Keeping an eye on the regulations and the level of human activities compatible with the goals of La Réserve

Saisie d’un engin de pêche illégal : casier non-immatriculé | Seizure of an illegal fishing device: unregistered trap

Action SP2 : Continue and strengthen the environmental policing missions

During the year 2023, the commissioned and sworn agents of the reserve carried out 204 sea patrols, identifying 24 non-compliant controls: undeclared commercial companies, unauthorized nocturnal moorings, fishing activities, drone usages, prohibited in this protected space.

Note: For pleasure boaters wishing to moor at Tintamarre in the evening, the AGRNSM reminds of the need to submit a request at least three days in advance.

152 terrestrial patrols took place, resulting in 24 non-compliant controls: kite surfing on Galion beach, drone usages, shoreline fishing, areas where regulations aim to protect endemic fauna and flora...

An official report was issued by the environmental police unit on November 21 against a commercial company whose French-flagged boat was operating without authorization in the waters of the natural reserve.
A Sint Maarten company owning several motorboats was suspended from operating in the natural reserve for two weeks. This sanction followed a violation of the mooring regulations, which require anchors to be placed more than 20 meters from the beach of Tintamarre. The boat in question had anchored only 10 meters from the beach, endangering the marine ecosystem and the safety of swimmers.

Police Blotter

Tintamarre

Action SP2

Pursue and Strengthen Environmental Police Missions

In the first trimester of 2023, Police Department agents did 123 patrols at sea, 13 of which did not comply with regulations: non-declared commercial businesses, nocturnal mooring without authorization, and especially the discovery of six traps full of lobsters.

Note: Recreational boats wishing to spend the night at Tintamarre must request permission from the Réserve two days in advance.

A total of 96 terrestrial patrols also took place, of which nine did not comply: kite surfing on the beach in Galion; fishermen on foot along the coast; and the use of five quads on the Baie de l’Embouchure. Penalized on site, the five tourists were fined between 90 and 135 euros by the gendarmes.

Long Bay: Protection Decree Not Respected

Baie Longue

Action SP2

Pursue and Strengthen Environmental

In early June, an eco-volunteer for sea turtles reported repeated traffic of heavy construction machinery on the beach in Long Bay, the most important site on the French side where the sea turtles lay eggs; a site that has been protected since 2019 by a biotope protection decree.

On the beach, Julien Chalifour and Clément Bonnardel observed this ongoing use of machinery between the public parking lot and a building site to reinforce the cliffs by La Samanna hotel. After verification, it turns out that the project had administrative authorization, but did not have an exemption in terms of protected species that would have permitted the use of such machinery at an egg-laying site, especially at the high-point of the season. Julien Chalifour and Clément Bonnardel also noted that the vehicles were not driving on the wet part of the beach, where nests are never found, nor did they use the same tracks each time. Instead, they were driving on the dry part of the sand, which is better for the nests, and even on one of the rare zones which still has vegetation, an important element for the egg-laying of the hawkbill turtles. Started in June, the work was completed in the month of August, but was subject to a written report, co-edited with the support of the staff at the OFB before being sent to the prosecutor. This case recalls that of Karacoli, on the Grande-Anse egg-laying site in Deshaies in Guadeloupe, which resulted in a conviction in April 2023. Long Bay: Protection Decree Not Respected

Évolution de l’arrêté de chasse | Evolution Of Hunting Laws

Action MS8

Initiate a reflection on the evolution of regulations related to hunting

Julien Chalifour, expert consultant for the departmental hunting commission in Guadeloupe, participated in a meeting on April 16 to discuss current hunting regulations. The goal was to define which species should be taken into consideration by a new decree in order to increase their protection or exclude hunting zones, in a temporary or permanent way. This meeting was also an opportunity to present the work carried out by Vincent Lemoine, commissioned by the LPO as part of the Life Biodiv’OM program on Saint-Martin, to monitor and identify the ZICO—Zones of Interest for Bird Conservation in Saint Martin. Stay tuned.

