HOW TO CARE FOR THE NATURA 2000 SITE DURING THE CONSERVATION PLANNING? EXPERIENCES AND RECOMMENDATIONS FROM THE PILOT PROJECT “PARTICIPATION IN NATURA 2000 SITE MANAGEMENT PLANNING IN POLAND” EDITED BY: PAWEL PAWLACZYK WITH COLLABORATION OF: MONIKA KOTULAK ENGLISH TRANSLATION BY: BOGUSLAWA JERMACZEK-MROZ AND PRZEMYSLAW JERMACZEK ŚWIEBODZIN, JANUARY 2012 1 Introduction During 2010-2013 y. conservation planning for ca. 400 Natura 2000 sites in Poland is foreseen, by preparing so called ‘conservation measures plans’ (Polish: plan zadań ochronnych; simplified site management plan). By 2017 such documents should be prepared for all Natura 2000 sites in accordance with national and European legal requirements, as well, (compare the note of European Commission on SAC designation and on establishing conservation objectives for Natura 2000 sites). The ‘conservation measures plan’ or ‘conservation management plan’ is a basic planning document for Natura 2000 sites in Poland. Its content has a great impact on managing the site in the future and therefore on the efficiency of its conservation. For anyone who is interested in the protection of Natura 2000 site it is crucial to participate in this conservation planning process. Naturalists should not miss it! 2011 was a year in which several dozens of plans were elaborated. Naturalists Club Poland (Klub Przyrodników), contracted by CEEweb, took an opportunity and implemented a pilot project whose objective was to participate in the conservation planning process. We participate in elaboration of 76 plans (the detail list of sites is Annex I for this report). In this report we present experience gained in this project in the form of recommendations for naturalists (and NGOs as well) who would like to take part in such work. We believe that nature conservation planning is a crucial issue for the future of nature conservation in Poland. Planning instruments in Poland There are two types of planning instruments for Natura 2000 sites in Poland: ‘conservation measures plan’ or ‘conservation management plan’ either can be used depending on the actual needs. When the area of a Natura 2000 site coincides with that of a national park, nature reserve or landscape park, it is also possible to integrate its conservation plans, thus to implement Natura 2000 conservation measures within the management plan of an appropriate national nature protection form. Both plans: conservation measures plan and conservation management plan are elaborated on the basis of nature conservation act and established as domestic law. The procedure of preparing the plan provides wide participation of all stakeholders. This is a requirement of the act to enable all private persons and bodies “that are conducting activity in protected habitats or habitats of the protected species in the site” to participate in the preparation of the plan. Although the act itself does not Fot: Meeting of the “Local Cooperation Group” for one of sites describe precisely the form of this involvement, in practice the so called “Local Cooperation Group” is established. All the interested stakeholders of the particular site are invited to the group. Members of this team work as volunteers. The task of gathering all essential information and drafting the plan; however, is the responsibility of a coordinator chosen by tender or, more rarely, of collaborators of the nature conservation services responsible for the site (regional directorate for environmental protection; Polish: Regionalny Dyrektor Ochrony Środowiska). Local Cooperation Group meets a few times. Firstly, to discuss the current state of knowledge concerning a particular site and to identify knowledge gaps, then to diagnose the condition of habitats, species and proposals of planning solutions. Documentation from each stage of the work is also available online. Comments from the group members should be sent to the coordinator of the group. Eventually, the final 2 version of the plan is exposed to public consultation within a 21-day deadline and it is open to comments for everyone. The process of planning is based on the following algorithm: identification of conservation objects in the site → assessment of “the status of conservation” within the site using categories FV (favorable) - U1 (inadequate) - U2 (bad) → identification of threats (current and potential factors responsible for inadequate state of conservation objects or factors that create danger of changing proper state) -> determination of conservation objectives defined as “appropriate step in the direction of “favourable status”-> identification of conservation measures leading to reaching goals. Differences between conservation measures plan and conservation management plan are presented below: Conservation measures plan ● ● ● ● ● ● ● ● ● ● prepared for 10 years; legal basis: order of regional director of environmental protection; obligatory for each Natura 2000 site, with the exception of marine sites, sites cover with conservation measures plan or management plan elaborated for nature reserve or national park, sites of forest district, which possess forest management plan that was evaluated during environmental impact assessment; elaborated mostly for whole Natura 2000 site, with the exception of marine sites and sites for which conservation is planned in other procedure; elaborated with a view to implement measures, that are necessary for conservation objects and are not questionable; includes only objectives to gain for 10 years and task to implement; it is “to do list”, does not describe regulations and principles of operation; conservation with “small steps method”, model of “adaptive planning”: tasks predict for short period → verification of results-modification if conservation measure plan or preparing full management plan; elaboration on the basis of current knowledge, completed through basic field works in standard of “monitoring observation” - with a goal to standardize description of each object of conservation, alternatively verification or identification of possibilities of implementation of activities; without special researches and inventories - but if there is a need, appropriate research can be one oft task; can formulate conclusions for changes in current Conservation management plan ● ● ● ● ● ● ● ● ● ● ● prepared for 20 years; legal basis: decree of Environmental Minister, non-obligatory; can be prepared for the whole Natura 2000 site or a part of it; the only planning instrument for Natura 2000 sites: marine areas, forest inspectorate area that possesses forest management plan that was evaluated during strategic environmental impact assessment; long-term conservation program can be changed during implementation only in particular cases prepared on the basis of previous elaborated inventory and researches defines stable regulations and proceedings for relatively long time period; defines “edge conditions” which have to be fulfilled in landscape planning, business run on the site with the aim not to harm the aims of Natura 2000 site; can determine regulations for development, technical and communication infrastructure (areas with and without restrictions); can determine frame conditions for the implementation of accomplished and planned projects likely to have significant effects on Natura 2000 site and required nature compensation (that limit as consequences extend and 3 ● landscape plans, eliminating so far as it is possible with insufficient knowledge “traps for investors” situations, when spatial plan can not be implemented due to law concerning Natura 2000; one part of conservation measures plan can be identification of the necessity of elaboration and establishing conservation management plan. ● ● time for future procedures of Environmental Impact Assessment); can define conclusions for changing existing studies and plans in spatial planning, eliminating totally “traps for investors” - situations when urban plan can not be implemented due to restrictions connected with Natura 2000 sites for stakeholders active in the Natura 2000 sites it provides predictability and reliability of conservation concerning restriction in protected area. Despite the differences, the way of planning (participation of stakeholders, logic structure of the plan, relation to proper conservation status and particular characteristics and indicators, planning monitoring that verifies objectives) is the same. In the following part of this chapter we concentrate mostly on experiences and recommendations for the planning process of conservation measures plan, becausethis type of document is elaborated in most cases. However, the majority of rules described here can be used also in other management plans. Where to find information concerning planning of conservation of Natura 2000 site 1. The majority of conservation measures plans are prepared within the framework of big project “Elaboration of conservation measures plans for Natura 2000 sites in Poland”, funded from European sources, conducted by central administration in nature protection - General Directorate of Environmental Protection (Pl Generalna Dyrekcja Ochrony Środowiska). Current information about the project should be published on a dedicated website. There are attempts made to create special “platform of information and communication” in the frame of the project, the goal of which is to enable users follow each steps of the process and make comments and remarks. 2. Current terms for conservation measures plan dedicated for each site is available at Regional Directorate for Environmental Protection (Pl Regionalna Dyrekcja Ochrony Środowiska, abbr. RDOŚ) which is responsible for each site. In each of 16 RDOŚ there is a dedicated staff member, socalled regional planner, who coordinates the process of planning, and from whom we can get information on request. 3. Since planning is a public process, it has to be announcedIt is worth following the website of each RDOŚ. Recommendation: Each naturalist who is interested in conservation of Natura 2000 site should try to access information and get involved in the process of planning. Before planning: visit the site, know the site! If you want to take part successfully in conservation of Natura 2000 site - you have to know the site well. For that you have to be there: visit it regularly, know its nature, the most important and interesting places, recognize dangers and react to it. 4 Knowledge of the area and the most precious places is necessary for sufficient planning and protection. The more precise our knowledge is, the better results will be achieved. Concrete knowledge about precious moor, for example, together with the knowledge about drainage ditch, is invaluable for the planning. In contrast, imprecise knowledge such as ”there is possibly an alkaline moor in the site” is useless. We recommend informing appropriate entities, such as owner/manager, administration of nature conservation, responsible authorities of new findings (e.g. stands of protected species, valuable places etc) in written form. . This Naturalist making bog survey – this knowledge is essential for future planning helps to avoid receiving arguments like”...we did not know that the place is so precious”. We also recommend documenting all visible threats in the site. We should remember to send documentation of our activities to the nature conservation administration. Even if a single intervention that we experience does not any significant effects, documentation of it adds to the description of problems. Conservation planning process is a time when you can not avoid discussion about that kind of issues and thinking about solutions. Documentations about informing about dangers are a gun towards arguments like: “... we did not know about the problem”. Naturally it is worth to try to protect a site in a frame of different projects, i.e. implement within activities for nature conservation. Partner that has experiences in such activities is probably considered as a lead partner. Nevertheless “implementing in habitats and species habitats” actions is according to law a premise to “create possibilities for participations in elaborating project of plan”. Example: LIFE project concerning protection of xerothermic grasslands, implemented by Klub Przyrodników in the site PLH 320037 Dolna Odra enabled in measures conservation plan to describe all existing xerothermic patches with precise actions. If this knowledge had not been available before planning, there would not be probably enough time for researches. For naturalist, who does care about Natura 2000 sites this recommendations are obvious. We would like to emphasize, that it is important in planning process to collect information about problems, threats and information concerning valuable places, species stands, needs of the site, that create “critical mass”. This sort of information is the most effective when they are not only collected but also currently deliver in writing to appropriate entities. How to take part in the planning process? 1. Elaborating of plan, or parts of it, is often contracted to different contractors. One way to prepare good plan is to be a contractor preparing it.; try to win the tender ! 2. Most often in a frame of preparation of the plan there is so called Team of Local Cooperation established with up to ca. 30 person. In this group should be involved: key stakeholders (i.e. people 5 and institutions interested in, that are directly affected by plan or that have influence on the implementing of the plan, within “people and entities that are making their business within habitat or habitats of species, which are objects of protection in the site) and experts. It is worth taking part in work of such a team. That means participation in 2-4 workshops with discussion (traveling expenses at own costs). It creates the best possibility to emphasize needs of nature conservation. Additionally only the members of the Team are able to consult current versions of prepared documentation. We advise to inform administration of nature conservation about wish to join such a team, especially about: ● conducting in the site activity connected with conservation of objects of protection, or ● obtaining data, information or knowledge that could be useful in the planning process. 