “The tortoise’s flesh is good meat and is like unto beef both in tast and shew [sic],” noted Captain Walter Bigges in his account of legendary British explorer Sir Francis Drake’s voyage to the West Indies in 1589. “In the islandes of Caimanes we killed a hundred in two nights.” Such exploitation took its toll and by the time the first permanent settlers arrived in Grand Cayman in the early 18th century, the turtle fishery was already in decline. The first Caymanians were forced to forage for turtle off Cuba and later went as far afield as Central America. 20th century rangers By the 20th century, a well- honed routine was established. Large schooners, like the Adam and the Goldfield, would carry crews of young men and several catboats to the Miskito Cays. The rangers would spend seven or eight weeks living on small mangrove islands or sandbars. They would set nets overnight on the spots where t he turtles were known to sleep. In the morning, they would venture out in their catboats to collect what prey had swum into their trap. They kept the turtles in pens made from wooden poles, known as kraals. Periodically, the larger boats – many of them converted to engine power by this time – would come and collect the catch. It was a rugged existence, but Whittaker remembers it fondly. “It was lonely, but you had your hammock hanging up in the shade there where you could go up and sleep and, in the daytime, you know, you are fishing. It was all right. You had to enjoy that because that’s how you made your money.” Sometimes the rangers would catch 50 or 60 turtle on a two- month voyage. Sometimes 200. “It just depends if you were lucky,” Whittaker remembered. The old men and the Caymanians hunted turtle off the coast of Nicaragua in catboats like these. Captain Paul Hurlston began his illustrious seafaring career as a ranger, turtling on the Miskito Cays. Turtles are offloaded from a boat onto a Grand Cayman dock in the 1950s. A giant turtle is hauled onto a schooner. cayman compass 6 I issues MONDAY, 13 JANUARY 2020Turtling in the blood Captain Paul Hurlston, one of the most decorated Caymanian seamen of his generation, started his career on a turtling crew at age 14. At the time, the long, often- dangerous voyage to the Central American coast was the only option for young men to make a living. “You wouldn’t believe this is the same Cayman,” he said. “There was absolutely nothing to do, no work. Everyone at my age went to sea. We had no industry – anything you could make a shilling off, that’s what you did.” For Hurlston, turtling was in the blood. His grandfather Charles Bush was known as one of the best turtle pilots in Cayman. “He was the most disagreeable man but he was honest,” he said. “If you made the voyage with him, you would receive what you made.” That was not always the case. Some captains or boat owners would shortchange the crew on their share of the catch and disputes were common. Many of the boat owners also owned stores back in Cayman and the crew would get credit for provisions for themselves and their families. “The difference between what you earn and what you owe, they give you in cash,” Hurlston said. “They always used to mark up a little bit more.” A few turtles were butchered for the local market, but most went to the US or to the UK via Jamaica. Hurlston made just one voyage with the turtle fleet before he decided the merchant marine was a steadier prospect. “I was paid $80 a month working on the banana boats, which was good money for Cayman at the time. Turtling, you just didn’t know if you were going to catch anything or not,” he said. Whittaker made five or six trips to the Miskito Cays, but stayed involved with the turtling industry. He served as one of the butchers at a turtle-canning factory that operated on the site of what is now the Caribbean Utilities Company. Later, as the industry declined, he joined the line of Caymanian seamen travelling to the southern US to work the cargo boats there. Carrying on the tradition Naul Bodden was a boy on Cayman Brac during the last days of the turtling industry. He remembers the welcome the famous Brac schooner the Jemsons would receive when it returned to the island after months at sea. Families would put their requests in for 10 pounds, 15 pounds, whatever they could afford. When there were enough orders, they would butcher the turtle right there on the dock. “We used to have a hell of a time fishing for sharks,” Bodden said. “The whole barcadere would turn red and sharks would come in by the dozens – you could take a club and lick one.” Bodden, one of the first accountants in Cayman and the founder and president of NCB Group, comes from a family of turtlers. His grandfather was lost at sea on a turtle