– Action SP2 Continue and Reinforce Missions by the Environmental Police – Action SP3 Reinforce Collaboration Among The Various Police Forces – Action PA 2 Educate The Population About The Protection Of Marine Turtles

Sindextour: Charges Dropped By The Court

On May 19, the correctional court finally dropped the charges against the representative of the company, Sindextour, accused of destroying essential habitats for sea turtles on the beach in Orient Bay, during the post-Irma reconstruction of restaurants, as well as the collection of sargassum seaweed. The case was originally based on constatations made by official agents of AGRNSM (Association for the management of the National Réserve Naturelle of Saint Martin), by requisition of the vice-prosecutor of Saint Martin with the support of the Research Section of the gendarmerie, in June 2020.

Action SP2 Continue to reinforce the role of the Environmental Police

Melocactus intortus

The Réserve Authorized To Report Infringements To The Environmental Code

Requisitioned by the prosecutor and at the request of the research section of the gendarmerie, the Réserve Naturelle is authorized to report infringements of rules concerning protected species and milieux, especially such species as sea turtles and Turk’s Head cactus, on the beach in Orient Bay. These infringements to the environmental code, as reported by agents of the Réserve, were committed during the rebuilding of five beach restaurants. All of the beaches of Saint Martin are considered as sites for egg-laying by sea turtles, and as a result, protected. Which means that all development and use of the beaches is restricted in order to promote the conservation of the sea turtle population.

Action SP2 - Environmental Police Activities

On November 3, the Réserve once again blocked the entrance to Galion with large rocks. The rocks that had been put into place to block that access a few years ago had been anonymously moved in the meantime, and a large number of rental quads were driving onto the land. All of the companies based in Philipsburg that rent quads have been informed that their vehicles will be seized if they continue to adventure into the Réserve Naturelle.
A rudimentary cabin built by the mouth of the Baie de l’Embouchure was destroyed on August 13 by agents of the Réserve Naturelle. The area surrounding the hut was cleared of cans and other debris left by those who had used it temporarily.

Action IP1 Control quality and quantity of activity on sites of sea plant beds | Action PA1 Train commercial operators in national nature reserves

Au mouillage au Rocher Créole

The Réserve sent an important message to all nautical professionals whose activity takes place in the waters of the Réserve Naturelle. On September 16, 2021, the director of the Seas of Guadeloupe sent out a press release putting an end to the tacit annual renewal of authorization to do business in the marine park of the Réserve Naturelle. The professionnals were also informed that they had to pick up a dossier at the Réserve office, fill it out, and return it to the Réserve before October 15, 2021. The press release indicated that a technical committee comprising the Réserve Naturelle and the appropriate French governmental services would select the dossiers that merited an authorization, good for one year. It was also noted that this authorization could be suspended in the case of irregularities observed by the Réserve or other competent parties.

These new authorizations also led to the creation of a list of boats permitted and authorized—or not—to work in the waters of the Réserve. This list was submitted to the maritime surveillance brigade.

On November 9, Réserve agents repaired the safety rope placed in the water to protect swimmers close to the dock on Pinel.

Action IP4 Monitor and intervene in the case of anthrotopic pollution

On October 11, alerted by an eye-witness, the Réserve removed a very long, heavy fishnet that was caught on the reefs near the beach in Baie Rouge, not far from “David Hole.” This task was financed by the Megaptera association.

Action SP1 Carry out surveillance patrols in marine, terrestrial, and lacustrine milieux in the RNN

Police Activity From June 1 through December 31, 2021, there were 97 controls done on land: 88 of which were in compliance; nine were not.

Decree - Action IP1 Limiting qualitative and quantitative use of sites where the stakes are high

Carte de la Réserve

A new prefectural decree regulates practices and commercial activities in La Réserve Naturelle Facteur clé de réussite 1 : Veiller au respect de la réglementation et à une pratique des activités humaines compatible avec les objectifs de la Réserve Un arrêté

At the previous advisory committee meeting in 2020, the members validated the signature of a prefectural decree that would clarify public practices and commercial activities in the protected marine and terrestrial zones within La Réserve Naturelle de Saint-Martin. This went into effect on July 23, 2020. This new dictate augments ministerial decree 98-802 dated September 3, 1998, which created La Réserve Naturelle de Saint-Martin. All of the regulations for La Réserve and a list of protected zones within La Réserve Naturelle de Saint-Martin can be found online: https://reservenaturelle-saint-martin.com/fr/decrets

Action SP1 : Carrying out surveillance patrols in the marine, terrestrial, and coastal zones of the RNN

During the period of confinement, the Réserve Naturelle has maintained its surveillance activities on land and at sea, in order to enforce the regulations. Several individuals who tried to take advantage of the confinement situation to go fishing in the waters of the Réserve or engage in a commercial activity were obliged to abandon their plans after being reprimanded by the Réserve, which works in close collaboration with the nautical brigade of the national gendarmerie.