3. In a frame of the planning process can be created i.e. special website - “information-communication platform”, where members of Local Cooperation Team can watch every plan, comment it and make remarks. It is good to comment it from the beginning, therefore you can steer a work. 4. Everyone can make comments to elaborated project of plan during “public consultations” (in practice project is available in the Internet). For making remarks there is minimum 21 days predict. At the end there is also a list with comments prepared with information in which way they are included. Remarks after deadline could not be accepted. For participation in planning of conservation of Natura 2000 site you should be prepared. We advice to get detailed knowledge on national legal regulation and management planning guidelines. It is useful to reach also to European law that is with Natura 2000 sites connected Each naturalist, who cares about particular Natura 2000 site or sites, should try to participate in the planning process in one of the described above ways. Understand Natura 2000! Before we take part in planning of conservation of the Natura 2000 site it is crucial to understand well what Natura 2000 actually is, what it protects, what it does not protect, what kind of requirement of the law are with it connected. In chapters of this book we will try to help to understand these issues. Knowledge about exact borders of the Natura 2000 is key issue for conservation of habitats and species protected through this network. Habitats and species beyond the Natura 2000 site do not benefit in principle so much from this conservation regime. However, in case when one species e.g. lesser spotted eagle that nests in forest within the border of Natura 2000 site, feed on meadows beyond Natura 2000 - site, that kind of habitat should also be protected. Understanding what can and what can not be protected by Natura 2000 site is crucial. You should always consider if the site concerns “habitats” or “birds” and so what kind of conservation subjects do we have to deal with (see further). One misunderstanding is an assumption that due to Natura 2000 you can preserve landscape or cultural heritage. You should remember that Natura 2000 can not prevent any, even very negative changes, when they are neutral for subjects of conservation in each particular site. Although, such limitations are sometimes to overcome. Planning of conservation can be some kind catalyst of thinking in wider terms - it can bring pride from such places, discover its not only nature but also cultural value. It can be chance for region. Such way of thinking about a site can influence other spheres people can carry more for other elements of heritage - not only about that, which are required by European directives... If it is only possible, such solutions can be our long - term goal, although it is sometimes hidden. Conservation of Natura 2000 site is efficient and durable only when we build an agreement with stakeholders that have impact on the site. Such a consensus can be solid basis for efficient, local cooperation for real protection of the site with all its aspects. Such agreement, which part is acceptance of ecological needs of 6 species and habitats is the best solution for each Natura 2000 site. The key to success is when everyone sees his/her own business in conservation of the Natura 2000 site. An idea around which agreement could be build is local sustainable development. It can and should use i.e. nature values that are protected in Natura 2000 site and also ecosystem services but it should not harm it. On the other hand you should be conscious that term: “enable of sustainable development” could be in many situations mistaken and use as a pick to preserve area from “to strict conservation”. Such an interpretation should be criticized. Sustainable development is a development which has clear borders resulting from needs of nature conservation. Not every Natura 2000 site has to develop sustainably. Existing of Natura 2000 site should influence regions and lands toward sustainable development. It is not true that Natura 2000 sites stands as opposition to current nature conservation or even to Photo W. Mróz. Conservaton and restoration of “Błędowska Desert” (huge area of sands compare “modern Natura and dunes) in Poland creates the whole style of the local sustainable development based on the 2000” with “old-fashioned “desert tourism” nature conservation”. All known since many years method of conservation or form of nature conservation - like strict conservation, acceptance of natural processes, active conservation, renaturisation or nature-friendly development, take place in Natura 2000 sites. Example: Site of Community Interest (SCI) - Wrzosowiska Przemkowskie PLH200015 is area of work of Local Activity Group “Wrzosowa Kraina” (Heath-land), which implements projects within Leader Program. Local advertised regional product is i.e. heath honey. Conservation of European dry heaths (habitat 4030, main object of conservation of Natura 2000 site) means also protection of base component of honey. Business of beekeepers is now to keep heats in good conditions. Heathland by Przemków is also local tourist and landscape attraction. This place drawn in tourists not only because of beautiful landscape, especially with heath in bloom, but also due to delicious honey than can you buy from local beekeeper during trip. In winter taste of honey brings memories from the heathland... During preparing the plan you should “play the game”: plan is elaborated for conservation of species or habitats, which are objects of conservation of Natura 2000 and are situated within the borders of this protected area. Workshops, meetings and discussions that take place while planning process could be the beginning of building new activities towards local sustainable development. Nature-friendly development, sustainable development, development of tourism, ecotourism as a chance for local development - that are chances for sustain existing Natura 2000 site indeed, not only in nature, but also in social aspect. They could not justify departure from fastidious conservation of what should be protected. Basis of planned conservation of Natura 2000 sites is good for located there species and habitats. Sustainable development in the plan can be build as a “superstructure”. 7 Borders of Natura 2000 sites Current borders of Natura 2000 site can be in Poland found on the maps that are available on state website: http://natura2000.gdos.gov.pl/natura2000/ or as WMS layer: http://wms.gdos.gov.pl/geoserver/wms?. It can be use with Geoportal1 (www.geoportal.gov.pl) or with some GIS software (in both cases borders can be displayed against topographical map, ortophoto, land lot). General view of borders of Natura 2000 sites in Europe is available also on website of European Environment Agency http://natura2000.eea.europa.eu/. Planning of conservation of Natura 2000 site is actually different process from marking out the borders. In principle it should be accepted that shape of the site is determinated and established (with the borders that was send as vectors by Poland to European Commission). With conservation measures plan it could not be possible to change borders of the site or “detalising” it somehow - change of borders of Area of Special Conservation requires a decree of Minister of Environment after acceptance of European Commission and change of borders of Site of One of the Natura 2000 sites in Polish Geoportal Community Interest (“habitat site” requires decision of EC. Conservation measure plan is approved by decree of Regional Directory of Environmental Protection (RDOŚ) and can not replace above given acts. Generally you should avoid situation when discussion concerning conservation of Natura 2000 change into discussion concerning correctness of marking out its borders. However, when the plan is being prepared, some postulates of corrections of borders crucial for its conservation can appear. It can be e.g. enlarging site and enclosing fundamental for identified subjects of protection. Task to make such correction can be included in the plan as a one of conservation measures (although implementation of such correction requires separate procedure). It is necessary to remember that: 1. Enlarging the site can be included as “to do task”, if there is justification for it from the view of needs of objects of conservation. Enlarging of the Natura 2000 site probably does not meet objections of European Commission, but the sooner it is submitted, the sooner it can be implemented (e.g. for “habitats areas” enlarging send to Commission till September 2012 could be realize during few moths, whereas later its implementation could last more than 6 years). 2. “Specifying borders” of Natura 2000 site (e.g. draw the border to land lots, forest subunit etc.) is possible only when there are no doubts that it excludes fragments important for conservation Geoportal it is Polish tool, which is part of implementing INSPIRE. Similar tools function in other EU members. It is a duty result from European Law. 1 8 objects. This kind of change can not be made within the same conservation measures plan - it requires full procedure of changing decree of minister or decision of European Commission. 3. Excluding of particular parts from Natura 2000 site is generally difficult and allowed only in exceptional cases. Certainly it can not result from political, social, economical motives. It is possible only under condition of delivering “evidence of great quantity” that the area is within the border of Natura 2000 due to failure that means that: - it had not high nature value in the day of “requirement of assignation of the site” - in case of Poland it is date of accession to European Union (1 May 2004), - it has not received such value after that day, - it is not important according to integrity of the site (e.g. it is not necessary for protection of values of places in neighborhood). This type of change requires informing European Commission and in case of “habitat areas” also its decision. Examples: During works on conservation plan for small Natura 2000 site PLH220010 Hopowo it turned out that current version of borders accepted by European Commission is drawn by hand on general map. In fact, in a field it was identified that protected feature - a dystrophic lake that is was habitat for swamp minnow (phoxinus percnurus) is located in fact outside these borders of Natura 2000 site. A proposal of area borders based on field details were made. The application concerning borders changes was submitted to GDOŚ and then further to European Commission. Similar situation is connected with the site Natura 2000 PLH020013 Sztolnie w Leśnej (ang Adits by Leśna) that protects hibernation places of bat species in adits of old mines. During work at conservation plan it occurred that current borders, accepted by European Commission did not include any of 9 adits which were habitats of the bats. The application concerning borders changes was submitted to GDOŚ and then further to European Commission. In both cases it is to expected, that changes in borders of sites will be accepted. Example: Ministry of Environment while delivering to European Commission a conclusion of detailed borders for Natura 2000 site 2000 PLH240005 Beskid Śląski excluded small part of the area on the slope of Szyndzielnia as a proposal of city council Bielsko-Biała. The aim was to enable one investment - in the field of tourism and skiing which was important for development of the city. After detecting in excluded parts protected habitats patches of beechwood and forests of slopes, screes and ravines, the European Commission did not accept proposal of changes. As a consequence Poland sent motion without exclusion and the EC accepted it. As a member of Local Cooperation Team you could and also should make comments and conclusions that are based on above mentioned rules. Especially when enlarging of the site is needed, such conclusion should be included in the plan as one of the tasks. You should strongly insist that on no political or social or economic reasons any sites should be excluded from Natura 2000. You should point out that it is not possible according to Polish and European law. Objects of conservation (protected features) in the Natura 2000 site As it is well known, Natura 2000 site is not “protected area” but “site of conservation” - area in which not everything is protected, but only specific ecosystems (habitats) and habitats of concrete species. This selected ecosystems or species are so called “objects of conservation” - conservation measures plan is prepared for them and conservation objectiver are established for them. Due to “habitat site” (SCI-SAC), art. 6(1) of habitat directive requires “essential conservation measures appropriate for habitats from annex I of directive and species that live in the site”. It means that all “nature” habitats and species (that are mentioned in annex II habitat directive, transposed also to proper 9 Minister for Environment decree), that occur in “habitat” site, should be object of conservation, and therefore should be included in conservation measures plan. Aim of conservation of Natura 2000 site is to bring them to “proper conservation status” and maintain it in this form. One, common use interpretation says, that it does not relate to habitats and species that in Standard Data Form (SDF) have letter “D” - they are of marginal significance in the site. Therefore presumably list of conservation objects of the site consists a list of habitats and species defined in Standard Date Form with letter A, B, C (general grade). However with new scientific information and data, when new habitats or species are found (and they are of minor importance), that are not included in SDF. They should be treated as objects of conservation. Member of the EU should actualize SDF (it is Oligotrophic lake (3110 habitat) expected that SDF-s should be updated every 6 years). If habitat or species disappear from the site, interpretation depends on cause of this situation. In case when vanishing of species or habitat is permanent and was impossible to avoid (e.g. due to climate change, unpredictable natural disaster, fire etc.), such habitat or species is not treated as conservation object anymore. If in this way disappear all conservation objects, the Natura 2000 site could even be suppressed. If disappearance of species or habitat was a result of insufficient conservation (lack of appropriate measures towards natural succession, e.g. overgrowth of meadows), it can not be a circumstance to erase conservation object, on the contrary there is requirement of its restoration. Any political, social or economic conditions can not lead to removal of conservation object from