expedition during the 1932 hurricane. His father, who was 15 at the time, was out on a different boat during the same storm. “Their ships passed and they waved to each other, but communication was bad. They didn’t know a hurricane was coming.” Hunters Even as turtling declined in the 1970s and beyond, a small local fishery was maintained. The Department of Environment operated a seasonal licensing system similar to what exists now for conch and lobster. A handful of older turtlers still officially have permission to hunt, though no turtle have been legally caught locally in recent years. Bodden gave up his licence as regulations increased and the tradition began to wane. He recognises there can be no turning back, but feels a part of Cayman’s heritage has been lost as turtling has died out. “I miss being able to go out,” he acknowledged. He said he and his friends would scour the reefs for turtle in a small motorboat. They would track them, often for hours at a time, using snorkel and mask instead of rowing in a catboat like their forefathers. “We would follow the turtle, swimming above him … if he stops and lies on the bottom, you drop the net down on him and he’s a goner.” A lost tradition For Caymanians, he believes, hunting turtle is part of the national identity. Harvesting the animals is how generations of Caymanians survived in a time of subsistence living. “It is a tradition which none of our kids will ever experience, and it is so exciting, like going through a forest and hunting a deer. “My son is 22 and I will never be able to teach him to hunt turtle or to spear fish. Environmental laws are such that you can't.” He believes there is a case to be made for generational Caymanians to be allowed to hunt. “It is very similar to the Eskimos or the Indians. You grow up with those traditions and, all of a sudden, everything changes and those traditions disappear. “It is the way it is and I can accept not doing it any longer, but it is a lost tradition.” Clinton Whittaker made five or six trips to the Nicaraguan coast as part of the Cayman turtling fleet. A man lifts a large turtle at the turtle kraal, in Grand Cayman, in 1948. Turtles are unloaded at George Town in 1950. sea turtles cayman compass 7 I issues MONDAY, 13 JANUARY 2020JAMES WHITTAKER jwhittaker@compassmedia.ky Sea turtles continue to play a key role in the Cayman Islands economy. But the iconic sea creatures have become more valuable alive than dead. While past generations of Caymanians relied on turtling for food and as a source of income, modern-day islanders are seeking to preserve and restore turtle populations. “The value of our reef systems and the animals that live there has gone up by 10 times in terms of sustainable use through viewing opportunities,” said artist and conservationist Guy Harvey. “That’s true for many animals. You can put a dollar value on individual rays, sharks and even turtles and it is many times higher for snorkelling, diving and photographing than it is for consumption.” Catching turtles made sense when Caymanians were eking out a subsistence living from the sea, but Harvey believes the island’s economic future is in sustainable tourism. Even continuing to farm and eat turtle risks Cayman’s reputation as an eco-conscious dive destination, he warned. “Consuming turtles is no longer in vogue. They have become cuddly. For us to still be raising turtles for consumption is an antiquated position to take. I believe we should be focussing more on the replenishment programmes and I think there would be more money in that.” Darwin studies Two recent studies funded by the UK Darwin Initiative have bolstered the Cayman Turtle Centre’s credibility somewhat. In one survey, almost half of the people who consumed meat from the turtle farm said they would be willing to eat poached turtles if the farm did not exist. The second report, based on DNA testing, showed that the revival of nesting sea turtles in Cayman was linked directly to historic releases of captive hatchlings by the turtle centre. In an interview with the Cayman Compass last year, Tim Adam, CEO of the centre, suggested the facility, as well as the country, was on a journey from consumption to conservation. But he said eating turtle was an important part of Caymanian heritage for many and it would take time to make the transition. “The reason we still produce turtle meat is for the conservation value. We sell it at a subsidised rate and that helps prevent poaching,” he said. A protected species The National Conservation Council recently published the first species conservation plan for sea turtle in the Cayman Islands. The plan aims to protect and preserve turtles, which are a threatened species internationally, in Cayman’s