A Legal-Ecological Understanding of Favorable Conservation Status for Species in Europe

Epstein, Yaffa; López‐Bao, José Vicente; Chapron, Guillaume

doi:10.1111/conl.12200

Cited by 67 publications

(63 citation statements)

References 26 publications

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“…Due to the clear limits it imposes on member states' domestic discretion and its high degree of enforceability at the national and the EU level (see ''How interpretation questions reach the EU Court'' section), the regime composed by the two Directives is generally regarded as an influential legal framework which is highly effective when compared to other international legal instruments for biodiversity conservation (Verschuuren 2003;Bowman et al 2010;Fleurke and Trouwborst 2014;Born et al 2015;Schoukens and Bastmeijer 2015;Bastmeijer and Trouwborst 2015;Epstein et al 2016). Many species have profited from the protection of their habitat-nearly one-fifth of EU land territory is currently included in the Natura 2000 network-and/or the restrictions placed on their exploitation or persecution (Deinet et al 2013).…”

Section: Context: Confusion Concerning Fcs Concept Impairs Effectivenmentioning

confidence: 99%

“…EU member states have undertaken individual attempts to operationalize the concept. Finally, aspects of the FCS concept have been the subject of academic studies (Mehtälä and Vuorisalo 2007;Trouwborst 2014b;Epstein et al 2016;Epstein 2016).…”

Section: Context: Confusion Concerning Fcs Concept Impairs Effectivenmentioning

confidence: 99%

“…Important questions in this regard concern the scale at which FCS should be measured (Trouwborst 2014b;Epstein 2016); the role of demographic and genetic factors in measuring FCS (Laikre et al 2009;Epstein et al 2016); and whether FCS should be measured upwards from extinction or downwards from carrying capacity ). This lack of clarity has fed controversies over whether or not FCS has been achieved for particular populations-the Scandinavian wolf population being a case in point (Chapron 2014;Epstein 2016).…”

Section: Context: Confusion Concerning Fcs Concept Impairs Effectivenmentioning

confidence: 99%

“…Moreover, large carnivores are the only species group for which specific guidance concerning the operationalization of FCS has been endorsed by the European Commission (Linnell et al 2008). Certain elements of this guidance regarding FCS for large carnivores have subsequently been contested (Laikre et al 2009;Epstein et al 2016). After exploring these and other special traits of large carnivores (''FCS for large carnivores in Europe'' section), we focus on three hitherto controversial questions regarding the interpretation of the FCS concept, namely the aforementioned question of scale (''The appropriate scale(s) to achieve FCS for large carnivores'' section), the respective roles of demographic, genetic and ecological factors (''Demographic, genetic and ecological factors'' section), and the question of avoiding extinction versus restoring to carrying capacity as benchmarks for FCS (''Extinction versus carrying capacity as benchmarks'' section).…”

Section: Objective and Outlinementioning

confidence: 99%

“…Here, the chief question is whether conservation status ought to be assessed at the (sub)national level or the transboundary population level-or both (Trouwborst 2014b;Epstein et al 2016;Epstein 2016). The scarce case law of the CJEU on this count may prima facie be taken to support the former, (sub)national approach.…”

Section: Fcs In the Context Of Species Protectionmentioning

confidence: 99%

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Interpreting ‘favourable conservation status’ for large carnivores in Europe: how many are needed and how many are wanted?

2016

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The EU Habitats Directive is a key biodiversity conservation instrument. It contains legal obligations for the 28 EU member states in order to safeguard a 'favourable conservation status' (FCS) for selected species and habitat types. The crucial FCS concept itself, however, remains subject to considerable confusion regarding its proper interpretation and operationalization, impairing the Directive's effective implementation. Diminishing this confusion is the purpose of this review. It focuses specifically on large carnivores-wolf (Canis lupus), brown bear (Ursus arctos), Eurasian lynx (Lynx lynx) and wolverine (Gulo gulo). These pose particular challenges, given their low densities, transboundary populations, and human-wildlife conflict potential. Large carnivores are also the only species for which specific guidance has been adopted by the European Commission-and subsequently contested. Our methodology combines legal analysis with an understanding of the species' ecology and associated social, economic and cultural dimensions. We analyze the methods and processes through which EU law is interpreted, implemented, and enforced, by member states, European Commission, and EU Court of Justice-which is the ultimate authority regarding EU law interpretation. On that basis, we engage three particularly complex interpretation questions which are also of great practical significance: (1) the appropriate scale to achieve FCS (national or transboundary population level); (2) the respective roles of demographic, genetic and ecological factors in determining FCS; and (3) the use of extinction versus carrying capacity as benchmark. 123Biodivers Conserv (2017) 26:37-61 DOI 10.1007/s10531-016-1238 Regarding these questions, we identify approaches that are workable and effective, as well as likely to be endorsed by the EU Court.