the form. Generally, bird species are not direct conservation objects in “habitat site” and also any species from behind the 2nd annex of directive. Nevertheless both birds and all other groups of species can indirectly benefit from conservation of habitats - if they are considered as so called “typical species” for habitat (see below). In this case accomplishing proper state of conservation of such species means also proper state of habitat. In “bird site” (SPA) you should remember that in contrary to habitat directive, in bird directive there are more annexes - list of birds species, for which Natura 2000 site is established. Annex I of directive is only a part of such a list. Second part consists of migratory species, not presented in directive. They are included in polish Minister decree establishing Special Protection Areas (SPAs). The Birds Directive generally describes that conservation objects are those bird species for which certain area “is the most appropriate”. It concerns those bird species which demands are compatible with ecological type of the site. For instance in a site with forest objects of conservation belong to wood species and not to randomly appearing field or meadow species. In Poland, decree of Minister of Environment specifies selection of objects of conservation of “bird area”. It says that object of conservation is a species from I directive annex or migratory bird species: a) which appears at least 1% of state breeding species population, or b) which appears regularly at least of 1% of migrating population of migratory species, or c) which appears regularly among at least 20000 individuals of wetlands migratory species during migration or overwintering, or among at least 10000 pairs of one or few migratory marine species, or 10 d) which appears regularly altogether with at least 5000 of white storks or 3000 common cranes, or 3000 species of birds of pray, observed during spring and autumn migration period, or e) that the area is one of 10 the most important state breeding areas for endangered species in the EU, or f) which regularly appears globally and is endangered. It should be assumed that the list of conservation objects is the list of species marked in Standard Data Form for a site (general grade) as A, B or C (but not D). However new scientific data indicating that a species population should be assessed in SDF as “A, B, or C”, should change status of species - which till achieving of such knowledge, should be considered as “object of conservation”. Similar to “habitat” site if a species disappears from the site, interpretation depends on causes of this phenomenon and on that if it was possible to avoid it. If vanishing of species is permanent and it was not possible to counteract (e.g. due to climate change, unpredictable natural disaster, fire etc.), this species is no longer treated as object of conservation. If in this way all objects of conservation disappear, Natura 2000 site can even be deleted from the network. Nevertheless, if vanishing of species is a consequence of lack of proper conservation (within also lack of appropriate measures towards natural succession, e.g. overgrowth of meadows), it can not be a circumstance to erase conservation object, and on the contrary there is requirement of its restoration. Direct conservation object in “bird site” Natura 2000 are neither habitats nor any unfledged species. However they can bring in a profit indirectly from conservation of bird species or their habitats, when they use the same area (habitat as a habitat of bird species) or part of it (e.g. amphibians as prey base for birds). Standard Data Form of Natura 2000 - a base of information about objects of conservation, can be found on website http://natura2000.gdos.gov.pl/natura2000/ and in European Commission service: http://natura2000.eea.europa.eu/ Fot. Ewa Wnuk In process of preparing a plan determining objects of conservation of the site involves Grus grus, BD Annex I species analyzing and defining - on the basis of available data, also SDF, importance of the area for conservation and restoration resources of habitats or species, for which Natura 2000 site is established. These habitats and species that had or have importance since 1 May 2004 should be considered objects of conservation. Therefore in planning process list of conservation objects of Natura 2000 site (list of species and habitats for which conservation should be planned) should be defined as follows: species and habitats with A, B, C grades from Standard + new found species and habitats, for which that site has crucial meaning - species and habitats that was incorrectly included in SDF (but species or habitats that disappeared as a consequence of = objects of conservation of a site 11 Data Form (should be included in SDF with A, B or C grade) lack of proper conservation after 1.05.2004 can not be erased) If you participate in process of planning you could and should make comments and remarks based on above mentioned rules. Especially you should inform as soon as possible RDOŚ about habitats and species that are not included in SDF and which should be considered as object of conservation. These objects should be included in process of conservation planning. You should also pay attention to attempts to narrow down some objects of conservation that is against above mentioned rules. SDF is not sacred Standard Data Form of the Natura 2000 is the best possible description of the site (at the time of drafting). But actually any of descriptions is really completed. As a result of growing knowledge about the site, the Form can and should be supplemented, and all possible errors corrected. The European Commission expects that SDFs for Natura 2000 sites will be supplemented, detailed and corrected at least once every 6 years. All changes resulting from the actualization should be accepted. For example, if it appears that the number of a species is smaller than estimated in previous version of the SDF, the change will not give evidence about bad conservation of area. Therefore it can not be basis for any charges. It will be quite different, if the number of one of the objects of conservation will really present a declining trend. Making changes in SDFs require precise description concerning causes of the situation. Differences in number of species or habitats site in next versions of SDFs are not automatically interpreted as a trend in numerical force or surface, but of course can prove it. However, assessment of the situation is never automatic. Process of planning of conservation of Natura 2000 site usually involves tasks that detailing knowledge about this site (inventories, critical analysis of various sources of information). Often planning of conservation of the site results in a proposal to improve, refine or supplement the SDF. This is normal! Example: During work at project of measures conservation plan for Natura 2000 site PLH260010 Lasy Suchedniowskie it was found that described in SDF xerothermic grasslands (habitat with code 6210) are located beyond the border of Natura 2000 and additionally they have poor structure. Probably this habitat was given in SDF by mistake. As a result of researches in the forest localization of three rare xylobionthic beetles were found (species that depends on decaying wood) - Boros schneideri, flat bark beetle Cucujus cinnaberinus and Rhysodes sulcatus. This discovery means that this area is a key-site for conservation of this species in Poland. Therefore beetle species were considered as objects of conservation and xerothermic grasslands not. Appropriate changes in SDF were indicated. If you participate in planning process you could and should make remarks and conclusions based on given above rules. You should pay attention to attempts minimalising extend of nature conservation due to manipulating with SDF content. Content of field work for conservation measures plan For elaboration of plan limited budget and time is available, therefore probably not all objects of conservation can be recognized and described in field. In process of planning a debate should be make about what kind of 12 issues are priority for investigations in the field, what can be postpone. However work in the field is the most important part of planning. As a participant of planning process you should make effort to made executor of the plan to conduct field inventory so detailed as it is possible. Especially such situation when for field work there is no time left should be strongly criticized. For example order preparing of documentation for plan in autumn time with deadline for winter. Existing data concerning site should be use in planning conservation. Nevertheless, credibility and completeness of each source of information and each set of information should be assessed. While analyzing available information it is worth to think about research methodology used, time for researches available, authors of researches, what interpretations for habitat were used etc. Where gaps of knowledge and inventories are detected, procedure of preparing project of plan allows to implement complementary field work (e.g. inventory for some elements of nature or assessment of condition of it). First should be recognize those issues that potentially have the biggest impact on “planning effect” that means issues on which rely need of undertaking active conservation measures and modifying current management of site etc. One task described in a frame of the plan should be supplementation of information for issues that can not be recognized during preparing of project of plan (e.g. making inventory or detailed analysis). Fish survey = Natura 2000 site in Romania, during the CEEWeb academy During participation in the planning process you can and should make remarks and conclusions concerning quality of available documentation, inventories and also conclusions connected with making inventories and its range. Such conclusions are desirable at the early stages of planning. Only then it is possible to influence content of predicted field work. You should look after that for field work there are not savings made. Vision of ‘favorable conservation status’ of the object of conservation In principle, goal of Natura 2000 network should be achieving for objects of conservation so-called ‘favorable conservation status’ and permanent maintaining of this state. The vision of the correct conservation status should be based on standards and indicators, developed in a standardized way for the whole country and identical to the parameters and indicators used for nature monitoring. More detailed indicators for rating the various parameters are determined by each Member of the EU individually. 13 Obligation, that results from the Habitats Directive is to keep or restore favorable conservation status of habitats and species at the level of the country and biogeographic region (similar rules are for the Birds Directive). The planning process should determine, what is the role of particular Natura 2000 site in achieving this goal. Site conservation objectives should “optimalise” this role. In Poland it is assumed that conservation state of species and habitats will be determined obligatory with the same model of standards and indicators in each particular Natura 2000 site during work at the plan. In addition in a frame of monitoring of habitat and species carried out since 2007, state of conservation for many species and habitats has been determined (results are published on the website: http://www.gios.gov.pl/siedliska/). Criteria of determination of state of conservation for habitat or species within Natura 2000 site are determined in the decree of Ministry of Environment. Conservation status for species in Natura 2000 site is defined with parameters given below: 1) parameter 1: population; 2) parameter 2: habitat; 3) parameter 3: chance of maintaining of species Each of parameter is qualified in the scale: FV=favorable, U1=inadequate, U2=bad. In a case lack of data we sue XX=unknown. It is supposed, that FV is marked with green, U1 - orange or amber, U2 - red. Parameter 1: ‘population’ is assessed with given below scale Parameter FV (Favorable) 1. The number of individuals is Population stable over a longer period (may occur natural fluctuations) and the population uses potential of the area, age structure, fertility and mortality probably not differ from the standard U1 (inadequate) U2 (bad) The number show a slow decreasing trend, or is much lower than the potential possibilities of the area, or structure, reproduction or mortality rate are anthropogenic disturbed The number show a strong decreasing trend, or age structure, fertility and mortality rates are distorted in a way that there is a threat of the occurrence such trend in the near future For assessment of natural condition and disturbances of features of population they are use separate set of parameters, accepted for national nature monitoring, based on the scientific knowledge (these research methodics are published on the website: http://www.gios.gov.pl/siedliska/). It should be here emphasize, that elimination parameters only to so called ‘fundamental parameters’ it is incorrect. In practice for each species different, suitable for indicators of population status are used. It can be direct population indicators (number of individuals, fertility, mortality), or indirect indicators of state of population (number of trees colonized by xylobiont species, frequency of occurrence of rare insect species. Parameter 2. ‘habitat’ is assessed by the following scale: Parameter FV (favorable) 2. Habitat U1 (inadequate) The size is large enough and The size and the quality of habitat the quality is good enough is so anthropogenic degraded, for long-term survival of the that is not optimal for the species species U2 (bad) The size is too small or the quality certainly is not providing long-term survival of the species 14 For assessment of size and quality of habitat of species there are different for each species indicators use. They are accepted for national nature monitoring, based on the scientific knowledge (this research methodology is published on the website: http://www.gios.gov.pl/siedliska/). In practice habitat is assess with indicators. They are focused on the size of available habitat (is it big enough for the species?) and its quality. Indicators are of course different for each species - they can describe e.g. number of places for breeding, accessibility of nourishment, availability of shelters etc. Indicators should from