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Protection of the Meridian Frog (Hyla Meridionalis)

Country/Territory
International
Type of court
Others
Date
Dec 21, 2000
Source
UNEP, InforMEA
Court name
International Court of Environmental Arbitration and Conciliation
Seat of court
San Sebastian
Judge
Madar
Mestre
Pirro
Posse
Pita
Reference number
EAS CC 9/2000
Language
English
Subject
Wild species & ecosystems
Keyword
Protected area Wild fauna Endangered species
Abstract
The Meridian Frog (Hyla Meridionalis) was considered to be the only amphibian endangered of extinction of the Basque Country according to the Basque Catalogue of Endangered Wild Fauna and Flora. Hyla Meridionalis was listed in appendix II of the Convention of the Conservation of European Wildlife and Natural Habitats as a strictly protected fauna species. Reproduction of Hyla Meriodionalis was effective only in the area of Gurelesa dam, where 85% of adults were concentrated. The lands of Gurelesa dam were sold to a company intending to refill the dam and construct an industrial pavilion as a part of a business area. The Conservationist Association Haritzalde formally requested the declaration of Gurelesa dam as a protected habitat, but until the date of presentation of the petition to the International Court of Environmental Arbitration and Conciliation it did not receive any formal answer. In order to reach its consultative opinion, the court interpreted the relevant Spanish national legislation as well as international conventions. It concluded that the petition of the conservationist association could be considered as justified. The intended construction of a business park in the natural habitat of Hyla Meridionalis would violate legal provisions aimed at the protection of this strictly protected species including the Order 167/1996 Basque Catalogue of Endangered Species of Wild Fauna and Flora, the Act 16/1994 on Nature Conservation of the Basque Country, the Convention on the Conservation of European Wildlife and Natural Habitats and the Convention on Biological Diversity. The conservationist association could request that the competent authorities change the land use plan of the relevant area and declare the natural habitat of Hyla Meridionalis a protected area. The association could also prepare, in due co-operation with competent authorities, a status report including appropriate and necessary legislative and administrative measures to ensure the conservation of the habitat.
Full text
EAS CC 9 2000.htm

References

Cites

Convention on Biological Diversity

Treaty | Multilateral | Rio de Janeiro |

Keyword: Sustainable use, Subsidy/incentive, Policy/planning, Ecosystem preservation, Access and benefit sharing, Traditional rights/customary rights, Protected area, Management/conservation, Financing, Institution, Liability/compensation, Protection of habitats, Alien species, Biodiversity, EIA, Research, Monitoring, Genetic resources, Dispute settlement, Ex-situ conservation, Data collection/reporting, Technology transfer, Biotechnology, Education, Crops/grasses

Source: IUCN (ID: TRE-001148)

Convention on Wetlands of International Importance especially as Waterfowl Habitat

Treaty | Multilateral | Ramsar |

Keyword: Biodiversity, Ecosystem preservation, Birds, Protection of habitats, Wetlands, Monitoring, Management/conservation, Migratory species, Coastal zone management, Protected area, Land-use planning

Source: IUCN (ID: TRE-000531)

Convention on the Conservation of European Wildlife and Natural Habitats

Treaty | Multilateral | Bern |

Keyword: Management/conservation, Migratory species, Hunting gear/hunting methods, Stock enhancement/repopulation, Ecosystem preservation, Wildlife products, Wild flora, Endangered species, Institution, Land-use planning, Hunting/capture, Biodiversity, Protection of species, Monitoring, Protection of habitats, International agreement-text, Wild fauna

Source: IUCN (ID: TRE-000473)