Access restriction decree seabed conservation area
ANNEX IISupplementary provisions
ANNEX II Access restriction decree seabed conservation area 13 May 2008 Minister of Agriculture, Nature and Food Quality Restriction of access to natural areas under Section 20 of the Nature Conservation Act 1998 for the ‘Voordelta’ Natura 2000 area. INTRODUCTION Section 20, Subsection 1, of the Nature Conservation Act 1998 ( 1 ) stipulates that provincial executives may restrict access to protected nature reserves as defined under Section 10, Subsection 1; designated areas as defined under Section 10a, Subsection 1; other areas for which such a designation is under consideration as defined under Section 12, or parts of such areas in so far as is necessary for the conservation of the ecological value of said area. Section 20, Subsection 2, of the Nature Conservation Act 1998 stipulates that the authority as defined in Subsection 1 rests with the Minister of Agriculture, Nature and Food Quality in agreement with another Minister in the event that the area as defined under Subsection 1, or a part thereof, is managed by or falls under the jurisdiction of that Minister or other Ministers. The following decree is to be enacted in agreement with the Minister of Transport, Public Works and Water Management. The Regional Affairs mandate ( 2 ) in force at the Ministry of Agriculture, Nature and Food Quality stipulates that the Southern Regional Director for this ministry be authorised to take this decision on behalf of the Minister of Agriculture, Nature and Food Quality. It is necessary to restrict access to a number of areas within the ‘Voordelta’ Natura 2000 area (hereinafter ‘Voordelta’) in order to protect the existing and future ecological value of the area. The basis for imposing such access restrictions can be found in the Voordelta Designation Decree (19 February 2008, ref. DRZO/2008-113) with regard to fulfilling Voordelta Natura 2000 objectives, as well as compensation obligations as incorporated into the Nature Conservation Act licence (17 April 2008, ref. DRZW/2008-1670) issued for construction and presence of Maasvlakte 2. This is described in more detail in the general explanatory note accompanying this decree. This decree specifically regulates restricted access to the areas detailed below. Specific exceptions to access restrictions detract in no way from any licensing requirements as defined under Section 19d of the Nature Conservation Act 1998, unless exceptions as defined under Section 19d, Subsection 2, of the Nature Conservation Act 1998 (projects or activities in accordance with the management plan) are applicable. DECREE Section 1 Access to the seabed conservation area in the Voordelta, as shown on the map accompanying this decree, is to be restricted for beam trawling with an engine capacity greater than 191 kW (260 hp). Restricted access applies throughout the whole of the year. Section 2 1. The area to which access has been restricted by virtue of this decree is shown on the associated map titled ‘Toegangsbeperkingsbesluit bodembeschermingsgebiet Voordelta’ [access restriction decree — Voordelta seabed conservation area] and defined in detail by means of coordinates. 2. Maps and other appendices as indicated in Subsection 1 can be viewed for inspection for a period of six weeks after publication, at the offices of the Southern Regional Affairs Directorate of the Ministry of Agriculture, Nature and Food Quality located at Keisersgracht 5 in Eindhoven. Office hours are from Monday to Friday, from 9 a.m. to 5 p.m. Section 3 This decree is to be announced in the Staatscourant [Government Gazette]. An explanatory memorandum accompanying this decree must be read in conjunction with the order. MINISTER OF AGRICULTURE, NATURE AND FOOD QUALITY per pro Southern Regional Director Objections It is possible for stakeholders to lodge an objection to this decree in writing under provisions set out in the General Administrative Law Act. Any such notices of objection should be lodged within six weeks of the order's publication in the Staatscourant [Government Gazette] at the following address: Minister of Agriculture, Nature and Food Quality Dienst Regelingen Afdeling Recht & Rechtsbescherming PO Box 20401 2500 EK The Hague Netherlands Notices of objection should be signed and should include at least the following information: (a) name and address of the party lodging the objection; (b) date; (c) description of the decree against which an objection is being lodged; and (d) grounds for objection. EXPLANATORY MEMORANDUM Natura 2000 areas The Voordelta is home to flora and fauna of special ecological value. This is why this area has been designated a Natura 2000 area under the auspices of the EU Birds and Habitats Directive. The Netherlands is obliged to establish and maintain a ‘favourable conservation status’ for certain species and their habitats. Wildlife conservation is legally regulated under the Flora and Fauna Act, and conservation areas are legally regulated under the Nature Conservation Act 1998. The Nature Conservation