one site display this features that are factors of good condition of population, and from another show this feature of habitats that are crucial for its survival. Parameter FV (favorable) U1 (inadequate) U2 (bad) 3. Chances of survival of the species Lack of significant negative impact, they are no bigger threats in the future foreseen; there are no negative changes in population and habitat. Preservation of species within perspective of 1020 years is almost certain. Preservation of species within perspective of 10-20 years it is not certain, but it is probably, as far as existing negative impacts and predictable, moderate threats are prevented Preservation of species in 10-20 years will be difficult, strong negative changes in population and habitat and predicted threats in the future (practically hardly to eliminate) Together evaluation of state of conservation is a result from 1-3 parameters by follow scheme: 1) if only one of three parameters is U2, then global grade = U2; 2) if situation is not like above, but at least one from three parameter is evaluated as U1, global grade =U1; 3) if situation is not like above, but two or three parameters have XX, global grade =XX; 4) if situation is not like above (i.e. three parameters have FV or two parameters have FV and one has XX), global grade = FV . State of conservation status of habitat in Natura 2000 site is determined with parameters as following: 1) parameter 1: area of habitat; 2) parameter 2: structure and function; 3) parameter 3: chances of conservation of habitat. Each of parameters is evaluated in the scale: FV=favorable, U1=inadequate, U2= bad. In case of lack of data we use XX=unknown. It is supposed, that FV is marked with green, U1 - orange or amber, U2 red. Parameter 1:’area of habitat’ is evaluated in following scale: Parameter FV (favorable) U1 (inadequate) U2 (bad) It indicates slow decreasing It indicates quick decreasing trend 1. Area of It is not decreasing, it is not trend or it is anthropogenic or it is strongly anthropogenic habitat anthropogenic fragmented fragmentized fragmentized If habitat occurs in a form of dispersed patches due to natural conditions (e.g. relief), it is not evaluated as anthropogenic fragmentation. Parameter 2: ‘structure and function’ is evaluated in following scale: 15 Parameter FV (favorable) 2. Structure and function U1 (inadequate) U2 (bad) Small disturbance e.g. un- Significant, deep disturbances, e.g. In good state, lack of optimal management, small lack of proper management, significant disturbances, structural disturbances, impairing of structure, lack of typical for habitat disturbance of typical for habitat typical for habitat ecological ecological processes area ecological processes, decreasing processes, deep decrease of having place, state of of biodiversity, impairing of biodiversity, loss of function, bad typical species favorable, functions, inadequate state of state of typical species or clear biodiversity of habitat not particular typical species impairment of the composition of poor species There are different for assessment of structure and function of habitat indicators use. They are accepted for national nature monitoring, based on the scientific knowledge (this research methodics are published on the website: http://www.gios.gov.pl/siedliska/). It should be here emphasised, that it is incorrect to eliminate parameters only to so called ‘fundamental parameters’. In practice parameter ‘structure and function’ is evaluated on the basis on indicators. Composition of those indicators can be different for each habitat (adapted to ecological specificity), although many indicators for different habitat can be Deadwood is important indicatior of fores favourable f“structure and similar or even the same. Part of indicators function” describe conditions of habitat (e.g. water condition, land use), part describe direct structure of habitat. ‘Typical species” status (if the species typical for the habitat are indicated) should also be used as indicator. Different indicators describe particular features of structure or/and processes and factors that shape that habitat and influence of its functioning. Value of each factor is assessed in the scale FV-U1-U2-XX. There are fundamental and ancillary indicators to distinguish. Value of parameter is determined by the value of particular indicators in that way that it can not be better than the worst value of fundamental indicator, while value of ancillary indicators influences on parameter’s value, but they do not absolutely determine it. It is thought not allowed to center only on evaluation of fundamental indicators! Indicators should indicate such features, that are crucial for persistence and “quality” of ecosystem, within also for preservation of complete biodiversity connected with particular ecosystem. Parameter 3: ‘chances of preservation of habitat’ is evaluated by following scale Parameter FV (favorable) U1 (inadequate) U2 (bad) Preservation of habitat in not Preservation of habitat in not Lack of threats and negative deteriorated state in a prospect of 3. chances of deteriorated state in a prospect trends. Preservation of 10-20 years will be very difficult: preservation of of 10-20 years is not certain habitat in not-deteriorated advanced processes of recession, habitat’ but it is probable if existing state in a prospect of 10-20 strong negative trends or threats are eliminated years is almost certain significant threats 16 Total assessment of state of conservation is a result from parameters 1-3, following the scheme of conclusion: 1) if at least one from three factors is evaluated as U2, global evaluation =U2; 2) if situation is not like above, but at least one from three parameters is evaluated as U1, global evaluation = U1; 3) if situation is not like above, but two or three parameters are evaluated as XX, global evaluation=XX; 4) if situation is not like above (i.e. all three parameters are evaluated as FV or two parameters receive FV, and one XX), global evaluation =FV. Generally vision of favorable conservation state of habitat or species should include particularly following elements: ● number of individuals of species or area of habitat in the site it is not decreasing, if it is possible can increase, simultaneously you should prevent anthropogenic fragmentation of habitat; ● fundamental ecological features (e.g. water condition and process of peat creation; flooding of riparian forests) of habitat are preserved or reestablished; ● providing appropriate management of semi-natural habitats, that require such measures (e.g. meadows, pastures); ● preserve biodiversity connected with particular ecosystem (habitat), also typical, rare, protected, specific for habitat species; ● preserving or reconstructing key elements of the structure (e.g. contribution of old trees and dead wood in the forest); ● preserving in appropriate state habitats necessary for full life cycle of protected species in the site. Habitat should be treated ‘ ’costystemic’: favourable habitat status means healthy, well functioning ecosystem, with high biodiversity. Vision of ‘favorable conservation status of habitat’ usually agrees with vision of ecosystem that was aim in nature conservation before era of Natura 2000. The vision of ‘favorable state of conservation of habitat’ should include and accept natural variability of ecosystems (e.g. for forest you should not aim to precise forest stand composition of species, but rather to forest Dune habitats favourable conservation status must be understood as “natural dynamic with particular ecological complex” character; you should accept fluctuations of some trees’ species). Similarly vision should include and accept natural, typical for ecosystem ecological processes and their results. In some cases, the vision of 'favorable conservation status of habitats’ will be dynamic like naturally functioning mosaic of different habitat types, such as dynamically formed by wind complex of dunes, which includes the habitats of the dunes, dune heathland , dune depressions, etc. Particular habitats will change their location and the surface, but the living character the whole system ensures that the existence of each of these habitat types in the complex is preserved. 17 The vision of 'favorable conservation status of natural habitat’ should emphasize those structural features of the ecosystem that are “litmus paper” of its nature value. For instance, for forests it will be a contribution of dead wood (for development of natural groups of xylobiont species usually should be 30-40 m3/ha, but such resources should cover only 20-30% of the whole forest’s area), and the participation of thick and old trees. For the river with Ranunculion fluitantis and Callitricho-Batrachion vegetation it will be hydromorphological diversity (natural riverbed). Noteworthy is the idea of the so-called 'typical species' of habitats. Habitat should be treated as ecosystems - typical species are species essential for the functioning of the ecosystem, or determining its local character, also important for saving related to ecosystem biodiversity. This species are also beyond "Natura 2000". For example in river with Ranunculion fluitantis and CallitrichoBatrachion vegetation (habitat 3260) typical species are specific water plants (common water-crowfoot, flowering rush) and fishes as well (e.g. brown trout, grayling, common barbel). For xerothermic grassland (habitat 6210) typical species are specific plant species and invertebrates. In beech forests (habitat 9130) to such species belong besides beech (that determines the structure of Flowering Iris sibirica – typical species for the 6410 habitat. Photo A. Jermaczek the forest) woodpeckers, their hollows are used by numerous birds species For typical species can be consider - Hericium coralloides (rare fungus that colonize decaying beech wood) or lesser stag beetle Dorcus parallelipipedus - a species of beetle that is typical for natural forest, which larva lives in infected by fungi wood. Here also the rule is to consider for typical species for habitats those species that are like ‘litmus paper’ for nature value of particular ecosystem. During the preparing of the plan there is a place for evaluation what kind of species should be locally treated (in the specific Natura 2000 site) as typical for each habitat. If an object of conservation is one habitat, than aim of conservation is to i.e. preservation or reconstruction favorable conservation status its ‘typical species’ Example: Natura 2000 site PLH060098 Wrzosowisko w Orzechowie protects European dry heaths (habitat 1030). Klub Przyrodników gave a proposal during preparing conservation measures plan for the site, that for ‘typical species’ should be considered woodlark - which is typical for heathlands and has there high concentration. Aim of Natura 2000 site PLH060105 Maśluchy is to protect i.e. species-rich Nardus grasslands (habitats 6230). Klub Przyrodników apply for acknowledgement such plant species like Botrychium multifidum, fragrant Orchid Gymnadenia conopsea and wolf's-foot clubmoss Lycopodium clavatum (described in the SDF as local ‘floral curiosity of grasslands), as typical species while preparing conservation measures plan. Vision of ‘favorable conservation status of species’ should emphasize these features of habitat of species that are key issues for particular species. In this case whole life cycle should be taken into account. For instance the hermit beetle requires - appropriate number of old trees with rotten wood that stand in short distance. In case of the European fire-bellied toad essential are: shallow, warm ponds for mating time, deeper ponds that are used in summer time, abundance of shelters for winter and undisturbed migration route, without barriers, between winter and summer quarters. For wolf essential is extensive forest rich in game (base of prey), without barriers, that includes hidden places for reproduction, without dangerous objects (like roads with heavy traffic). 18 For many species and habitats important element of favorable conservation status are suitable water conditions. This issue is especially important because if it is included in plan, it will be not only aim of nature conservation but also Water Framework Directive and therefore activity for administrators of the water. Generally vision of ‘ favorable conservation status’ of most of habitats and species is not in variance with vision of sensible, economic use of ecosystems - although it could requires some modifications, in the direction to leave place for crucial for ecosystems natural processes and elements of structure. ‘Favorable conservation status’ for majority of habitats and species does not lead to conflict with vision of ecosystems managed by natural processes. On the contrary, in Europe there are many examples indicating that passive conservation, especially in forest, lead to excellent favorable conservation state. This type of conservation is thought not appropriate for semi-natural habitats (e.g. meadows), which require specific form of management. During participation in planning process you can and should make comments and conclusions about the vision of ‘favorable conservation state’ of objects of conservation - e.g. by indicating species that are indicators of value of the site - ‘typical species’; by pointing the need of enclosing in the plan elements of structure, that is now in shortage(like dead wood in a forest), by proving the necessity of including in the plan natural ecological processes as an element for favorable conservation state of habitat etc. 19 Example: Indicators for “local” assessment of conservation status of 9160 habitat (Stelario-Carpinetum oak-hornbeam forest) in Natura 2000 site Drawa Great Forests, with proposed planning follow-up for unfavorable status Parame Indicators ters Area of habitat Specific structur e and functio n Characteristic floristic combination of undergrowth * Species that dominate in particular levels of plant communities * Favorable Inadequate Bad FV U1 U2 It is not antropogenic 50-90% <50% of the border with fragmented borders with other other forest subdivisions – surrounding forest subdivisions from from the same potential subdivision from this the same potential biochore is the border potential biochore biochore is also a border with replacement plant (>90% border) with other patches of communities, not with represents habitat too habitats other subdivisions of habitat Typical, proper foe Distorted in comparison Dominated by atypical natural