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Resolution Of 6 March 2017, Of The General Directorate Of Quality And Environmental Assessment And Natural Environment, Which Published The Agreement Of The Council Of Ministers Of 24 February 2017 By Which Approve The Guiding Criteria For...

Original Language Title: Resolución de 6 de marzo de 2017, de la Dirección General de Calidad y Evaluación Ambiental y Medio Natural, por la que se publica el Acuerdo del Consejo de Ministros de 24 de febrero de 2017, por el que se aprueban los criterios orientadores para ...

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es in the EAEC implies their automatic consideration as "threatened species", for the purposes of the Penal Code, from the publication and entry into force of the Organic Law 10/1995, of 23 November, of the Penal Code.

It should be noted the existence of red lists, compiled by the best groups of academic specialists for each taxonomic group, which represent a source of information of great value, based on criteria of character quantitative and in the best available scientific information. In spite of this, they cannot be the only element of assessment for the inclusion of endangered species in the EAEC. This is a starting point to be taken into account in each case, but which requires consideration of the administrative components involved in the legal classification of a species. In particular, it is necessary to verify that there are current threat factors that warrant cataloging in application of the explicit provision of the law.

On the other hand, both Law 42/2007 of 13 December and the regulations of the Autonomous Communities allow the adoption of categories or protection regimes intended to accommodate species which, for various reasons, must be the object of an administrative regime of special protection in a specific autonomous territory, although they are not in such a serious or extreme situation of threat at national level as to be of application the rigor of the penalties laid down by the Criminal code for species actually threatened.

On the basis of the above, this document represents the updating of the criteria approved by the National Commission for the Protection of Nature in 2004, and has the character provided for in Law 42/2007, of December 13, for the EAEC. In its preparation, an adaptation of the criteria on the same subject agreed by the international scientific community, reflected in the adapted version of the IUCN Criteria version 3.1 of 2001, has been used as a reference document. categories and criteria of the red list of the International Union of Conservation of Nature. Finally, criteria for the consideration of taxa in critical situations are also included.

This document has been produced by the Committee of Wild Fauna and Flora, a specialized committee of the State Commission for Natural Heritage and Biodiversity, who in turn has reported it favorably. The members of the State Council for Natural Heritage and Biodiversity have also been consulted. These criteria may be subject to further updates which, where appropriate, will take place through the procedure laid down in the relevant legal framework.

ANNEX I

Guiding criteria for the inclusion of taxa and populations in the Spanish Catalogue of Threatened Species

These criteria apply in the framework of the EAEC, to species, subspecies or populations and to the whole population of a taxon or to existing populations in the Spanish territory, including maritime waters under sovereignty or Spanish jurisdiction, as well as the exclusive economic zone and the continental shelf.

1. Concepts.

1.1 The concept of "population".

In conservation biology, "population" is defined as the set of individuals of the same taxon isolated from other groups, with reduced genetic exchange with other populations of the different ones by unique traits and different. This is the demographic unit on which conservation is being worked, and it is the reference for the application of these criteria.

Therefore, the assessment of the susceptibility of a taxon to be subjected to these criteria will be carried out on the basis of all the populations present in the Spanish territory or to certain populations within the

The application of the criteria to "administrative populations" (those in policy areas, for example, to the territory of autonomous communities) would distort the results and therefore be inappropriate. The assessment of the status of a population should always be based on the relevant biological population.

1.2 severely fragmented population.

Are considered severely fragmented populations where more than half of the individuals are in geographic or genetically isolated populations, so that the risk of extinction of the whole is much more high as if it were a single population.

This situation responds fundamentally to recent fragmentations related to human activities. Distribution populations are not to be considered severely fragmented by physical or ecological causes (e.g. insularity, association of mountain or cave summits, distribution by various river basins, etc.), in that the probability of extinction of the set may be less than if all of its personnel were part of a single unit.

1.3 endemic and peripheral populations.

The importance of the relationship between the biogeographical population-understood as that which integrates the totality of individuals in the field of a continuous and complete biogeographical unit-and a population of geographical scope The lower will be the greater the relevant the latter in the set of the first, that is, the higher percentage of the same suppose. Consequently, the relevance of endemic populations of particular genetic characteristics limited to a single administrative area (regional, island, autonomous or state) confers special value on their proper cataloging, since the actions This is a matter for the administration of that area. This does not necessarily imply that all endemisms should be catalogued, as they may not be threatened. It is a matter of giving them special attention as the responsibility for their conservation is a priority for Spain.

