Published without a T-PVS reference: Update Report on marine turtle conservation in Zakynthos 2008

MEDASSET

The Mediterranean Association to Save the Sea Turtles

Marine Turtle Conservation in the Mediterranean

Update Report on marine turtle conservation in Zakynthos (Laganas Bay), Greece 2008

Submitted to: The European Commission, DG Environment The 28th Meeting of the Standing Committee of the Convention on the Conservation of European Wildlife and Natural Habitats (Bern Convention) Greek Ministry of Environment, Planning and Public Works Management Body of the National Marine Park of Zakynthos

Prepared by Lily Venizelos, Stephanos Kouris, Liza Boura, Nita Kyriacopoulou MEDASSET The Mediterranean Association to Save the Sea Turtles

18th of November 2008

ZAKYNTHOS NATIONAL MARINE PARK, GREECE: 2008 UPDATE REPORT

Table of Contents 1. Introduction................................................................................................................3

2.

1.1

Aims and Objectives of this Report ...............................................................3

1.2

Background....................................................................................................4

1.3

Overview of the situation in Zakynthos........................................................4

1.3.1

Timeline of Zakynthos..................................................................................5

The Nesting Beaches..........................................................................................7 2.1 East Laganas and Kalamaki .................................................................................7 2.2 Sekania.................................................................................................................9 2.3 Daphne ...............................................................................................................10 2.4 Gerakas ..............................................................................................................12 2.5 Marathonisi islet ................................................................................................13

3. The Sea.....................................................................................................................13 4. Legislation Breaches................................................................................................14 5. Conclusions..............................................................................................................16 6. Recommendations....................................................................................................18 7. T-PVS List ...............................................................................................................20 8. Photographs..............................................................................................................21

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ZAKYNTHOS NATIONAL MARINE PARK, GREECE: 2008 UPDATE REPORT

1. Introduction 1.1

Aims and Objectives of this Report

Since 1983, MEDASSET has lobbied the Greek Authorities and the European Commission (EC) for effective protection of the nesting beaches in Laganas Bay on the island of Zakynthos, Greece. Following the EC’s decision to close the 2002 European Court of Justice case (C-103/00, ECR 2002:1147) on June 27th, 2007.

This annual report aims to: •

Independently assess the conservation status of each of the nesting beaches and the surrounding sea, identifying the strengths and weaknesses of Management measures or lack thereof.

•

Draw attention to the continued lax approach to EC and National environmental legislation and closed, unaccountable management; to encourage adherence to basic legislation and establish more open, participative decision-making procedures in relation to the Park Management.

•

To urge the EC to pressurise the Greek Authorities to comply with the EC Habitat Directive (92/43/EEC) and National legislation, especially in relation to the nesting beaches of Daphne and Sekania; and to continue monitoring Greece’s compliance with EC legislation.

Figure 1: Zakynthos National Marine Park Map: The nesting area in Laganas Bay, Zakynthos, consists of six discrete nesting beaches (East Laganas, Kalamaki, Sekania (owned by WWF Greece), Daphne, Geraka and Marathonisi islet); the most important loggerhead nesting area in the Mediterranean,

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ZAKYNTHOS NATIONAL MARINE PARK, GREECE: 2008 UPDATE REPORT

1.2 Background With sea turtle’s particular physiology of nesting on beaches on which they were incubated and hatched, makes the protection of nesting beaches a priority. Poorly planned and intensively constructed facilities catering to the increasing tourism business in the 1980s have created major problems in managing the nesting beaches in Laganas Bay. Environmental organisations have played a key role in regulating the situation and in achieving the constitution of the Zakynthos National Marine Park (ZNMP): ¾ ARCHELON carries out international volunteer summer programmes, monitoring of the nesting beaches and scientific assessment (with the applicable permit issued by the Park Management) ¾ WWF Greece acquired the land behind Sekania in 1992 to prevent development of the highest density beach and is represented alternatively with ARCHELON at the ZNMP Board of Management ¾ MEDASSET undertakes continuous lobbying of the Greek Ministry of Environment, the EC, the Bern Convention, and the European Ombudsman.

However, unlike the other involved NGOs, the role of MEDASSET is that of an independent ‘watch-dog’ to ensure that people in positions of power advocating “mild” development on significant nesting beaches do not go unnoticed.

1.3 Overview of the situation in Zakynthos Despite the numerous complaints by NGOs, the EC declared that the Park was “progressively managed” and has closed the case at the European Court of Justice (ECJ) (27/6/2007). The 2007 decision by the EC means that the ECJ will not impose a severe fine (up to €50,000/day backdated to 2002) on the Greek State. However, should mismanagement occur, the threat of re-opening the Case remains leverage to use against the Greek State.

Key observation for 2008: •

•

• • •

Increased number of visitors was observed on all nesting beaches, sometimes exceeding the allowed limit by two or even three times. On the 7th of August 2008, there were 540 people on the beach of Gerakas at 14:00 pm even though the ticketing scheme (system to control the number of visitors on the beach at any one time) was in place.

Daphne beach has become a “little village venture”, in order to accommodate the increased number of visitors that are allowed access. During the 2008 nesting season there has been a substantial increase in sun beds and umbrellas which are placed even closer to the sea and roads have been tar marked for easier access to the beach.

The problem of the seagulls preying on hatchlings at the Sekania nesting beach persists, as the Waste Disposal Site continues to operate without fully complying with the relevant codes of management and operation (i.e. exposed waste).

Fines imposed since 2006 on the illegal building owners in Daphne have yet to be settled.

No guard was allocated at the Sekania nesting beach throughout the nesting season.

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ZAKYNTHOS NATIONAL MARINE PARK, GREECE: 2008 UPDATE REPORT • •

Speed boats are still entering the protected Maritime Zone and illegal fishing is an ongoing issue.

Buoys were not in place as required at the Maritime Zone of Sekania.

1.3.1 TIMELINE OF ZAKYNTHOS The nesting area of Laganas Bay has been the scene of much contention for over 25 years, with the EC taking Greece to the European Court of Justice in 2002 for failing to implement an effective system of strict protection for the loggerhead.

Figure 2: TIMELINE- The above timeline outlines the dealings with Laganas Bay since 1994.