habitat to typical for habitat in species for oak-hornbeam (including regional the region forests specificity In each levels typical for In each levels typical for In one or more levels one habitat species are habitat species are alien for plant community dominating, with natural dominating, natural species is dominating quantitative relationship quantitative relationships are disturbed >90% 50-90% <50% Contribution in forest stand of deciduous species (without species of early succession stage) Contribution of >10% of forest stand hornbeam * <10% of the forest stand Contribution of 'early succession' of tree stands <10% present 10-30% or not present Species that are alien ecologically in the stand <10% 10-50% Lack in the forest stand , hornbeam in brushwood or any >30% >50% Planning: U1, U2 follow-up Anthropogenic fragmentation can be a premise for planning of rebuild of forest stands, that are fragmented to oak-hornbeam forests Even if value of an indicator is negative, it is not necessary to plan conservation activities – re-establishing of natural structure of undergrowth you should leave to natural processes or eventually you should shape other features of ecosystem In case of domination of pine, spruce sees comments concerning 'Species that are alien ecologically in the stand. In case of domination of successive species (birch alder) – leave preferably to natural succession Reconstruction of natural domination in other levels – should be leave to spontaneous processes In case of domination of pine or spruce in trees stand – see remarks concerning indicator: 'Species that are alien ecologically in the stand ' In case of domination of successive species (birch, aspen) – preferably to leave to natural succession. Even negative value of indicator it is not a condition to plan conservation activities – increase of hornbeam should be live to spontaneous processes In the case of domination or increase contribution of species of early succession – preferably leave this issue to natural succession. Species could be important for biodiversity e.g. birches for hollow resources, aspen for some insects. In the case of lack, leave supplement to natural processes. Negative value of indicator can be a condition to plan to remove those species, but you should consider that they can be important for connected biodiversity (especially when trees are old, with hollows etc.). Then do not plan their removal and leave this issue to 20 Species strange < 1%and do not rebuild <10% and do not geographically rebuild (alien species) in trees stand and brushwood* Dead wood >10% thickness of 3-10% thickness of resources (in living trees living trees total)* Dead wood > 5 st. / ha 3-5 szt. / ha standing or lying >3 m long and >50 cm thick Age of forest >10% contribution of <10% contribution of stands trees elder than 100 trees older than 100 (occurrence of years years and >50% old trees)* contribution of trees older than 50 years Nature Yes, with hornbeam Yes, but only single or regeneration of abundant, react to forest without contribution of trees stand gaps and exposure to hornbeam the light The vertical and Diverse; >50% of the Uniform old tree stand spatial structure area covered with forest or diverse structure with of vegetation stands, though dense old tress stand occurrence of forest with cover: 10-50% of gaps and exposure to the area the light Invasive alien Lack Present but at least 1 species in the species, not strong undergrowth and invasive ground cover Expansive native At least single Contribution increased species but species not very (apophytes) in expansive the undergrowth, in which species of clear cuttings, including wood small reed, blackberries natural processes, even if it would last longer. >10% lub spontanicznie Negative value of indicator can be a condition to remove alien odnawiające się, species. In some places alien species can have cultural and niezależnie od udziału landscape value, required to leave. < 3% miąższości żywego In the case of negative indicator’s value, consequently leave dead drzewostanu trees and trees in bad conditions, especially from deciduous species < 3 szt. /ha In the case of negative indicator’s value, consequently leave dead trees and trees in bad conditions, especially from deciduous species <10% contribution of Consequently wait for getting old of the forest stand trees older than 100 years and < 50% contribution of trees older than 50 years Missing Even negative value of indicator, mostly does not mean to undertake activities toward stimulating renewal, wait for spontaneous renewal. Only negative evaluation in the whole Natura 2000 site could require action. Uniform young tree stand Favorable leave to natural spontaneous processes < 10% covered by Old stands fragments Present more than 1 Can be condition for planning of removal of species, it depends species, or species strong from the feasibility of activities. Discuss with floral team. Consider invasive limiting activities causing disturbances (e.g. stand thinning, logrolling, tourisms). Very expansive Preferable leave to natural, spontaneous processes. You should consider avoiding activities that deepen disturbance (e.g. stand thinning). 21 The destruction of undergrowth and soil associated with logging Another disturbances (dilapidation, beaten, littering) Status of key biodiversity species typical of the local habitat General structure and functions Future prospect General assessment Lack single traces numerous traces Lack Occur but not significant strong State of all species Favorable (FV) State of some species inadequate (U1) All principal factors evaluated as FV, rest at least as U1 Preservation habitat in non-deteriorated state in 20 years is obvious All three parameters evaluated as FV Preferable leave to natural, spontaneous processes. You shold consider to avoid activities that deepen disturbance Preferably leave to natural, spontaneous processes, with the exception of littering- for which plan to remove garbage. You should consider avoiding activities that could deepen disturbances. State of some species bad By the need of suitable species – they will be determined on the (U2) basis of flora and fauna conservation's reports All principal indicators One or more principal at least inadequate U1 indicators evaluated as U2 Preservation of habitat Preservation of habitat in in non-deteriorated non-deteriorated condition condition in prospect of in prospect of 20 years is 20 years is probable very difficult At least one from three One or more indicators indicators evaluated as evaluated as U2 U1, lack of U2 22 Does every object of conservation should be brought to ‘favorable state of conservation’? Conflict of requirements of different objects of conservation. According to art.6(1) of the Habitat Directive ‘For special areas of conservation, Member States shall establish the necessary conservation measures (...) which correspond to the ecological requirements of the natural habitat types in Annex I and the species in Annex II present on the sites’. Article 2 (2) of Directive reads as follows: ‘Measures taken pursuant to this Directive shall be designed to maintain or restore, at favorable conservation status, natural habitats and species of wild fauna and flora of Community interest’. According to art. 1.l special area of conservation means a site of Community importance designated by the Member States through a statutory, administrative and/or contractual act where the necessary conservation measures are applied for the maintenance or restoration, at a favorable conservation status, of the natural habitats and/or the populations of the species for which the site is designated (see also chapter 2) This duty concerns not only maintaining ‘favorable conservation status’ for each species and habitat in every Natura 2000 site, where it appears, but rather “optimization’ of contribution of each Natura 2000 site to accomplishment of favorable conservation status of particular habitats and species in the country. However during elaboration of conservation of Natura 2000 sites in Poland it was assumed, that achieving favorable conservation status of objects of conservation, expressed with specific parameters and indicators, should be long-term goal of planning of conservation of each site. Deviation from the assumption is possible only when reestablishing of parameters to ‘favorable’ is impossible due to objective reason (e.g. natural habitat’s condition). Short-term goals e.g. conservation measures plan should be indentified in the light of long-term vision - i.e. should be step with proper size towards accomplishing parameters and indicators of favorable conservation step. Parameters and indicators defining the state of conservation objects should be subject to monitoring for measuring progress in achieving these goals. Assessment conservation status by specific parameters and indicators shows "critical points" for the achievement of the favorable status of species and habitats, and shows the most urgent needs for conservation measures. Many indicators can in fact be improved by such action. Obviously it does not apply for all indicators -to improve contribution of old trees in forest stand you have to wait, any conservation activity, can accelerate this process. Although contribution of dead wood it is possible to increase (in some countries there are special piles of wood for stag beetle built, because lack of old oaks; in some countries trees were deliberately injured to increase local microhabitats for xylobiotic species ...) Naturally in the course of work on the planning conservation of a particular area Natura 2000 you should take into account specific local populations of species and habitat resources and adapt to it specific indicators of conservation status and specific conservation goals, based on that indicators. While working on a plan there are often working algorithms of planning inference prepared and algorithms of planning (or not) possible conservation activities in particular patches of natural habitat (e.g. separation of forest), according to values of indicators. Not every case of "inadequate conservation status” has the effect of taking action to achieve the object of conservation to favorable status with methods of active conservation. In many cases, better (and cheaper) is to leave it to the natural processes... Example: Klub Przyrodników argued that conservation measures plan for the site PLH240014 Graniczny Meander Odry (Border Meander of Odra River) should based on the conception of designation and preservation of so called ‘ corridor of free migration of the river’, in which natural changes in stream of the river and morphology of riverbed are tolerated. This concept should be implemented cross-border, also in Czech Republic (in this site river is state border). In practice, it happens that the requirements of different conservation objects may be divergent. For instance in vast complex of forest the most conservation objects rely on old woods with natural features, but 23 one conservation object according to SDF - red-backed shrike, which prefers clear cuttings. Or: raised bog (habitat 7110) overgrows bog woodland (habitat 91D0): reconstruction of open surface of the bog by removal of trees my be necessary, although both habitats are priority Annex I habitats and both are objects of conservation. Such conflicts should be resolved in the planning process. To do this, it is necessary to identify the role of the Natura 2000 site in whole Natura 2000 network, and therefore select the option, which is better contribute to the accomplishing of favorable state of conservation of nationwide habitat or species resources. Example: Natura 2000 site PLH 220040 Łebskie Bagna consists two nature reserves that protect remains of raised bogs, mostly overgrow with forest. In conservation plan, which includes requirements of Natura 2000 - site it was proposed to reconstruct raised bogs due cutting trees from the area of ca. 80 ha. As a result another habitat - initial form of bog woodland (habitat 91D0) will be destroy on purpose, because more important in this case is complex of raised bogs (habitat 7110 and 7120). Removing 91D0 habitat for restoring 7110. Łebskie Bagna. By participating in the planning process, you could and should make observations and conclusions based on these principles. Each case of inadequate conservation state of species or habitat in the site should be considered, but not every require immediate active conservation measures. Generally, often good solution is to leave ecosystem to natural processes. Aim of Natura 2000 network is to accomplish favorable state of conservation of national resources of species and natural habitats, not each species and habitat in every site. By planning conservation of particular site you should proper interpret, what role the site has in the network and its contribution in the achievement of this general goal. Detection of threats Existing threats are mostly factors that are responsible for grade inadequate (U2) or bad (U1) for particular objects of conservation, parameters and indicators of conservation status. Potential threats are factors, that can in the future deteriorate state of objects of conservation, especially lead to mark U1 or U2. One of threats can be low awareness of society concerning site and its conservation - it should be also identified. Another danger is insufficient knowledge about objects of conservation that increases risk of making mistake in its conservation 24 To potential threats belong also planned undertakings - written in local land use plan, strategy of development or simply planned by authorities or other entities. Probably list of threats indentified by planning of conservation of Natura 2000 will be use not only directly for purpose of the plan, but also during an impact assessment for plans and undertakings in the future. Therefore the list of threats includes all dangers that can result from potential enterprises. List of threats in the planning should in further step of planning serve as a list of factors, against which plan is prepared, according to responsibility to prevent all deteriorations of condition of habitats and significant disturbance of species, that result from the article 6(2) of Directive. Plan should i.e. evaluate if and on what kind of condition current land use can proceeded without harm for Natura 2000 site Example: In Special Protected Area PLB320009 Zalew Szczeciński growth of kite surfing lead to disturbance of birds. The best conditions for this sport