JOHN CARLOS I,

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following Law:

EXPLANATORY STATEMENT

In the highly industrialized societies of our time, the concern of citizens and public authorities over the problems of nature conservation has been extended for some years now. The depletion of natural resources due to its uncontrolled economic exploitation, the disappearance of large numbers of species of flora and fauna and the degradation of those natural spaces that are little altered until the end of the year. The moment for man's action has motivated that what in his day was a cause for concern only for the scientific community and socially advanced minorities today becomes one of the most pressing challenges. Having historically overcome the criteria for a process of industrialisation, the need to ensure a decent quality of life for all citizens means that the nature conservation policy is one of the greatest public tasks of our time.

Our Constitution has embodied in Article 45 such principles and demands. After recognizing that everyone has the right to enjoy a suitable environment for the development of the person, as well as the duty to preserve it, it requires the public authorities to ensure the rational use of all natural resources, in order to protect and improve the quality of life and to defend and restore the environment, building on the necessary collective solidarity.

The purpose of this Law is to comply with the mandate of the constituent legislator. It creates a legal system for protecting natural resources, without undermining its necessary exploitation in the interests of orderly economic and social development. This regime will be applied at a higher level of intensity over those areas defined as protected natural spaces. The Law, however, provides for sufficient instruments to allow the application of the protective status of natural resources, with varying intensity, over more extensive zones; without incurring, however, in the pretense of their indiscriminate application. above all the national territory.

The Law comes to repeal and replace the one of May 2, 1975, of Protected Natural Spaces. In its more than thirteen years of validity, this norm has covered a stage of nature conservation policy, providing a protective framework for the areas or spaces that have required it for the uniqueness and interest of its natural values. However, the determined will to extend the legal regime protective of the natural resources beyond the mere protected natural spaces and the necessary articulation of the politics of conservation of the nature within the current The division of powers between the State and the Autonomous Communities requires the promulgation of this Law of Conservation of Natural Spaces and Wild Fauna and Flora.

In this sense, the novelty that for our legal order implies the appearance of the Plans for the Management of Natural Resources and the Guidelines for the Management of Natural Resources, means the appearance of a new conservation policy not reduced to the specific enclaves considered protected natural spaces.

Article 149.1.23 of our Constitution reserves the State exclusive competence to dictate basic legislation on environmental protection. This Law finds a seat on that title and contains that set of rules that the State considers basic in the matter. From this definition, which has the virtue of overcoming the current system of fundamentally preconstitutional origin, the Autonomous Communities will be able to deploy the conservation measures of the nature that they are responsible for, in the framework of the provisions of this Law.

Title I of the Law relates the inspiring principles of the Law, centered on the idea of nature conservation, understood as the means in which essential ecological processes are developed. and basic vital systems as the set of resources indispensable to it. The use of these resources is conditional on their orderly nature and the competent authorities are entrusted with the supervision of such management, ensuring that the natural resources which can be transmitted to future generations can be transmitted to future generations. meet their needs and aspirations. The title concludes with the necessary foresight that the activities aimed at achieving the object of this Law can be declared to be of public utility.

Title II refers to the planning of natural resources and creates, as a novel instrument in our legal system, the Plans for the Management of Natural Resources and the Guidelines for the Management of Resources Natural. The Law is part of the firm conviction that only adequate planning of natural resources will enable the desired conservation objectives to be achieved. Plans for the Management of Natural Resources are set up by the Law. Fleeing unviable pretensions, as flexible instruments that will allow, with varying levels of intensity, a priority and integral treatment in certain areas for the conservation and recovery of resources, natural spaces and species to protect. The provisions contained in these plans will constitute a limit for any other instruments of territorial or physical planning, prevailing on the existing ones, an essential condition if the serious deterioration is to be tackled nature has produced the action of man. The Law confers on the competent public administrations the approval of the Plans for the Management of Natural Resources, thus offering the Autonomous Communities an important instrument for the implementation of their policies. territorial.

Title III establishes the special regime for the protection of natural spaces. The Law recast the protection regimes created by the Law of 2 May 1975 in the four categories of Parks, Natural Reserves, Natural Monuments and Protected Landscapes. The declaration and management of these protected natural spaces shall in any case correspond to the Autonomous Communities in whose territory they are located. The only reservation that the Law establishes in favor of the State is the management of the so-called National Parks, integrated in the National Park Network, by virtue of their status as representative spaces of some of the main systems Spanish natural. The declaration of a space as National Park will be carried out by Law of the General Courts, without prejudice to the automatic integration that, for the existing National Parks to the entry into force of this Law related in the provision Additional first, this provision operates.

The will of the Law to attend not only to conservation and restoration but to the prevention of natural spaces is reflected in Chapter V of Title III that provides for a regime of preventive protection applicable to zones currently preserved but threatened by a potential disturbance factor.

Title IV establishes the necessary measures to ensure the conservation of the species of wild flora and fauna, with special attention to native species. The system of protection is rationalized, with priority being given to the preservation of habitats and the directives of the European Economic Community on the protection of fauna and flora are transposed into Spanish law, including the Number 79 /409/EEC on the conservation of wild birds. The National Catalogue of Threatened Species, under the Ministry of Agriculture, Fisheries and Food, is created and the catalogues of species threatened to establish by the Autonomous Communities in their respective territorial areas are foreseen.