•

1994 1997

• •

1998 •

1999

• •

2002

• •

2003

• •

• •

2004

• • •

2005

•

MEDASSET made a formal complaint to the European Union; case No. 4/4667SG(94)A/15702 against the Greek Government for its failure to apply National and International Law and Bern Convention Recommendations, concerning the preservation of sea turtles on Zakynthos. In particular the Council Directive 92/43/EEC 21st May 1992, on the Conservation of European Wildlife & Natural Habitats of which the European Community is a party. The complaint was renewed each year until 1998.

The complaint to the EC was put in abeyance. MEDASSET appealed to the EC Ombudsman.

Eventually the annual complaints to the EC proved effective, leading to an “on the spot appraisal” by the EC DG XI, whose representative at the 18th Bern Meeting in 1998 announced the commencement of infringement procedures against Greece.

The Zakynthos Case File was closed at the 22nd Bern Convention Meeting in 1999 subsequent to the EC initiative to take the Greek Government to the European Court of Justice for non-implementation of conservation legislation and EC Environmental Directives in Laganas Bay. The Presidential Decree providing the constitution for the Zakynthos National Marine Park (ZNMP) in Laganas Bay was signed immediately after the EC announced its action, in December 1999, during the Bern Convention Meeting.

The EC lodged the Case at the European Court of Justice Ruling against Greece for failing the fulfil obligations under Article 12(1)(b) and (d) of Habitat’s Directive (92/43/EEC).

Final written warning after on-the-spot appraisal showed Greece’s progress unsatisfactory.

EC Delegation consisting of all Greek nationals conducted an ‘on-the-spot’ appraisal of Laganas Bay finding ‘substantial progress has been made towards effective implementation of a system of strict protection for the sea turtles’. The findings were in contradiction to the NGO Reports to the EC. A European Parliament Petition Committee visited Laganas Bay, highlighting in their report (10.12.03) to the Commission that ”It was clear from our visit, conversations and pictures seen, that the provisions of the EC Directive are not being complied with…”

Greek Authorities issued a “short-term timetable for the adoption of the remaining actions” in order to comply with the Court Judgement of 30th January 2002.

Ombudsman denied NGO full access to the results of 2003 on-the-spot appraisal.

The EC sent Greece a Final Written Warning 'Reasoned Opinion' urging the Government to comply within 2 months Greece responded to the EC’s ‘Reasoned Opinion’ by providing €90,000 towards the €300,00 debts of the non-functioning ZNMP Body On December 31st 2004 the Waste Disposal Area on the hill above Sekania nesting beach, once again overflowed and the beaches and Bay were awash with effluent. The Plant has been the subject of Public Health Department prosecutions since 2000.

General Inspectors of Public Administration (GEDD) investigated Zakynthos in respects to compliance with ECJ ruling. Report gave strict recommendations to meet Ruling obligations.

Director of the Land Registry of Zakynthos was hospitalised after having been violently assaulted following signing of official documents confirming the State owned the majority of land around the nesting beaches.

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ZAKYNTHOS NATIONAL MARINE PARK, GREECE: 2008 UPDATE REPORT • • • • • • •

•

2006

• • • • •

• •

2007

• • •

• • •

2008 •

NGO’s MEDASSET and EuroNature delivered a 17,000 signature petition to the Greek Prime Minister. No response was issued.

The Minister of Environment appointed a replacement for the ZNMP President. A month later the NGOs lobbied against the appointment due to vested interests with his family owning illegal buildings on Daphne nesting beach.

New appointment of Prof. Amalia Karagounis-Kyrtsos of Athens University (current President)

by Minister of Environment.

Local Zakynthos Prefect refused to demolish illegal buildings despite Government order eleven years beforehand to do so.

Daphne landowners lost an appeal at the Greek Constitutional Court to remove restrictions (imposed by the Presidential Decree constituting the Park) on private property development within the boundaries of the Park.

On 28th September 2005, a Management Body for the ZNMP was established according to regulations outlined in the Park’s Management Plan.

ZNMP President without the knowledge or consent of the Management Body developed a ‘Pilot Management Plan of Daphne’ and signed a ‘Cooperative Agreement’ with the owners of the local illegal building owners in Daphne. It indicated the locals should implement ‘…aesthetic and other improvements as indicated by the ZNMP’ to their buildings.

A ‘Pilot Management Plan of Daphne’ was undertaken closing the beach and allowing the construction of 9 new buildings on the area directly behind the nesting beach.

NGOs filed formal complaint leading to Police visits and an arrest.

NGOs lobbied the EC for intervention on the continued construction. Multiple Press Releases were circulated.

Zakynthos Department of Urban Planning imposed fines ranging from €270 to €670,000 on those landowners that had further developed under the instructions of the ZNMP President (those that refused to co-operate with ZNMP President were not fined).

Local Daphne residents held protests destroying ZNMP guard posts and signage.

ZNMP President meets with EC DG Environment. Reports to media after she has successfully convinced the EC to close the ECJ Case and avoid fine.

EC DG Environment sent the NGOs a letter on their intention to close the ECJ Case. ECJ case closed on 27/6/2007.

Minister of Environment confirmed that the fines imposed on the local buildings in 2006 would not be removed.

ZNMP President instigates the construction of 2 new car parks (100 cars each) in Daphne, further facilitating access. No regulation of number of tourists on the beach. No EIA on the carrying capacity of the nesting beaches.

Mayor of the city of Zakynthos imprisoned for embezzlement of €10 million.

Improvement seen in the Management of the ZNMP; however the situation in Daphne remains largely the same.

Fines imposed 30 months ago by the Zakynthos Department of Urban Planning on illegal building owners have yet to be settled.

Discussions regarding the amendment of the existing Presidential Decree have been extensive.

The President of the Park is making efforts to prevent changes to the Presidential Decree by promoting first a management plan for the area.

Although an official decision on the expansion or the relocation of the existing Waste Disposal Site (XYTA) has not been issued, it is anticipated that the expansion will not be approved since the Ministry of the Environment has made it clear in writing that such a development at Skopos is not a sustainable solution to the Zakynthos waste management problem. The ZNMP, the Hellenic Ministry of Environment and the NGOs agree that there can not be a XYTA at Skopos.

Local authorities however strongly support such a development.

