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Order Aaa/1771/2015, 31 August, Amending The Annex Of Royal Decree 139/2011 4 February, For The Development Of The List Of Wild Species In Regime Of Special Protection And The Spanish Catalogue Of Endangered Species.

Original Language Title: Orden AAA/1771/2015, de 31 de agosto, por la que se modifica el anexo del Real Decreto 139/2011, de 4 de febrero, para el desarrollo del Listado de Especies Silvestres en Régimen de Protección Especial y del Catálogo Español de Especies Amenazadas.

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Article 53 of Law 42/2007, of 13 December, of Natural Heritage and Biodiversity, creates the List of Wild Species in Special Protection Regime, in which it is established (Article 55 of the aforementioned law) the Spanish Catalogue of Threatened Species. Both instruments-hereinafter "Listing" and "Catalogue"-were developed through Royal Decree 139/2011 of 4 February for the development of the List of Wild Species in Special Protection Regime and the Spanish Catalogue of Species Threatened.

Article 5.1 of the aforementioned royal decree provides that, in accordance with the procedure laid down in Article 53 of Law 42/2007 of 13 December 2007, the list of species, subspecies and species shall be included in the list. These stocks are listed as protected in the annexes to the directives and international conventions ratified by Spain. Therefore, considering the changes that have taken place in the years of the international instruments ratified by Spain, it is necessary to carry out updates in the List and Catalogue.

On the one hand, the entry into force of the amendments to Annexes II and III to the Protocol on specially protected areas and biological diversity in the State Gazette was published in the Official Gazette of the State on 23 April 2014. Mediterranean, adopted in Paris on 10 February 2012 by Decision IG.20/5 ("Official State Gazette" number 98, pages 31696-31974). On 27 April 2015, the entry into force of the amendments to Annexes II and III to the abovementioned protocol adopted in Istanbul on 6 December 2013 was published by Decision IG.21/6 (Official State Gazette number 100, pages). 36268-36273). This protocol was ratified by the Kingdom of Spain on 15 June 1995 ("Official State Gazette" number 302 of 18 December 1999).

The new lists of such protocol include certain species mentioned in the territory of the Kingdom of Spain and in maritime waters under Spanish sovereignty or jurisdiction, including the exclusive economic zone and the continental, which are not listed in the List or in the Catalogue. These species (sharks, rays and guitar fish), in accordance with Article 11.2 of the Protocol on specially protected areas and biological diversity in the Mediterranean, shall be considered as protected by the signatory parties to the Protocol. protocol.

Furthermore, the Convention on the Conservation of Wildlife and Natural Environment in Europe (hereinafter the 'Berne Convention'), which was ratified by the Kingdom of Spain on 19 September 1979, lays down in Article 6 that each contracting party shall take the necessary measures to protect the species of wild fauna listed in Annex II. In addition, Directive 2009 /147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds lays down in Articles 4 and 5 that Member States shall take special measures for the protection of wild birds. the species listed in Annex I thereto, two species of birds listed in Annex II to the Berne Convention and in the I of Directive 2009 /147/EC, of the European Parliament and of the Council of 30 November 2009, the Ibis eremite (Geronticus eremite)and Grevol (Bonasa bonasia), no were previously included in the List to be considered species not present in the Spanish wild fauna; currently, with the implementation of reintroduction programs there are already wild populations in Spain. This makes it necessary to include it in the Listing.

In addition to the previous updates on the modification of international agreements signed by Spain, the procedure of which is specified in article 6.2 of Royal Decree 139/2011, of February 4, is also included amendments to the List and the Catalogue resulting from the proposals of autonomous communities and cities with autonomy status, in accordance with the procedure laid down in Article 6.3 of the same royal decree.

In particular, recent scientific studies have revealed the population increase of Saladina (Limonium magallufianum), endemism of the Balearic flora. The species currently has a well-structured population and a high recovery rate. Therefore, it is excluded from the Catalogue, in which it was found in the category "Endangered", including in the List for being a singular species. Likewise, the threat situation of a total of twenty-four species of flora endemic to Catalonia or present only in this autonomous community in the context of Spain, makes it necessary to include them in the Spanish Catalogue of Threatened Species. Finally, the update of the taxonomic status of the mollusc Theodoxus velascoi justifies its exclusion from the Spanish Catalogue of Threatened Species, as well as from the List of Wild Species in Special Protection Regime.

Finally, the taxonomic review and the conservation status of two bivalve mollusc species has highlighted the need for their updating in the List and Catalogue. In the case of the species Unio tumidiformis, there has been an important reduction of the populations, finding the existing scattered, isolated and formed by a small number of specimens. Inclusion in the Catalog is required under the category "Vulnerable". In the case of the species Unio ravoisieri, the existence of only two known populations advises their inclusion in the Catalogue with the category "Endangered".

Likewise, the taxa for which new scientific information is available are incorporated, excluded or changed in the List or in the Catalogue, as requested by the Autonomous Communities of Catalonia, Islands Baleares, Comunidad Valenciana and the Spanish Society of Malacology.

