Laws are vital to the proper functioning of society and the preservation of resources. The collective enactment of groups of laws is known as legislation. Legislation plays an essential role in protecting biodiversity from damage and exploitation. Biodiversity refers to a region's level of species diversity (the more species an area contains, the higher its biodiversity level). Think about forests and other areas of natural habitat- without effectively enforced laws, individuals and organisations could simply remove all of the habitat in order to make way for residential, commercial, agricultural, or industrial development. To prevent this, we need biodiversity legislation. In the following, we will discuss biodiversity legislation in the United Kingdom and abroad, including looking at the different laws and organisations involved, the sorts of protected areas, what they protect, and why they are important.
Government Legislation on Biodiversity
Many governments worldwide have enacted laws that aim to protect biodiversity levels. One particularly well known example of biodiversity legislation outside of the UK is the Endangered Species Act (ESA) of the United States, which was enacted by US president Richard Nixon in late 1973. The ESA aims to protect endangered and threatened species within the US through management by the United States Fish and Wildlife Service (USFWS). Many species were saved by the implementation of the ESA, including (but not limited to) the American alligator (Alligator mississippiensis), bald eagle (Haliaeetus leucocephalus), grizzly bear (Ursus arctos horribilis), and Florida manatee (Trichechus manatus latirostris). In the UK, nearly 50% of all species have gone extinct due to human activities. Some of these extinctions occurred prior to the modern era, so many residents may not even be aware that they are native. Wolves (Canis lupus), for example, were hunted to extinction in the UK by the mid-18th Century, which left the UK without its largest apex predator (Fig. 1).
Apex predators are the top predators in an ecosystem, occupying the highest trophic levels and playing an important role in the regulation of species in the trophic levels beneath them.
Figure 1: The distribution of the grey wolf (Canis lupus). As you can see, the species has been extirpated from the UK, where it disappeared during the mid-18th Century. Source: Wiki Commons, Public Domain
The Wildlife and Countryside Act of 1981
In terms of biodiversity legislation in the UK, one of the most significant pieces of legislation passed by an Act of Parliament is the Wildlife and Countryside Act of 1981. This legislation aims to protect native wildlife, particularly threatened species, regulate non-native/invasive species, and protect areas of natural habitat. The act consists of four different parts, which we will briefly cover now.
Part I- Wildlife
The first part of the act protects, as it states, wildlife, but also plants. It makes special mention to the protection of birds and bird nests from killing or removal by humans. It regulates the killing of wildlife species, including the banning of some methods of capture and killing under special circumstances when these actions are permitted.
One of the most controversial hunting practices in the UK involves the hunting of red foxes (Vulpes vulpes) by humans with trained domesticated dogs. The Wildlife and Countryside Act of 1981 prohibits the use of live bait, decoys, certain snares, and bows to hunt foxes. In addition, the practice has been outlawed entirely in England, Wales (by the Hunting Act of 2004), and Scotland (by the Protection of Wild Mammals Act of 2002). The practice remains legal in Northern Ireland.
Part II- Nature Conservation, Countryside and National Parks
The second part of the act is primarily concerned with the protection of natural habitat. This includes Sites of Specific Scientific Interest (SSSI) (which we will go over in greater detail later), national parks, and other terrestrial and marine nature reserves.
Headon Warren and West High Down is an SSSI on the Isle of Wight. It contains the world famous Needles chalk stalks of the English Channel (Fig. 2), the sea around which comprises the Needles Marine Conservation Area, which provides protection to seagrasses (Zostera marina), peacock's tail algae (Padina pavonica), and more. The terrestrial portion of the SSSI provides habitat for various bird species, such as the Dartford warbler (Curruca undata), as well as various plant species, such as centaury (Centaurium erythraea) and hoary stock (Matthiola incana).
Figure 2: The Needles chalk stalks of Headon Warren and West High Down, an SSSI on the Isle of Wight. Source: Wiki Commons, Public Domain
Part III- Public Rights of Way
"Public rights of way" refer to the rights of people to travel through areas of land on given pathways, such as highways, footpaths, byways, and more.
Example
Footpaths and bridleways are both examples of what are known as "public paths". While footpaths are reserved exclusively for use by people walking on foot, bridleways also include cycling and horseback riding. Certain highways are open to the general public and allow for all types of traffic, including vehicle and foot traffic. These are known as byways open to all traffic (BOAT).
Part IV- Miscellaneous & General
The fourth part of the act involves subjects not covered in the previous three acts, such as those covering Crown land (which is territory of the monarchy) and the Isles of Scilly (a small archipelago off the southwestern coast of England.
Biodiversity Legislation in Conservation and Sustainability
As stated previously, biodiversity legislation plays an important role in the protection of biodiversity levels. This includes the conservation of natural resources, including wildlife species, as well as through sustainable use practices, which aim to provide a sustainable way to utilise natural resources. In the UK and abroad, certain designated areas of protection have been allocated to protect species and their habitats. Some important examples include:
Sites of Special Scientific Interest (SSSI)
These are considered to be the "building blocks" for conservation areas in the UK. Other types of protected areas can be contained within SSSIs.
National Nature Reserves (NNR)
These consist of nature reserves that are designated as having a high level of national importance to the UK.
Marine Nature Reserves (MNR)
These are nature reserves that are similar to NNRs but are specific to marine habitats and species in the UK.
Natura 2000
Natura 2000 are a series of protected areas within the European Union (not just the UK). These protected areas are either Special Areas of Conservation (SAC) or Special Protection Areas (SPA).
Special Areas of Conservation (SAC) are conservation areas designated by the EU's Habitat Directive on the conservation of natural habitats and of wild fauna and flora.
Special Protected Areas (SPA) are conservation areas designated by the EU's Directive on the Conservation of Wild Birds and provide protection to migratory bird habitat.