waters, Council chairman McFarlane Connolly said, “This proposal represents the most comprehensive effort to conserve and repopulate our iconic sea turtles in the Cayman Islands to date. “(We) believe the plan contains realistic measures and goals that will help ensure future generations of Caymanians, residents and visitors can enjoy sharing the sea and the beach with these magnificent marine reptiles.” Sound conservation policy is also smart economic policy in a time when eco-tourism is in vogue. Turtles, grouper, sharks and other iconic species can be sold many more times to divers and snorkellers than they can to diners, added Harvey. “What really makes a dive for me is to see a grouper, a moray eel or a turtle. We are lucky to have the marine life that we do,” he said. “The value of a single grouper in the wild can be as much as $15,000 to the dive and snorkelling industry. Why would you want to catch it and get $50?” A sustainable future The key to Cayman’s economic past may lie, at least in part, in exploitation of the marine resources, but many believe its future relies on preserving and restoring those same resources. Linda Clark, of non-profit Sustainable Cayman, said turtles faced a diverse portfolio of risks. “Threats to all marine life, including turtles, are increasing due to human impacts caused by factors such as overfishing, bycatch, ghost nets, plastic pollution, ocean acidification, changing ocean currents and temperatures, boat strikes and loss of habitat due to coastal development. Even tourist encounters with wild turtles can create a stress for the animal, altering its daily feeding or resting cycles if intentionally chased or unintentionally harassed,” she said. “The continued survival of turtle populations will require decision making to be science- based, focussed on risk assessment, public consultation and use adaptive management techniques. Governments around the world are embracing the United Nations Sustainable Development Goals, embedding the framework into local policy while encouraging private companies and citizens to work together to create a long-term equitable future for all.” She said the commitment to sustainable development, particularly below the water, was crucial for small islands like Cayman. – Turtles are a major attraction for divers and snorkellers and are now worth many times more alive than dead. Turtles still crucial to Cayman’s economy From consumption to conservation Marine turtles have become an icon of the Cayman Islands and efforts are being made to restore and preserve depleted populations. cayman compass 8 I issues MONDAY, 13 JANUARY 2020MICHAEL KLEIN mklein@compassmedia.ky Two separate discovery applications filed in the US by a Brazilian state attorney allege that the Brazilian owners of the world’s largest meat- processing company, JBS S.A., used Delaware company Blessed LLC and its Cayman Islands parent company Blessed Holding (Cayman) as vehicles for illicit funds. The court applications are part of a ‘popular action’ that is pending in Brazilian federal court against brothers Joesley and Wesley Batista and their companies to recover billions of dollars of public funds, which the Batistas allegedly obtained through a bribery and corruption scheme. The Batista brothers spent about six months in jail in 2017 and 2018 after the large-scale investigation in the country, known as Operation Car Wash, exposed their role in a vast corruption and bribery scandal. In May 2017, the brothers entered into a plea agreement which granted them more lenient treatment in return for revealing what they knew about the scheme. Joesley Batista admitted to bribing more than 1,800 politicians, including three former Brazilian presidents, through the family holding company J&F Investimentos, which agreed to pay $3.2 billion in penalties and fines. Last year, a Brazilian Parliamentary Inquiry Committee found that some kickbacks were paid to obtain about $2 billion in loans and financing for JBS from the Brazilian Social and Economic Development Bank (BNDES), which became the company’s second-largest shareholder. Since 2003, subsequent Brazilian governments had used the development bank in an effort to turn local companies into ‘national champions’ and multinational enterprises. The Brazilian federal proceeding alleges, citing evidence from the Parliamentary Inquiry, that São Paolo stock market-listed JBS and the Batistas used illicitly obtained funds to make acquisitions in the US and to acquire Brazilian competitor Bertin in a 'sham merger'. The transaction, through a share swap, allegedly overvalued the rival company and then recouped the overpayment through a secret 'off-the-record contract' that transferred shares in the newly