This order is issued in accordance with the final provision of Royal Decree 139/2011 of 4 February 2011, which empowers the holder of the Ministry of Agriculture, Food and the Environment, in the field of its competence, to amend the Annex to update it and, where appropriate, adapt it to Community legislation. In this way, various species that were not previously included in Annex I to the aforementioned royal decree are incorporated in order to adapt it to the Community directives, the international conventions ratified by Spain and the scientific information updated available.

In its preparation, this order has been followed by the hearing procedure provided for in article 24.1.c) of Law 50/1997 of 27 November of the Government; the autonomous communities and the entities have been consulted representative of the sectors concerned and the project has been submitted to the process of public participation in the field of the environment provided for in Article 16 in conjunction with Article 18.1.h of Law 27/2006 of 18 July, for which the regulate the rights of access to information, public participation and access to justice in the field of media Environment (incorporates Directives 2003 /4/EC and 2003 /35/EC). The reports of the State Commission for Natural Heritage and Biodiversity, of the State Council of Natural Heritage and Biodiversity and of the Scientific Committee of Article 7 of Royal Decree 139/2011, 4 of 4, have been collected. February.

In its virtue, on the proposal of the Minister of Agriculture, Food and Environment, according to the State Council, I have:

Single item. Amendment of Royal Decree 139/2011 of 4 February for the development of the List of Wild Species in Special Protection Regime and the Spanish Catalogue of Threatened Species.

In order to include, exclude, or change the situation certain species are modified the Annex by which they are included in the List of Wild Species in Special Protection Regime and, where appropriate, in the Spanish Catalogue of Threatened Species, the same, in the following terms:

" One. Included in the List of Wild Species in Special Protection Regime, or in the Spanish Catalogue of Threatened Species, the following species in the following categories:

Scientific Name

Rajiformes.

Rajidae.

Leucoraja circularis.

Tracheophyta

Common Name

Referred Population

Species that are included in the

) Birds:

Pelecaniformes.

Threskiornithidae.

Geronticus erissue.

Ibis eremite.

Galliformes.

Phasianidae.

Bonasa Bonasia.

Grevol.

b) Times:

Triakidae.

Triakidae.

Galeorhinus galeus.

Cazon.

Mediterranean.

Lamnidae.

Isurus oxyrinchus.

Common Marrajo.

Mediterranean.

Lamna nasus.

Mediterranean.

Mediterranean.

Mediterranean Raya.

Mediterranean.

Leucoraja melitensis

Raya from Malta.

Rhinobatidae.

Rhinobatos cemiculus.

Guitar barbanegra.

Mediterranean.

Rhinobatos rhinobatos.

Common guitar.

Mediterranean.

Species that are included in the Catalog in the Endangered "

) Flora:

Ophioglossaceae.

Botrychium matricariifolium.

Pteridophyta

Pteridaceae.

Woodsiaceae.

Woodsia pulchella.

Angiosperms:

Boraginaceae.

Lappula deflexa.

Silene sennenii.

Silene sennenii.

Gentiana angustifolia

subsp. angustifolia.

Geraniaceae.

Erodium foetidum.

Labiatae.

Plantaginaceae.

Plantago cornuti.

Plumbaginaceae.

 

Limonium vigoi.

Aquileia paui.

Thymelaeaceae.

Daphne alpine.

Umbelliferae.

farrenyii.

b) Invertebrates bivalve:

Unionoid.

Unio ravoisieri, (before U. elongatulus)

Nayade from the northwest.

Species that are included in the Catalog in the Vulnerable

) Flora:

Angiospermas.

 

(=Lithodora oleifolia).

Compositae.

keraltense.

Hieracium vinyasianum.

subsp. asparagoids.

Plumbaginaceae.

Limonium geronense

Poligalaceae.

Polygala vayredae.

Ranunculaceae.

Delphinium montanum.

Resedaceae

Reseda Jacquinii, subsp. litigious.

Two. The species listed below change the situation within the List of Wild Species in Special Protection Regime, or within the Spanish Catalogue of Threatened Species:

Scientific Name

Common Name

Previous Category

Species that are included in the

angiosperms:

magallufianum.

Saladina.

"Endangered"

included in the Catalog in the "Vulnerable

Invertebrates bivalve:

Unionoside.

Unio tumidiformis.

Nayade tumida.

Three. The following species is excluded from the Spanish Catalogue of Threatened Species and the List of Wild Species in Special Protection Regime:

Scientific Name

Common Name

Category in which you were in the Catalog

Invertebrates gastropruning:

Neritidae.

Theodoxus velascoi.

" In danger of extinction ""

Final disposition first. Basic character.

This order has the character of basic environmental protection legislation in accordance with the provisions of article 149.1.23a of the Spanish Constitution.

Single end disposition. Entry into force.

This order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, August 31, 2015. -Minister of Agriculture, Food and Environment, Isabel García Tejerina.