The representative of WWF in Zakynthos and sole representative of the NGOs on the Management Board of the ZNMP (WWF and ARCHELON are represented in rotation), submitted her resignation from Secretary General to the Board, claiming non-transparency of decision-making procedures.

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ZAKYNTHOS NATIONAL MARINE PARK, GREECE: 2008 UPDATE REPORT

2.

The Nesting Beaches

During the nesting season, compliance with regulations set out in the Presidential Decree and EC legislation was monitored by MEDASSET volunteers. The effectiveness of the guarding on each nesting beach was determined by visits at various times and dates during the nesting season (May-October).

According to ARCHELON in 2007 as many as 88.5% of all turtle nests and in 2008 as many as 87% hatched successfully. The decrease in hatching success is not significant and overall it is considered that 2008 was a satisfactory nesting season.

The Zakynthos Port Authority reported that 32 sea turtles were stranded of which 24 were dead and 8 were wounded. The number of dead turtles has been the highest ever recorded so far in one nesting season, creating much concern about the need for stricter regulation and monitoring of sea activities.

Several complaints were expressed by visitors regarding the attitude of guards at the nesting beaches especially at Gerakas, Kalamaki and occasionally at Daphne. On many occasions it was noted that guards were rude to visitors, misinformed or not adequately informed and were simply taking on the role of policing, Guards should have a basic knowledge of the conservation work that is being carried out in the area so that simple queries by visitors are satisfied, or be trained to give suitable responses for referring visitors to information desks. Park presence was poor especially on Sekania, East Laganas and Kalamaki beaches.

The ZNMP staff has remained unpaid for several months during 2007-2008 due to bureaucratic complications. As they are all locals, lack of trust is formed towards the ZNMP, which impedes its mission and work. Combined with the absence of a compensation scheme or another kind of settlement by the Greek State for the owners of illegal buildings in Daphne, there is little acceptance of the existence of the Marine Park and sea turtle protection efforts by the local community. This leads to events such as the vandalism of Archelon’s inflatable boat on the 25th September, 2008.

The ZNMP, the Port Authority and NGO’s have attempted to work together in an effort to enforce a more integrated approach to the necessary protection of the area.

The following section reviews the situation on each nesting beach.

2.1 East Laganas and Kalamaki (Zone Π3: Nature Protection Site, maritime zone B) Beach Size: 2250km East Laganas and Kalamaki nesting beaches, due to their proximity to the main tourist strip in Laganas, are relatively tourism-intensive with problems regarding excessive beach furniture, umbrellas and pedal boats up until 2006. There are 5 ZNMP kiosks on the beach at East Laganas and Kalamaki. Our volunteers walked the beach during the day and night and counted umbrellas and sun beds as well as noting any illegalities observed.

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ZAKYNTHOS NATIONAL MARINE PARK, GREECE: 2008 UPDATE REPORT

Figure 3: Map of E. Laganas and Kalamaki nesting beaches (Scale 1:5000)

Largely due to the Park’s monitoring, the number of umbrellas (150) and sun beds (300) in E. Laganas and Kalamaki were in compliance with the provisions of the Presidential Decree and were stacked in rows on the beach at night, while the provision for daytime location (5 metres from the sea) was respected, which is an improvement compared to previous years. The 104 umbrellas and the 160 sun beds that were illegally placed on the flattened sand dunes since 2003, have yet to be removed.

The barriers (poles) erected by the Park near the stream and sand dunes in 2007 (See Photo 1) are still in place, although at various points they should be closer together due to the fact that there is enough room for quad bikes to get through and gain access to the beach at night. Our volunteers frequently reported finding quad bike tracks early in the morning leading from the gap between the barrier poles to the rest of the beach areas. The use of mopeds on the East Laganas nesting beaches was sanctioned by the ECJ in its 2002 ruling, where it held that this constituted a deliberate disturbance to the turtles during their breeding period (Provision n°36).

There are five entrances to Kalamaki and East Laganas nesting beaches; four have Warden Stations while the fifth has no Station and was completely unguarded. One of the entrances with a Warden Station was not guarded at night up until the end of July. Several people entered through the unguarded entrances at night causing disturbance to turtles attempting to nest. Tourist representatives were once again reported telling tourists to walk to Laganas via the nesting beach during the night and our volunteers came across tourists who were indeed following these instructions.

The flattened dunes at the back of Kalamaki nesting beach, where the illegal umbrellas and sun beds are situated, are a cause of severe erosion. Stable sand dunes play an important part in protecting the coastline. They act as a buffer against wave damage during storms, protecting the land behind from salt water intrusion.

This sand barrier allows the development of more complex plant communities in areas protected from salt water inundation, sea spray and strong winds. The dunes also act as a reservoir of sand, to replenish and maintain the beach at times of erosion. Restoring degraded biotopes to allow efficient ecological functioning is

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ZAKYNTHOS NATIONAL MARINE PARK, GREECE: 2008 UPDATE REPORT important and must be sustained throughout the National Marine Park. This issue will also be discussed in regards to Daphne nesting beach, but is a pertinent issue that should be addressed by the Park Management.

2.2 Sekania (Zone A1 : Absolute Protection Site, maritime zone A) Beach Size: 350 m Sekania, a nesting beach of ‘Absolute Protection’ has the largest known nesting density of loggerheads in the world. The land behind the beach is owned by WWF Greece.

The Park during the 2008 season had not appointed a guard for Sekania. According to information from our volunteers and other sources, it is unclear who should provide a guard for the beach because even though WWF owns the land behind the beach, the beach itself belongs to the jurisdiction of the Park. In the meantime, the beach remains unguarded for a second consecutive year.

On several occasions speeding boats (over 6mph) in Zone A were observed by our volunteers. Buoys marking the Maritime zone were not in place during the 2008 nesting season and reports by volunteers mention that the buoys were only positioned at the end of the nesting season after mid August. (See photo 2) These buoys are very important in order to delineate the area of the Laganas Bay where boats are not allowed to moor and/or enter. The presence of small boats near the breeding beaches had already been ruled as an infringement by the ECJ in its 2002 judgement, where it held that they constituted a source of danger to the life and physical well-being of the turtles because of the noise pollution it caused (provision n° 34 & 36).

Waste Disposal Site (XYTA) Sekania is no doubt a haven for sea gulls looking to predate on emerging hatchlings.