has a bay that is a place of concentration up to 800 80 thousand of ducks, within for greater scaup Aythya marila. In conservation plan it is necessary to find solutions for minimizing this impact. Participating in the planning process, make sure that everything that you do not want to have in the area has been articulated as actual or potential threats for particular object of conservation (species or natural habitats). Planning under incomplete knowledge Regardless of the possibility to complete knowledge about the objects of the conservation afforded by conservation planning process of the Natura 2000 site, this knowledge often will still be incomplete. Often we plan conservation of habitats and species in the area, without knowing, exactly where they occur. Such a planning is difficult, but possible. It must be based on awareness that our knowledge is incomplete and we have to estimate how much it may be incomplete. The biggest mistake that can be made - and in practice that happened often - is to limit the planning only to those elements of nature that we know. For instance we know that in one Special Protected Area object of conservation is boreal owl, which population is assessed as ca. 30-40 breeding pairs, nevertheless we know localization of only two tress with hollows used by this species. Conservation only of this two trees and establishing protective zones is of course insufficient. Proper solution is conservation of potential habitat of the owl (elder spruce forest stands) and key - species - black woodpecker, that dig potential hollows; efficient procedures of saving trees with hollows in forestry; procedures of regular examination of forest stands from the point of view of boreal owl occurrence before forest works and excluding this part from exploitation... Another example: we know that in a vast complex of meadow there are located very valuable patches of Molinia meadows, we know few patches, but we presume that there are more of them, but we do not have inventory. It is not proper solution to extend conservation regime of Molinia meadows (mowing in early autumn) only to known patches and resign from any arrangements for rest of the area, even if we planned as additional activity to make new researches. Correct conservation should support late mowing and preservation of proper water conditions in whole complex. Without knowing the exact location of mating places of fire-bellied toad, we can still care for the preservation of small ponds in agricultural landscape and for preservation of such their features that are desirable for this species. Not knowing whether any particular tree is inhabited by the hermit beetle, we can still look after avenue of old trees in the landscape (and plant new avenues as well) and take care of efficient conservation of all old trees with hollows and decaying wood. This means that in the absence of good knowledge about the objects of conservation, the solution is to protect ‘more’ - conservation even of potential places of occurrence of objects of conservation. Paradoxically 25 - the less we know, the more radical must be the conservation. Of course in some cases such activity could be too excessive - but it is just the price one must pay for the lack of knowledge... This approach probably raises in the planning process a lot of controversy. That means, after all, "more than you really need to" costs and "stronger than they really need to" restrictions. It is however necessary until knowledge concerning of Natura 2000 site is insufficient and we want efficiently to preserve its natural values. In this situation a support can be found in standards of European law. Article 6(2) of the Habitat Directive (that can you use also by SPAs requires to avoid any deterioration of natural habitats and habitats of species and significant disturbance of protected in Natura 2000 site species. That apply to both deterioration due human activity or due refrain from proper conservation). This requirement is not limited to habitats and species, which localization is known, concerns whole resources of habitats and species in each site. Also repeatedly stressed in this book, the precautionary principle requires prevention of the threats and implementation of appropriate conservation measures, without waiting until everything is inventoried, and significance of the threats are fully demonstrated. By participating in the planning process, explain issues of the completeness / incompleteness of identification of particular objects of conservation in the area. If knowledge is incomplete, try to realize this. If there is lack of data concerning objects of conservation, do not accept limitation of conservation only to those elements that are known. Apply for such measures, which preserve not fully recognized locations of habitats and species. Conflicts Nature conservation must affect different interests - otherwise it would be unnecessary, because nature would not be endangered and could protect itself. The same refers to the Natura 2000 site. Generally, in the planning process appears existing and potential conflicts related to this conservation. Practice shows, that most of the conflicts is based on misunderstanding and is easy to solve by simple clarification of what exactly each party depends. Conservation planning process is of course an excellent place to do that. For other conflicts, it turns out that restrictions that are necessary in order to conserve the Natura 2000 site are not so very big, and are then possible to negotiate and reach at the time of preparing the plan. However, some conflicts are a real clash of material interests and did not find an easy solution. In the planning process, such situations can not be hidden. The conservation of the Natura 2000 site can not be placed in a model that “avoids conflicts ". There are hard duties of conservation of the area - it must be planned and executed so as to avoid deterioration of protected habitats and significant disturbance of protected species. It must also carry out the mission which the site has in the preservation of the habitats and species in Poland. Apart from this line can not be undone. However, while allowing this condition, there is wide scope to seek solutions. It is obviously difficult. It is probably the hardest part of the planning process. It is necessary to apply basic principles of conflict resolution: a fair hearing and understanding the arguments of all parties, the treatment of all parties and all the arguments with respect. It may be useful to tap the experts in mediation and conflict resolution. Example In one of Natura 2000 site forest inspectorate had anxiety of deep forest management restrictions in relation to the conservation area. In fact, the objects of conservation are swamp forests and peat bogs distributed among the woods that are not used economically. Their conservation requires only about 50 m zone around the peat in which clearing cuttings are not allowed. For the rest large area between the peat bogs, forest management may be continued as before, does not adversely affect water conditions of bogs. The conflict, in fact, practically does not exist, and fears were the result of a misunderstanding of the requirements of the area conservation. 26 Example: In the Natura 2000 site Ostoja w Ujściu Wisły (Wistula Mouth) PLH220044, one of the object of conservation is grey seal. This is the only place on the Polish coast where this species occurs permanently. Local fishermen complain that the seals eat out of the fish (including valuable salmon) from the nets, and that this phenomenon is locally so intense that it results in unprofitable fisheries. Their postulate of hunting the seals and limit the number to 3-5 individuals, which according to them would be "acceptable number". The conflict is real. From the perspective of the Natura 2000 site, established for the seal, any interference which would violate art. 6 (2) of the Directive it is not possible - i.e. that would cause a destruction of the habitats, significant impact on the population of seals or significant disturbance. Any solution of this type can not therefore be included in the plan. Solutions may be found at most in the use of alternative fishing gear (that prevent the seals from eating fishes), or possibly to compensate fishermen for their losses. Conflict is not bad. It a problem, that requires searching for solution. By participating in the planning process, do not try to conceal conflicts but articulate and explore it. It is the first step to solve them. Do not yield to temptation of 'shortcuts': force the conservation plan that ignore conflict situations, or create a plan, that is ‘social desires - friendly’ : conflict-free, but ineffective in conservation the site. Determining the objectives of the conservation measures The vision of 'Favorable conservation status "is an idealistic and long term vision”. On its basis in the process of elaborating a plan should be a realistic vision to achievement in 10 years - the objectives of the conservation measures plan. However, in the case of conservation plan, it is adopted for 20-year planning period. Such objectives should be a step towards bringing the object of conservation towards ‘Favorable conservation status "- and this step should be not too small. Though the Birds or Habitats Directive does not contain any requirements about a term, in which general objective of Favorable conservation status of habitats and species it is to achieve, but you should take into account that: · EU leaders pledged to implement the so-called ‘2020 goal’, stop loss of biodiversity and restoration of nature, "as far as feasible". Deadline for 2020 should therefore be also taken into account as the deadline for restoring Favorable conservation status for objects of conservation within Natura 2000, as far as is technically feasible; · The Water Framework Directive requires the achievement by 2015 of all "water conditions" Favorable conservation status of objects of conservation in the Natura 2000 sites. Well-formulated objectives are specific, possible to verify. The mistake is to set activity as a goal itself. The objective can not be "striving for improvement ...", but it should be to achieve any particular state. A well stated objective has to be (so-called principle of SMART): a. Simple and understandable, b. Measurable, or at least verifiable, c. Achievable, d. Realistic, e. Time based (embedded in a specific term) - usually less than 10 years. 27 Formulating the objectives relating to water conditions, be aware that they will automatically be called. "Environmental objectives for water" and should be considered in planning for water management (see Chap. 4). In this case, you should take special care so that they are sufficiently specific and precise so that in the “water planning” they are clear enough and precise, so in that planning it is clear what elements of water quality are to achieved and / or maintain. Aims to achieve a Favorable conservation status are Korytnica river in Drawska Great Forest Natura 2000 site. Natura 2000 objective, to "mandatory goals’ package." In restore river continuity for Cottus gobio, became water environmental objective addition targets for ‘socioeconomic use of the area’ may be optionally formulated - for example, use the area for particular forms of tourism, sharing it, communication to the society of the importance of the sites’ conservation needs, etc. However, such objectives can not violate the core base - the effective and ambitious conservation of occurring in the area of habitats and species. The purpose of the discussion on this topic should be not only a compromise between conservation and other aspects of the site (some changes in the land use in exchange for some deviations from the requirement of conservation), but a consensus (full conservation and modified, and new management from which nature conservation benefits). Finding such solutions is of course one of the most difficult points of the planning process. Example: In the Natura 2000 site PLH080014 Nowosolska Dolina Odry following conservation objectives have been proposed for habitat 91F0 (Riparian mixed forests): ● Ensuring or preserving passive protection (exclusion stands from the exploitation) for the most valuable, representative patches covering at least 25% of the habitat’s area, maintaining of biodiversity of the site, including preservation of a Favorable conservation status of typical species like the middlespotted woodpecker Dendrocopos medius and great Capricorn beetle Cerambyx cerdo. ● providing for the entire site and each major forest complexes permanent contribution in patches of habitats stands older than 100 years at least at the level of 70%. ● Protection of the Odra River hydrological regime that guarantees maintaining the Favorable status of indicator "water conditions", including the acceptance of the occurrence of a spring period of at least 30 days a year with water level exceeded 400 cm at water gauge in Nowa Sól. Example: In the Natura 2000 site PLB080002 Dolina Dolnej Noteci following conservation objectives has been proposed for whooper swans and wild geese, wintering in the site: ● Securing the sustainability of water conditions suitable to the species in area between embankments of the Warta and Noteć River, in particular the presence in the period from November to April shallow, extensive backwaters. ● Acceptance for flooding for at least 90 days a year. ● Evaluation of mortality on power lines that cross the valley in order to take mitigation actions. 