2007 Update Report on marine turtle conservation in Zakynthos

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 2007 Submitted to: The European Commission and to The 27th 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 Agency of the National Marine Park of Zakynthos Prepared by Prue Robinson, Nita Kyriacopoulou, Lily Venizelos MEDASSET-The Mediterranean Association to Save the Sea Turtles November 2007

Table of Contents 1.

Introduction ………………………………………………………………………………….. 2 1.1 Aims and Objectives of this Report………………………………………………….. 2 .

1.2 Overview of the situation in Zakynthos: 2006 to now………………………………. 3

2.

The Nesting Beaches…………………………………………………………………………7 2.1 East Laganas and Kalamaki 2007 …………………………………………………… 7 2.2 Sekania 2007 …………………………………………………………………………… 8 2.3 Daphne 2007 …………………………………………………………………………… 9 2.4 Gerakas 2007 …………………………………………………………………………… 12 2.5 Marathonisi islet 2007 ……………………………………………………………….... 13

3.

The Sea ……………………………………………………………………………………… 14

4.

Legislation Breaches ………………………………………………………………………. 15

5.

Conclusions …………………………………………………………………………………. 16

6.

Recommendations …………………………………………………………………………. 17

7.

T-PVS List …………………………………………………………………………………… 19

8.

Photographs ………………………………………………………………………………… 20

9.

Annex ……………………………………………………………………………………....... 24

ZAKYNTHOS NATIONAL MARINE PARK, GREECE: 2007 UPDATE REPORT

1. Introduction Zakynthos National Marine Park 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 Case1 (C-103/00, ECR 2002:1147) on June 27th of this year; this annual report aims to: •

Independently assess the conservation status of each of the nesting beaches and in the 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 pressure 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: ZNMP Map: The nesting beaches in Laganas Bay, Zakynthos consist of six discrete nesting beaches (East Laganas, Kalamaki, Sekania (the area surrounding owned

by WWF Greece), Daphne, Geraka and Marathonissi islet) and is the most important loggerhead nesting area in the Mediterranean, 1

“by failing to take, within the prescribed time-limit, the requisite measures to establish and implement an effective system of strict protection for the sea turtle Caretta caretta on Zakynthos so as to avoid any disturbance of the species during its breeding period and any activity which might bring about deterioration or destruction of its breeding sites, the Hellenic Republic has failed to fulfil its obligations under Article 12(1)(b) and (d) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora.”

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ZAKYNTHOS NATIONAL MARINE PARK, GREECE: 2007 UPDATE REPORT

1.2 Overview of the situation in Zakynthos: 2006 to now With sea turtle’s particular physiology of nesting only on beaches which they were incubated and hatched, makes the protection of nesting beaches a priority. Poorly planned and intensively constructed facilities catering to the increasing tourist trade in the 1980s have created major problems in managing the nesting beaches in Laganas Bay. Environmental organisations (NGOs) have played a key role in regulating the situation and in the constitution of the National Marine Park of Zakynthos (ZNMP): ARCHELON carries out summer international volunteer programme monitoring the nesting beaches and scientific assessment; WWF Greece has acquired the land behind Sekania to prevent development of the highest density beach and representation of the ZNMP Board of Management interchangeably with ARCHELON; while MEDASSET produces annual assessments and reports on the situation on the nesting beaches and Management and undertakes continuous lobbying of the Greek Ministry of Environment, Bern Convention, EC and European Ombudsman. However, unlike the other involved NGOs, the role of MEDASSET is an independent ‘watch-dog’ to ensure “mild” development on significant nesting beaches do not go unnoticed The 'Strictly Protected' nesting beach of Daphne in the ZNMP was developed further during the 2006 nesting season, contrary to National legislation and the ECJ 2002 Ruling. The President of the ZNMP, appointed by the Minister of Environment, Physical Planning and Public Works2, faced with continued and entrenched resistance by local illegal building owners instigated a ‘cooperative agreement’ under a ‘Pilot Management Plan of Daphne’ (Karagouni, 2006).

