In: Yaffa Epstein, Guillaume Chapron, 'The Hunting of Strictly Protected Species: The Tapiola Case and the Limits of Derogation under Article 16 of the Habitats Directive' (2018) 27 European Energy and Environmental Law Review, Issue 3, pp. 78–87
Dans un contexte d'extinction de masse de la biodiversité, on assiste paradoxalement à un « retour » des grands carnivores (ours brun, loup gris, lynx) en Europe. L'on peut alors s'interroger sur la part de contribution des instruments juridiques à la réalisation de l'objectif de conservation de ces espèces. L'exemple de la conservation du loup gris en Espagne, en France et en Suède est au cur de l'analyse, l'étude de cette espèce dans ces trois États étant particulièrement pertinente. Ce succès en matière de conservation d'un grand prédateur est-il un simple hasard ? Au contraire, le droit en est-il en partie la cause ? Le cas échéant, comment et dans quelle mesure a-t-il pu produire ces effets ? La réponse à ces questions peut parfaire notre compréhension du fonctionnement du droit et nous éclairer sur les conditions de son efficacité
Legislation for the preservation of biodiversity has been instrumental to the recovery of multiple species and habitats. The European Habitats Directive 92/92/EEC is one of the strongest legal tools in nature conservation. This Directive seeks to achieve its biodiversity goals by requiring EU Member States to take measures to reach or maintain Favourable Conservation Status (FCS) of natural habitats and species in Europe. FCS is a legal concept, but must be understood and applied by scientists, managers and policy makers, and therefore a proper interpretation of this concept is crucial for biodiversity conservation and wildlife management. However, its definition contains several aspects that can lead to misinterpretation, being the core of controversies in determining whether or not populations have reached FCS. In this review, we provide legal and ecological clarifications of the most contested aspects of FCS that have not yet been conclusively settled by analyzing and weighting a variety of sources. ; Claws and Laws
Legislation for the preservation of biodiversity has been instrumental to the recovery of multiple species and habitats. The European Habitats Directive 92/43/EEC is one of the strongest legal tools in nature conservation. This Directive seeks to achieve its biodiversity goals by requiring EU Member States to take measures to reach or maintain favorable conservation status (FCS) of natural habitats and species in Europe. FCS is a legal concept, but must be understood and applied by scientists, managers, and policy makers, and therefore a proper interpretation of this concept is crucial for biodiversity conservation and wildlife management. However, its definition contains several aspects that can lead to misinterpretation, forming the core of controversies in determining whether or not populations have reached FCS. In this review, we provide legal and ecological clarifications of the most contested aspects of FCS that have not yet been conclusively settled by analyzing and weighing a variety of sources. ; Peer Reviewed
Legislation for the preservation of biodiversity has been instrumental to the recovery of multiple species and habitats. The European Habitats Directive 92/43/EEC is one of the strongest legal tools in nature conservation. This Directive seeks to achieve its biodiversity goals by requiring EU Member States to take measures to reach or maintain favorable conservation status (FCS) of natural habitats and species in Europe. FCS is a legal concept, but must be understood and applied by scientists, managers, and policy makers, and therefore a proper interpretation of this concept is crucial for biodiversity conservation and wildlife management. However, its definition contains several aspects that can lead to misinterpretation, forming the core of controversies in determining whether or not populations have reached FCS. In this review, we provide legal and ecological clarifications of the most contested aspects of FCS that have not yet been conclusively settled by analyzing and weighing a variety of sources.