Environmental Police Activities

In 2019, the technical office and nature police of the Réserve Naturelle carried out 423 patrols from January through December 2019: 306 patrols on land and 141 at sea. Of these patrols, 398 were in accordance with the regulations, and 15 were not—10 on land and 15 at sea. From January 1 through May 2020, the same group carried out 108 patrols, 50 at sea and 58 on land. Of these patrols, 93 were in order, 18 were not—7 on land and 8 at sea. They resulted in four tickets: for leaving trash at Galion; an unauthorized charter activity; two illegal fishing operations during confinement, as well as several reminders of the law for the use of a dune buggy, practicing kite surfing, using a fishing rod, and allowing dogs off leashes.

Action IP4 Monitor and respond to environmental pollution

Avant... Before..

865 kilos of tile dumped at Galion

On February 19, 2020, the Réserve Naturelle had to remove 865 kilos of broken tile that had been dumped illegally at Galion by a professional builder, and carted to the ecosite at Grandes Cayes. Luckily, an eyewitness was able to note the license plate of the vehicle used by the offender. The Réserve Naturelle lodged a complaint that was sent to the public prosecutor.

SP2 Continuing Environmental Police Missions

36 lambis sortis de leur coquille 36 conch out of their shells

Poaching of protected species

On April 21, 2020 at around 2pm at Galion, a guard of the Réserve Naturelle surprises two individuals coming out of the water with masks snorkels, and fins, and heading toward a vehicle. The guard reminded them that swimming is prohibited during confinement and fishing is also forbidden in the waters of the Réserve. He then backed off, but with the intention of coming back to the site. A few minutes later, he saw the two men running toward him, each with a large bag in his hand, and split off into two different directions. The guard called the gendarmerie, where no one was available to help, but a territorial police car arrived just in time to give him a hand. He caught one of the fugitives hiding in the mangrove, without the bag, and turned him over to the police, and then found the bag a little later, Inside were 36 conch already removed from their shells, two red helmet shells still alive and a giant triton also alive. The man admitted to having caught these protected species and provided his identity as well as that of his accomplice. A report has been sent to the prosecutor and the two poach will be called before the judge, not only for having caught these protected species, but having done so in the waters of the Réserve Naturelle. The guard put the living shellfish back in the water as well as the dead conch, in two different places in the bay.

Fishing is strictly forbidden in the Réserve Naturelle and the acts committed by these two poachers are even more illegal as conch is a protected species. Amateur fishermen are prohibited from taking them, at all times and in all places. Fishing for conch is limited to professional fishermen between October and December, an only outside of protected zones, it goes without saying. When it comes to illegal fishing of conch or illegal possession of this shellfish, the offenders are subject to administrative fines and penal sanctions that as high as 22,500€ and six months in prison.

Seizing a fish trap

On April 29, the Réserve seized a trap recently placed offshore by the beach of Coralita, in the middle of the Réserve Naturelle. The fish were set free and the trap destroyed and transported to the eco-site at Grandes Cayes.

Illegal fishing during confinement

Pêche illégale pendant le confinement

On May 1, while the island was under full confinement, the Réserve surprised four fishermen who arrived at Pinel by kayak. All very young, at first they denied that they had been fishing then had to admit their crime after two underwater spear guns and the fish they caught were found. The kayak, as well as their fishing gear, was seized, and the Réserve reported them for illegal fishing.