In this title, the Caza and the Continental Fishing are also regulated, in their condition as natural resources whose persistence must be guaranteed, prohibiting the capture of scheduled species and creating, as an instrument of planning, the Technical Plans justifying the amount and modalities of the catches to be made, the content and approval of which is entrusted to the Autonomous Communities.

The Law establishes the need to establish accurate proficiency and knowledge by means of an examination which will enable them to obtain the corresponding hunting or fishing license, to be issued by the Autonomous Communities. As an essential tool for the rational exploitation of the scientific and fish-farming wealth, the National Census of Hunting and Fishing will be created in which the information provided by the respective Autonomous Communities will be centralized.

By this Law, there is also an answer to one of the most important problems related to the activity of the administrative police of hunting and fishing, as is the necessary coordination of the sanctioning powers of the respective Autonomous Communities. To this end, the National Register of Game and Fish Offenders is created, in which the data provided by the Autonomous Communities will be entered on the basis of their own records of hunting and fishing offenders. When the certificate of the aforementioned National Register is required for the issue, where appropriate, of the corresponding licence, it is possible to coordinate the actions of the different Autonomous Communities and to exercise vigilance for the preservation of the Scientific and aquaculture resources.

Title V fully reflects the necessary cooperation and coordination that must be achieved between the State and the Autonomous Communities in a matter, the policy of conservation of nature, which our Constitution has wanted. share it among the different Spanish public administrations. The National Commission for the Protection of Nature, a consultative and cooperative body, shall be set up for this purpose, in which the State Administration and the Autonomous Communities shall be integrated.

As an essential element of the advanced nature conservation policy introduced by this Law, its title VI contains a catalogue of administrative offences with its corresponding sanctions, without (a) to the extent to which regional legislation implementing these standards of protection or other special rules governing certain natural resources is available in this respect. The obligation of the infringer to repair the damage caused, regardless of the criminal or administrative penalties that in each case proceed, having the repair as objective to achieve the restoration of the natural environment in the measure of the possible. The Autonomous Communities are granted, without prejudice to the powers of the Central Administration, the imposition of the penalties provided for in the Law, which may, in view of the social significance of the interests protected, be imposed until the 50,000,000 pesetas.

TITLE I

General provisions

Article 1.

This Law is the subject of this Law, pursuant to Article 45.2 and in accordance with the provisions of Article 149.1.23 of the Constitution, the establishment of standards for the protection, conservation, restoration and improvement of resources. natural and, in particular, those relating to natural spaces and wild flora and fauna.

Article 2.

1. The following are the guiding principles of this Law:

a) Maintaining essential ecological processes and basic vital systems.

b) The preservation of genetic diversity.

c) The orderly use of resources, ensuring the sustained use of species and ecosystems, their restoration and improvement.

d) The preservation of the variety, uniqueness and beauty of natural and landscape ecosystems.

2. The competent authorities shall ensure that the management of the natural resources is produced with the greatest benefits for the present generations, without any loss of their potential to satisfy the needs and aspirations of the generations. future.

3. The Public Administrations shall, in the field of their competence, ensure the maintenance and conservation of existing natural resources throughout the national territory, regardless of their ownership or legal status, taking into account their The management and restoration of its renewable resources.

4. The competent authorities shall promote the training of the school population in the field of nature conservation, including their study in the programmes of the different educational levels, as well as the implementation of educational and educational projects. scientists. All in order to foster knowledge of nature and the need for its conservation.

Article 3.

The activities aimed at achieving the purposes referred to in the provisions of this Law may be declared to be of public utility or social interest, for all purposes, and in particular for the expropriation, in respect of the property and rights that may be affected.

TITLE II

From the planning of natural resources

Article 4.

1. In order to adapt the management of natural resources, and in particular of natural spaces and species to be protected, to the inspiring principles outlined in Article 2 of this Law, the competent Public Administrations plan the natural resources. Determinations of such planning shall have the effects provided for in this Law.

2. As an instrument of this planning, the Plans for the Management of Natural Resources are set up, which, regardless of their name, will have the objectives and content set out in the following sections.

3. The following are the objectives of the Natural Resources Management Plans:

(a) Define and identify the state of conservation of the resources and ecosystems in the territorial area concerned.

b) Determine the limitations to be set in the view of the conservation status.

c) Point out the protection regimes that proceed.

d) Promote the implementation of conservation measures, restoration and improvement of natural resources that need it.

e) To formulate the guiding criteria of the sectoral policies and computers of economic and social activities, public and private, to be compatible with the requirements outlined above.

4. The Natural Resources Management Plans shall have at least the following content:

(a) Delimitation of the territorial scope for sorting and description and interpretation of its physical and biological characteristics.

b) Definition of the state of conservation of natural resources, ecosystems and landscapes that integrate the territorial scope in question, making a diagnosis of it and a forecast of its future evolution.

c) Determination of the general and specific limitations on uses and activities to be established in the light of the conservation of the spaces and species to be protected, with specification of the different areas in their case.

(d) Application, if any, of any of the protection regimes set out in Titles III and IV.

