Cayman Islands

This week guest writer Charlotte Morrish explores animal law in The Cayman Islands.

Introduction

The Cayman Islands is a British Overseas Territory in the Caribbean, consisting of three islands which are home to approximately 80,000 people. Being small islands with limited agriculture, the legal framework pertaining to animals is primarily aimed at protecting native species (notably the blue iguana) and preventing cruelty to other animals, the majority of which are cats and dogs. Like many of its Caribbean neighbours, the Cayman Islands is home to numerous unwanted companion animals, and cultural attitudes against spay and neuter and in favour of allowing dogs to roam, for example, expound the overpopulation issues.      

With a substantial expatriate population due to its status as a global financial services centre, and a thriving tourism industry, the Cayman Islands government collected a record-breaking CI$1 billion in revenue in 2022, resulting in a substantial operating surplus. Cayman is one of the world’s highest ranked countries based on real GDP per capita. However, despite the country’s relative wealth, poor animal welfare remains a significant challenge. The Animal Welfare and Control Services Agency falls within the remit of the Department of Agriculture but operates with limited personnel and resource (a Freedom of Information (“FOI”) Request Response from Department of Agriculture 22 November 2023 confirmed that, as at that time, they only employed one Animal Welfare Officer and the budget for the Animal Welfare and Control Services agency was KYD$14,400 (approx. £14,000), meaning that the burden of addressing the overpopulation of cats and dogs, and the consequent animal welfare problems, falls largely on local animal charities. A lack of suitable homes due to pervasive “no-pet” rules in the rental market and a transient population exacerbate the overpopulation issues. The Cayman Islands Humane Society, the Islands’ largest animal welfare charity and operator of the Islands’ only animal shelter, rescued 540 dogs and cats in 2023. It also conducted 906 spay/neuter surgeries, treated 139 animals for heartworm and administered 3620 vaccinations and de-wormers. 

Animal Welfare Law

The primary piece of legislation concerning animals, including their welfare, in the Cayman Islands is the Animals Act (2024 Revision) (“the Act”). The Act is divided into a number of parts dealing with particular areas including: Import and Export of Animals; Control of Diseases of Animals; Improvement of farmed animals; Licensing of Dogs; Nuisances by, and Control of, Animals; Protection of Animals and Wild Life.

The Act also establishes an Animal Welfare Advisory Committee (section 66), comprising six members including the Director of the Department of Agriculture, a member from the Cayman Islands Humane Society, the Cayman Horse Association, the Agricultural Society, the Police, and a member of the general public with a demonstrated interest in animal welfare. The Committee is mandated to meet at least once every two months (section 69) and is responsible for, amongst other things, advising the minister responsible for agriculture on policy matters relating to the care of animals, and educating the public on the care of animals (section 67).

Sections 70-77 of the Act are concerned with preventing cruelty to animals. Section 70(1) creates the offence of cruelty and specifies the ways in which this may be committed, including by “wantonly or unreasonably” causing unnecessary suffering (section 70(1)(b)) and by tethering or confining an animal in such a way as to cause unnecessary suffering (section 70(1)(f)).

Section 70(3) goes some way to imposing a positive duty, but stops short of being akin to the UK equivalent in section 9 of the Animal Welfare Act. It requires that the “owner of an animal who leaves an animal on premises shall ensure that there is a person on the premises or a person who will visit the premises to maintain that animal, and that the animal- (a) has access to drinking water and food; (b) has access to accommodation which is suitable as regards drainage, size, cleanliness and ventilation; (c) is able to move freely; and (d) has reasonable shelter against the sun and rain.” The use of the word “maintain” suggests that the Act is focused on ensuring the basic survival needs of the animal, rather than its welfare needs. 

Despite the Cayman Islands Government stating that all animals “are entitled to a standard level of care… in accordance with the principles of the Five Freedom” the legislation falls short of enshrining the Five Freedoms and there is a notable absence of any requirement for animals to be able to express normal behaviours.