Over the past 5 decades, scientists have been documenting negative anthropogenic environmental change, expressing increasing alarm, and urging dramatic socioecological transformation in response. A host of international meetings have been held, but the erosion of biological diversity continues to accelerate. Why, then, has no effective political action been taken? We contend that part of the answer may lie in the anthropocentric ethical premises and moral rhetoric typically deployed in the cause of conservation. We further argue that it is essential to advance moral arguments for biodiversity conservation that are not just based on perceived human interests but on ecocentric values, namely, convictions that species and ecosystems have value and interests that should be respected regardless of whether they serve human needs and aspirations. A broader array of moral rationales for biodiversity conservation, we conclude, would be more likely to lead to effective plans, adopted and enforced by governments, designed to conserve biological diversity. A good place to start in this regard would be to explicitly incorporate ecocentric values into the recommendations that will be made at the conclusion of the 15th meeting of the parties to the Convention on Biological Diversity, scheduled to be held in October 2020.
Over the past 5 decades, scientists have been documenting negative anthropogenic environmental change, expressing increasing alarm, and urging dramatic socioecological transformation in response. A host of international meetings have been held, but the erosion of biological diversity continues to accelerate. Why, then, has no effective political action been taken? We contend that part of the answer may lie in the anthropocentric ethical premises and moral rhetoric typically deployed in the cause of conservation. We further argue that it is essential to advance moral arguments for biodiversity conservation that are not just based on perceived human interests but on ecocentric values, namely, convictions that species and ecosystems have value and interests that should be respected regardless of whether they serve human needs and aspirations. A broader array of moral rationales for biodiversity conservation, we conclude, would be more likely to lead to effective plans, adopted and enforced by governments, designed to conserve biological diversity. A good place to start in this regard would be to explicitly incorporate ecocentric values into the recommendations that will be made at the conclusion of the 15th meeting of the parties to the Convention on Biological Diversity, scheduled to be held in October 2020.
Over the past 5 decades, scientists have been documenting negative anthropogenic environmental change, expressing increasing alarm, and urging dramatic socioecological transformation in response. A host of international meetings have been held, but the erosion of biological diversity continues to accelerate. Why, then, has no effective political action been taken? We contend that part of the answer may lie in the anthropocentric ethical premises and moral rhetoric typically deployed in the cause of conservation. We further argue that it is essential to advance moral arguments for biodiversity conservation that are not just based on perceived human interests but on ecocentric values, namely, convictions that species and ecosystems have value and interests that should be respected regardless of whether they serve human needs and aspirations. A broader array of moral rationales for biodiversity conservation, we conclude, would be more likely to lead to effective plans, adopted and enforced by governments, designed to conserve biological diversity. A good place to start in this regard would be to explicitly incorporate ecocentric values into the recommendations that will be made at the conclusion of the 15th meeting of the parties to the Convention on Biological Diversity, scheduled to be held in October 2020.
Many democratic governments recognize a duty to conserve environmental resources, including wild animals, as a public trust for current and future citizens. These public trust principles have informed two centuries of U.S.A. Supreme Court decisions and environmental laws worldwide. Nevertheless numerous populations of large-bodied, mammalian carnivores (predators) were eradicated in the 20th century. Environmental movements and strict legal protections have fostered predator recoveries across the U.S.A. and Europe since the 1970s. Now subnational jurisdictions are regaining management authority from central governments for their predator subpopulations. Will the history of local eradication repeat or will these jurisdictions adopt public trust thinking and their obligation to broad public interests over narrower ones? We review the role of public trust principles in the restoration and preservation of controversial species. In so doing we argue for the essential roles of scientists from many disciplines concerned with biological diversity and its conservation. We look beyond species endangerment to future generations' interests in sustainability, particularly non-consumptive uses. Although our conclusions apply to all wild organisms, we focus on predators because of the particular challenges they pose for government trustees, trust managers, and society. Gray wolves Canis lupus L. deserve particular attention, because detailed information and abundant policy debates across regions have exposed four important challenges for preserving predators in the face of interest group hostility. One challenge is uncertainty and varied interpretations about public trustees' responsibilities for wildlife, which have created a mosaic of policies across jurisdictions. We explore how such mosaics have merits and drawbacks for biodiversity. The other three challenges to conserving wildlife as public