(e) Concrete activities, public or private works or installations to which the assessment scheme provided for in the Royal Decree-Law 1302/1986 of 28 June 1986 on Impact Assessment should apply. Environmental.

(f) Establishment of guiding reference criteria in the formulation and implementation of the various sectoral policies affecting the territorial scope referred to in point 4.3 (e).

Article 5.

1. The effects of the Natural Resources Management Plans will have the scope to establish their own approval rules.

2. The Management Plans of the Natural Resources referred to in the previous article shall be mandatory and executive in the matters governed by this Law, constituting its provisions a limit for any other instruments of territorial or physical planning, the determinations of which may not alter or amend those provisions. Existing territorial or physical management instruments which are inconsistent with the plans for the management of natural resources must be adapted to these. In the meantime such adaptation does not take place, the determinations of the Plans for the Management of Natural Resources shall apply, in any case, prevailing on the existing instruments of territorial or physical management.

3. Similarly, the said Plans shall be indicative of any other sectoral actions, plans or programmes and their determinations shall be applied in the alternative, without prejudice to the provisions of the previous paragraph.

Article 6.

The procedure for drawing up the plans will necessarily include proceedings for the hearing of the interested parties, public information and consultation of the social and institutional interests concerned and of the associations pursuing the achievement of the principles of Article 2 of this Law.

Article 7.

1. During the processing of a Plan for the Management of Natural Resources, no acts involving a sensitive transformation of physical and biological reality can be carried out which could make it impossible or significantly to make it difficult. achievement of the objectives of the Plan.

2. The procedure for the approval of a Plan for the Management of Natural Resources has been initiated and until such a plan is produced, no authorization, license or concession can be granted for the implementation of acts of transformation of the natural resources. physical and biological reality, without a favourable report from the Acting Administration. This report may be negative only if one of the circumstances referred to in the preceding number is present in the act intended.

3. The report referred to in the previous paragraph shall be substantiated by the Acting Administration within a maximum of 90 days.

Article 8.

1. Regulations will be approved by the Government Guidelines for the Management of Natural Resources, to which, in any case, the Plans for the Management of Natural Resources to be approved by the Autonomous Communities will have to be adjusted.

2. It is the subject of the Guidelines to establish and define general criteria and general rules governing the management and use of natural resources, in accordance with the provisions of this Law.

TITLE III

Protecting natural spaces

CHAPTER I

General provisions

Article 9.

1. The use of soil for agricultural, forestry and livestock farming purposes should be geared to maintaining the biological potential and productive capacity of the soil, with respect to the ecosystems of the environment.

2. The action of the Public Administrations in forestry will be directed to achieve the protection, restoration, improvement and orderly use of the mountains, whatever their ownership, and their technical management must be in accordance with their Legal, ecological, forestry and socio-economic characteristics, in any case the public interest on the private sector.

3. The hydrological planning shall provide for each river basin the needs and requirements for the conservation and restoration of the natural spaces in it and in particular of the wetlands.

CHAPTER II

From protected natural spaces

Article 10.

1. Those areas of the national territory, including inland waters, and maritime spaces subject to national jurisdiction, including the exclusive economic zone and the continental shelf, containing natural elements and systems of special interest or outstanding natural values, may be declared protected in accordance with the provisions of this Law.

2. The protection of these spaces may be due, inter alia, to the following purposes:

a) Constituting a representative network of the main ecosystems and natural regions existing in the national territory.

b) Protect those areas and natural elements that offer a unique interest from the scientific, cultural, educational, aesthetic, landscape and recreational point of view.

c) Contribute to the survival of communities or species in need of protection by conserving their habitats.

d) Collaborate in international programs for the conservation of natural and wildlife spaces, of which Spain is a party.

3. The declaration of a space as protected bears the public utility, for the expropriation of the goods and rights concerned, and the faculty of the Administration competent for the exercise of the rights of the tanteo and the retract, in the (a) the interliving of land located within the territory of the same.

For the purposes of the exercise of the rights of the right and back, by the transferor shall be reported to the Administration acting in accordance with the essential conditions of the intended transmission and, if necessary, a copy of the public deed in which the said transmission has been instrumented. The right of entry may be exercised within a period of three months and that of retraction within one year, both of which shall be effected from the relevant notification, which shall be effected in any event and shall be a necessary requirement to register the transmission in the Property Registration.

Article 11.

The regulatory standards for protected natural spaces shall determine the legal, financial and material instruments that are deemed to be accurate in order to effectively comply with the purposes of their declaration.

Article 12.

Depending on the assets and values to be protected, protected natural spaces will be classified into some of the following categories:

a) Parks.

b) Natural Reserves,

c) Natural Monuments.

d) Protected Landscapes.

Article 13.

1. The Parks are natural areas, little transformed by the exploitation or human occupation that, in reason of the beauty of their landscapes, the representativeness of their ecosystems or the uniqueness of their flora, their fauna or their geomorphological formations, they have ecological, aesthetic, educational and scientific values whose conservation deserves preferential attention.

2. In the Parks, it will be possible to limit the use of the natural resources, prohibiting in any case the incompatible with the purposes that have justified its creation.

3. The Parks will facilitate the entry of visitors with the precise limitations to ensure the protection of those.

Article 14.