Welcome to the commandant of the gendarmerie

Bienvenue au commandant de gendarmerie

The staff at the Réserve Naturelle met with Stéphan Basso, the new commandant at the gendarmerie, who arrived on the island on August 1, replacing Sébastien Manzoni. The brigade chief voiced his interest in the various missions assigned to the rangers and assured the Réserve that it can count on the support of the gendarmerie, especially in the identification of scofflaws. Basso also invited the Réserve to be present when the next group of mobile gendarmes arrives on November 6, and to make a 30-minute presentation at that time, to best inform the new arrivals about the challenges encountered at the sites that are officially part of the Réserve Naturelle de Saint-Martin.

The Réserve invited to attend police meetings

Since November 23, 2019, the Réserve Naturelle de Saint-Martin has been attending police meetings at the prefecture once a month, at the request of the prefect Sylvie Feucher. The police activity report for the Réserve is presented at these meetings. To date, since the beginning of the year, the Réserve police have accomplished 60 controls at sea that were in compliance and eight that were not, as well as 237 terrestrial controls in compliance and 17 that were not. For the most part, the infractions to regulations are minor, such as anchoring in a sea plant bed, use of a quad, dogs on the loose, or kite surfing at Galion.

2500€ in damages and interest in favor of the Réserve Naturelle

La Réserve Naturelle was a plaintiff in a civil suit concerning illegal fishing, with Franck Roncuzzi, director of the technical department of the nature police representing the Réserve as its legal entitity. The case dates back to May 14, 2019, when a patrol from the gendarmerie found a fisherman on the beach in Grandes Cayes, right in the middle of the Réserve Naturelle. Inside the fisherman’s car, they seized two lobsters, a slipper lobster, two fish, and an underwater spear gun. Judged for maritime fishing in a prohibited zone and leisure fishing without marking his presence by a buoy, two infractions worth fines up to 9000 and 1500 euros respectively, the fisherman was condemned to pay 500 and 250 in fines, as well as 2500 euros in damages and interest to the Réserve naturelle.

The Minister of Ecology has published a directive recommending that managers of natural sites to bring an independent action for damages in cases that infringe on the environment, so that the guilty parties participate financially in the compensation of loss to the biodiversity for which they are responsible.

Kite Surfing at Galion: A Second Reprimand For A Second Violation

Pas de kite surf au Galion - No kite surf in Galion

Since January 1, 2019, the police of Réserve Naturelle have completed 153 patrols on land, of which 141 were in keeping with the regulations, as were 35 of the 39 patrols done at sea. The only reprimand was addressed to the president of the Tropikite association on April 14, when a group of kite surfers assembled on the beach in Galion, in spite of an order from the prefect prohibiting the sport at this protected site. A first such assembly was given the same warning, and the person incriminated was interviewed by the gendarmerie, which sent the report to the prosecutor’s office. Please note that kite surfing is authorized throughout the Réserve Naturelle except over the waters of Galion bay, which is a site set aside for family activities, swimming, and nautical activities that do not present a danger for those using the site.

The Story Of A Horse

Residents notified the Réserve Naturelle when they saw a horse on the land at Babit Point— land that belongs to the Conservatoire du Littoral and is managed by the Réserve. The veterinary services went to see about the horse, accompanied by agents of the Réserve and territorial police. Brought to the site by its owner, a resident of Oyster Pond, the animal had been left in an enclosure made of rebar and barbed wire, in the full sun, close to a shelter without a roof implanted illegally by its master. Present during the control, the owner was informed that he was using land belonging to the Conservatoire du Littoral without authorization. He explained that he had to quickly remove his horse from its previous quarters, and that he planned to move it again soon, but not sooner than two months. He was told he had a short window to contact the owner and request temporary use of the site—otherwise the horse must be removed. He opted to move his horse to private land that had the same conditions, but leaving behind the enclosure and the shelter. Existing regulations forbid leaving equines in the open air without providing the proper facilities to avoid any suffering in case of climatic variations. It is also illegal to place animal or vegetal species on a protected natural site.

The Réserve Only Responsible For Its Own Land

A lot of criticism has been directed at the Réserve Naturelle, claiming “they aren’t doing anything,” when it comes to the container sitting on the side of the Coralita road, in the parking lot for the whale observatory. However, the container is sitting on private land and the Réserve is not authorized to act. The Operations Committee of the Environmental and Urbanism Police (COPOLENU) discussed the issue at great length to rule on the jurisdiction of the Collectivity in this matter. The Collectivity then sent a letter to the owner of the property. Stay tuned for the end of the story.