trust assets are illuminated by the biology of predators and the interacting behavioural ecologies of humans and predators. The scientific community has not reached consensus on sustainable levels of human-caused mortality for many predator populations. This challenge includes both genuine conceptual uncertainty and exploitation of scientific debate for political gain. Second, human intolerance for predators exposes value conflicts about preferences for some wildlife over others and balancing majority rule with the protection of minorities in a democracy. We examine how differences between traditional assumptions and scientific studies of interactions between people and predators impede evidence-based policy. Even if the prior challenges can be overcome, well-reasoned policy on wild animals faces a greater challenge than other environmental assets because animals and humans change behaviour in response to each other in the short term. These coupled, dynamic responses exacerbate clashes between uses that deplete wildlife and uses that enhance or preserve wildlife. Viewed in this way, environmental assets demand sophisticated, careful accounting by disinterested trustees who can both understand the multidisciplinary scientific measurements of relative costs and benefits among competing uses, and justly balance the needs of all beneficiaries including future generations. Without public trust principles, future trustees will seldom prevail against narrow, powerful, and undemocratic interests. Without conservation informed by public trust thinking predator populations will face repeated cycles of eradication and recovery.Our conclusions have implications for the many subfields of the biological sciences that address environmental trust assets from the atmosphere to aquifers.
Many democratic governments recognize a duty to conserve environmental resources, including wild animals, as a public trust for current and future citizens. These public trust principles have informed two centuries of U.S.A. Supreme Court decisions and environmental laws worldwide. Nevertheless numerous populations of large‐bodied, mammalian carnivores (predators) were eradicated in the 20th century. Environmental movements and strict legal protections have fostered predator recoveries across the U.S.A. and Europe since the 1970s. Now subnational jurisdictions are regaining management authority from central governments for their predator subpopulations. Will the history of local eradication repeat or will these jurisdictions adopt public trust thinking and their obligation to broad public interests over narrower ones? We review the role of public trust principles in the restoration and preservation of controversial species. In so doing we argue for the essential roles of scientists from many disciplines concerned with biological diversity and its conservation. We look beyond species endangerment to future generations' interests in sustainability, particularly non‐consumptive uses. Although our conclusions apply to all wild organisms, we focus on predators because of the particular challenges they pose for government trustees, trust managers, and society. Gray wolves Canis lupus L. deserve particular attention, because detailed information and abundant policy debates across regions have exposed four important challenges for preserving predators in the face of interest group hostility. One challenge is uncertainty and varied interpretations about public trustees' responsibilities for wildlife, which have created a mosaic of policies across jurisdictions. We explore how such mosaics have merits and drawbacks for biodiversity. The other three challenges to conserving wildlife as public trust assets are illuminated by the biology of predators and the interacting behavioural ecologies of humans and predators. The ...
Harvesting large carnivores can be a management tool for meeting politically set goals for their desired abundance. However, harvesting carnivores creates its own set of conflicts in both society and among conservation professionals, where one consequence is a need to demonstrate that management is sustainable, evidence‐based, and guided by science. Furthermore, because large carnivores often also have high degrees of legal protection, harvest quotas have to be carefully justified and constantly adjusted to avoid damaging their conservation status. We developed a Bayesian state‐space model to support adaptive management of Eurasian lynx harvesting in Scandinavia. The model uses data from the annual monitoring of lynx abundance and results from long‐term field research on lynx biology, which has provided detailed estimates of key demographic parameters. We used the model to predict the probability that the forecasted population size will be below or above the management objectives when subjected to different harvest quotas. The model presented here informs decision makers about the policy risks of alternative harvest levels. Earlier versions of the model have been available for wildlife managers in both Sweden and Norway to guide lynx harvest quotas and the model predictions showed good agreement with observations. We combined monitoring data with data on vital rates and were able to estimate unobserved additional mortality rates, which are most probably due to poaching. In both countries, the past quota setting strategy suggests that there has been a de facto threshold strategy with increasing proportion, which means that there is no harvest below a certain population size, but above this threshold there is an increasing proportion of the population harvested as the population size increases. The annual assessment of the monitoring results, the use of forecasting models, and a threshold harvest approach to quota setting will all reduce the risk of lynx population sizes moving outside the desired goals. The ...
