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.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-9550

Article 53 of the law 42/2007, of December 13, of Natural Heritage and biodiversity, create list of wild species in special protection regime, which is established (article 55 of the Act) the Spanish catalogue of endangered species. Both instruments - on «List» and «Catalogue» - were developed through 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.

He article 5.1 of the mentioned real decree establishes that, in accordance with the procedure planned in the article 53 of the law 42 / 2007, of 13 of December, is included in the list, between others, them species, subspecies and populations that listed as protected in them annexes of them directives and them conventions international ratified by Spain. Therefore, considering the changes that have taken place in the annexes of the international instruments ratified by Spain, it is necessary to carry out updates on the listing and catalog.

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

New Protocol lists include some species cited in the territory of the Kingdom of Spain and in maritime waters under the sovereignty or jurisdiction of Spain, including the exclusive economic zone and the continental shelf, not contained in the list or in the catalog. Such species (sharks, rays and fish guitar), in accordance with the article 11.2 of the Protocol on them areas especially protected and the diversity biological in the Mediterranean, will have of be considered protected by them parts signatory of the Protocol.

On the other hand, the Convention on the conservation of wildlife and the natural environment in Europe (hereinafter 'Berne Convention'), ratified by the Kingdom of Spain on September 19, 1979, establishes in its article 6 each Contracting Party shall take the necessary measures to protect 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, established in its articles 4 and 5 Member States shall take special measures for the protection of the species listed in annex I. In this frame, two species of birds that listed in the annex II of the Convention of Berne and in the I of the directive 2009 / 147 / CE, of the Parliament European and of the Council, of 30 of November of 2009, the Ibis hermit (Geronticus eremita) and the Hazel Grouse (Bonasa grouse), not had been included previously in the list by consider is species not present then in it fauna wild Spanish; Today, with the launch of reintroduction programmes existing wild populations in Spain. This makes required its inclusion in the list.

In addition to the previous updates by modification of international agreements signed by Spain, whose procedure is specified in article 6(2) of the Royal Decree 139/2011, February 4, also includes other modifications listing and catalog that derive from proposals for autonomous communities and cities with statute of autonomy, in accordance with the procedure laid down in article 6.3 of the same Royal Decree.

In particular, recent scientific studies have been shown the population increase of the Saladina (Limonium magallufianum), endemic to the Balearic flora. Indicanque studies the species currently has a well structured population and a high rate of recovery. By this, comes its exclusion of the catalogue, in which is was in the category «in danger of extinction» including is in the list by trying to is of a species singular. In addition, the situation of threat of a total of twenty-four species of endemic flora of Catalonia or present only in this autonomous community in the context of Spain, necessary inclusion in the Spanish catalogue of endangered species. Finally, the update of the taxonomic status of the mollusk Theodoxus velascoi justifies their exclusion from the Spanish catalogue of endangered species, as well as the list of wild species in special protection regime.

Finally, review the State of conservation of two species of bivalve molluscs and taxonomic has been shown the need for updating listing and catalog. In the case of the species Unio tumidiformis, is has produced an important reduction of them populations, finding is the existing scattered, isolated and formed by a scarce number of exemplary. Its inclusion in the catalog with the "Vulnerable" category is required. In the case of the species joined ravoisieri, the existence of only two known populations recommended its inclusion in the catalog with the category "endangered".

Equally, they are checked, exclude or change category in the list or in the catalog taxa that are available for new scientific information, as requested by the autonomous communities of Catalonia, Balearic Islands, Valencia and the Spanish society of malacology.

This order is issued in accordance with the second final disposition of Royal Decree 139/2011 4 February, which empowers the head of the Ministry of agriculture, food and environment, within the scope of its competence, to amend the annex to update it and, where appropriate, adapt it to Community rules. Of this mode, is incorporate to the annex I of the mentioned Royal Decree, different species that not included with previously, to adapt it to them directives community, to them conventions international ratified by Spain and to it information scientific updated available.

(In its development, the present order is has followed the process of audience planned in the article 24.1. c) of the Law 50 / 1997, of 27 of November, of the Government; (has been consulted to the autonomous communities and the organizations representing the sectors concerned and the project has been subject to the procedure of public participation in environmental matters laid down in article 16 relating to article 18.1. h) of law 27/2006 of 18 July, which regulates the rights of access to information public participation and access to justice in environmental matters (incorporates directives 2003/4/EC and 2003/35/EC). It have also obtained reports of the State Commission for the Natural Heritage and biodiversity, the State Council of the Natural Heritage and biodiversity and the Scientific Committee on article 7 of the Royal Decree 139/2011, February 4.