formed company to Blessed LLC for a nominal amount. This also, it is claimed, diluted the shareholdings of minority shareholders such as BNDES. “Through bribery, corruption and other misdeeds, the Batistas secured equity resulting from this over-priced acquisition from government agencies, principally BNDES,” the court filings state. The applications claim that a significant portion of the proceeds paid in the Bertin merger were transferred back to the Batistas through Blessed Holdings LLC, and then transferred to two offshore insurance companies, Cayman Islands-based Lighthouse Capital Insurance Company and Puerto Rico-based US Commonwealth Life, and two other entities located in the Bahamas. In 2013, Tinto Holdings, which held the shares of the Bertin family in JBS after the merger, filed a lawsuit against J&F Investimentos, claiming that shares had been illegally transferred to Blessed, and that this company belonged to the Batistas. At the time, JBS said Blessed was owned by Lighthouse Capital Insurance and US Commonwealth Life. The matter was settled out of court in 2014 and the Bertin family sold their stake in JBS to other Batista family holding companies. The court filings suggest that the shares in the new company were first placed into a Bahamas trust, managed by a Swiss tax lawyer, with two JBS executives named as protectors of the Graal Trust. The shares were then used to fund life insurance policies with Lighthouse Capital Insurance and US Commonwealth Life in the names of Batista family members. The life insurers subsequently funded Blessed Cayman to hold and manage the interests in the policies, the court documents state. This type of structure, which appears to be an offshore insurance wrapper, is often used for legitimate insurance, tax and estate-planning purposes, but it can also be abused for tax evasion and asset protection. After the Bertin merger, Blessed Holding (Cayman) appeared as an indirect shareholder in JBS’s ownership chain. In 2017, JBS informed CVM, the Securities and Exchange Commission of Brazil, that Joesley and Wesley Batista were the beneficial owners of Blessed Holding Cayman, each holding 50% of the company, after it had discovered that the siblings had acquired the stakes in October 2016 for $150 million each. The discovery applications seek information from JP Morgan, which it is claimed had helped set up Blessed LLC and the structure used for the Bertin merger, and from Blessed LLC, which has since been renamed Colorado Investment Holdings LLC. The filings seek access to all documents and communication about the affairs of Blessed Holdings Cayman and Blessed LLC, as well as Lighthouse Capital Insurance Co. and US Commonwealth Life in relation to the Batista brothers, among others. “While the particulars of this extensive fraud and bribery scheme are still being uncovered, there is certainly a valid basis (and compelling interest) for the Applicant to obtain relevant evidence located in the US for use in the Popular Action,” the court filings said. “Indeed, most of the allegations in the Popular Action are drawn from information uncovered by Brazilian investigators or admitted to by the Batistas themselves in plea agreements or testimony. The Applicant needs this US discovery into the creation and use of Blessed, inter alia, to properly trace these illicitly transferred Brazilian public funds to the [named] (and perhaps other) offshore entities and accounts.” In October 2019, Brazilian federal prosecutors applied to have the plea bargain of the Batistas invalidated for breach of trust and insider trading. Prosecutors claim the brothers had illegally traded JBS stock and engaged in insider trading and market manipulation based on details contained in the plea agreement, which had not been publishe at the time. In December 2019, federal prosecutors filed a suit against JBS and 14 others, including Joesley Batista, two former finance ministers and former BNDES president Luciano Coutinho for fraud in connection with the financial support granted to the meat processor. The suit calls for the return of funds and penalties amounting to R$21 billion (US$5.16 billion). Suit to recover public funds seeks info on Brazilians’ Cayman links Operation Car Wash Since 2014, 445 people have been indicted for bribery, money laundering and obstruction of justice in Brazil’s largest-ever corruption investigation. To date, 50 trials have resulted in 158 convictions, including former president Luiz Inacio Lula da Silva, and the recovery of $3.4 billion of public funds. Protesters display banners in Copacabana beach, Rio de Janeiro, Brazil, in August 2015, supporting Operation Car Wash, a police investigation into corruption at Petrobras. 9Next >