Granting legal protection to an endangered species has long been considered a major milestone for its conservation and recovery. A multitude of examples such as wolves in the contiguous USA (Boitani 2003) or many large carnivore populations in Europe (Chapron et al. 2014) have revealed how instrumental wildlife protection laws can be for species recovery. However, legal obligations to conserve endangered species may be useless if the rule of law is not properly enforced. Such situation is not exclusive to countries with political instability or weak institutional capacities but can also be relevant, for instance, to member states of the European Union and therefore bound to European legislation on nature conservation. ; Peer reviewed
Surprisingly little attention has been paid to variation among countries in contributions to conservation. As a first step, we developed a Megafauna Conservation Index (MCI) that assesses the spatial, ecological and financial contributions of 152 nations towards conservation of the world's terrestrial megafauna. We chose megafauna because they are particularly valuable in economic, ecological and societal terms, and are challenging and expensive to conserve. We categorised these 152 countries as being above- or belowaverage performers based on whether their contribution to megafauna conservation was higher or lower than the global mean; 'major' performers or underperformers were those whose contribution exceeded 1 SD over or under the mean, respectively. Ninety percent of countries in North/Central America and 70% of countries in Africa were classified as major or above-average performers, while approximately one-quarter of countries in Asia (25%) and Europe (21%) were identified as major underperformers. We present our index to emphasise the need for measuring conservation performance, to help nations identify how best they could improve their efforts, and to present a starting point for the development of more robust and inclusive measures (noting how the IUCN Red List evolved over time). Our analysis points to three approaches that countries could adopt to improve their contribution to global megafauna conservation, depending on their circumstances: (1) upgrading or expanding their domestic protected area networks, with a particular emphasis on conserving large carnivore and herbivore habitat, (2) increase funding for conservation at home or abroad, or (3) 'rewilding' their landscapes. Once revised and perfected, we recommend publishing regular conservation rankings in the popular media to recognise major-performers, foster healthy pride and competition among nations, and identify ways for governments to improve their performance. ; http://www.elsevier.com/locate/gecco ; am2017 ; Centre for Wildlife ...
From the late Pleistocene to the Holocene and now the so-called Anthropocene, humans have been driving an ongoing series of species declines and extinctions (Dirzo et al. 2014). Large-bodied mammals are typically at a higher risk of extinction than smaller ones (Cardillo et al. 2005). However, in some circumstances, terrestrial megafauna populations have been able to recover some of their lost numbers because of strong conservation and political commitment, as well as human cultural changes (Chapron et al. 2014). Indeed, many would be in considerably worse predicaments in the absence of conservation action (Hoffmann et al. 2015). Nevertheless, most mammalian megafauna face dramatic range contractions and population declines. In fact, 59% of the world's largest carnivores (more than or equal to 15 kilograms, n = 27) and 60% of the world's largest herbivores (more than or equal to 100 kilograms, n = 74) are classified as threatened with extinction on the International Union for the Conservation of Nature (IUCN) Red List (supplemental tables S1 and S2). This situation is particularly dire in sub-Saharan Africa and Southeast Asia, home to the greatest diversity of extant megafauna (figure 1). Species at risk of extinction include some of the world's most iconic animals-such as gorillas, rhinos, and big cats (figure 2 top row)-and, unfortunately, they are vanishing just as science is discovering their essential ecological roles (Estes et al. 2011). Here, our objectives are to raise awareness of how these megafauna are imperiled (species in tables S1 and S2) and to stimulate broad interest in developing specific recommendations and concerted action to conserve them.