Biodiversity and Conservation of Wildlife and Natural Habitats
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Chapter 21 Biodiversity and conservation of wildlife and natural habitats Raúl Castroa, Ainhize Uriartea, Amalia Martínez de Murguíab and Ángel Borjaa a AZTI Foundation, Department of Oceanography and Marine Environment; Herrera Kaia, Portualdea s/n, Pasaia, Spain b Sociedad de Oceanografía de Gipuzkoa (AQUARIUM · Plaza Carlos Blasco de Imaz, s/n · 20003 San Sebastián) 21.1. Introduction: the international legislative framework Marine biodiversity management includes both species conservation and marine habitats, by means of an increasing international legislative framework. The international treaties include: the Convention on International Trade in Endangered Species of Wild Fauna and Flora, signed in Washington on 03/03/1973 (CITES; www.cites.org); the Convention on Migratory Species, signed in Bonn on 23/06/79 (CMS); the Ramsar Convention of Wetlands, signed in Ramsar on 02/02/1971 (Ramsar); the Convention on Biological Diversity (Biodiv), signed in Rio de Janeiro on 05/06/1992; and the International Convention for the Regulation of Whaling, signed in Washington on 02/12/1946 (IWCoffice). On the other hand, the Spanish Government signed the Convention on the Conservation of European Wildlife and Natural Habitats, in Bern on 19/09/1979 (Bern Convention), a regional treaty for the European conservation of wildlife and the natural environment, by means of inter-state cooperation. The Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR Convention) was signed also by Spain in Paris, on 22/09/1992. Finally, the Convention for the Afroeuroasiatic Migrating Aquatic Birds Conservation was signed in La Hague, on 15/08/96 (BOE nº 256, 11/12/01). In relation to the European Union, there are two Directives promoting biodiversity conservation: the Council Directive 92/43/EEC of 21 May 1992, on the Conservation of Natural Habitats and of Wild Fauna and Flora (Habitats directive); and Council Directive 79/409/EEC of 2 April 1979, on the Conservation of Wild Birds (Birds directive). Nowadays, a Natura 2000 Network is being developing, based upon Special Zones of Conservation. Finally, at the Spanish level, the marine biodiversity management is based upon Law 4/1989, 27th March, for the Conservation of Natural Habitats and Wild Fauna and Flora, of the Spanish Government; this was modified later by the Law 41/1997 (BOE nº 266, de 6/11/97). These two laws regulate the National Catalogue for Endangered Species. The Spanish Government develops the basic legislative framework on environmental protection, homogenising the application of the law through all the regions. However the development of legislative and executive aspects of the law is the responsibility of the Autonomous 532 CASTRO, URIARTE, MARTÍNEZ DE MURGUÍA AND BORJA Communities. Another important law, related to the protection of the marine environment, is the Coasts Law (BOE nº 181, 29/7/1988). 21.2. Experience in managing marine biodiversity in the Basque Country The entire abovementioned legislative framework has an important influence on marine biodiversity management in the Basque Country. Hence, several laws compile the global interest in the marine environment protection, reflecting the interest of local authorities in marine protection. 21.2.1. The Basque legislative framework The Basque Government manages marine biodiversity through Law 16/1994, for Nature Conservation in the Basque Country (BOPV 30/06/94); this was modified subsequently by Law 2/97 (BOPV nº102, 30/05/97). These two laws regulate the Basque Catalogue for Endangered Species. In turn, the Autonomous Administration approved Law 3/1998, 27th February, for Environmental General Protection of Basque Country (BOPV nº 59, of 27/3/98) whose purpose is “to fix protection rules for environmental resources, regulate administrative interventions in relation to activities with incidence in the environment, including sanctions rules, and to propitiate new feasible formulas to permit approach the environmental protection in society to short, medium and long-term”. This law should respect the European Community right, the international agreements, the Spanish basic legislation (Law 4/1989, Coast Law,...) and, at the same time, should be adjusted to other environmental regulations, such as Nature Conservation and Territorial Management Rules (Guidelines, Partial and Sectorial Territorial Plans). By means of Decree 28/1997 (BOPV nº 29, 11/2/97), the Territorial Management Guidelines (TMG) were approved. These TMG will determine the Basque territorial model, in accordance with Law 4/90, 31st May, for the Management of the Basque Territory (BOPV nº 131 de 3/7/90). These guidelines adopt environmental criteria: on the one hand, for attempting to avoid negative actions on the environment, so that natural resources are exploited rationally; and, on the other, to obtain a suitable quality of life for all citizens. The guidelines “must constitute the general mark of reference for others territorial and urban management instruments”; for that