With the Zakynthos Waste Disposal Area (‘XYTA’) situated above the area, it is evident that sea gulls after being attracted by the offloading rubbish trucks, descend to the Sekania nesting beaches to feed. Over 200 gulls were observed feeding on the beach on numerous occasions during the nesting season (See Photo 3). Current research by the Park Management in collaboration with the Hellenic Ornithological Society aims to produce some solutions to this serious problem which potentially breaches the Habitat Directive (Article 12.1(d), 92/43/EEC) which requires the establishment of a system of strict protection and prohibits the deterioration of breeding sites). However, until their realisation, the Park Management should secure guarding of the beach throughout the nesting season In addition, occurrence of marine pollution during winter within the Bay has also been noted several times. The Management Agency of the Disposal Area was prosecuted in 2005 for negligence1. The most appropriate action to take in such an area of ecological importance would be to relocate the ‘XYTA’.

1

A Greek Common Ministerial Decision (A.P.107064, 3/10/2000), based on an Environmental Impact Assessment (EIA) of the Area, issued the “Operational Permit” for the Waste Disposal Area with specifications for terms of operation. As identified by the above Ministerial Decision, negligent management of the Waste Disposal Area contributes to a serious threat to hatchlings with the concentration of seagulls, a major predator to hatchlings, above the nesting beaches.

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ZAKYNTHOS NATIONAL MARINE PARK, GREECE: 2008 UPDATE REPORT Zakynthos suffers from a badly managed Waste Disposal Site. Discussions are underway regarding the expansion of its working permission. Such a development will result in substantial pollution of the natural environment and poses a serious threat of degradation of the existing ecosystem. Objections to the materialisation of such a development have been expressed by the Park and NGO’s. Locals are in favour of having the Waste Disposal Site expanded in situ.

Although an official decision on the expansion or the relocation of the existing Waste Disposal Site (XYTA) has not been issued, it is anticipated that the expansion will not be approved since the Ministry of the Environment has made it clear in writing that such a development at Skopos is not a sustainable solution to the Zakynthos waste management problem. The ZNMP, the Hellenic Ministry of Environment and the NGOs agree that there can not be a XYTA at Skopos (the area just above the Sekania Beach).

2.3 Daphne (zone Π1: Nature Protection Site, maritime zone A) Beach Size: 300 m The Presidential Decree states that a maximum of 100 visitors are permitted at any time on the beach and only between the hours of 07:00 and 19:00.

Daphne nesting beach of ‘Strict Protection’ is 300m in length and 20 to 30m in width and is considered to be the second most important nesting beach in Laganas Bay after Sekania.

Daphne has been an area of serious concern since it is becoming more and more apparent that piecemeal developments over the past few years have slowly transformed a natural area into an increasingly dense “small village” (See photo 11).

The “Pilot Management Plan of Daphne” was instigated by the President of the ZNMP in 2006. This Plan has witnessed an attempt for a cooperative approach between the Park and the owners of the illegal buildings in Daphne. This cooperative approach has led to the creation of a “little village” on the Daphne nesting beach (See Photo on page 27). Compared to the new buildings that were developed during the 2007 nesting season, new developments in 2008 are ‘minor’, but are nevertheless very important and contrary to the Presidential Decree (Article 4, par.4) and the ECJ 2002 Ruling (provision n°38) which stressed that “the presence of buildings on a breeding beach such as the one at Daphne is liable to lead to the deterioration or destruction of the breeding site within the meaning of Article 12(1)(d) of the Directive”.

Illegal buildings & Fines The removal of illegal buildings at Daphne has been an obligation of the Greek State since 1987, when only two buildings existed, following recommendations by the Council of Europe (Recommendation No.9, Bern Convention). Since 1999, the Greek authorities have agreed to remove all the illegal buildings (ECJ 2002, provision n°11).

The immediate demolition order by the Supreme Court was confirmed by the Greek General Inspectors of Public Administration in 2005 but has yet to be materialised.These buildings, including 12 more recent ones (since 2006), are still in place and there has been no indication that these building are to be demolished.

The fines that were imposed in 2006 by the Zakynthos Department of Urban Planning and range from €270,000 to as much as €670,000, remain unpaid. It is

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ZAKYNTHOS NATIONAL MARINE PARK, GREECE: 2008 UPDATE REPORT unclear what would happen once the fines have been paid regarding the buildings’ illegal status and the existing decision for their removal. The Greek State has yet to set a compensation scheme for the owners in the event of demolition and relocation.

The Deputy Minister of Environment and Public Works states that the Ministry can not intervene since the illegal buildings and subsequent fines constitute Local Government issues (January 2008). The President of the Park maintains that all fines should be controlled by the Park.

In absence of a comprehensive, long-term integrated Management Plan important issues resulting from this unsolved situation have not been addressed by the Park Management. The illegal status of the buildings means that they do not have access to electricity and to the public sewage system. The Park Management has supplied electricity generators to the illegal owners for their power needs. The noisy generator situated near the car park was replaced by a silent one, but unmanaged sewage is still released into the Bay without any form of treatment, so water quality, bathers and marine life are subsequently at risk.

Roads and car parking areas The beach is now easily accessed, with new wider roads and 2 main car-parks (200 car capacity since 2007), even though the number of visitors cannot be more than 100 at any one time.

In 2008, developments regarding the road network at Daphne have included expansion of roads and the laying of tarmac (See Photo 4 & 5). This action breaches the Presidential Decree (Article 6) that prohibits the creation of new roads.

Guarding The guarding of Daphne was more than sufficient during the 2008 nesting season with at least one guard present at all times on the beach and at least one more guard taking note of the number of cars entering the Park’s two car parks. This positive move by the Management shows that guarding is seen as important to ensure visitor management, as people enter the beach without the pilot-ticketing scheme in place.

However, management of guarding resources should allow equal full-day guarding for all nesting beaches, including Sekania and the manning of the warden kiosks in East Laganas between Kalamaki Beach Taverna and Stani.

During the 2008 nesting season, on a number of occasions guards of Daphne granted permission to our volunteers and others after sun set and as late as 2:00 am to walk on the beach. This matter requires urgent attention, as the Park guards should clearly understand their roles and responsibilities. In addition, although the illegal bars and tavernas turned off lights after sun set, our volunteers observed that the businesses were allowing visitors (customers) to stay on the premises till as late as 2:00 a.m.

