The future of Chief Secretary of the Tobago House of Assembly (THA), Orville London may very well lie in the hands of the All Tobago Fisherfolk Association (ATFA). So said the association’s public relations officer, Curtis Douglas during an interview with the Sunday Guardian at the Golden Thistle Hotel in Tobago. Also present were ATFA president Junior Quashie and fisherman Bill Mander.
On November 17, a Tobago High Court judgment ruled in favour of ATFA against the THA and BHP Billiton over seismic surveys being carried out in waters north of the sister isle. That survey lasted for nine months. ATFA was represented by attorney Deborah Moore-Miggins and Senior Counsel E Prescott represented the THA. The judgment was handed down by Justice Ricky Rahim. The matter commenced in April 2014.
Quashie explained that because of the seismic survey which was carried out, the livelihood of about 1,400 fishermen suffered tremendously. “Before this survey was done, there was supposed to be a series of discussions with all parties but no one spoke to us. From what we understand, talks were held between BHP Billiton and the THA and clearance was given. We had no voice, so we decided to take the matter to the High Court.”
Douglas added that about five meetings were held between the oil company and the THA unknowing to them (ATFA). He said their “bone of contention” was that no compensation was given to the fishermen during the survey period. He felt that it should have been part of the court’s ruling.
Douglas explained that before the survey fishermen, during an eight-hour stint of fishing out in the seas, yielded about 500 to 600 pounds of fish at $20 per pound, “That is on a good day. On and on a bad day, fishermen would catch about 300 pounds. “Now, with the survey, on a good day the yield is only about 300 pounds and on a bad day, about 180 pounds.
“So when all that monies are calculated we are losing by the thousands of dollars a day, which is unfair to us. So, why aren’t we being properly and fairly compensated?” Douglas said subsequent to the ruling, they drafted a letter hoping to have a meeting with London but they are still waiting.
“Mr London now has a golden opportunity to make right and do right for the people of Tobago. He must sit down and discuss the damages and hardship that they have caused in the lives of the fishermen and their families,” Douglas said. “If London don’t meet with us he could very well be history because by the thousands they will refuse to vote for him or support him in any upcoming election,” he added.
Attorney Deborah Moore-Miggins, who successfully represented ATFA, stressed on a major factor—a breach of natural justice—which was highlighted by Justice Rahim. “This is a serious and major factor here. The THA needs to understand that they are not an ordinary group of people but a public body funded by public funds. When you take positions like that and don’t consult with the other sides it sets itself in a position clearly that cannot be filled in the principles of natural justice,” Moore-Miggins said.
“When you do seismic surveys it affects the livelihood and income of the fishermen and also, it interferes with fish life, spawning grounds which are long-term concerns.”
She, however, noted that this was not the first time that the THA had run into problems over seismic surveys. She referred to several years ago where Petro Canada had to pay some compensation to fishermen. Another company, Centrica, she said, understood that the fishermen were prepared to go to court and therefore negotiated with the fishermen in a respectable manner and paid them.
What is Seismic surveying?
It is a vital part of exploring for oil and gas making it critical to producing the energy needed. Oil and gas explorers use seismic surveys to produce detailed images of the various rock types and their location beneath the Earth’s surface and they use this information to determine the location and size of oil and gas reservoirs.
Sound waves are bounced off underground rock formations and the waves that reflect back to the surface are captured by recording sensors. Analysing the time the waves take to return provides valuable information about rock types and possible gases or fluids in rock formations. This is similar to the use of ultrasound in medicine. According to the seismicsurvey.com.au Web site.
The court ruled
It is declared that the decision taken by the Defendant (THA) to endorse the document “Framework for Identifying and Communicating with the Affected Users of BHP Billiton 2014 Deep Water Seismic Survey Area” communicated by letter dated November 15 2013 was made in breach of principles of natural justice and is null and void with no effect.
• Centorari is granted to remove this Honourable Court and quash the decision.
• The Defendant is mandated to withdraw the letter of endorsement of November 15, 2013, in writing addressed to BHPB and copied to EMA.
• The Defendant is mandated to consider the representations by the Claimant should the Defendant embark on a fresh process of deciding whether to issue an endorsement.
• The Defendant is to pay to the Claimant the costs of the claim to be assessed by a Registrar in default of agreement.