reason, other territorial and urban ordination instruments, such as a Partial Territorial Plans (PTP) and Sectorial Territorial Plans (STP), will follow the same rules. Nevertheless, the Natural Protected Areas in the Basque Country (NPAs) include only sites which correspond to criteria established in Law 16/1994, for nature conservation in the Basque Country (Figure 21.1). For that reason, only two coastal sites are included in the list: the protected biotope of Gaztelugatxe (Bermeo-Bizkaia); and that of Inurritza (Zarautz- Gipuzkoa) (Figure 21.1). However, there are other Natural Areas of Interest such as Urdaibai Man and Biosphere Reserve (declared by UNESCO, in 1984), those selected for inclusion in the Nature 2000 Network (Habitats and Birds Directives), and other natural sites included in lists of Areas of Interest for conservation in Territorial Management (Figure 21.1). 28 21 1 8 9 N 23 33 Butrón 19 24 CANTABRIAN SEA 27 25 estuary 20 10 7 19 18 30 5 31 4 3 34 6 Oka 11 35 Bidasoa 32 Lea 15 26 estuary 12 17 estuary Barbadun BILBAO estuary Artibai 36 13 14 16 SAN SEBASTIAN estuary estuary 22 29 37 38 2 39 01020 Deba Oria Urola BIODIVERSITY CONSERVATION AND estuary Inurritza estuary Scale (km) estuary estuary TMG and littoral STP (Special Protection): Oka (Mundaka or Urdaibai) estuary STP advance of Wetlands (Special Protection Areas): 1. Gaztelugatxe – Matxitxako protection: 32. Barbadún: dune of Arena, salt marshes and sandbanks 2. Dunes and River of Inurritza 18. Unesco Man and Biosphere Reserve of Barbadún, salt marshes of Pobeña 3. Area of Zierbena 19. Ramsar Site 33. Butroi: Txipios, meander between Junkera and Isuskiza, 4. Salt marshes of Pobeña and Beach of La Arena 20. SABC zone Junkera , Palados 5. Salt marshes and terraces of Bidasoa SAC preselected (Natura Network 2000): 34. Lea: salt marshes of Libekua and Mariarrota mill, mud 6. Cliffs of Ulia 21. Protected Biotope of Gaztelugatxe beaches (Zubieta Palace), islets of Libekua and mud 7. Jaizkibel Mountain 22. Protected Biotope of Inurritza beaches 8. Gorliz – Armintza (includes Villano Cape) 23. Coastal areas and salt marshes of Urdaibai 35. Artibai: cliff-coast and salt marshes of Arrabeta-Goitz 9. Arnintza – Bakio (includes Izaro-Ogoño Cape) 36. Deba: cliff-coast, meadow of Casacampo and meander 10. Otoio’s Mountain and Cliffs 24. Cantabrian ilex woods of Urdaibai of Casacampo-Lasao 11. Coastal stream beds of Mendexa – Berriatua 25. Terrace and salt marshes of Bidasoa 37. Urola: salt marhes and dunes of Santiago and islet, salt 12. Cliffs of Mutriku – Saturraran 26. Ulia marshes and mud of mid section 13. Aitzuri – Zumaia Point (Algorri) 27. Jaizkibel 38.Inurritza: any especial protection area out of Protected 14. Mouth of Urola River Basque Catalogue: Biotope area 15. San Antón of Getaria 28. Protected Biotope of Gaztelugatxe 39. Oria: salt marshes of Santiago, Donparnasa and 16. Salt marshes of Oria 29. Protected Biotope of Inurritza Olaberrieta, meadows and salt marshes of Altxerri, 17. Streams of Mendizorrotz Basque Normative: Santiago, Itzao and Saria Oeste 30. Decree 242/1993, BOPV 235, 7/12/93 31. Order 1/3/94, BOPV 56, 22/3/94 Figure 21.1. Areas of natural interest along the Basque coast, under different regimes of protection or proposed for future protection. Key: TMG: Territorial Management Guidelines; STP: Sectorial Territorial Plans; SAC: Special Areas of Conservation. Note: TMG and STP are not yet approved. 533 534 CASTRO, URIARTE, MARTÍNEZ DE MURGUÍA AND BORJA 21.2.2. The study and declaration of marine protected habitats The most important natural area of the Basque Country is Urdaibai, in the Oka estuary (Figure 21.1); it is also the first protected area in this region (1989). Urdaibai has the most restricted Basque normative, thanks to Law 5/1989, 6th July, for Urdaibai Biosphere Reserve Protection and Ordination. The natural values of Urdaibai have international importance and, therefore, UNESCO declared Urdaibai as a Man and Biosphere Reserve (MAB) in 1984; it was included as a Ramsar site, by the Spanish Government in 1992, and, lastly, was included inside Natura 2000 Network in 1994 (Special Protection Area (SPA), Birds Directive). The Urdaibai reserve has 220 km2 (10% of the surface of Bizkaia), including high ecosystem diversity. There are ”Special Protection Areas” having high ecological value, which include: the estuarine system, with their salt marshes, dunes and sandy beaches; extended mountains with Cantabrian holm-oak wood; and the littoral cliffs. Further than its ecological value, the Man and Biosphere Reserve tries to maintain and develop a way of life related to the environment, reconciling the sustainable use of natural resources and human activities (see additional information on the evolution of the resources in Chapter 18, Section 18.4.2). This area has been investigated extensively, as mentioned in Chapter 1, and most of the results obtained for this estuary are presented throughout the Chapters of this book. In November 1993, a scientific meeting relating to the research undertaken on this reserve took place in the University of the Basque Country.