1. Natural reserves are natural spaces, whose creation is aimed at protecting ecosystems, communities or biological elements that, due to their rarity, fragility, importance or uniqueness, deserve a special assessment.

2. The reserves shall be limited to the exploitation of resources, except in cases where the holding is compatible with the conservation of the securities to be protected. The collection of biological or geological material shall be prohibited in general, except in cases where the relevant administrative authorisation is permitted for research or educational reasons.

Article 15.

1. The Parks and Reserves declaration will require the prior elaboration and approval of the corresponding Plan for the Management of Natural Resources in the area.

2. Exceptionally, Parks and Reserves may be declared without the prior approval of the Natural Resources Management Plan, where there are reasons to justify it and shall be expressly stated in the rule that declares them. In this case it must be dealt with within one year, from the Park or Reserve declaration, the corresponding Planning Plan.

Article 16.

1. The Natural Monuments are spaces or elements of nature basically constituted by formations of remarkable uniqueness, rarity or beauty, which deserve to be the object of special protection.

2. Natural monuments, geological formations, paleontological fields and other elements of the gea shall also be considered as having a special interest in the singularity or importance of their scientific, cultural or landscape.

Article 17.

Protected Landscapes are those specific places of the natural environment that, for their aesthetic and cultural values, are worthy of special protection.

Article 18.

1. In the Protected Natural Spaces declared by Law, Peripheral Areas of Protection may be established to avoid ecological or landscape impacts from outside. Where appropriate, the necessary limitations shall be established in the Act of Creation.

2. In order to contribute to the maintenance of protected natural areas, and to compensate the affected populations socio-economic, areas of Socioeconomic Influence may be established in their regulatory provisions, with the specification of economic regime and adequate compensation for the type of limitations. These areas will be integrated by the set of municipal terms where the natural space in question is located and its Peripheral Protection Zone.

Article 19.

1. The management bodies of the Parks will draw up Plans for the Rectors of Use and Management, whose approval will correspond, in each case, to the Government of the Nation or the competent bodies of the Autonomous Communities. The competent authorities in urban areas shall inform the plans of such plans prior to their approval.

In these Plans, which will be periodically reviewed, the general rules for the use and management of the Park will be established.

2. The Guiding Plans will prevail over urban planning. Where their determinations are incompatible with those of the urban rules in force, the latter shall be reviewed ex officio by the competent bodies.

Article 20.

To collaborate in the management of Protected Natural Spaces, they may be constituted, as participation bodies, Patronates or Rector Boards, whose composition and functions will be determined in their regulatory provisions.

CHAPTER III

Administrative competencies

Article 21.

1. The declaration and management of the Parks, Natural Reserves, Natural Monuments and Protected Landscapes shall be the responsibility of the Autonomous Communities in whose territory they are located, without prejudice to the provisions of the Chapter next.

2. The Autonomous Communities with exclusive competence in respect of protected natural areas, and with competence to lay down additional environmental protection rules, may establish, in addition to the figures provided for in the previous articles, other different articles regulating their protective measures.

3. The declaration and management of the protected natural areas referred to in the preceding chapter shall be the responsibility of the State where they are intended to protect the property referred to in Article 3 of Law 22/1988 of 28 July 1988. Costs.

4. It shall also be for the State to declare protected natural spaces when they are situated in the territory of two or more Autonomous Communities.

In this case, the modalities of each administration's participation in the management of the natural space in question will be agreed between the State and the Autonomous Communities, corresponding to the State of coordination. of that management and, where appropriate, the chair of the body of participation provided for in Article 20 of this Law.

CHAPTER IV

From National Parks

Article 22.

1. National Parks are those spaces that, being able to be declared as Parks by Law of the General Courts, are declared their conservation of general interest of the Nation with the attribution to the State of its management and the corresponding allocation of budgetary resources

2. The declaration as of general interest of the Nation will be appreciated in reason of the space being representative of some of the main Spanish natural systems that are mentioned in the annex of this Law, being configured for its best conservation the National Park Network integrated by the totality of those declared.

3. The Autonomous Communities may propose to the State the declaration as National Park of a natural space when the requirements laid down in Article 13.1 are met and it is appreciated that their declaration is of general interest of the Nation.

Article 23.

To collaborate in the management of the National Parks, a Patronato will be constituted for each of them in which the interests involved will participate and, in any case, will be represented, in addition to the Administration of the State, Territorial, Institutional, Corporate and Associations Public Administrations whose purposes are consistent with the inspiring principles of this Law.

It will be the role of these Patronates to advise, promote, track and control the Parks, and in particular.

a) Vellar for compliance with established standards.

b) Promote and perform as many steps as appropriate in favor of the protected space.

c) Report the Usage and Management Rector Plan and its subsequent revisions.

d) Approve the Annual Activity and Results Memory by proposing the measures that you consider necessary to correct dysfunctions or improve management.

e) Report the Annual Job Plans to perform.

f) Report the projects and proposals of works and works that are intended to be carried out, not contained in the Rector Plan or in the Annual Work Plan.

g) Report the projects to be carried out in the Socioeconomic Influence Area, establishing their priority criteria.

CHAPTER V

From Natural Spaces under Preventive Protection Regime

Article 24.