Sand dunes A dramatic increase in visitor seating facilities, such as sun beds and umbrellas, was observed in 2008, especially around the restaurants. Beach furniture has been added even closer to the shore (See Photo 6). It must be reminded that recreational beach furniture is completely banned in Daphne by order of the Presidential Decree (Article 4 §4). Unless strict adherence to the Presidential Decree is maintained by the Park, a continued lax approach to the law will be perpetuated in this area.

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ZAKYNTHOS NATIONAL MARINE PARK, GREECE: 2008 UPDATE REPORT Remnants of the 2006 stone-wall still remain on the beach, reducing the available space on this beach of high nesting density. Moreover, it is worth mentioning that removal is complicated because the land on which the rubble stands belongs to the 25% of the landowners who have not signed the “Memorandum of Understanding� with the President of the ZNMP. Introduction of non-native plants Tamarisk trees, planted in 2006 by the Park Management, are still in place despite concerns expressed in NGO reports in 2006. It is a non-native species that has been proven to damage the nests (with spreading roots). Recommendation No. 6 from the 6th Standing Committee Meeting to the Bern Convention (1987) emphasized that Tamarisk trees should undergo a broad-scale removal from East Laganas and Kalamaki nesting beaches and had been de-rooted by the local administration in 1989.

2.4 Gerakas (zone Î 2: Nature Protection Site, maritime zone A) Beach Size: 500m The Presidential Decree states that a maximum of 60 umbrellas, 120 sun beds and 350 visitors are permitted on the beach at any one time.

Management of Gerakas is considered a success compared to other nesting beaches and there has been great improvement relative to previous years. However, the visitor numbers prescribed by the Presidential Decree were occasionally exceeded by double or even triple.

The ticketing scheme was once again utilised. Nonetheless our volunteers stated that the scheme was not in place throughout the whole of the summer. Although the maximum number of visitors at any time should be 350, the number of visitors was almost always higher than the allowed limit and on some days of August, as many as 600 visitors were present on the beach. On the 7th of August 2008, there were 540 people on the beach of Gerakas at 14:00 pm, even though the ticketing scheme was in place. It is clear that a more concrete approach to controlling the number of visitors has to be employed.

It must be noted that the two or three-hour limit (determined according to the number of visitors on the beach) was respected by most visitors, but it is highly recommended that all-day beach furniture hire should be changed according to the above scheme.

It is also worth noting that although the Presidential Decree allows two sun beds for every umbrella, photographs taken by our volunteers depict three or even more sun beds per umbrella. These extra beds were mostly stacked and therefore were not an obvious site at first glance. Careful analysis of the photographs however revealed this breach in management conduct (See Photo 7).

Access to the clay from the rock face of the cliff above the shore was cordoned off, to keep people away and warning signs in two languages were erected by the ZNMP during the 2007 nesting season. During the 2008 nesting season the cordon limiting access to the cliff was not present and visitors were extracting it on a daily basis for its therapeutic properties, thus contributing to the erosion of the cliff.

The retention of the natural dune and vegetation succession makes the problems of lights, people and development less severe than the other Laganas Bay nesting

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ZAKYNTHOS NATIONAL MARINE PARK, GREECE: 2008 UPDATE REPORT beaches. Nevertheless, Gerakas witnessed a decrease in the number of nests this year (ARCHELON). According to the President of the Park this can be attributed to the changing coastal zone environment in Gerakas.

2.5 Marathonisi islet (Zone A2: Nature Protection Site, maritime zone B) Beach size : 150m At Marathonisi islet, situated in Laganas Bay, monitoring and success of conservation measures that have been put in place are compromised by the number of tourists visiting in private or commercial boats that drop anchor in front of the nesting beach or drag boats onto it (See photo 8, 9 & 10). Damage has therefore been induced to sensitive posidonia beds surrounding the islet2. According to WWF the nesting beach produces only male hatchlings, which has important implications regarding Climate Change and sea turtle conservation. There have been efforts to regulate and control access to the islet by the ZNMP and the Prot authorities.

However, unregulated visitation continues on Marathonisi, with only one guard trying to control numerous visitors and boat traffic.

The Park President publicly announced in 2007 the intention to develop a wooden wharf on Marathonisi to prevent anchor damage and control access. This is a positive initiative which should be assessed to determine whether it would result in any beach erosion.

Reports from our volunteers claim that rats on Marathonisi islet are predating on the nests, a situation that has not changed since the 2007 nesting season. This should be immediately investigated by the Park Management as predators can be very harmful on this relatively small but significant islet. Best practice solutions could be taken from the Marine Park of Cabrera in Spain.

The owners of Zante Marathonisi SA, won the appeal they launched in 2003 to the European Court of Human Rights against the Greek State (case 14216/03), claiming a 20-million euro compensation, for not being allowed to develop the islet for tourism as a result of the Presidential Decree. In December 2007 the Court held unanimously that there had been a violation of Article 1 of Protocol No. 1 (protection of property), when the Greek State imposed restrictive measures on the construction of the islet, as it negates property rights previously obtained. The Ministry of Environment failed to file an appeal against the judgement until the closing date on the 2nd of June 2008 and the ruling therefore became final.

3. The Sea Vessel collision contributes to the mortality and maiming of sea turtles. Greater vessel speed increases the probability that turtles would fail to flee from the approaching vessel. The 6-knot speed limit in Laganas Bay Zone B and C is regularly breached by private and commercial boats, despite increased surveillance by the Port Police patrol boat. The concentration of sea turtles resting, mating and feeding in the Bay mean that the speed limit must be strictly adhered to. The addition of a new boat to the ZNMP in 2007 ensured that such violations were more effectively controlled but the problems still prevail.

2

Dr G. Papathodorou, University of Patra, 2008

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ZAKYNTHOS NATIONAL MARINE PARK, GREECE: 2008 UPDATE REPORT

As mentioned in section 2.2, during the 2008 nesting season, boats illegally entered the area of Sekania beach which belongs to the Protected Maritime Zone A, since the buoys that delineate the area were not in place before mid August.