In the same sense, scientific advancement in the knowledge of species with isolated peripheral populations of dissimilar nature, or very distant from other population nuclei, advise to consider these as relevant units conservation, in particular if they are the result of recent demographic or anthropogenic fragmentation.

1.4 Threat Factors.

Article 55.1.a) and b) of Law 42/2007 explicitly refer to "causal factors" and "adverse factors" that affect the likelihood of extinction of populations and species. Both terms are considered as synonyms of "threat factor" for the purposes of these Criteria.

The most widely used and disseminated standardized list of threat factors is the one prepared by the European Commission for the implementation of Articles 17 and 12 of Directives 92/43/EEC and 2009 /147/EEC, of habitats and of birds, respectively (Annex II). This list has also been adopted by the "Guidelines for the Surveillance and Evaluation of the State of Conservation of Endangered Species and Special Protection" approved by the State Commission for Natural Heritage and Biodiversity in Madrid (18/12/2012), roved, these criteria will be the reference for inclusion, change of category/consideration or exclusion of taxa and populations in the EAEC, in the terms set out in article 6 of the aforementioned Royal Decree. On the other hand, Article 60.2 of Law 42/2007, of 13 December, and Article 10 of Royal Decree 139/2011, of 4 February, provide for the consideration of a "critical situation" of a species if the monitoring or evaluation of the state of The conservation of the species would lead to an imminent risk of extinction. This consideration is established for the purpose of encouraging and coordinating the adoption of urgent measures to prevent the species from extinction and, therefore, it is necessary to establish criteria for determining when the situation arises. of a taxon can be typified as critical.

Because of its legal and social implications, it must be borne in mind that the inclusion of specipetent Directorate-General of the Ministry of Agriculture, Food and Environment (hereinafter the Directorate-General), which will check the taxonomic validity and the existence of precise information and sufficient to continue the processing or, if not, to discard it or to request the information necessary to complete the proposal from the promoter of the cataloging. The Directorate-General may consult the Scientific Committee, where appropriate, during this phase.

2.2 Phase 2: Determination of the degree of threat.

2.2.1 Determination of the threat category. The criteria set out in Annex IVa shall be taken into consideration in order to determine whether the species qualifies for being classified as "Endangered" or "Vulnerable". To qualify for the first category, it will be determined if it meets the conditions to be considered in a critical situation, according to Article 10 of Royal Decree 139/2011, and on the basis of the criteria set out in Annex IVb.

If the taxon does not qualify for any category or consideration of those referred to in Annex IV, it shall not be deemed to be threatened. However, for those species which approach the conditions for the 'Vulnerable' category, a monitoring of the population and a subsequent review will be advisable, irrespective of whether or not they are included in the List of Species in Special Protection Regime.

2.2.2 Identification and validity of threats. As a next step, the threats that act on the assessed taxon, among those listed in Annex II, shall be identified, based on the best available information, with the corresponding detail information being provided, if possible quantified.

Once the threats are identified, they will be determined if they are currently acting. In the event that there are no current threats, or evidenced that these do not constitute causal factors of the resulting threat category on the basis of the criteria, the proposal will be discarded.

2.2.3 Competent Authority. The evaluation of this phase corresponds to the Directorate-General, in the framework of the supporting technical memory on the proposal of inclusion, exclusion or change of category (art. 6.4, Royal Decree 139/2011, of 23 February), which will determine whether the proposal qualifies to assign a threat category or, otherwise, to discard it.

2.3 Phase 3: Proposal for inclusion in the EAEC.

The above information, included in the technical memory to be developed by the Directorate General, will be presented to the Autonomous Communities through the Committee of Wild Fauna and Flora. This Committee shall accept the proposal for inclusion, exclusion or change of category in the Catalogue in the relevant threat category or, otherwise, discard it or return the dossier to an earlier stage. In order to carry out these tasks, you may consult the Scientific Committee (governed by Article 7 of Royal Decree 139/2011 of 23 February 2011), in order to continue the administrative procedure referred to in Article 6 of Royal Decree 139/2011, 23 February.

ANNEX II

Threat Listing

This list is intended to help identify factors that limit or may limit populations of threatened species, either by increasing mortality (or, exceptionally, by the spread of the population by dispersion or migration) or decreasing birth. The table presented is an abbreviated version of the Reference List of threats and pressures developed by the European Commission's Thematic Centre for Biodiversity (ETC/BD) (http://bd.eionet.europa.eu/activities/Reporting/Article_12/reference_portal)

Normally, one or a few factors can be identified that are at a critical level, which is the one whose threshold determines the demographic collapse of the population considered.

