biodiversity and conservation legislation

what is the Oxford dictionary definition of ecology?

“the maintenance of environmental quality and resources or a particular balance among the species present in a given area.

what is conservation?

implies sound biosphere management within social and economic constraints (i.e., human requirements).

aims to produce goods and services for humans without depleting natural ecosystems service diversity, whilst acknowledging the naturally dynamic character of biological systems.

what is preservation?

protects species and landscapes without reference to human requirements, or the natural change in living system.

what are some of the key international controls on biodiversity?

• RAMSAR convention on wetlands 1971

• world heritage convention 1972

• convention on the international trade in endangered species (CITES) 1973

• convention on the conservation of European wildlife and natural habitats (Bern Convention) 1979

• convention on the conservation of migratory species of wild animals (Bonn Convention) 1979

• UN world charter for nature 1982

• convention on biological diversity 1992

  • convention for the protection of the marine environment of the North-East Atlantic (OSPAR convention) 1992

do international controls have legal power?

conventions are formal treaties and agreements (i.e., obligations) and can be legally binding for the signatories that have ratified or acceded to them.

ratified or acceded nations can be held accountable at the international level.

non-compliance can lead to legal consequences as well as diplomatic pressure and international sanctions.

what are the specific actions that obligations may have?

• monitoring and reporting mechanisms

• enacting domestic legislation or regulations that align with the treaty’s goals or targets

• enforcement of these regulations.

what are signatories?

countries that have expressed their initial support for a specific international convention or treaty by signing the document.

being a signatory doesn’t necessarily entail legal obligations - it means the country agrees with the general principles of the convention and will proceed to its domestic approval process, which may involve ratification.

signatories are not bound by the convention or treaty’s terms until they complete the ratification process.

what is ratification?

formal approval and acceptance of a convention/treaty by a country’s competent authority (legislative body, head of state).

ratification signifies the country’s commitment to be legally bound by the convention/treaty’s terms.

what does the ratification process involve?

may involve the study of the treaty’s compatibility with national laws and regulations.

once the country’s authorities are satisfied, they formally ratify the treaty by depositing the instrument of ratification (a formal act) with the treaty’s depository (a designated international organisation such as the UN).

after ratification, the country becomes a party to the treaty and is legally obligated to adhere to its terms.

what is accession?

countries who did not originally sign a convention/treaty can choose to become a party after it has already come into force.

accession allows countries that may not have been signatories to participate in and be bound by the treaty’s provisions.

what is the process involved in accession?

a country that accedes goes through a process similar to ratification, i.e., its competent authority approves and accepts the convention/treaty. the country then submits its instrument of accession to the convention/treaty’s depository.

why is the convention on biological diversity 1992 an important example?

196 of 198 member parties signed.

Vatican City never signed.

USA signed in 1993 but never ratified - ratification requires a 2/3 majority in the senate.

what are examples of non-compliance with CITES (1973)?

• illegal trade of listed species

• failure to implement domestic legislation

• inadequate reporting - periodic reports on efforts to implement, and failure to provide accurate and timely reports is non-compliance

• violation of quotas and permits

• lack of enforcement - allowing illegal trade to persist without consequences.

what are the consequences for non-compliance with CITES (1973)?

• diplomatic pressure - other parties and intl. organisations may exert pressure on non-complaint party.

• trade sanctions - restrictions on the export or import of CITES-listed species.

• suspension of membership - countries that consistently fail to comply with CITES may face suspension from the treaty.

• legal action - international courts to address non-compliance. taken when diplomatic negotiations and other means of dispute resolution have been exhausted, and other parties believe non-compliance threatens the objectives of the agreement.

what is the IUCN Red List and when was it established?

established in 1964, not a treaty or international agreement.

• globally recognised initiative and database that provides a comprehensive inventory of the conservation status of species and a systematic way to assess and document species at risk of extinction.

what are the European “Nature Directives”?

• directive 79/409/EEC on the conservation of wild birds 1979.