A significant problems arising at sea is the ongoing violation of National Marine Park’s Code of Conduct for commercial ‘Sea Turtle Spotting Boats’. For one more season several boats surrounding a turtle was a frequent sight. Sea turtles come up to the surface for air and are intimidated by all the sea traffic. There have been concerns by MEDASSET volunteers that sea turtles are not coming up for air as frequently as they should, being intimidated by the turtle spotting boats. It would be interesting to study the impact on breathing of turtles in the presence of such stress.

Untreated sewage of boats and the illegal buildings at Daphne beach and Kalamaki that are not connected to the public sewage system greatly deteriorates sea water quality. Furthermore, the sea of the Sekania nesting beach is currently been contaminated by the XYTA during the winter. Until it is relocated, the effect that the XYTA has on water quality has to be quantified and mitigated. Emergency responses will have to be designed and properly communicated to involved stakeholders and relevant authorities.

The President of the Association of Amateur Fishing of Zakynthos has brought to light through a complaint, incidents regarding fishing vessels employing dredging methods in Laganas Bay, which are forbidden by the Presidential Decree (local press, 14th of December 2007). Moreover, illegal amateur fishing occurred during the summer of 2008 which is also prohibited. Fines that have been imposed by the Port Police have been as high as 3000 Euros.

4. Legislation Breaches European Commission Legislation The National Marine Park of Zakynthos belongs to the EU Natura 2000 Network and as of July, 2006 has been recognized as a Site of Community Importance (SCI) for the Mediterranean bio-geographical region (2006/613/EC, Annex 1, GR2210002).

On designation of a SCI, the Article 6(3) of the Habitats’ Directive (92/43/EEC) becomes immediately applicable: “Any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect there on, either individually or in combination with other plans or projects, shall be subject to appropriate assessment of its implications for the site in view of the site's conservation objectives…”

The EC Environment DG closed the Zakynthos European Court of Justice (ECJ) Case C-103/00 despite lack of long-term evidence of a system of strict protection for the nesting beaches in Laganas Bay and despite continued complaints by the NGOs on the level of illegality and mismanagement (27/6/07). The Case was closed after the adoption of the Presidential Decree by the Greek State and the establishment of the ZNMP. However, it is obvious that in 2008 there are several shortcomings regarding the implementation of the provisions of the Presidential Decree and therefore of the Habitat Directive.

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ZAKYNTHOS NATIONAL MARINE PARK, GREECE: 2008 UPDATE REPORT The presence of the Zakynthos Waste Disposal Area above Sekania beach, the most important nesting beach of the area, endangers water quality and attracts seagulls, thus increasing opportunistic predation on hatchlings. This in our view is contrary to the Habitat Directive, (Article 12.1(d)), which requires the establishment of a system of strict protection and prohibits the deterioration of breeding sites, the Article upon which the Court judgement refers to.

It is also apparent that several provisions of the ECJ judgement upon which the Greek State was convicted for not fulfilling its obligations under the Habitat Directive, are still not respected: a. Provisions No. 28 of ECJ judgment states “…the [Greek] Council of state recommended the prohibition not only of the opening of new access routes to those beaches but also of the creation of infrastructure…” The opening of the two 100-car parking areas, the construction of a new access road in 2007 and the widening of existing ones in 2008, as well as the filling up of a stream with soil in Daphne clearly demonstrates that the Greek State is not taking the necessary steps to adhere to its commitments. c. Provision 36 states: “…the use of mopeds on the sand beach to the east of Laganas and the presence of pedalos and small boats in the sea area around Gerakas and Daphne constitute the deliberate disturbance of the species in question during its breeding period for the purposes of Article 12(1)(b) of the Directive.” Also, provision 34 states: “... It is also established that the presence of small boats near the breeding beaches constitutes a source of danger to the life and physical well-being of the turtles…” Both Provisions have been continually violated during 2008. b. Provision 11 states “…the Greek authorities also announced a series of measures such as, in particular, the demolition of all illegal buildings on the beaches..” while provision 38 states: “…there is no doubt that the presence of buildings on a nesting beach such as Daphne is liable to lead to the deterioration or destruction of the breeding site…” Buildings on the 300 meter-long and 20-30m wide stretch of this nesting area still remain.

Greek National Legislation The immediate demolition order of all illegal buildings in Daphne by the Supreme Court was confirmed by the Greek General Inspectors of Public Administration in 2005. The continued failure to demolish the illegal buildings, establish a legal status or a compensation scheme, is indicative of the Greek Government’s poor position on illegal buildings and the natural environment.

The provisions of Articles 4, 6 and 8 of the Presidential Decree (1999) which restrict marine activities in the Bay of Laganas and forbid activities such as fishing, the use of any kind of engine driven vehicles on beaches, the opening of new roads, the construction of new buildings and define the permitted beach furniture and the imposition of fines and sanctions on offenders, are clearly not respected.

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ZAKYNTHOS NATIONAL MARINE PARK, GREECE: 2008 UPDATE REPORT

5. Conclusions The 2008 nesting season has witnessed several improvements with regard to management and protection of the nesting beaches. Most issues that prevail are not new and represent a general need for change in attitude, vision and routine by the Park and other involved authorities. Transparency, stakeholder engagement, communication, empowerment, roles and responsibilities of staff and guards, conflicting interests between sub-groups in the community are all issues that have to be addressed in order for any substantial change to occur. The importance in identifying barriers to change so that progress can be achieved can not be stipulated enough.

It has become increasingly apparent that the ZNMP Park Management continues to lack a long-term vision and subsequent long–term integrated management plans.

This lack in vision fails to distil confidence in NGO’s that have been campaigning for the effective protection of the Laganas Bay for the last 25 years.

It is a frequent occurrence that Management decisions are taken by the Park without consulting the WWF Greece and ARCHELON; the two NGO’s that collaborate with the Park and are alternatively represented at the Management Board. It is also worth noting that on many occasions NGOs would be informed on new decisions concerning the Park via Press releases and only after the decisions had been made.

Stakeholder engagement meetings during frequent intervals can bridge the gap in communication whilst allowing involved stakeholders to discuss involvement and strategic partnerships. Management decisions should therefore be based on feedback from such formalised processes and this in turn may resolve many conflicts between the sub-groups of the community in Zakynthos.

