Tobago Correspondent
The injunction banning jet ski activities in the Pigeon Point Heritage Park and Buccoo Reef Marine Park, Tobago, remains in place.
An emergency injunction was granted to the Tobago House of Assembly (THA) on April 23 following concerns about continued illegal jet ski operations after the tragic death of seven-year-old Angelica Jogie at Pigeon Point beach. Angelica was struck and killed by a jet ski on April 8 in the bathing-only zone at the popular beach.
During a virtual hearing yesterday, attorney Christlyn Moore, representing the THA and Pigeon Point Heritage Park, said the injunction has served its purpose as the defendants have not been seen in the prohibited areas.
However, she argued that the injunction should remain intact until the issue of safety is fully resolved.
Attorney Samantha Lawson, counsel for six of the defendants, said she was advised that proper demarcation of the marine park boundary is absent.
She said this presented a problem for her clients, who are unaware where they can legally ply their trade.
In the interim, Lawson said they have not been operating their jet skis for fear of breaching the court order.
She said for many of them, this was their primary source of income.
While maintaining the injunction, Justice Sherlanne Pierre said, “We have to balance safety and the bread and butter of the defendants.”
The judge also sought to establish the relationship between the jet ski operators and the THA, and queried why access to the marine park was so important to them.
Lawson explained, “Safety; that area tends to be calmer.”
The judge replied, “The calm waters are now out of reach of the defendants.”
In explaining the request for prohibition at the Heritage Park and Marine Park, Moore noted that operators solicit clients on land and sea.
She said they approach members of the public at the beach and also offer jet skis at the Nylon Pool when reef tour operators carry passengers there.
The judge noted a generally amicable relationship between the authorities and reef tour operators.
Moore said the glass-bottom boats pose a vastly different type of risk than the faster jet skis.
However, Lawson said many tour operators wear multiple hats and offer jet ski services as part of the package.
She also raised a concern that the THA is claiming jurisdiction in the injunction over an area where responsibility lies with central government.
The coordinates of the Buccoo Reef Marine Park are gazetted in the Marine Areas Preservation and Enhancement Act of 1973.
The judge later instructed both attorneys to conduct a site visit to the marine park on or before May 5 to achieve three objectives.
Pierre said they must ascertain whether the boundary for the marine park is clearly demarcated.
“If there aren’t any buoys, we would put some,” she said.
The judge said the boundary must be clear not only for the defendants but the general public, considering “persons unknown” were included among the defendants in the injunction application.
She said if the maritime boundary is clearly outlined, the attorneys must determine whether it complies with the relevant statute.
The judge also ordered the attorneys to discuss the “live issues” surrounding the matter.
She asked Lawson whether her clients had any ideas about how they can operate in a safe environment.
Lawson replied that they have an association and are organising themselves to be better regulated.
The matter has been adjourned to May 27.