In any case, it is prudent to distinguish between proven factors (from whose specific effects there is evidence in the case analyzed) and potential factors (the effects of which are presumed or published without the accreditation of actual incident).

Code

B01

H05

H05

H05

(excluding discharges).

Zant_table_to_izq"> Changes in abiotic conditions.

Description

Explications

A

Agriculture and

A01

Cultures.

includes increasing agricultural surface

A02

Modifying agricultural practices.

also includes the placement of non-timber perennial crops and the abandonment or intensification of agricultural activities

A03

Siega/brushland.

includes scrubby or grasses, and leave or absence of mowing

A04

grazing.

includes both abandonment and intensification of livestock

A05

Livestock Farms and animal husbandry (no grazing).

A06

Annual and perennial non-timber crops.

A07

Use of Biocides, Hormones, and Chemicals.

A08

Fertilizer use.

A09

Regadio.

includes (temporary) transition from arid to mesic or wet conditions caused by the

A10

loss of vegetation mosaics and lindes

A11

Unmentioned agricultural activities previously.

B

Forestry, Forest

Open field forests.

increasing the forest area, p. ex. Grassland plantations, brezales

2.1.3 Competent Authority. The evaluation of this phase corresponds to the coma_izq">both punctual and diffuse, of any origin (agricultural, livestock, forestry, industrial and urban), with any pollutant.

H02

Groundwater pollution (point sources and diffuse sources).

of any origin (agricultural, livestock, forestry, industrial, and urban), with any element contaminant.

H03

Marine water pollution.

marine waters and salobes

H04

H05

H05

H05

H06

Power event (released to media).

includes acoustic, thermal, and light

H07

Other forms of pollution.

p. ex. poison

I

Invasive species, problem species, and genetic modification

I01

Invasive species and aloctony species.

plant species and animals, incl. species translocations

I02

species translocations

I03

Genetic Material, OGM.

J

Alterations Natural

J01

Fire and Fire Extinction.

J02

Changes induced in the conditions hydraulics.

includes changes in the morphology of bed and beds, physicochemical properties (incl. salinisation), river dynamics and flow rate (incl. surface and ground water fetches

J03

Other ecosystem alterations.

p. ex. decreased connectivity

K

biotic and abiotic processes (excepting catastrophes) (*)

K01

Natural (slow) abiotic processes.

K02

Biocenotic Evolution, Successions.

K03

Interspecific relationships fauna.

includes risk of diseases by repopulations of cinegitic fauna or fish

K04

Flora Interspecific Relationships.

K05

Reducing the fertility/decrease in genetic variability.

p. ex. Due to very low population

K06

Other forms or mixed forms of interspecific competition of flora.

L

catastrophes and geological phenomena (*)

L01

Volcanic Activity.

L02

Maremotes.

L03

L04

Land or snow avalanches.

L05

Hundiments, land movements.

L06

Underground Hundiments.

L07

Storms, cyclones.

L08

Floods (processes natural)

L09

Fires (natural)

L10

Other natural catastrophes.

Change

M01

incl. droughts and extreme temperatures

M02

Changes in biotic conditions.

Civil Disorder.

G05

Other human discomfort and intrusions.

H

Pollution

H01

Pollution surface water (freshwater, marine and brackish).

A. Population size decline. Adjusting to any of the following sub-criteria:

1. A reduction in the observed or estimated population ≥ 70% over the past 10 years or three generations, whichever is the longer period. This reduction will be based on an observed assessment (either direct observations well documented as censuses or appropriate abundance rates for the taxon), estimated (based on mathematical calculations, from a sample of the populations or biological variables directly related to population size) or inferred (from evidence or indirect variables).

2. A reduction in the population ≥ 50% demonstrated by adequate statistical analysis to be achieved in the next 10 years or three generations, whichever is the longer period according to the biology of the species. This reduction will be based on a projected assessment (using models that will allow the assessment to be extrapolated to the future) or future (depending on the foreseeable action of a threat, which will start to act safely if the means to prevent this, over the next 10 years.)

B. Reduction of the area of distribution, considering the area of occupation. One of the following criteria must be met:

1. A reduction in the area of occupancy ≥ 50% within the last 30 years. This reduction will be based on an observed assessment (well documented direct observations), estimated (based on mathematical calculations, from a sample of the populations or biological variables directly related to the distribution) or inferred (from evidence or indirect variables).