In Daphne ‘piece meal’ developments have resulted in the formation of a small village. Untreated sewage or otherwise ‘inert’ waste originating from the illegal restaurants and accommodation establishments threaten the marine life and the natural environment. The poorly regulated visitor numbers and the road developments are all indications that the “little village” is growing and becoming easier to access. How such dramatic developments prevail in such an important “restricted” nesting ground, is a question that many avoid. There is need for proper regulation and it is now evident that this requires a proactive approach with a focus on capacity building.

Guards must be trained to a code of conduct and educated as to what needs reporting and controlling. This has to be done integrating all aspects of management required for an area of such importance. The guards are the only daily link between visitors, the local developments and the Park and must be empowered with the right and relevant knowledge so that illegalities are reported timely and responsibly.

In summer 2008, the Port Authority reported 32 stranded sea turtles, of which 24 were dead and 8 were wounded. Speeding boats, collisions and fishing are frequently the cause. The number of stranded sea turtles has been the highest ever recorded, creating much concern about the need for stricter regulation and monitoring of sea activities. On several occasions speeding boats were witnessed in the protected Marine Zone of the Laganas Bay. Sekania was not guarded this year. This is a territorial issue between WWF Greece and the Park. WWF Greece has purchased the land behind the beach but the actual

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ZAKYNTHOS NATIONAL MARINE PARK, GREECE: 2008 UPDATE REPORT beach is under the jurisdiction of the Park Management. This is an unacceptable situation and must be resolved by the Park as a matter of urgency. Sea gulls above Sekania, due to the Waste Disposal Site constitute a threat to the survival rate of hatchlings and as many as 200 gulls were witnessed predating on hatchlings on several occasions during the hatching season.

Future Management Continued failure to meet even the very basic level of adherence to existing legislation should not be allowed to pass unnoticed. Compensation schemes to locals must be reassessed by Authorities to find long-term sustainable solutions. This is concurrent with the ECJ Ruling and not solely the Member State’s responsibility. In our opinion, it is the role of both the EC and the Greek Ministry of Environment to reaffirm its commitment to establishing a system of strict protection to ensure this significant habitat is not degraded further.

New developments should in no way be permitted, as it is this gradual development that has transformed the coastline of Greece. Frequent education and deliberation with all stakeholders is deemed necessary in light of the need to change societal perceptions and subsequent actions.

It seems that a huge barrier to change lies within the fact that sub-groups of society (fishermen, hotel owners, conservationists) express different needs and social perceptions with regard to conservation. A possible way to work towards eliminating this barrier could entail sociological research with regard to attitudes and beliefs of the various sub-groups. Capacity building can then be realised according to those attitudes and beliefs and some work towards transforming this barrier into an opportunity could be frameworked around the results of such a study. It remains that most of the problems expressed by conservationists around the globe lie within the local socio-economic context. An integrated approach is therefore necessary in which sustainable solutions that account for all barriers to change are taken into account.

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ZAKYNTHOS NATIONAL MARINE PARK, GREECE: 2008 UPDATE REPORT

6. Recommendations 1.) Daphne nesting beach a. Immediate demolition of all illegal buildings and constructions on the nesting beach of Daphne and removal of any concrete or remaining obstructions on the beach. b. Commence compensation and acquisition measures for Daphne illegal buildings. c. Immediate removal of introduced, non-native plants, e.g. Tamarisk Trees d. Removal of newly erected umbrellas and sun beds.

2.) Guarding and protection of the nesting beaches a. Complete 24-hour guarding of the nesting beaches, including Sekania, throughout the nesting and hatching season, ensuring all accesses to East Laganas are properly guarded. b. Strict adherence to beach furniture limits and removal of illegal beach furniture from the flattened and destroyed sand dunes. c. Regulation of the number of tourists on the nesting beaches especially at Daphne and Gerakas, as high tourist numbers encroach on nesting areas. d. Education of guards on conservation strategies. Guards should receive proper training on procedures and roles and responsibilities should be determined regarding these issues. Developments that have prevailed in Daphne could have possibly been avoided if guards had the responsibility and the training to report illegal or suspicious actions. e. Utilising the ticketing scheme throughout the season and enforcing a maximum of three hour sun–bed rental as opposed to an all day rental.

3.) Enforcement of Marine Regulations a. Strict enforcement of Marine Regulations, especially with Turtle spotting, pedal and glass-bottom boats to avoid the disturbance of resting, basking or mating turtles in Laganas Bay. b. Strict enforcement of boat speed limits, prohibition of anchoring in Zone B, regulated visitation and mooring on Marathonisi islet and prohibition of all boats entering Zone A. c. Ensure that buoys are in place as required by the Presidential Decree in the Maritime Zone in front of Sekania.

4.) Relocation of the Waste Disposal Area outside ZNMP boundaries a. Immediate relocation of the malfunctioning Waste Disposal Area outside the boundaries of the ZNMP to prevent further pollution and sea gull concentration, impacting on water quality and hatchling success. b. Adherence to operational provisions of Landfills stipulated in the 99/31/EC Directive, in the meantime.

5.) Development of a long-term Integrated Management Plan a. All new plans or projects connected to the Park’s Management that could have a significant impact on conservation objectives should undergo appropriate assessment e.g. environmental impact assessments (EIAs), Sustainability Impact Assessment (SIA).