Two Boaters Rescued

Called by the CROSS Antilles Guyana on February 15 close to 1:30pm, two agents of the Réserve Naturelle went to the rescue of two boaters in danger within the waters of the Réserve. Coming from the Dutch side toward Pinel aboard their 40’ cabin with its two powerful motors, the two men aboard went too close to the reef at Grandes Cayes and hit the coral reef before finding themselves immobilized and unable to maneuver, taking a lot of water into the hull and their propellers bent. Franck Roncuzzi and Julien Chalifour leapt to their aid aboard the Contender belonging to the Réserve and succeeded in towing the boat as far as the bay in Cul-de-Sac. The owner, an 82 year-old American, spent the night aboard to avoid having his boat sink, and had it towed the next day to a shipyard in the lagoon.

10 Non-Compliant Police Controls

From February 1 through May 31, 2018, the rangers of the Réserve Naturelle conducted 95 controls that were compliant to regulations, while 10 other controls proved non-compliant:

Presence of a jet ski in Galion Bay
Kite surfing by three people in Galion Bay, where this activity is prohibited by order of the prefect
Four individuals surprised while fishing in the waters of the Réserve
Two drones flown without authorization within the Réserve Naturelle

No charges were filed while the laws were repeated to the offenders.

Pinel - Action IP1 Limiting qualitative and quantitative use of sites where the stakes are high

Fiche du suivi scientifique de la station récifale de l’îlet Pinel présentée lors du comité consultatif. Cf.RA 2020

Evaluation of the anthropic impact of activities on the island of Pinel

Located within the perimeter of La Réserve Naturelle de Saint-Martin, in the heart of the protected marine zone, the restaurants on the island of Pinel are extremely popular with residents as well as tourists. They are part of the “post card” of tourist attractions on the French side, and spearhead tourism in Saint Martin along with the area developed around Orient Bay. Their economic importance comes from the generation of important direct and indirect revenues. These activities, and the numbers of people who go there, mean that there is an ecological hit, especially in terms of the marine milieus close by. Scientific studies—presented to the members of the advisory committee—show a correlation between the deterioration of these aquatic milieus and the anthropic activities requiring pumping of sea water, desalination, waste treatment, added to the numerous boats, usage of anchors, and public activities, all of which are factors leading to damage of the underwater sea beds and the coral. In this light, the management association of La Réserve Naturelle de Saint-Martin works toward the signing of a partnership agreement with the commercial entities on Pinel, so that they can actually see the impact that their activities have on natural sites, and they will participate in their projection in order to diminish, or even eliminate, the recognized impact that these activities have on protected areas. In addition, the businesses are invited to approach the services of the management association of La Réserve Naturelle so that they can study together the actions that will be put into place to curb this process, which will consist primarily in the realization of the actions listed in the management plan: creation of mooring zones; better reception of the public; scientific studies, development of programs to restore the underwater sea plant beds…

L’éclaircissement du couvert d’herbiers est formellement identifié sur les zones de mouillage - Clarification of underwater sea plant coverage is formally identified in mooring zones

Réserve Naturelle Nationale de Saint-Martin

3 rue Barbuda, Hope Estate- 97 150 Saint-Martin
Tél: 05 90 29 09 72 Fax: 05 90 29 09 74

Facebook: www.facebook.com/Reserve.Naturelle.StMartin

Direction: direction@rnsm.org
Pôle police de la nature et logistique 06 90 57 95 55 reservenat.franck@yahoo.fr
Pôle scientifique 06 90 34 77 10 science@rnsm.org

Partenaires techniques et financiers de la Réserve naturelle

Partenaires techniques et financiers de la Réserve naturelle : Préfecture de Saint-Barthélemy et de Saint-Martin, Direction de l’environnement, de l’aménagement et du logement (DEAL), Collectivité de Saint-Martin, CAR-SPAW, Agence des aires marines protégées, IFRECOR, TE ME UM

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Keeping an eye on the regulations and the level of human activities compatible with the goals of La Réserve