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Section: Context: Confusion Concerning Fcs Concept Impairs Effectivenmentioning

confidence: 99%

Section: Context: Confusion Concerning Fcs Concept Impairs Effectivenmentioning

confidence: 99%

Section: Context: Confusion Concerning Fcs Concept Impairs Effectivenmentioning

confidence: 99%

Section: Objective and Outlinementioning

confidence: 99%

Section: Fcs In the Context Of Species Protectionmentioning

confidence: 99%

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Interpreting ‘favourable conservation status’ for large carnivores in Europe: how many are needed and how many are wanted?

2016

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Shifting baselines for species in chronic decline and assessment of conservation status. Are hazel dormiceMuscardinus avellanariusEndangered?

Scopes

Goodwin

Al-Fulaij³

et al. 2023

Ecol Sol and Evidence

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Long‐term data are beneficial for monitoring the conservation status of species. Assessments of population change over recent periods of fixed duration will, however, be subject to ‘shifting baselines’, where the accepted norm for the population at the start of the period already represents a reduction from historical levels. International Union for Conservation of Nature Red List criteria for categorizing conservation threat rely on assessing declines against quantitative thresholds, generally measured over 10 years, as indications of the likelihood of extinction in the near future. By contrast, legal frameworks such as the European Habitats Directive require states to achieve and sustain ‘Favourable Conservation Status’ for protected species, while domestic conservation legislation can have more diverse objectives and mechanisms, based on local contexts that extend beyond biological or quantitative criteria. We explore the challenges associated with assessing the risk of extinction and the conservation status that arise from the availability of long‐term monitoring data for hazel dormice Muscardinus avellanarius in the United Kingdom. Numbers of adult dormice counted in the National Dormouse Monitoring Programme are in ongoing decline, amounting to an overall decline of 78% (95% confidence interval = 72%–84%) over 27 years, 1994–2020. If the observed annual rate of decline of 5.7% (95% CI = 4.7%–6.8%) were to continue unabated, dormouse counts would decline by >90% from 1994 to 2034. Despite this, the species would never be categorized as Endangered, under IUCN criteria, which specify a reduction of >50% within 10 years. While such chronic decline may not indicate imminent risk of extinction, justifying a higher Red List category, it is a demonstration of unfavourable conservation status at a national scale. Prioritization based on demonstration of such chronic declines might direct more effective action towards species conservation at a point when their recovery is more attainable, rather than attempting later to reverse a journey to the brink of extinction when the species is finally ‘Endangered’.

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Conservation management of common dolphins: Lessons learned from the North‐East Atlantic

Murphy

Evans

Pinn

et al. 2019

Aquatic Conservation

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1. The short-beaked common dolphin is one of the most numerous cetacean species in the North-East Atlantic and plays a key functional role within the ecosystem as a top predator. However, in 2013, its conservation status for the European Marine Atlantic, under Article 17 of the Habitats Directive, was assessed as 'Unfavourable-Inadequate'. Of key concern for this species is fishery bycatch, with pollution also being an issue. There are, however, major knowledge gaps concerning the extent of the effects of such pressures on the species.2. Implementation of national observer bycatch programmes and bycatch mitigation measures under EC Regulation 812/2004 has been important. The responsibility for this is currently being transferred to the EU fisheries Data Collection Framework and Technical Measures Framework, the potential advantages and disadvantages of which are discussed. Collection of data and samples through national stranding schemes in some countries has enabled assessments of life-history parameters, dietary requirements, and the effects of stressors such as pollutants. Nevertheless, in order to improve the conservation status of the North-EastAtlantic population, a number of key actions are still required. These include the implementation of a species action plan, finalization of a management framework procedure for bycatch, and coordination between member states of monitoring programmes. It is important that there is monitoring of the state of the common dolphin population in the North-East Atlantic management unit through regular surveys spanning the range of the management unit, as well as continued assessment of the independent and interactive effects of multiple stressors. Above all, conservation status would be improved through application and enforcement of existing legislation in European waters. 4. This paper provides a summary of the current state of our knowledge of common dolphins in the North-East Atlantic along with recommendations for conservation management that may also be relevant to the species in the Mediterranean Sea.

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A Legal-Ecological Understanding of Favorable Conservation Status for Species in Europe

Cited by 67 publications

References 26 publications

Interpreting ‘favourable conservation status’ for large carnivores in Europe: how many are needed and how many are wanted?

Interpreting ‘favourable conservation status’ for large carnivores in Europe: how many are needed and how many are wanted?

Shifting baselines for species in chronic decline and assessment of conservation status. Are hazel dormiceMuscardinus avellanariusEndangered?

Conservation management of common dolphins: Lessons learned from the North‐East Atlantic

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