When the information obtained by the competent authority resulted in the existence of a well-preserved area, threatened by a disturbance that could potentially alter such a condition, or when the area was started the processing of a Plan for the Management of Natural Resources, the definition and diagnosis provided for in Article 4.4 (b), the same circumstance shall be established; a preventive protection regime shall be established consisting of:

(a) The obligation for the holders of the land to provide information and access to the representatives of the competent administration in order to verify the existence of disturbance factors.

b) In the event of confirmation of the presence of disturbance factors in the area potentially threatening their status:

1. The Plan for the Management of Natural Resources of the Zone will be initiated immediately, if it is not already started.

2. Without prejudice to the adoption of the measures provided for in Article 7 of this Law, some of the protection schemes provided for in this Title shall apply, where appropriate, after the hearing has been carried out to the parties concerned, public information and consultation with the authorities concerned,

Article 25.

By the Ministry of Agriculture, Fisheries and Food with the information provided by the Autonomous Communities in whose territory they are located, a National Inventory of Wet areas, in order to know their evolution and, where appropriate, indicate the means of protection to be collected by river basin management plans.

TITLE IV

Of wild flora and fauna

CHAPTER I

General provisions

Article 26.

1. The Public Administrations shall take the necessary measures to ensure the conservation of the species of flora and fauna living in the wild in the Spanish territory, with special attention to the native species.

2. Priority shall be given to the preservation of their habitats and specific protection arrangements shall be established for species, communities and populations whose situation so requires, including in any of the categories mentioned in the Article 29 of this Law.

3. The competent authorities shall ensure the preservation, maintenance and restoration of areas of sufficient amplitude and diversity as habitats for the species of wild animals and plants not covered by the previous paragraph.

4. It shall be prohibited to kill, damage, disturb or intentionally disturb wild animals, and in particular those falling within one of the categories set out in Article 29, including their catch in the wild and the collection of their eggs or pups, as well as alter and destroy vegetation.

The possession, trafficking and trade of live or dead specimens or their remains, including foreign trade, are also prohibited.

Article 27.

The action of the Public Administrations in favour of the preservation of the genetic diversity of natural heritage will be based mainly on the following criteria:

a) Give preference to conservation and preservation measures in the natural habitat of each species, considering the possibility of establishing complementary measures outside the species.

b) Avoid the introduction and proliferation of species, subspecies or geographical breeds other than native species, in so far as they can compete with them, alter their genetic purity or ecological balances.

c) Give priority to endemic species and subspecies, as well as to those whose range is very limited and to migratory.

Article 28.

1. For species of wild animals and plants not falling within one of the categories of Article 29, the prohibitions provided for in Article 26.4 shall not apply in the case of cases of specific regulation in the legislation of montes, hunting or continental fishing, and without prejudice to the provisions of Chapter III of this Title.

2. The prohibitions in Article 26.4 may be void, subject to the administrative authorization of the competent body, where one of the following conditions is met:

a) If their application leads to harmful effects on the health and safety of people.

(b) Where harmful effects are derived from their application for protected species.

c) To prevent significant damage to crops, livestock, forests, hunting, fishing and water quality.

(d) Where necessary by reason of research, education, restocking or reintroduction, or when required for captive breeding.

e) To prevent accidents in relation to air safety.

3. The administrative authorisation referred to in the preceding paragraph shall be reasoned and specified.

a) The species to which it relates.

b) Means, systems or methods to be used and their limits, as well as qualified personnel, if any.

c) Risk conditions and circumstances of time and place.

d) The controls to be exercised, if any.

e) The objective or reason for the action.

4. Where the authorisation is granted for the purpose of investigation, the relevant decision shall be taken in the light of the criteria to be laid down by the Inter-Ministerial Science and Technology Commission in accordance with the report issued by the Commission. General Council of Science and Technology.

5. If, for reasons of urgency, the prior administrative authorization cannot be obtained, in any of the cases referred to in paragraph 2, the competent authority shall immediately be given an account, which shall open the administrative file for the purposes of determine the urgency alleged.

CHAPTER II

From cataloging threatened species

Article 29.

The determination of animals or plants whose protection requires specific measures by Public Administrations shall be carried out by inclusion in the catalogues referred to in Article 30.

For these purposes, species, subspecies or populations that are included in such catalogues shall be classified in one of the following categories:

a) In danger of extinction, reserved for those whose survival is unlikely if the causal factors of their current situation continue to act.

b) Sensitive to the alteration of their habitat, referring to those whose characteristic habitat is particularly threatened, in severe regression, fractionated or very limited.

c) Vulnerable, intended for those at risk of moving to the previous categories in the immediate future if the adverse factors acting on them are not corrected.

(d) of special interest, which may include those which, without being covered by any of the foregoing, are worthy of particular attention on the basis of their scientific, ecological, cultural value, or singularity.

Article 30.

1. Dependent on the Ministry of Agriculture, Fisheries and Food, with administrative character and state level, the National Catalogue of Threatened Species is created, which will be regulated, in which species, subspecies will be included. and stocks classified in the categories provided for in Article 29 of this Law, on the basis of the information available to the State or to the data provided by the Autonomous Communities.

2. The Autonomous Communities, in their respective territorial areas, may also establish catalogues of threatened species.

Article 31.