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ZAKYNTHOS NATIONAL MARINE PARK, GREECE: 2008 UPDATE REPORT b. Development of a long-term Integrated Management Plan with guidelines and recommendations to establish a comprehensive, sustainable and appropriate approach to management, encouraging the participation of all stakeholders in the implementation of future environmental management plans. c. Concretisation of plans and effective implementation to ensure the establishment of an effective and long term system for strict protection of the nesting area. d. Appropriate provisions in the EIA and Integrated Management Plan should be created to mitigate noise and light pollution. e. Stakeholder analysis and engagement program f. Continued improvement achieved by recurrently assessing performance and taking corrective actions. Learning to acknowledge and anticipate opportunities and threats. g. Training and involvement of guards 5.1.) Re-establishment of the Site’s Conservation Objectives in Relation to the Integrated Management Plan Under the principles of Integrated Coastal Zone Management, the guidelines of a Integrated Management Plan and EIA should be taken into account before any Management actions are taken including: a. Rehabilitation of the sand dunes and surrounding biotope in the ZNMP. b. Establishment of a compensation scheme for all affected landowners in the ZNMP. 6.) Continual Evaluation and Monitoring of the Integrated Management Plan a. Continuous monitoring of activities and evaluation of progress in a transparent manner to ensure that the Management Agency is accountable and dynamic in approaches made to Protected Area conservation. b. Develop indicators (eg. EU Sustainability Indicators) to quantify results and serve as an internal monitoring tool to prevent diversion from conservation objectives. c. Develop environmental performance criteria, objective and targets for the National Marine Park independent of political agendas and powerful vested interests. d. Provide a strategic framework for the implementation and reporting of environmental programs at government and local levels. e. Establish strict procedures for internal and external evaluation to prevent ‘shortcuts’ being taken and breaches of National and EU legislations. f. Continual evaluation of the effectiveness and ramifications of Management Plans in dealing with the cumulative, direct and indirect environmental impacts on Laganas Bay’s sea turtles, nesting beaches and wider biotope of the ZNMP eg. Large-scale effects of tourism 7.) Park Management and cooperation with other authorities a. Urgent need for transparent procedures. Any interested party should have access to these procedures and to information on decision-making so that cooperative dialogue is enforced between all interested parties. Defined communication channels and procedures required for the decision process. c. Stakeholder engagement and education. There is a need to widen public consultation and strengthen public participation during the selection of management options.

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ZAKYNTHOS NATIONAL MARINE PARK, GREECE: 2008 UPDATE REPORT

7. T-PVS List ENVIRONMENTAL SITUATION AND TECHNICAL REPORTS PRESENTED BY MEDASSET TO THE EC DG XI AND STANDING COMMITTEE TO THE CONVENTION ON THE CONSERVATION OF EUROPEAN WILDLIFE AND NATURAL HABITATS (BERN CONVENTION) AT THE COUNCIL OF EUROPE, PUBLISHED UNDER T-PVS REFERENCE: ZAKYNTHOS (GREECE) Updated reports prepared from 1984 and published as T-PVS since 1993: T-PVS (93) 32: L. Venizelos, MEDASSET: Marine Turtle Conservation in Zakynthos, Laganas Bay, Greece, 5 July-16 August 1993, 10 pages.

T-PVS (95) 63: MEDASSET (L.Venizelos): Specific Sites, Caretta caretta, in Laganas Bay, Zakynthos (Greece), 3 pages. (Follow-up report and recommendations).

T-PVS (96) 86: MEDASSET (L.Venizelos): Caretta caretta in Laganas Bay, Zakynthos (Greece), 5 pages. (Follow-up report and recommendations).

T-PVS (97) 46: L. Venizelos, MEDASSET Marine Turtle Conservation in Zakynthos (Laganas Bay), Greece, 5 pages. (Follow-up report and recommendations).

T-PVS (98) 48: MEDASSET: Specific Sites, Marine Turtle Conservation in Zakynthos Laganas Bay, Greece, 10 pages. (Update report and recommendations).

T-PVS (99) 70: MEDASSET: Specific Site, Caretta caretta in Zakynthos (Laganas Bay, Greece), pp. 2-14. (Update report and recommendations).

T-PVS (2000) 58: MEDASSET: Caretta caretta in Zakynthos (Greece), 8 pages. (Update report and recommendations).

T-PVS (2001) 71: MEDASSET: Update Report on Marine Turtle Conservation in Zakynthos (Laganas Bay) Greece, 19 pages.

T-PVS/Files (2002) 15: MEDASSET: Update Report on Marine Turtle Conservation in Zakynthos, Laganas Bay (Greece), 21 pages.

T-PVS/Files (2003) 13: MEDASSET. Update Report on Marine Turtle Conservation in Zakynthos (Laganas Bay), Greece. 19 pages T-PVS/Files (2004) 10: MEDASSET. Update Report on Marine Turtle Conservation in Zakynthos (Laganas Bay), Greece. 22 pages Document for information (2005): MEDASSET. Update report on Marine Turtle Conservation in Zakynthos (Laganas Bay), Greece. 29 pages Document for information (2006): Venizelos, L., Kouroutos, V. and Robinson, P.. Update report on Marine Turtle Conservation in Zakynthos (Laganas Bay), Greece. 54 pages.

Document for information (2007): Venizelos, L., Robinson, P. and Kyriacopoulou N..

Update report on Marine Turtle Conservation in Zakynthos (Laganas Bay), Greece. 24 pages.

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ZAKYNTHOS NATIONAL MARINE PARK, GREECE: 2008 UPDATE REPORT

8. Photographs PHOTO 1.

Kalamaki Beach The barriers (poles) erected by the Park near the stream and sand dunes in 2007

PHOTO 2.

Sekania Beach Buoys marking the Maritime zone were not in place during the 2008 nesting season. In this photograph a speed boat is entering protected area.

PHOTO 3.

Sekania Beach Over 200 gulls were observed feeding on the beach on numerous occasions during the nesting season

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ZAKYNTHOS NATIONAL MARINE PARK, GREECE: 2008 UPDATE REPORT PHOTO 4.

Daphne Beach Tarmac on two roads.

Extra umbrellas are clearly visible.

PHOTO 5.

Daphne Beach Expansion of roads

PHOTO 6. Daphne Beach 2007 – 2008 comparison : It is clear that more umbrellas have been added to the beach

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ZAKYNTHOS NATIONAL MARINE PARK, GREECE: 2008 UPDATE REPORT

PHOTO 7.

Gerakas Beach This photo shows that there are more than two sun beds to every umbrella

PHOTO 8.

Marathonisi Beach Tourists visiting in private or commercial boats compromise the success of conservation measures.

PHOTO 9.

Marathonisi Beach Private boats dragged onto the beach

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ZAKYNTHOS NATIONAL MARINE PARK, GREECE: 2008 UPDATE REPORT PHOTO 10.

Marathonisi Beach Boats anchoring on the nesting beach.

The ropes extending from the boats to the beach where the boats are anchoring are clearly visible.

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ZAKYNTHOS NATIONAL MARINE PARK, GREECE: 2008 UPDATE REPORT Photo 11: DAPHNE comparison 1988 – 2008: “The little Village”

Daphne 2007

Daphne 2008

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