Act 1998 requires that a management plan be established for all Natura 2000 areas. Flora and fauna of special ecological value can be found throughout the whole of the Voordelta; however, the greatest diversity is located in the northern half of the area. Conservation measures are therefore most effective when applied to these northern areas. Maasvlakte 2 Compensation Report Development of Maasvlakte 2 in the Voordelta Natura 2000 area will result in the loss of flora and fauna of ecological value due to a reduction of the Natura 2000 area's size by 2 455 hectares. The key spatial planning decision (hereinafter KSPD), Rotterdam Main Port Development 2006 , stipulated that this loss be compensated by establishing a conservation area elsewhere in the Voordelta, where usage restrictions could be imposed. The KSPD also stated that usage restrictions and other measures would help improve the ecological value of the conservation area. Ecological demands were taken into consideration and weighed against the extent to which restrictions should be imposed on human activity, particularly in light of existing usage, human or otherwise. The Nature Conservation Act licence issued for the construction and presence of Maasvlakte 2 includes a compensation obligation concerning Habitat Type 1 110 and a number of species of bird. Measures In the short term, it is important to limit access to certain areas of the Voordelta in order to be able to compensate in a timely fashion for the effects of the construction and presence of Maasvlakte 2, and in order to maintain a watch on the conservation and preservation of flora and fauna of ecological value as incorporated in the Voordelta Designation Decree. Applicable measures for the Voordelta will also be incorporated into the Voordelta management plan. Until this management plan comes into effect, Section 19d of the Nature Conservation Act 1998 remains fully applicable. This decree is only aimed at regulating access and restriction of access to certain areas, but does not provide for any dispensations for licensing requirements in cases where these stem from any applicable legislation. The Environmental Impact Assessment document and the appropriate evaluation (made for the preparation of the Voordelta management plan) are the foundations for the access restriction decrees. They will also be incorporated in the Voordelta management plan. The goal of the management plan and of the access restriction decree is: to conserve the protected natural assets, to compensate for the loss of protected natural assets through the construction of Maasvlakte 2 and within the bounds of this nature conservation take into account the interests of recreational users, tourism and fisheries. The management measures, such as the present access restrictions, will, if necessary, be adjusted on the basis of monitoring and evaluation. Explanatory notes on access restrictions Maasvlakte 2 Compensation Habitat Type 1 110 (permanent sandbanks in shallow coastal waters) Many species of land animal and fish live on sandbanks in alternating fresh and salt-water tidal deltas. These delta areas are an important feeding ground for birds and seals, which is why it is so important to conserve them. In total, 2 455 hectares of this type of habitat in the Voordelta will be lost due to expansion of Rotterdam Port to Maasvlakte 2. Part of the soil fauna (biomass) will disappear due to the loss of this land area that would otherwise serve as food for fish and birds. Since it is not possible to create sandbanks in shallow coastal waters at any other locations, measures are being taken to improve the quality of similar parts of the seabed in other areas of the Voordelta to serve as feeding grounds for birds and fish. The objective is to raise levels of biomass within the conservation area as a source of food for birds and fish to keep total biomass levels within the Voordelta at a constant level comparable to the situation before the construction of Maasvlakte 2. This will act as compensation for the effects of the construction and presence of Maasvlakte 2. The net area of the conservation area totals 24 550 hectares, 10 times the area that will be lost. This factor of 10 can trace its origins back to expert assessments and existing research data that showed that restricting an area's usage can generate at least 10 % improvement in soil quality due to biomass growth. Based on this expert assessment and further investigation, it was determined in Section 1 of the KSPD that establishing a sea reserve (termed a conservation area in this decree) would be the best way to compensate for the effects of the construction and presence of Maasvlakte 2. Subsequent research has shown that excluding beam trawlers with an engine capacity greater than 191 kW (260 hp) from the conservation area was sufficient to achieve this objective. The restricted access decree follows up on these findings. MAP ( 1 ) Effective as of Staatsblad 2005 [Bulletin of Acts, Orders and Decrees 2005], 473. ( 2 ) Staatscourant 2006 [Government Gazette 2006], No 91.