1. The inclusion in the National Catalogue of Endangered Species of a species or population in the "endangered" or "susceptible to habitat alteration" categories entails the following generic prohibitions:

(a) For plants, for any unauthorised action carried out for the purpose of destroying, maiming, cutting or grubbing them, as well as the collection of their pollen or spores seeds.

b) Dealing with animals, including their larvae or offspring, or eggs, that of any unauthorised action made for the purpose of killing, capturing, chasing or disturbing them, as well as the destruction of their nests, vivars and areas of playback, invert, or rest.

c) In both cases, the one of possessing, naturalizing, transporting, selling, exposing for sale, importing or exporting live or dead specimens, as well as their propagules or remains, except in the cases that they regulate-mind are determined.

2. The cataloguing of a species, subspecies or population in the "endangered" category will require the drafting of a Recovery Plan for the species, in which the necessary measures to eliminate such danger of extinction will be defined.

3. Cataloging of a species, subspecies or population in the category of "habitat alteration sensitive" will require the drafting of a Habitat Conservation Plan.

4. The classification of a species, subspecies or population in the category of 'vulnerable' will require the drafting of a Conservation Plan and, where appropriate, the protection of its habitat.

5. The cataloging of a species, subspecies or population in the "special interest" category will require the drafting of a Management Plan to determine the measures necessary to maintain the stocks at an appropriate level.

6. It is for the Autonomous Communities to draw up and approve the Recovery, Conservation and Management Plans, which shall include, where appropriate, the implementation of any of the protection figures referred to in the Title. III of this Law, referring to all or part of the habitat in which the species, subspecies ' or population lives.

Article 32.

The Autonomous Communities with competence in the matter may establish, in addition to the categories of threatened species related to Article 29 of this Law, other specific ones, determining the prohibitions and actions that are deemed necessary for preservation.

CHAPTER III

Protection of species in relation to hunting and continental fishing

Article 33.

1. Hunting and fishing in inland waters may only be carried out on species which are regulated as hunting or fishing pieces, a declaration which in no case may affect the species listed.

2. In any event, the exercise of hunting and of continental fishing shall be regulated in such a way as to ensure the conservation and promotion of the species authorized for this financial year, for which the competent authorities shall determine the land and waters where such activities may be carried out, as well as the working dates for each species.

3. Any use of hunting and aquaculture in areas covered by this Regulation shall be carried out by the holder of the right, in an orderly manner and in accordance with the technical plan justifying the amount and modalities of the catches to be made, in order to protect and to promote the wealth of science and aquaculture.

4. The content and approval of the technical plans shall be in accordance with the rules and requirements to be established by the Autonomous Communities and, where appropriate, the Area Resource Management Plans where they exist.

Article 34.

The following determinations are generally established in relation to the hunting and aquaculture activity, if any:

(a) Except in the exceptional circumstances and conditions listed in Article 28.2 of this Law, the holding, use and marketing of all mass or non-selective procedures for the purposes of this Law shall be prohibited. catch or death of animals, in particular poisons or traps, as well as those that may cause locally the disappearance, or seriously disturb the tranquility of the populations of a species.

(b) The exercise of hunting during times of zeal, breeding and breeding, as well as during its journey back to breeding sites in the case of migratory species, shall be prohibited as a general rule.

(c) Only the species which are determined to be determined may be placed on the market, live or dead.

(d) Temporary moratoriums or special prohibitions may be established when the reasons for biological order give them advice.

e) The introduction of species of wild or autochthonous species, as well as the reintroduction of extinct species, is subject to the administrative authorisation regime in order to ensure the conservation of genetic diversity.

1) Fenced and fenced off of blacklands shall be constructed in such a way as not to prevent the circulation of non-cinetic wildlife.

the surface and shape of the fencing should avoid the risks of inbreeding in the cynetic species.

Article 35.

1. For the purposes of hunting and fishing, it shall be necessary for the accreditation, by examination, of the necessary competence and knowledge of the matters relating to such activities, in accordance with the provisions of Regulation (EEC) No determine.

2. The above examination shall enable the persons concerned to obtain the corresponding hunting or fishing licences, which shall be issued by the competent bodies of the Autonomous Communities and which shall be valid for the territory of each Member State. one of them.

3. The National Census and Fisheries Census under the Ministry of Agriculture, Fisheries and Food is hereby established in order to maintain the most comprehensive information of the populations, catches and genetic evolution of the authorised species, in which they will be included the data to be provided by the competent bodies of the Autonomous Communities. For this purpose, the holders of the hunting rights and fish farms and, in general, the hunters and fishermen, where appropriate, shall be obliged to supply the information corresponding to the said bodies of the Autonomous Communities.

4. The Autonomous Communities shall establish the corresponding records of hunting and fishing offenders whose data shall be provided to the National Register of Hunting and Fishing Offenders, under the Ministry of Agriculture, Fisheries and Food, which is created by this Law.

The certificate issued by that National Register shall be a requirement to grant, where appropriate, the corresponding hunting or fishing licence.

TITLE V

Cooperation and coordination

Article 36.

1. In order to promote the achievement of the purposes set out in this Law, the National Commission for the Protection of Nature, as a consultative and cooperative body in this field, is established between the State and the Autonomous Communities.