An area of significant concern in terms of animal welfare is responsible dog ownership. Here, there is a conflict between equally concerning issues: dogs who are left to roam the streets freely, and dogs who are tethered outside 24/7. The Department of Agriculture’s own guidance recommends tethering dogs instead of allowing them to roam, but this is perhaps at odds with the reference to freedom of movement under section 70(3)(c) and the offence of cruelty by tethering which causes unnecessary suffering under section 70(1)(f).

All the aforementioned offences are triable summarily and punishable by a four thousand dollar fine and imprisonment for one year. 

Other offences in the Act include fighting or baiting (section 71), transporting an animal in a manner which causes avoidable or unnecessary pain or suffering (section 72), causing unnecessary suffering whilst killing (section 74), and tail docking of horses (section 75), all of which are triable summarily and punishable by a five hundred dollar fine and imprisonment for six months.

Of particular concern is the lack of an enforced licensing regime for breeders. Despite section 29 of the Act making it an offence to breed “pet animals” without a licence (punishable by a fine of up to ten thousand dollars) the government was slow to implement a licensing regime, and in response to an FOI request in October 2023 asking how many breeding licenses were held at that time, the response was “assume nil”. This lack of effective oversight and enforcement has significant implications for the overpopulation issues, and for the welfare of bred animals. 

Recent developments

In February 2023 a new set of Regulations came into effect pertaining to “alien species” which include, inter alia, feral cats. In fact, the definition of “alien species” is very broadly drawn to essentially include any animal not present on the Islands prior to their discovery by humans (and on one reading, could even include humans!). The Regulations make it illegal to feed these alien species (section 18) or to trap, neuter and release them back into the wild (section 17). The effect is therefore to mandate the necessary suffering of feral cats but prohibiting members of the public from feeding them, and further to prohibit “trap neuter release” programmes by animal welfare organisations. The Regulations also permit private persons to destroy alien species themselves, including feral cats. 

The Regulations were condemned by the Cayman Islands Humane Society and widely criticised by the public. They are currently stayed pending a judicial review by another animal welfare NPO, Feline Friends, on the grounds that they are unlawful, irrational and incompatible with the Cayman Islands Constitution. Leave was granted and the full hearing is awaited. 

Enforcement

Despite a general lack of enforcement of animal cruelty offences in the Cayman Islands, according to a statement from the Government, the community “wants to see animals better protected and appropriate consequences administered for those who fail to comply with their legal requirements”. In a recent case involving a dog called Wilbur who was found extremely emaciated and died shortly after being rescued, the owner was sentenced to five months’ imprisonment following a trial. In sentencing the defendant for an offence under section 70(1) of the Animals Act, Magistrate McFarlane observed that this was “one of the most serious cases of animal neglect” that she had seen and that the sentence was designed to “send a clear message, that of deterrence”.

Another case which received widespread local attention concerned the death of a police dog, K9 Baron, who died after being left in the sun without access to food or water when a police constable failed to raise a sliding gate separating the indoor and outdoor sections of the kennel. The constable was acquitted of a charge under section 70(1)(b), the Magistrate having found that the reference to “wantonly and unreasonably” in the statement of offence required the prosecution to prove ill intent on the part of the defendant, a burden which they failed to discharge in the circumstances of this case. 

Despite the acquittal in K9 Baron’s case, the investigation and prosecution of these two offences demonstrate an increased public demand that animal welfare laws will be enforced. 

Conclusion

Notwithstanding its relative wealth, the Cayman Islands faces similar animal welfare challenges to other small island nations. Whilst it benefits from having animal welfare laws in place, including to establish an Animal Welfare Advisory Committee, and a robust judicial system, with very few cases resulting in prosecution to date, the effectiveness of this legislation has not been properly explored through the Courts. In any event, there appears to be scope for significant improvement in the protections afforded to animals in the Cayman Islands through further legislation which expressly enshrines the Five Freedoms, and, as with the UK, expressly recognises animal sentience.

Getting advice

This post is not legal advice and should not be relied on as such. If you require legal advice on animal protection laws please contact info@advocates-for-animals.com.