To the Honourable Ministers of Law and Legal Reform, Environment, Tourism, Aviation and Investment, and Finance,

I address this open letter to you, compelled by a profound concern for the integrity of our nation’s environmental and legislative framework. As you know, the Law Reform and Revision Act mandates an annual review of our laws and a comprehensive revision every five years. As the Biological Resources and Traditional Knowledge Act (BRTKA) of 2021 approaches its five-year milestone, and in the wake of the recent amendments to the Environmental Planning and Protection Act (EPPA) of 2019, it has become evident that a fundamental re-evaluation is not merely a suggestion, but an urgent necessity.

The implementation and application of these pivotal acts reveal serious inconsistencies that threaten our constitutional rights and the very essence of our Bahamian identity. Specifically, the overreach within both acts appears to stifle the freedoms of conscience and expression enshrined in Chapter III, Article 23 of our Constitution. This is compounded by an unbalanced and prohibitive cost structure for research, which severely restricts the participation of Bahamians in the study of their own natural heritage, ceding this critical work to foreign entities, investors, and research organizations. This imbalance fundamentally undermines the BRTKA’s stated purpose of ensuring the fair and equitable sharing of benefits from our biological resources under the Convention on Biological Diversity and the Nagoya Protocol.

Recent events have laid bare these failures, publicly exposing the fragility of our environmental impact assessment and public consultation processes. Consider these telling examples:

  • The Equinor Oil Spill: Following the catastrophic spill on Grand Bahama, a public statement claimed that only "three birds and one goat" were impacted. This outrageous assertion demonstrates a profound lack of capacity to accurately evaluate our natural history, particularly in a country where over 300 bird species are known to exist. It is a stark reminder that we cannot rely on foreign entities to represent the true value of our environment, nor do we appear to have the domestic expertise within our government to independently verify these claims.

  • The SpaceX Environmental Baseline Study (EBS): The EBS submitted by BRON Ltd. in March 2024 was reportedly withheld from public view for 11 months, surfacing just a week before the first of 20 planned rocket landings was to occur in our waters. The study itself astonishingly claims that no marine mammal research has been conducted in the Exuma Sound, completely disregarding the work of the Bahamas Marine Mammal Research Organisation, which has been active since 2006. The subsequent spectacular failures and explosions of the SpaceX Starship, with debris raining down as far as Ragged Island, serve as a harrowing illustration of the risks undertaken without proper public and scientific scrutiny.

  • The Yntegra Project: The Yntegra project threatens to permanently alter the delicate seascape north of Sampson Cay, Exuma, by cutting into the seagrass and hard bottom habitats. This action not only disregards the potential value of these seagrass beds under the new Carbon Market Act but also directly jeopardizes a local, sustainable business—the Turtlegrass Resort—named specifically for this unique ecosystem. In this instance, as in others, the invaluable knowledge of local experts is being systematically ignored.

  • Lack of Transparency and Access: In every case, public reports and findings have been absent from the DEPP website, making a mockery of the public consultation process. The very restrictions placed on Bahamians seeking to study our own country prevent us from building the baseline data necessary to conduct competent environmental evaluations ourselves.

This pattern of secrecy, oversight, and disregard for local expertise is not merely a series of isolated incidents; it points to a systemic flaw in our governance.

I therefore appeal to you, our elected leaders, to undertake a full and proper revision of the BRTKA and the EPPA to address these critical issues. I urge you to:

  • Establish a Standard for Public Consultation: Mandate the formal and timely publication of all Environmental Impact Assessments on the DEPP website. This simple act would be a profound step toward transparency and public trust.

  • Increase Transparency in Reporting: Require the public release of detailed consultation reports, including the number of community members engaged, to ensure that public input is genuinely considered.

  • Define Research and Study Boundaries: Introduce clear definitions within the acts that delineate the scope of research and scientific study, and ensure that these definitions support, rather than hinder, the work of Bahamian researchers.

This is a defining moment for our nation. The legacy we leave for future generations will be determined by whether we choose to protect our unique environmental and cultural heritage or allow it to be compromised by unchecked foreign and private interests.

In Science and Perspective,

Dr. Ancilleno Davis