Attached to that organ will work, among others, the following Specialized Committees:

(a) The Committee of Protected Natural Spaces, with the aim of encouraging cooperation between the organs of representation and management between the different protected natural spaces.

(b) The Committee on Wild Fauna and Flora, in order to coordinate all actions in this field, in particular those resulting from compliance with international conventions and Community legislation.

2. A representative of each Autonomous Community and the Director of the National Institute for the Conservation of Nature, who shall exercise his Presidency, shall be part of the National Commission for the Protection of Nature.

The Administrative Secretariat of this Commission will be attached to the National Institute for the Conservation of Nature.

3. The tasks of the Commission will be regulated, and among others will be to examine the proposals that their specialized committees raise and to provide the guidelines for the management of resources. natural.

TITLE VI

Of violations and penalties

Article 37.

1. The actions or omissions that infringe the provisions of this Law shall bear responsibility for the administrative nature, without prejudice to the obligation in criminal, civil or other order in which they may incur.

2. Without prejudice to the criminal or administrative penalties which may be imposed in each case, the offender shall make good the damage caused. The aim of the repair is to achieve, as far as possible, the restoration of the natural environment to the being and state prior to the occurrence of the aggression. The competent authority may also continue to repair the obligation at the expense of the obligor. In any event, the infringer must pay all damages and damages, within the time limit which, in each case, is fixed in the corresponding resolution.

3. Where it is not possible to determine the degree of participation of the various persons involved in the performance of the infringement, the liability shall be based on solidarity, without prejudice to the right to repeat against the other participants, part of the person or those who have faced the responsibilities.

4. In no case will there be a double penalty for the same facts and on the basis of the same protected public interests, although other responsibilities should be required to be deducted from other events or concurrent infringements.

Article 38.

Without prejudice to the provisions of the autonomic legislation that will develop these standards of protection and the regulatory laws of certain natural resources, administrative violations will be considered:

First. The use of chemicals, biological substances, the making of discharges or the spill of waste that alter the conditions of habitability of protected natural spaces with damage to the values in content.

Second. The alteration of the conditions of a protected natural space or its own products by occupation, roting, cutting, starting or other actions.

Third.-Camping in prohibited places, in accordance with the provisions of this Law.

Fourth. The emission of noises that disturb the tranquility of the species in protected natural spaces.

Fifth. -The installation of advertising and scrap storage posters in protected natural spaces and in their surroundings, provided that the harmony of the landscape is broken and the perspective of the visual field is altered.

Sixth. -The destruction, death, deterioration, collection, trade, capture and exposure to the unauthorized trade or naturalization of endangered or endangered species of animals or plants of their habitat, as well as that of their propagalos or remains.

Seventh. -The destruction of habitat of endangered species or vulnerable to the alteration of their habitat, in particular the place of reproduction, invert, rest, field or food.

Eighth. -The destruction, death, deterioration, collection, trade, capture and exposure to the unauthorized trade or naturalization of species of animals or plants classified as sensitive or of special interest, as well as that of propagules or debris.

Ninth.-The destruction of the habitat of susceptible species and of special interest, in particular of the place of reproduction, invert, rest, field or feeding and the zones of special protection for the wild and wild fauna.

10th.-The capture, unjustified persecution of wild animals and the grubbing-up of plants in those cases where administrative authorization is necessary in accordance with the specific regulation of the legislation of the Continental fishing, hunting and fishing.

11th. -Failure to comply with the conditions imposed on the concessions and administrative authorizations referred to in this Law, without prejudice to its expiration, revocation or suspension.

Twelfth. -Execution, without proper administrative authorization of works, works, planting or plantations in areas legally subject to some kind of limitation on their destination or use.

Thirteenth. -Failure to comply with the requirements, obligations or prohibitions set forth in this Law.

Article 39.

1. The offences referred to above shall be deemed to be minor, less serious, serious and very serious, having regard to their impact, their importance as regards the safety of persons and property and the circumstances of the person responsible, their degree of malice, participation and benefit obtained, as well as the irreversibility of damage or deterioration produced in the quality of the resource or the protected asset.

The previously typed violations will be sanctioned with the following fines:

Minor violations, fine of 10,000 to 100,000 pesetas.

Less serious infractions, fines of 100,001 to 1,000,000 pesetas.

Serious violations, fine of 1,000,001 to 10,000,000 pesetas.

Very serious infractions, fine of 10,000,001 to 50,000,000 pesetas.

2. In any event, taking into account the natural value and the importance of the protected legal asset, the offences referred to in numbers 1, 6 and 7 of the previous Article shall be regarded as very serious.

Serious and very serious misconduct will result in a ban on hunting or fishing for up to ten years, and the least serious ones up to a year's time.

3. The penalty for minor, less serious, serious and very serious infringements will be the responsibility of the authority of the Autonomous Communities which has jurisdiction in each case. It is for the Central Administration to impose sanctions in cases where the administrative infringement has fallen within the scope of its jurisdiction.

4. Periodic penalty payments may be imposed, repeated for periods of time which are sufficient to comply with the order in the cases laid down in Article 107 of the Administrative Procedure Act, and the amount of which shall not exceed each house of 500,000 pesetas.

5. The Government may, by means of Royal Decree, carry out the updating of the penalties provided for in paragraph 1 of this Article, taking into account the variation in the price indices for consumption.