2. A reduction in the area of occupancy ≥ 50% that is demonstrated by adequate statistical analysis that will be achieved in the next 20 years or three generations, whichever is the longer period according to the biology of the species. This reduction will be based on a projected assessment (using models that will allow the assessment to be extrapolated to the future) or future (depending on the foreseeable direct action of a threat that will start to act safely, if not put the means to prevent it, over the next 10 years.

C. A Proven Quality Population Feasibility Analysis shows that the probability of extinction in the wild is at least 35% within 20 years or four generations, whichever is the greater period according to biology. of the species.

D. Expert criterion. Exceptional application criterion, in cases where the information available for applying the above criteria is insufficient, but there is a coincidence between conservation technicians and experts in the biology of the species (taxonomic group) in that the situation of the taxon is "Endangered".

ANNEX IV.B

Criteria for Critical Situation Consideration of a taxon

Consideration: In Critical Situation (SC)

For the purposes of applying Article 10 of Royal Decree 139/2011 of 4 February, a taxon will be considered "In a critical situation" when the best available information indicates that it complies with any of the following criteria:

A. Population size decline. Adjusting to any of the following sub-criteria:

1. A reduction in the observed or estimated population ≥ 90% over the past 10 years or three generations, whichever is the longer period. This reduction will be based on an observed assessment (well documented direct observations), estimated (based on mathematical calculations, based on a sample of the populations or biological variables directly related to the size of the population) or inferred (from evidence or indirect variables). The reduction may be based on:

a) direct observation.

b) an appropriate abundance index for the taxon.

c) a reduction in the area of occupancy, extent of presence and/or habitat quality.

d) actual or potential operating levels.

e) effects of introduced taxa, hybridization, pathogens, contaminants, competitors or parasites.

2. A reduction in the population ≥ 80% that is projected or suspected will be achieved in the next 10 years or three generations, whichever is the longer period according to the biology of the species. This reduction will be based on a projected assessment (using models that will allow the assessment to be extrapolated to the future) or future (depending on the foreseeable action of a threat that will start to act safely, if the means to prevent it, over the next 10 years.) The reduction may be based on any of the points (a) to (e) of paragraph 1.

B. Reduction of the area of distribution, considering the area of occupation. One of the following criteria must be met:

1. A reduction in the area of occupancy ≥ 75% over the last 30 years. This reduction will be based on an observed assessment (well documented direct observations), estimated (based on mathematical calculations, from a sample of the populations or biological variables directly related to the distribution) or inferred (from evidence or indirect variables).

2. A reduction in the area of occupancy ≥ 75% demonstrated by adequate statistical analysis to be achieved in the next 10 years or three generations, whichever is the longer period according to the biology of the species. This reduction will be based on a projected assessment (using models that will allow the assessment to be extrapolated to the future) or future (depending on the foreseeable direct action of a threat that will start to act safely, if not put the means to prevent it, over the next 10 years.

C. A Proven Quality Population Feasibility Analysis shows that the probability of extinction in the wild is at least 50% within 20 years or three generations, whichever is the greater period according to the biology of the the species.

D. Expert criterion. Exceptional application criterion, in cases where the information available for applying the above criteria is insufficient, but there is a coincidence between conservation technicians and experts in the biology of the species (taxonomic group) in that the taxon should be considered as "In a critical situation".

using models that will allow the assessment to be extrapolated to the future) or future (depending on the foreseeable direct action of a threat that will start to act safely, if not put the means to prevent it, over the next 10 years.

3. Taxon which has suffered a very significant reduction (≥ 50% of its area of historical distribution, understanding as such known at the beginning of the twentieth century) during the last 100 years, and that although it is in the process of recovery, it has not yet Recovered 50% of its historical distribution, counting on the existence of suitable habitat available for this purpose.

C. A Proven Quality Population Feasibility Analysis shows that the probability of extinction in the wild is at least 15% within 20 years or four generations, whichever is the greater period according to biology. of the species.

D. Expert criterion. Exceptional application criterion, in cases where the information available for applying the above criteria is insufficient, but there is a coincidence between conservation technicians and experts in the biology of the species (taxonomic group) in that the situation of the taxon is "Vulnerable".

Category: Endangered (E)

A taxon is considered "endangered" when the best available information of adequate and sufficient quality on the taxon, the threats and the effect of these on population decline, indicate that it meets any of the following criteria: