Jamaica Zoo operating in breach of law, says TPDCo
Gavin Riley / Our Today
administrator
Jamaica Zoo is facing fresh questions as the Tourism Product Development Company (TPDCo) has accused the facility of engaging in activities associated with a tourism attraction, despite never completing the process to become licensed to do so under the law.
The TPDCo, responding to questions posed by Our Today this afternoon (May 25), disclosed that the Lacovia-based zoo—by virtue of advertising “water sports services” as recently as March 2022—would have breached Section 2 of the Tourist Board Act (1985).
It was not explicitly stated but assumed that the root of Jamaica Zoo’s breaches stems from its separate base admission fees for tourists as opposed to locals at US$20 and US$10 for adults and children over two years respectively.
Our Today could not independently verify whether Jamaica Zoo’s “water sports services” attracted distinct charges from admissions, as a request for comment was not immediately responded to.
Under the legislation, however, to offer these services to the Tourist Board Act’s definition of a “tourist” would mean Jamaica Zoo Attractions Limited was operating as a “tourism enterprise” without being so approved by the Government.
A breakdown of the steps taken by Jamaica Zoo was detailed as follows:
1. TPDCo began “working closely” with Jamaica Zoo from 2010 with the goal that the company would meet its requirements for a tourism attraction licence and provide the necessary documentation to start the process.
2. Roughly eight years later, in November 2020, Jamaica Zoo first applied for a Jamaica Tourist Board (JTB) attraction licence.
3. On TPDCo’s review at an unspecified time, Jamaica Zoo’s application was said to be punctuated with “discrepancies and missing documents”.
4. Again unspecified, verbal dialogue was had between agents of TPDCo and management of Jamaica Zoo, at which time, a product quality officer was assigned to the facility.
5. Contact was repeatedly made with Jamaica Zoo to provide the requisite documents, without success.
6. TPDCo informed Jamaica Zoo that its application would be returned by June 2, 2021 if no updates were provided.
7. Over five weeks after the agreed date, on July 11, 2021, Jamaica Zoo’s application was packaged and sent back as the update was not forthcoming and no further applications have since been sent by owner and operator Paul Fearon.
—Information provided by the Tourism Product Development Company (TPDCo).
For all intents and purposes, according to TPDCo, Jamaica Zoo’s application is “therefore incomplete”.
The TPDCo also acknowledged the St Elizabeth-based zoo’s two environmental permits issued by the National Environment and Planning Agency (NEPA) but maintained that these are pre-conditions to opening the tourism attraction licensing process.
In fact, the application form, which Our Today was also provided with a copy of, stipulates that Fearon and Jamaica Zoo needed to submit 30 other documents in addition to the NEPA permits, which, to date, are yet to be successfully submitted.
There are additional criteria to complete in Jamaica Zoo’s case as it advertises “waterbased activities” in its services package, which were not completed. Still, Our Today discovered that yet another layer of certifications could be necessary based on “activities being offered” and “all documents must have at least four clear weeks before expiration at the time of application”.
Even greater sanctions lay ahead of Fearon, as the TPDCo advised the facility was also in breach of sections 23A and 24 (4) of the Tourist Board Act.
The two sections speak to Jamaica Zoo’s assumed activities as a “tourism enterprise” being illegal as Fearon is not in possession of a tourism attraction licence. For simply doing so, he could be guilty of an offence under law and liable for conviction in the Resident Magistrate Court.
Jamaica Zoo finds itself at the centre of public and regulatory scrutiny after last Friday’s viral incident that left “contractor” Ricardo Jones without a finger. Jones had the appendage degloved by zoo lion Santa Cruz in a ‘spectacle’ meant to entertain guests taking part in the facility’s customary exhibition tour.
NEPA, which visited Jamaica Zoo alongside the Veterinary Services Division (VSD) and Jamaica Society for the Prevention of Cruelty to Animals (JSPCA) on Monday, said several areas of non-compliance with regulatory standards were identified.
“Issues of animal health and animal welfare were also identified to be addressed,” added NEPA, though it did not elaborate on the concerns in question.
The government agency further advised that at the conclusion of its discussion with the other members of the visiting stakeholder team, a “final action” against Jamaica Zoo would be reached.
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