Article 40.

In cases where the offences may be a crime or a fault, the Administration shall pass the fault of the fault to the competent court and shall refrain from pursuing the sanctioning procedure while the judicial authority has not spoken. The sanction of the judicial authority shall exclude the imposition of an administrative fine. If the existence of a crime has not been estimated, the Administration shall continue the sanctioning file, based, where appropriate, on the facts that the competent jurisdiction has considered to be proven.

Article 41.

1. the administrative offences against the provisions of this Law shall prescribe: within four years, the very serious ones; in the period of one year, the serious ones; in that of six months, the less serious, and in that of two months, the mild ones.

2. Chapter II of Title VI of the Law of Administrative Procedure shall apply in all the provisions of this Title.

ADDITIONAL PROVISIONS

First.

The National Parks existing in the national territory at the entry into force of this Law are automatically integrated into the National Network of National Parks as referred to in Article 22.2 of this Law.

These National Parks are as follows: Caldera de Taburiente, Donana, Garajonay, Montaña de Covadonga, Ordesa and Monte Perdido, Tables of Daimiel, Teide and Timanfaya.

Second.

The list of activities subject to environmental impact assessment contained in Annex 1 to the Royal Decree-Law 1302/1986 of 28 June 1986, with the inclusion in the same of the transformations of land use, is expanded. involve the removal of the bushland or tree cover and pose a potential risk to the infrastructure of general interest of the Nation and, in any case, when such changes affect areas exceeding 100 hectares.

Third.

The provisions of this Law are without prejudice to the direct application of other specific State laws regulating certain natural resources in respect of which this Law will be applied in an additional manner.

Fourth.

In order to comply with the international treaties and conventions to which Spain is a party, the Government may establish temporary limitations in relation to the activities covered by this Law, without prejudice to the powers that are appropriate to the Autonomous Communities.

Fifth.

These are basic rules, for the purposes of Article 149.1.23 of the Constitution, the following Articles and provisions: 1, 2, 4, 5, 6, 8 to 19, 21 to 31, 33 to 41; Additional provisions first, second, fourth, fifth and second transient disposition.

Sixth.

1. The State may grant aid to non-profit associations whose main purpose is the conservation of nature, for the acquisition of land or for the establishment in them of real rights, which contribute to the achievement of of the purposes of this Law.

2. Aid may also be granted to holders of land or real rights for the implementation of conservation programmes where such land is located in protected areas or for the purpose of carrying out the recovery and management of species, or conservation and habitat protection provided for in Article 31 of this Law.

Seventh.

The competent authority may authorise the use of partridge hunting with a male claim, in places where it is traditional and with precise limitations to ensure the conservation of the species.

TRANSIENT PROVISIONS

First.

The elaboration of the Management and Management Plans, as referred to in Article 19.1, shall be made within a maximum of one year from the entry into force of this Law.

Second.

For the purposes of due coordination in the application of the basic regulations, denomination and international approval, if any, the Autonomous Communities shall proceed to the reclassification of the protected natural spaces. which they have declared in accordance with their rules and which correspond to the figures provided for in this Law, and without prejudice to the provisions of Article 21.2 thereof.

REPEAL PROVISION

1. The following provisions shall be repealed, without prejudice to the provisions of the first provision:

Law 15/1975, of May 2, of Protected Natural Spaces.

Article 36 of Law 1/1970, of 4 April, of Hunting.

2. The other provisions of a general nature which are contrary to the provisions of this Law shall also be repealed.

3. The Government, within one year, by Royal Decree, will complete the table of vigencies of the provisions affected by this Law.

FINAL PROVISIONS

First.

The functions of the State Administration in the territorial sea, inland waters, economic zone and continental shelf in matters of defense, fishing and marine crops, rescue, fight against pollution, security of the human life in the sea, extractions of remains, protection of the Spanish archaeological heritage, research and exploitation of resources or other not regulated in this Law, shall be exercised in the form and by the Departments or Organisms that have them entrusted to the entry into force of the Agreement, without prejudice to the provisions of the specific legislation or international conventions that are applicable to them in their case.

Second.

1. The Government, on a proposal from the Minister of Agriculture, Fisheries and Food, will dictate the regulatory provisions that are necessary for the development and implementation of this Law.

2. The Government shall also, on a proposal from the Ministers in each case, dictate the other provisions necessary to comply with the provisions of this Law.

Third.

This Law shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this Law.

Palacio de la Zarzuela, Madrid at 27 March 1989.

JOHN CARLOS R.

The President of the Government,

FELIPE GONZÁLEZ MARQUEZ

ANNEX

EuroSiberian Region

Orocantabrian Province:

Systems linked to the Atlantic forest.

Pirenaica Province:

Systems linked to lake formations and rocks of plutonic origin.

Systems linked to erosion formations and rocks of sedimentary origin.

Mediterranean Region

Systems linked to the Mediterranean forest.

Systems linked to steppe formations.

Systems linked to continental wetlands.

Systems linked to wetlands with marine influence. Systems linked to coastal areas and continental shelf.

Systems linked to ripicolas formations.

Macaronesic Region

Systems linked to the laurisilva.

Liated systems to volcanic processing and associated vegetation.