Protected space
A protected space is for reasons of scientific interest or need for safeguarding of the biological inheritance. It is generally about threatened Espèce whose Braconnage, transport, handling, and sometimes approach or photography are at least temporarily prohibited (except special derogatory permit) by various organizations, on whole or part of the surface of distribution of the species in question. They are especially wild animals or plants, but of the Invertébré S, Insecte S or Champignon S can be concerned.
In general, the transport and the trade of the species concerned are prohibited under all their forms (dead or alive individuals, eggs, larvae, by-products, meats, etc). The sale of animals empaillés or naturalized (even old) of these species is generally prohibited, but they can be offered to the museums. A disappeared species can thus also be protected .
Legislation
It varies according to the times and the countries, but tends to develop and harden being given the accelerated erosion of the Biodiversité.Elle can be matched with important fines and heavy custodial sentences (up to 6 months in France, in the event of repetition).
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In the world , Certaines species is protected (" in all times, in all places and on the whole of a territoire" ; on scale European, paneuropéenne or vaster, within the framework of international conventions.
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In Europe, certain species are protected on the level europée, but subsidiarily by the Member States.
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In France , it is the Code of the environment which included in its article Article L. 411-1. - I an old article ( L211-1 ) of the rural Code (resulting from the Law of July 10th, 1976) prohibiting:
Moreover Article L. 411-3. - I. (Old L211-3 article of the rural code, resulting from the Law of February 2nd, 1995) precise:
- In order to not carry damage neither in the natural environments nor to fauna and the flora savages, is prohibited the introduction into the natural environment, voluntary, by negligence or imprudence:
1o Of any specimen of one animal specie at the same time not native with the territory of introduction and nondomestic;
2o Of any specimen of one plant specie at the same time not native with the territory of introduction and not cultivated;
3o Of any specimen of the one of the animal species or vegetable indicated by the administrative authority.
II. - However, the introduction into the natural environment of specimens of such species can be authorized by the administrative authority at agricultural, piscicultural or forest ends or for reasons for general interest and after evaluation of the consequences of this introduction.
III. - As soon as an infringement is noted, the administrative authority can proceed or make proceed to the capture, the taking away, the guard or the destruction of the specimens of the introduced species.
IV. - When a person is condemned for infringement to the provisions of this article, the court can put at its load the expenditure incurred for the capture, the taking away, the guard or the destruction made necessary .
Lists
List reds and lists (national, regional and sometimes secondary roads) of protected spaces are published in the title of the L.411 article of the Code of the Environment, aiming at preserving the not-domestic or vegetable animal species not-cultivated when a particular scientific interest or the needs for the safeguarding of the national biological inheritance justify their conservation.A series of interministerial decrees fixes the restrictive lists of the species thus protected and the particular conditions from their protection. Any direct destruction or any modification of the places (installation, modification of the medium…), likely to make disappear or to harm protected spaces are interdites.
Parfois protection is explicitly extended to the Habitat of the species in question, its nest, etc
Exceptions
An exemption concerns the wounded or sick individuals if they must in urgency being transported towards a center of care. It is tallied by instruction PN/S2 N°93-3 of May 14th, 1993 relating to the implementation of the provisions of the decree of September 11th, 1992 relating to the general rules of operation and the characteristics of the installations of the establishments which practice care on the animals of the wildlife for their insertion or their reintegration in nature . It must be a question in the absence of better solution of a true emergency case (survival of the animal obviously threatened, or risks obvious loss of capacity with to see being reintegrated in nature), transport then having to be carried out " as soon as possible and by the route more direct" the Department of the Environment (December 1996) specified (Idem for species chassables or protected by convention from Washington on the international business from the species from fauna and wild flora threatened of extinction), without the objective of safeguard of the animal not exempting the rescuer to have to be justified if it is necessary in front of a member of the police force.
See too
- List of species threatened
- Convention on the international business of the species of fauna and flora savages threatened of extinction
- List of international conventions relating to protection of the animal
External bonds
- Inra Kiosk on protected spaces (not necessarily up to date)
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