By virtue, on the proposal of the Minister of agriculture, food and environment, according to the Council of State, I have: single article. Modification 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.

In order to include, exclude, or change the situation certain species modifies the annex which are included in the list of wildlife species under special protection procedure and, where appropriate, in the Spanish catalogue of threatened species, the same, in the following terms: "one. They are included in the list of wildlife species under special protection procedure, or in the Spanish catalogue of endangered species, the following species in the categories listed below: name scientific name common population species that are included in the list referred to) birds: Pelecaniformes.



Threskiornithidae.





Geronticus eremita.







Northern bald Ibis.





 






Galliformes.



Phasianidae.





Grouse Bonasa.







Hazel Grouse.





 






(b) fish: Carcharhiniformes.



Triakidae.





Galeorhinus galeus.







Dogfish.





Mediterranean.






Lamniformes.



Lamnidae.





Isurus oxyrinchus.







Common Shortfin Mako.





Mediterranean.








Lamna nasus.







Porbeagle shark.





Mediterranean.






Rajiformes.



Rajidae.





Leucoraja circularis.







Stripe faux candle.





Mediterranean.








Leucoraja melitensis.







Stripe of Malta.





Mediterranean.








Guitarfish.





Rhinobatos cemiculus.








Guitar Blackbeard.





Mediterranean.








Rhinobatos rhinobatos.







Common guitar.





Mediterranean.








Species that are included in the catalog in the category "endangered species" to) Flora: Tracheophyta.





 





 






Ophioglossaceae.





 





 








Botrychium matricariifolium.







 





 






Pteridophyta.





 





 






Pteridaceae.





 





 








Pellaea calomel.







 





 






Woodsiaceae.





 





 








Woodsia pulchella.







 





 






Angiosperms: Boraginaceae.





 





 








Cerinthe glabra.







 





 








Lappula deflexa.







 





 






Caryophyllaceae.





 





 








Silene sennenii.







 





 






Gentianaceae.





 





 






Gentiana angustifolia, subsp.. angustifolia.





 





 






Geraniaceae.





 





 








Erodium foetidum.







 





 






Labiatae.





 





 








Stachys maritima.







 





 






Plantaginaceae.





 





 








Plantago cornuti.







 





 






Plumbaginaceae.





 





 








Limonium vigoi.







 





 






Ranunculaceae.





 





 








Aquilegia paui.







 





 






Thymelaeaceae.





 





 








Daphne alpina.







 





 






Umbelliferae.





 





 








Peucedanum schottii.







 





 








Seseli farrenyii.







 





 






(b) invertebrates bivalvia: Unionoida.

UNiO ravoisieri, (formerly U. elongatulus).





Naiad of the Northwest.





 








(Species that are included in the catalog in the category "Vulnerable" to) Flora: Angiosperms.





 





 






Boraginaceae.





 





 






Glandora oleifolia (= Lithodora oleifolia).





 





 






Compositae.





 





 








Hieracium recoderi.







 





 








Hieracium queraltense.







 





 








Hieracium vinyasianum.







 





 






Orobanchaceae.





 





 






Pedicularis comosa, subsp.. asparagoides.





 





 






Plumbaginaceae.





 





 








Limonium geronense.







 





 






Poligalaceae.





 





 








Polygala vayredae.







 





 






Ranunculaceae.





 





 








Delphinium montanum.







 





 






Resedaceae.





 





 






Reseda jacquinii, subsp.. litigation.





 





 





Two. The species that is relate then change of situation within the listing of species wild in regime of protection special, or within the catalogue Spanish of species threatened: name scientific name common category previous species that is include in the listing Flora Angiosperms: Plumbaginaceae.





 





 








Limonium magallufianum.







Saladina.





"In danger of extinction".






Species that are included in the catalog in the category "Vulnerable" invertebrates bivalvia: Unionoida.





 





 








UNiO tumidiformis.







Naiad tumida.





 





3. The Spanish catalogue of endangered species and the list of wildlife species under special protection procedure excludes the following species: scientific name name common category that was in our catalog invertebrates gastropoda: Neritidae.





 





 








Theodoxus velascoi.







 





'Endangered species"' first final provision. Basic character.

This order has the character of basic legislation on protection of the environment in accordance with the provisions in article 149.1. 23rd of the Spanish Constitution.

Sole final provision. Entry in force.

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

Madrid, 31 August 2015.-the Minister of agriculture, food and environment, Isabel García Tejerina.