  • aims to protect all European wild birds and habitats of listed species through designation of SPAs.

  • response to Bern convention 1979.

• revised by directive 2009/147/EC on conservation of wild birds 2009.

• revision combines with directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora.

what are the key points from the European “Nature Directives”?

• require member states to take measures to maintain or restore natural habitats and wild species to a favourable conservation status

• protection for habitats and species of ecological importance

• member states are required to take account of economic, social and cultural requirements and regional and local characteristics

• protection of listed Annex I and Annex II species.

  • member states are required to report on the state of their designated SACs every 6 years.

what are SACs?

special areas of conservation (under Habitats Directive)

what are SPAs?

special protection areas (under Birds Directive and wildlife and countryside act 1981)

areas of the most important habitat for rare and migratory birds within the EU.

what are MNRs?

marine nature reserves (under marine strategy framework directive and in the UK the wildlife and countryside act 1981).

what are NNRs?

national nature reserves (UK national parks an access to the countryside act 1949; and the wildlife and countryside act 1981).

managed to conserve examples of important natural and semi-natural habitats and/or for scientific study of the habitat’s communities and species.

what are SSSIs?

sites of special scientific interest (UK wildlife and countryside act 1981; improved protection and management under the CROW act 2000).

statutory protection for the best examples of the UK’s flora, fauna, or geological or physiographical features.

what are AONBs?

areas of outstanding natural beauty (under the national parks act 1949, environment act 1995, and CROW 2000).

primary purpose to conserve natural beauty which includes wildlife, physiographic features and cultural heritage.

what are the key UK legislation for this?

what is the 30 by 30 UK commitment to nature recovery?

protect at least 30% of land and sea for nature by 2030

restore at least 30% of terrestrial and marine ecosystems.

what is the nature recovery network?

major commitment in the government’s 25 year environment plan and enacted by the environment act 2021.

NRN is a single, national ecological network of wildlife-rich places

links to the Lawton Review (2010).

central to the government’s apex goal of improving nature.

how does the environment act 2021 facilitate the NRN?

• enhanced duty for LAs to conserve and enhance biodiversity and report on their actions.

• LPAs will need to comply with the above duty and have regard to the local nature recovery strategy in local planning policy and decisions.

• responsible authorities appointed by the Secretary of State to lead the local nature recovery strategy (LNRS), working with a bread range of stakeholders.

what are Ramsar sites?

convention on wetlands of international importance

not part of the UK national site network

same protection as SACs and SPAs.

what are heritage coasts?

33% of English and 42% of welsh coastline

section of coast exceeding one mile in length that is of:

• exceptionally fine scenic quality

• substantially undeveloped

• containing features of special significance and interest

what are marine conservation zones?

designated under the marine and coastal access act 2009

aims to protect nationally important marine wildlife and habitats

forms part of the international network of marine protected areas linked with European marine sites.

total of 91 MCZs in England waters.

what are marine protected areas (MPAs)?

zones of the seas and coasts where wildlife is protected from damage and disturbance.

designated via marine and coastal access act 2009 and marine (Scotland) act 2010.

meets commitments of the CBD and EU marine strategy framework directive - transitioned after Brexit.

what are protected species?

rare and threatened species protected on behalf of their status, not protected depending on the designation of the habitat.

protection provided under the the wildlife and countryside act 1981

• provisions for the protection of species by listing them on various schedules.

• species listed on schedule 1 receive the highest level of protection.

all UK wild birds, nests and eggs are protected (live or dead)

all bats and roosts are protected (including empty roosts).

what is BNG?

biodiversity net gain - approach to development that aims to leave the environment in a measurably better state by creating or enhancing habitats in association with development.

intends to reinforce and complement the mitigation hierarchy.

aims to create new habitats and enhance existing habitats to contribute towards better green and blue networks to support wildlife.

what is England’s approach to BNG?

environment act 2021 mandates that for planning permissions to be granted, developments will have to deliver at least 10% BNG from 12th February 2024. habitats will need to be legally secured for min. 30 years.