In Dominica, one of the most effective tools for enforcement is compounding of penalties. Compounding is a process of levying fines and penalties against an offender for offences in a State-owned forest. It is an administrative process, and imprisonment cannot be imposed in compounding. Compounding is effective due to direct “in house” penalties that are established through environmental laws and laws relating generally to penalties. Also, it avoids what can be a prolonged legal process involving the courts. [In addition to compounding, there is the possibility of seeking both a fine and imprisonment through the courts. This conveys the public stigma that the environmental violator is a serious criminal. It also sends an encouraging sign to forest officers that their efforts to enforce the law are being effective.]
Administrative officials have the power to levy fines in an efficient manner. For example, for CITES violations and other environmental infractions relating to forestry and fisheries, the Director of the Forestry, Wildlife, and Parks Division can take the offender to his office and decide the case then and there. The penalties that the Director can levy include confiscation and fines. The Ministry of agriculture and the Environment does not hold onto the fines and is not able to use those funds for environmental protection efforts; instead, the funds are deposited into Government’s general revenues.
To avoid abuse or corruption, the monies collected for fines are received via receipts and accounted for as sources of Government revenue. In addition, the Director is a junior accounting officer and holds a legal position in the national enlistment (who has an official legal mandate).
For more information, contact Mr. Eric Hypolite at forestry@cwdom.dm