28 By participating in the process of preparing the plan, you can and should request that the objectives of the conservation measures plan are defined in an "ambitious but realistic" way, respecting the above-mentioned obligations. You should resist the tendency to limit the conservation objectives due to the anticipated financial difficulties, legal and organizational - effective conservation of Natura 2000 is obviously a difficult and challenging task, but it is our duty towards Europe. Longterm vision of the Natura 2000 site should be a consensus between nature conservation and socioeconomic aspects and not a compromise between conservation and land use. You should ensure that conservation objectives are set out in a way that is "verifiable" (and in general are SMART), and not only in the form of vague entries. For the aspects of the water bodies, it is worth emphasizing the connection of conservation objectives of Natura 2000 site with environmental objectives for water and the deadline for their implementation. Determination of conservation activities Conservation activities have to provide implementation of plan’s objective. While planning conservation activities you should determinate: the type of conservation activities, the range of work planned for implementation, and if appropriate conditions of execution; area or place their implementation; the term or duration and frequency of their implementation, the costs of their implementation, the entity responsible for their implementation and monitoring . Pointing responsible entity you may take into account: ● Supervisors of the area, ● entities cooperating in the conservation of the Natura 2000 site (eg, entities acting on behalf of the State, public authorities, water management, forest management, etc.) ● agricultural beneficiaries of direct payments from the European Union, within the scope of the requirement of compatibility, ● other parties with their consent. Recorded in the conservation plan activities can also be located outside the site, if it is necessary for the conservation of natural habitats and species in the Natura 2000 . Protective activities may include, in particular: ● performing certain single or repetitive tasks of active conservation, especially if the current state of the objects of conservation it the site has been assessed as inadequate or bad, ● implementation of modifications in the current management of natural habitats and habitats of species, if the present state of the objects of conservation has been evaluated as inadequate or bad / maintenance of certain methods of management of natural habitats and habitats of species, if the current state of the conservation object has been assessed as Favorable ● complete knowledge of the object of conservation if the conservation status of it is not possible to evaluate. Measures of active conservation required in the Natura 2000 site should conduct in most cases a supervisor of the area, and within the National Forests - forest inspector. Another entity, especially non-governmental, can also take this responsibility (e.g. tasks can undertake non-governmental organization in a frame of the the project), but only with the consent of a supervisor. In this situation the supervisor is released from responsibility of implementation of essential activities. Modification of methods of using the land can undertake each stakeholder (person).Determination of planning should be eliminated to modifications that are really useful from the point of view of objects of conservation (according to parameters and indicators of conservation state). Management of the site, that does not include modifications of plan can be considered as activity that can 29 have significant negative impact on the Natura 2000 site, what according of article 33 of Nature conservation act is against the law. Regional Directorate of Environmental Protection can impose to suspend such activities on the basis of art. 37 of the act. For the farmer, the introduction of appropriate modifications will become an element of cross-compliance rules (cross compliance) as part of their agricultural land use - that is, its compliance with the requirements of EU law, conditioning the receipt of EU subsidies to agricultural land. Example: In the project of measures conservation plan elaborated for the Natura 2000 site PLH260010 Lasy Suchedniowskie - there is proposal of modification for forestry according to the need of conservation of habitats type: 9110, 9130, 9170, 91P0 and xylobiotic beetles as well made: 1. Within Natura 2000 site there was ‘valuable nature area’ selected, for which it was assumed: - suspension of cuttings foreseen in forests management plan with exeption of felling IVa, IVd with intensity 10-15% of output state (planting 0,8-1,0) for 10 years (reduction of planting not bigger than 0,1-0,2), - leave active deadwood in in an amount that is not a threat for forest stand, - leave maximum amount of passive deadwood, the target is deadwood thicker than 10 cm >10% reserve of forest stand, - leave trees that are thicker as 40 cm, that thickness has 10% of forest stand thickness. 2. In rest of the forest of the Natura 2000 site forestry should be in traditional way, with an exception of habitat 91D0 (elimination of from forestry with 20 m buffer around patches) and 91E0 (elimination from forestry zones 40+40 m from streams, rest as group felling or shelter wood felling, leaving part of trees more than 40 cm thick). Example: In the Special Protection Area PLB320003 Dolina Dolnej Odry hunting of wild geese species and hunting of wildboars and wild geese in crane resting places during autumn period is a serious problem due to disturbance of birds. In elaborated conservation measures plan it is proposed to establish five ‘tranquility zones’, that are excluded from hunting on birds during whole year and excluded from hunting in a period 1 March - 30 November, during spring, autumn migration and breeding time. Opening site for hunting in the site in the late autumn and in winter (1 December-28 February) allow to eliminate big game like wildboar, especially to monitor of wild populations of wildboar. Due establishing zones objects of conservation should achieve Favorable conservation status. These restrictions should not influence hunting significantly in the site. Such zones cover only few percent of SPAs area and are located in unapproachable parts of the area, which are not in the use, therefore it has no impact on economy of the region. Example: In the project of conservation plan prepared for Special Protection Area PLH300012 Lasy Puszczy nad Gwdą (wielkopolskie voivodeshipit was proposed to establish in the forest so called ‘zones for anthropofobe species’ (species that avoid human). In this zones it is planned that: · forest management should lead to contribution of at least 40 % of the forests at the age of 80 years and 17% at the age over 100 years (rates increased in relation to the indicators set as a target for the whole of the Natura 2000 ), this target is predicted for 20 years, · reduction within borders of this zones work during the breeding of birds (from 15 February to 1 August), · resignation during the period of any works and treatments in stands over 80-year-old, · restriction of entry and residence of persons according to competence of forest inspector in connection with the Forest Act, · tourist trails should no be design through these zones trails. 30 In the same area one of the problem is the possible increase in the intensity of canoeing in comparison to the present day (which is likely because advertising was created and many companies organize trips, especially in the river Rurzyca). To prevent risks and protect the common golden eye, mergansers, Eurasian eagle owl and other birds species associated with rivers and their surroundings. For this site it is proposed that: · for river Rurzyca (that is protected as nature reserve) waters sports should be limited: in the period 1 July - 31 December maximally 50 kayaks pro Although canoieing is generally nature-friendly kind of tourism,in some sites day, whereas in the period 1 Januarymutst be limited for water fauna conservation 30 June -up to 20 kayaks pro day · in other rivers in the site number of kayaks should be monitor and if the number increases significantly (few times t medium values - for May- August more than 100 kayaks pro day on the Gwda river and more than 50 on other rivers ) attempts to reduce it should be made. Measures towards maintaining specific methods of land use in natural habitats and habitat of species are sometimes necessary, e.g. according to habitats and species dependent on agriculture. Such conservation tasks in the plan can be addressed also to non-state actors, such as farmers, but there is no obligation for them in a legal sense to implement particular way of farming. For the farmer, these records will be part of the application of cross compliance as part of their farms - that is, compliance with EU law, and it is a condition for receiving EU subsidies to agricultural land. Any management in a way that destroys the habitat that is protected, potentially result in exclusion of the right to any payment from the EU budget, and at the same time may be a so-called damage to the environment, which is associated with a legal obligation to repair and compensation (see Chap. 2.8 of this book). The farmer is not required to use her/his agricultural land. Responsibility of the state is to encourage him to continue such use. Helpful in that there may be agri-environmental programs. A problem is that agrienvironment payments may not be gratification for carrying out the obligatory duties that resulted from a law. Records of the plan should be skillfully constructed - so that with one hand effectively defined the conditions for objects conservation, and rightly confined boundary conditions of such behavior, on the other hand would not result in excluding the possibility of using agri-environmental programs. Under specific conditions of particular areas, the standard agri-environmental programs (tailored for average conditions in the country) may also prove to be ineffective. So you can not assume that agrienvironmental programs are a panacea for all problems of protection of Natura 2000, appearing at the interface with agriculture. Example In the Natura 2000 site PLH120018 Gorce one problem is preservation of mountain clearings, that requires extensive pasturage. Because of the difficult mountainous conditions, significant fragmentation of ownership and a significant bureaucratic burden associated with participation in agri-environmental program, maintaining usage of clearings, even with the support of agri-environment program, it is not profitable for their owners, as indeed some of them were trying to verify by participating in the program, and then withdrawing from it. In some cases, the good protective effect may be to create within the Natura 2000 another, national nature conservation form. You can use this approach when for the effective protection of objects in Natura 31 2000 site you need a package of regulations from one of these national forms. For example, establishing the river as a nature reserve is necessary to restrict the kayak tourism, harmful to the objects of conservation of this site. Either establishing part of the forest as a nature reserve is the easiest way to exclude it from an economic use, which is desirable for the conservation of natural habitats. This possibility should not be abused. Conservation of the Natura 2000 site should not be reduced only to postulate of the creation of other forms of nature conservation within the site. Example: During the discussions on the program of local cooperation elaborated for Natura 2000 site PLH300012 Rogalińska Dolina Warty it was stressed that for effective conservation of the site it is necessary to establish for the most precious old river-beds and some parts of the forest, nature reserves. That excludes these fragments from the forest management and old river bed from pressure of angling. One activity provided in the conservation measures plan - if needed - can be to carry out researches or inventories. It is advised to predict such a need, especially when the lack of knowledge is critical for effective conservation of objects of conservation. The program of conservation measures should ensure achievement of described objectives. You can not restrict the necessary measures in view of the difficulties - legal, organizational or financial. Effective conservation of the Natura 2000 site is our duty, in spite of "some difficulties", which causes such protection. The conservation measures plan is a tool to find a way to overcome such difficulties. Example: In the pilot study of conservation of Natura 2000 site PLC200004 Puszcza Białowieska, for conservation of one species butterfly The Danube Clouded Yellow Colias myrmidone such activities were planned: cutting shrubs and trees from active trackway and old trackway Hajnówka-Bialowieża (90 %, 2-3 times) and than alternating mowing in 2-3 years, with leaving shrubs of broom. By participating in the planning process, you could and should make remarks and conclusions based on mentioned above principles. Monitoring Monitoring in the conservation measures program is recorded as one of the protective action. It is here in particular to design a local monitoring program, using methods relevant to local needs, in such a way that it provide to supervisor needed "warning signals" of potential threats to the objects of conservation (for example there have been initial signs of deterioration of object of conservation detected). You should monitor: · parameters that were used to determine the conservation objectives; · factors threatening the objects of conservation, and the parameters that are most sensitive to the identified threats (they can be used for early warning, indicating that state of the object of conservation is getting worse); · parameters and indicators of conservation status of species and habitats that are based on the standard methodology for monitoring of natural habitats and species - established the whole Poland , adopted in the state monitoring of the nature. Monitoring have to provide data for reporting to the supervisor of the Natura 2000. Appropriate monitoring should be recognized as one of the planned conservation measures. By participating in the planning process, you could and should make remarks and conclusions based on mentioned above principles. 32 Indications of necessary changes in the land use plans In the process of elaboration of conservation plan existing plans in urban planning, concerning the site or documents that could have significant negative impact on the sites have to be analyzed. In case of detecting negative influences, appropriate proposals for those elements included in studies or plans, which implementation harm or create risk of significant negative impact on Natura 2000 site, have to be change. There could be also instructions prepared, that should be used during elaboration of changes of studies or plans in order to implement objectives of the site conservation. Example: In the project of conservation measures plan for the Natura 2000 site PLH240016 Suchy Młyn it is indicated that: ● in an existing urban plan elaborated for one community it is necessary to exclude possibility of building area by the Pilica river. This development of building is against of the requirement to preserve Favorable conservation status for species of fishes, which need natural hydromorphology and regime of the river; ● in valid study of conditions and directions of spatial planning of one community, there should be made a change of planned afforestations. Currently this area covers protected natural habitats that can not be afforested. By participating in the process of planning, you could and should make comments and proposals, indicating that the records of existing studies and plans are incompatible with the protection of Natura 2000, and which records should not enter the study and plans for the future. Logic of the planning A well-written conservation plan/conservation measures plan has a strictly defined logical framework: ● For each of the identified risks for objects of conservation should be scheduled with opposed activities. It should be set also a target of the conservation measures plan that liquidate or reduce the threat. ● The vision of the Favorable conservation status should refer to specific parameters and indicators of conservation status of a species or natural habitat. The same that are used for monitoring of the habitat or species. ● Objectives of measures conservation plan should be determined so as to improve reaching the strategic objectives that is proper state of conservation of objects. ● The objectives of conservation measures plan should be logical consequence of current state of objects of conservation and refer to all identified risks. ● Scheduled tasks should serve for implementation of operational objectives. For each objective you need to plan an activity and each of the activities should serve to achieve one of objective. ● Plan’s objectives and activities must be written in a concrete and verifiable way, so that it is always possible to determine whether and to what extent objectives are achieved or activities implemented. The purpose may not be as "striving for ...". ● If an obstacle in the planning is lack of knowledge about all or some of the objects of conservation, supplementing this knowledge should be one of the operational objectives, and the necessary researches or inventories - one of the tasks. At the same time, in such a situation, the proposed conservation must be "redundant" in accordance with the precautionary principle (you can not wait with planning of conservation for the necessary researches). 33 ● Monitoring must be designed in the way that allows assessment of implementation and achievement of objectives of conservation measures plan. ● Monitoring should also be designed to provide information on the conservation status of resources of species or habitats within Natura 2000 site. This condition should be evaluated on the basis of criteria and indicators adopted for the species or type of habitat in the national monitoring ( it should be obvious, since under the same parameters and indicators should be objectives of the conservation measures plan constructed ). By participating in the planning process, you could and should make remarks and conclusions based on mentioned above principles. Important European rules According to art. 6(1) and 6(2) of the Habitat Directive and the Birds Directive Poland has a duty to: ● avoid the deterioration of natural habitats and the habitats of species as well as significant disturbance of the species for which the Natura 2000 sites have been designated (that concerns deteriorations that are both a result of human activity or abandonment of proper conservation); ● undertake appropriate steps suitable for ecological needs of objects of conservation that lead to preservation or restoration of Favorable conservation status of objectives of conservation. These responsibilities define the overall objective of both the protection of Natura 2000 sites and its planning. The duty of conservation according to the art. 6 (2) of the Directive is created immediately after establishing the ‘bird area’ / approval from European Commission of the ‘habitat area’. With its implementation you can not wait until plan of the conservation site is ready or researches or expertise prepared. The obligation to take proactive actions can therefore be part of detailed and planned in time program of activities. All authorities and entities that are representing the state have to, in a frame of its competences, implement this objective. A special role plays supervisor of Natura 2000 site that is directly responsible for the carrying of these objectives drawing up appropriate plans organizing effective cooperation of respective holders. Planning instruments of Natura 2000 (conservation measures plan of Natura 2000, conservation plan of Natura 2000 or an approach in adequate range of other conservation plans) are tools that could and should be helpful for supervisor. In planning the conservation of the Natura 2000 site are in force also another rules arising from European law, further presented in Chapter 1 and 2 of this book. Particularly important is the "planning character" of the precautionary principle: undertaking of conservation measures should be required if only the existence of a causal link between threatening factor, and the expected negative changes in the environment is sufficiently possible". "If there is uncertainty towards the existence or extent of the risks, you should take protective measures without having to wait until the reality and seriousness of those risks will be fully demonstrated." Thus, protective measures should be taken; restrictions in the name of nature conservation could and should be implemented without waiting for hard and conclusive evidence of negative effects. You can not accept the risk of insufficient conservation of habitats and species, but you can accept the risk that we will protect them "too much" How to use the plan? · The conservation plan for the Natura 2000 site, which is established by the Minister of the Ministry of the Environment is an act of common law and established by the Regional Director of Environmental Protection conservation measures plan - is the act of local law. These plans are 34 therefore sources of law.. Implementation of the elaborated and accepted plan is a responsibility of the body responsible for conserving of the Natura 2000 site, as well as entities working on behalf of the state. From them you can require the implementation of the plan. Shelve the plan and lack of implementation defect European law,, which in relation to other countries has already been confirmed by the Court of Justice of the European Union. · If anyone within the Natura 2000 site undertakes any action inconsistent with the arrangements of the conservation plan, the Regional Director of Environmental Protection, as a supervisor in this area, is required to order their immediate suspension - according art. 37, paragraph 2 of the Polish Nature Conservation Act, and take the prescribed time limit activities necessary to restore the previous state of the site, its parts or the protected species. · The conservation plan can not be a source of generally applicable prohibitions. These can be entered only by the act., however, polish law (Article 33 of the Nature Conservation Act) introduces a prohibition of activities that may, alone or in combination with other measures have a significant adverse impact on the conservation objectives of Natura 2000 site, including in particular degradation of the natural habitats or habitats of species of plants and animals for which conservation the Natura 2000 site is established, negative affect of the species for which conservation Natura 2000 has been designated or degradation of the integrity of the Natura 2000 site or its connections with other sites. The plan, although it can not alone prohibit anything, can specify what kind of activities might be considered as inconsistent with the Articles cited above 33rd. · For the farmer determinations of the plan will become part of cross-compliance of the agricultural economy of European environmental requirements. Compliance with these requirements is a condition for receiving EU subsidies to agricultural land and other payments from EU sources, such as agri-environment. In practice, in the case of non-compliance, first farmer will receive relatively small financial penalties, but further inconsistency with these requirements would result in loss of entitlement to payment. · Established conservation plan or conservation measures plan for the Natura 2000 site - as a valid act of the law -creates a framework for other prepared plans. Local development plan or forest management plan can not be inconsistent with the plan drawn up for the conservation of Natura 2000. Possibility of conflicts should be examined during strategic environment impact assessment. · We should require from Regional Directorate of Environmental Protection, forest inspectorate, and other stakeholders, that are working on the behalf of the state, to implement all what states in the plan. Lack of execution of the planned activities could potentially be considered a violation of its obligations under Article. 6 (1) of the Habitats Directive and art. 3 (2) and 4 (4). If as a result of not implementing the provisions of the plan came to the deterioration of the protection of protected habitats and species - it would be obvious breach of the conditions of Article. 6 (2) of the Habitats Directive. 35 Keep in the mind! 1. Records in the plan may also concern the locations outside the Natura 2000 site - until it is necessary for the preservation of the objects of conservation in this site. 2. List of the threats determined in the plan will be used for qualifying undertakings and plans during complete environmental impact assessment for the site. Undertakings identified as "potential threat" will surely required such assessment. It is therefore necessary to introduce in the 'list of threats' entries, that will show potentially dangerous types of undertakings - in the future it can help to justify the requirement of the precise assessment. 3. If the undertaking is included in the conservation plan, it is not a release of obligation of preparing the assessment of impacts on the Natura 2000 site. The exemption applies only for this undertakings, that serve directly and strictly for the protection of objects of conservation. 4. Objectives of the plan in relation to water conditions will become mandatory environmental objectives for water in terms of the requirements of the Water Framework Directive - according to the European law, there is an obligation to achieve them by 2015, unless the proceedings in accordance with Directive forseen derogation of the term (but in no case later than 2027). That this requirement of European law was not yet properly transposed into Polish law. 5. The assignation of the plan will be mandatory for the farmers as so. cross compliance. Violation of such arrangements will result in financial sanctions for the farmer to receive direct payments. It is therefore important to include such determinations that would give possibility to use these restrictions. 6. If anyone violates restrictions of the plan, the administration of nature conservation has to under Polish law to order the suspension of action and reconstruction on earlier state. It is therefore important to establish in a plan a record that enables application of this regulation. 7. In the conservation plan should be included a monitoring system, that would generate "warning signal" in the case when it is ‘something wrong’ with objects of conservation. It is worth reading: · · · Alexander M., A guide to management planning. Conservation Management System Consortium, Talgarth, Wales, UK, 2010 (http://www.cmsconsortium.org) Idle E., Bines T., Planowanie ochrony obszarów cennych przyrodniczo. Przewodnik dla praktyków i ich szefów. Tłumaczenie i adaptacja: Kierus M., Pawlaczyk P. Wydawnictwo Klubu Przyrodników, Świebodzin 2004 (www.kp.org.pl). Setting conservation objectives for Natura 2000 sites. EC DG ENV, note draft (2011, November, 18th) 36 Annex I Plans of Natura 2000 sites used as a base of experience presented in this report Code PLB.. indicates SPAs, code PLH indicates SCIs (future SACs), code PLC indicates site with combined SPA&SCI status Site code PLB020006 PLB040002 PLB080002 PLB120008 PLB140004 PLB140011 PLB140013 PLB200005 PLB220004 PLB220005 PLB220010 PLB240001 PLB280010 PLB300017 PLB320001 PLB320003 PLB320005 PLB320009 PLB320016 PLB990033 PLC080001 PLH020004 PLH020006 PLH020044 PLH040013 PLH040018 PLH040019 PLH040022 PLH060016 PLH060098 PLH060101 PLH060105 PLH080001 PLH080006 PLH080012 PLH080014 PLH120013 PLH140001 PLH140035 PLH160002 PLH160007 PLH200001 PLH200003 Site name Góry Stołowe Bagienna Dolina Drwęcy Dolina Dolnej Noteci Pieniny Dolina Środkowej Wisły Bagno Całowanie Ostoja Kozienicka Puszcza Augustowska Ujście Wisły Zatoka Pucka Bielawskie Błota Dolina Górnej Wisły Zalew Wiślany Ostoja Rogalińska Zalew Kamieński i Dzwina Dolina Dolnej Odry Jezioro Miedwie i Okolice Zalew Szczeciński Lasy Puszczy nad Drawą Zatoka Pomorska Ujście Warty Góry Stołowe Karkonosze Stawy Sobieszowskie Cyprianka Torfowisko Mieleńskie Ciechocinek Krzewiny Popówka Wrzosowisko w Orzechowie Horodyszcze Maśluchy Dolina Leniwej Obry Ujście Noteci Kargowskie Zakola Odry Nowosolska Dolina Odry Pieniny Bagno Całowanie Puszcza Kozienicka Góra Świętej Anny Góry Opawskie Jeleniewo Ostoja Suwalska 37 PLH200004 PLH220002 PLH220019 PLH220032 PLH220044 PLH240016 PLH240040 PLH260001 PLH260010 PLH260014 PLH260041 PLH280007 PLH280032 PLH280046 PLH280047 PLH280050 PLH280054 PLH280055 PLH300001 PLH300003 PLH300003 PLH300010 PLH300012 PLH320006 PLH320009 PLH320011 PLH320018 PLH320019 PLH320036 PLH320037 PLH320046 PLH320047 PLH990002 Ostoja Wigierska Białe Błoto Orle Zatoka Pucka i Półwysep Helski Ostoja w Ujściu Wisły Suchy Młyn Las koło Tworkowa Dolina Krasnej Lasy Suchedniowskie Dolina Bobrzy Wzgórza Chęcińsko-Kieleckie Zalew Wiślany i Mierzeja Wiślana Uroczysko Markowo Swajnie Torfowiska Źródliskowe koło Łabędnika Niedźwiedzie Wielkie Mazurskie Bagna Mazurska Ostoja Żólwia Baranowop Biedrusko Dąbrowy Obrzyckie Dąbrowy Krotoszyńskie Ostoja Wielkopolska Rogalińska Dolina Warty Dolina Płoni i Jezioro Miedwie Jeziora Szczecineckie Wielki Bytyń Ujście Odry i Zalew Szczeciński Wolin i Uznam Bagno i Jezioro Ciemino Dolna Odra Uroczyska Puszczy Drawskiej Warnie Bagno Ostoja na Zatoce Pomorskiej The report was generously supported by the European Commission, however it does not necessary reflect its position and opinions. 38
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