Ramsar sites
Ramsar sites are wetlands considered to be of significant importance on a global scale. Ramsar sites are found worldwide (Fig. 3) and are designated as such under the Ramsar Convention on Wetlands of International Importance Especially as Waterfowl Habitat, which went into effect in 1975. There are currently well over 2000 Ramsar sites worldwide, with the UK holding the highest number (175), followed by Mexico (142), Spain (76), Sweden (68), and Australia (66).
Figure 3: The Dokka Delta of Norway is an example of a Ramsar Wetland. Source: Wiki Commons, Public Domain
Local Nature Reserves (LNR)
These are protected natural areas that are not of national or international significance but are locally important in the UK.
Marine Protected Areas (MPA)
Marine Protected Areas comprise protected areas of the ocean, estuaries, and some freshwater lakes worldwide and are designated as such by the International Union for Conservation of Nature (IUCN).
Marine Conservation Zones (MCZ)
These are reserves established in marine areas of the UK in order to protect threatened species and their habitats. These zones were first introduced with the Marine and Coastal Access Act of 2009.
Sustainability
Sustainable use is a practise that has played an important role in biodiversity protection over the past half century. Sustainable use involves using natural resources in a way that does not result in a decline in the abundance of that resource. In terms of biodiversity, this means utilising a species in a way that does not affect or has a positive affect on its wild population. This includes the regulation of trade of animal species by the Convention on International Trade in Endangered Species (CITES).
CITES
CITES went into effect in 1975 and is designed to ensure the protection of animal and plant species on a global scale through the regulation of trade. Species covered by CITES are included under one of three Appendices, according to their population status. Appendices may vary from country to country, depending on the status of the species in each country.
Appendix I is used for taxa under threat of extinction (either locally or globally) and affords the highest level of protection.
Appendix II is used for taxa that are not currently facing an extinction risk, but for which the control of trade is vital to maintenance of a stable population.
Appendix III is used for taxa that are currently under protection in one or more countries that have requested assistance for trade control from CITES.
An excellent example of sustainable use and the utilisation of CITES would be the conservation storey of the saltwater crocodile (Crocodylus porosus) (Fig. 4). By the early 1970s, the saltwater crocodile was facing extinction throughout its entire range (and was likely already extinct in many areas). In addition to legal protections that were implemented at this time, sustainable use programmes also played a vital role in saving the species in some areas. Crocodile farming operations allowed legal crocodile skins to dominate the market, thus reducing the demand for illegally obtained wild skins and relieving pressure on the wild population. This worked wonders in Australia and Papua New Guinea, where crocodile populations rebounded to near pre-exploitation levels, but the species continued to decline and went extinct in other areas (such as most of mainland Indochina), due to habitat destruction and fear-related eradication efforts. This is why, in Australia, New Guinea, and a couple of other countries, the saltwater crocodile is listed as Appendix II. In other countries, such as Thailand and Vietnam, where the species is essentially extinct, it is listed as Appendix I.
Figure 4: The saltwater crocodile is a fine example of a species that was rescued in part due to sustainable use implementation in Australia and Papua New Guinea. Source: Wiki Commons, Public Domain
Some other examples of organisations and agreements that regulate sustainable use include-
The International Whaling Commission (IWC), which is a UK based organisation that aims to regulate whaling on a global level through the protection of threatened species and the regulation of harvest of non-threatened species.
The Common Fisheries Policy (CFP) is a policy enacted by the EU that regulates the harvest of each species of fish.
International Tropical Timber Organisation (ITTO) is an international organisation based in Japan that aims to conserve and protect tropical forests and promote sustainable use.
Biodiversity Legislation Changes and Reforms
Biodiversity legislation is often updated and/or changed over the years for a number of reasons, such as changing threats to species and inadequacies of certain laws. In the United States, for example, the extremely effective Endangered Species Act of 1973 was preceded by the Endangered Species Preservation Act of 1966 and the Endangered Species Conservation Act of 1969, both of which were deemed inadequate to address the rapidly declining populations of many species. In the UK, the Wildlife and Countryside Act of 1981 replaced the Protection of Birds Act of 1967 and the Conservation of Wild Creatures and Wild Plants Act of 1975, and amend the Endangered Species (Import and Export) Act of 1976. Often, new legislation is also passed in order to combat threats to biodiversity. In 2021, for example, the UK passed the Environment Act which is meant to provide a wide range of protections to wildlife and plants, as well as to water and air quality.
You should now have a much better understanding of the different kinds of biodiversity legislation in both the UK and abroad. You likely also have a better grasp on how and why these different forms of legislation work the way they do. If you feel up to it, head over to the flash cards for this article and test your knowledge!
Biodiversity Legislation - Key takeaways
- The Endangered Species Act (ESA) of the United States, which was enacted by US president Richard Nixon in late 1973.
- The Wildlife and Countryside Act of 1981 is legislation to protect native wildlife, regulate non-native species, and protect natural habitat. There are four parts of the act- Part 1- Wildlife, Part II- Nature Conservation, Countryside and National Parks, Part III- Public Rights of Way, and Part IV- Miscellaneous & General.
- Sites of Special Scientific Interest (SSSI) are considered to be the "building blocks" for conservation areas in the UK. Other types of protected areas can be contained within SSSIs.
- Ramsar sites are wetlands considered to be of significant importance on a global scale. Ramsar sites are found worldwide and are designated as such under the Ramsar Convention on Wetlands of International Importance Especially as Waterfowl Habitat of 1975.
- CITES (Convention on International Trade in Endangered Species) is designed to protect animals and plants on a global scale through the regulation of trade. Species covered by CITES are included under one of three Appendices, according to their population status- Appendix I, II, and III.
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