4 Underwater Landscape Put to the Test of Law
49
later (Lavezzi and Cerbicales in Corsica, La Caravelle in Martinique, and Entrecasteaux reef in New Caledonia). Under the measure, once the site is classed as a
reserve, the territory’s status and appearance may no longer be altered (L 332-9).
This latter provision indeed shows that landscape is part of the protected elements.
Thanks to highly restrictive provisions, nature reserves have achieved excellent
results and have even helped restore environments and thus landscapes. But the
Environment Code is silent on the importance of landscape integrity within a
reserve and ironically, the French Urban Planning Code is more advanced, combining provisions for the preservation of biological balances and the protection
of outstanding coastal landscapes (Urban Planning Code, Art. R 146-1).
3. The French biotope protection by-law (Rural Code, Art. R 211-12) stemming
from the Decree of 25 November 1977, is a much less restrictive and also less
effective instrument, but nonetheless useful since it is much less complex to create. It protects a biotope necessary to the conservation of a species threatened
with extinction. In maritime public property, these by-laws come within the remit
of the Minister responsible for fisheries. The relevant authority may take measures restricting use, following an opinion issued by the Commission for nature,
landscapes and sites (Environment Code Art. R 411-15 to 17). A biotope protection by-law only concerns landscapes indirectly and the measures may not
even concern the view we have of the area in question; in most cases, however,
the landscape will be protected by measures aiming to protect a given species’
biotope.
4. “Natura 2000” areas under the “Habitats” Directive 92/43 of 21 May 1992 are
designed to contribute to the conservation of natural habitats and biodiversity.
The European Union has selected priority natural habitats, both terrestrial and
aquatic. The aim is to establish a European network of protected areas taking
account of the vulnerability of spaces and species. Member States must therefore
designate sites of community importance. After designating a site, the Member
State takes the necessary measures to protect special areas. Protecting vulnerable
species and their habitat is the key aim, but again such protection of habitats helps
maintain the landscapes that correspond to particular biotopes.
5. Marine protected areas are also established to protect particularly outstanding
fauna, flora and biotopes. They are areas delimited at sea for which long-term
protection goals are set. These areas are scientifically monitored to check application of an action plan, regulations or at the very least a code of conduct. The
main aim is to protect biodiversity and habitats, but also to protect rare species
or to restore an environment or fisheries resources. An MPA does not refer to any
particular legal type of protection measure, and even less so to a specific legal
system. The State having territorial jurisdiction or the relevant States in the case
of measures taken by agreement in areas beyond national jurisdiction may choose
any solution regarded as effective. States establishing MPAs form networks with
a view to implementing coherent and complementary protection measures. The
IUCN has defined six MPA categories based on the objectives pursued. Landscapes are included in Category V, a choice that is difficult to comprehend, as if
landscape did not require protection in the other categories. The concept became
49
later (Lavezzi and Cerbicales in Corsica, La Caravelle in Martinique, and Entrecasteaux reef in New Caledonia). Under the measure, once the site is classed as a
reserve, the territory’s status and appearance may no longer be altered (L 332-9).
This latter provision indeed shows that landscape is part of the protected elements.
Thanks to highly restrictive provisions, nature reserves have achieved excellent
results and have even helped restore environments and thus landscapes. But the
Environment Code is silent on the importance of landscape integrity within a
reserve and ironically, the French Urban Planning Code is more advanced, combining provisions for the preservation of biological balances and the protection
of outstanding coastal landscapes (Urban Planning Code, Art. R 146-1).
3. The French biotope protection by-law (Rural Code, Art. R 211-12) stemming
from the Decree of 25 November 1977, is a much less restrictive and also less
effective instrument, but nonetheless useful since it is much less complex to create. It protects a biotope necessary to the conservation of a species threatened
with extinction. In maritime public property, these by-laws come within the remit
of the Minister responsible for fisheries. The relevant authority may take measures restricting use, following an opinion issued by the Commission for nature,
landscapes and sites (Environment Code Art. R 411-15 to 17). A biotope protection by-law only concerns landscapes indirectly and the measures may not
even concern the view we have of the area in question; in most cases, however,
the landscape will be protected by measures aiming to protect a given species’
biotope.
4. “Natura 2000” areas under the “Habitats” Directive 92/43 of 21 May 1992 are
designed to contribute to the conservation of natural habitats and biodiversity.
The European Union has selected priority natural habitats, both terrestrial and
aquatic. The aim is to establish a European network of protected areas taking
account of the vulnerability of spaces and species. Member States must therefore
designate sites of community importance. After designating a site, the Member
State takes the necessary measures to protect special areas. Protecting vulnerable
species and their habitat is the key aim, but again such protection of habitats helps
maintain the landscapes that correspond to particular biotopes.
5. Marine protected areas are also established to protect particularly outstanding
fauna, flora and biotopes. They are areas delimited at sea for which long-term
protection goals are set. These areas are scientifically monitored to check application of an action plan, regulations or at the very least a code of conduct. The
main aim is to protect biodiversity and habitats, but also to protect rare species
or to restore an environment or fisheries resources. An MPA does not refer to any
particular legal type of protection measure, and even less so to a specific legal
system. The State having territorial jurisdiction or the relevant States in the case
of measures taken by agreement in areas beyond national jurisdiction may choose
any solution regarded as effective. States establishing MPAs form networks with
a view to implementing coherent and complementary protection measures. The
IUCN has defined six MPA categories based on the objectives pursued. Landscapes are included in Category V, a choice that is difficult to comprehend, as if
landscape did not require protection in the other categories. The concept became