Under this Plan there has been a restoration of 15-30m of the nesting section of this beach and restricted day-time functioning of illegal bars and tavernas but also new illegal development. This includes building construction, two new roads opened, removal of trees and bushes, unmanaged sewage disposal, noise emissions from power generators and sand-mining of the nesting beach for construction purposes; followed by the construction of 2 new 100 car parking areas in 2007. The Greek Minister of Environment (MoE) visited Daphne nesting beach on World Environment Day June 5th 2006, declared the success of the Park President management initiatives but also declaring that the illegal buildings must be demolished. This ‘double-message’ from the MoE further confused the legal status of the illegal buildings and what the position the State wishes to take.

After the NGOs lodged official complaints regarding the illegality of this ‘Management Plan’; the Zakynthos made two arrests and the Zakynthos Department of Urban Planning imposed fines ranging from €270,000 to €670,000. Initially this fuelled conflict3 and protest especially after the MoE asserted that the fines must be paid, but due to the political nature of the decision has now been ‘shelved’.

2

A main stumbling block is that responsibility for the environment is vested in the very same ministry that has responsibility for public works. Greece is, in fact, the only country in the EU where such an arrangement exists (Aperghis and Gaethlich, 2006: 382).

3

The locals lodged a legal case against the ZNMP President in October 2006, actively blocked all access to Daphne beach, destroyed the ZNMP’s signage, guard post and vehicle bar and protested to international attendees of the MEDPAN Workshop held in Zakynthos in March 2007. Appealing to the Minister of Environment, the Minister confirmed that the fines must be paid. However, like the attitude to environmental legislation, this has been shelved and unlikely to be enforced soon- once again showing that illegal land owners have sway over legal procedures.

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ZAKYNTHOS NATIONAL MARINE PARK, GREECE: 2007 UPDATE REPORT

Following the 2006 nesting season, the EC declared that the Park was “progressively managed” and have closed the case at the ECJ. The 2007 decision by the EC to not take Greece back to the ECJ to impose a severe fine (€50,000/day backdated to 2002) but instead commence procedures to close the case was in spite of numerous complaints lodged by NGOs during and after the 2006 nesting season. The threat of re-opening the Case remains leverage to use against Greece should mismanagement occur.

The ‘Pilot Management Plan of Daphne’ did not go through any of the basic Environmental Impact Assessment (EIA) procedures. Ecological degradation is often subtle, long-term and cumulative, so it may have been seen as a less serious problem with the EC’s decision to close the Zakynthos Case. The relative lack of concern can easily be reflected from the environmental policy and legislation of Greece and failure to implement legislation as well as fines imposed by the State.

In 2007, the total number of recorded nests was below the 23-year average (19842006) of 1251, according to ARCHELON’s assessments. Although this may be a result of inter-annual fluctuations, concern for the sustainability of the nesting beaches and their management must be assessed further.

Figure 2: Annotated photograph of illegalities undertaken by the Park Management in 2006 on the nesting beach of Daphne

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ZAKYNTHOS NATIONAL MARINE PARK, GREECE: 2007 UPDATE REPORT

TIMELINE OF ZAKYNTHOS •

1994 1997

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1998 •

1999

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2002

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2003

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• •

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.

NGO’s MEDASSET and EuroNature delivered a 17,000 international 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.

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ZAKYNTHOS NATIONAL MARINE PARK, GREECE: 2007 UPDATE REPORT

• • • •

•

2006

• • • • •

• •

2007

• • •

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 Agency 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 Agency 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 in Brussels. Reports to media after that she has successfully convinced the EC to close the ECJ Case and avoid fine.

EC DG Environment sent NGOs letter that they intend to close the ECJ Case and have commenced procedures accordingly.

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

ZNMP President instigates the construction of 2 new car parks (100 cars each) in Daphne, opens up further access routes and blocking a natural water course. 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.

Figure 3: TIMELINE-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. The above timeline outlines the dealings with Laganas Bay since 1994.

Figure 4: Map of East Laganas and Kalamaki

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ZAKYNTHOS NATIONAL MARINE PARK, GREECE: 2007 UPDATE REPORT

2. The Nesting Beaches During the 2007 nesting season (May-October) compliance with regulations set out in the Presidential Decree (constituting the ZNMP) and EC legislation was monitored by MEDASSET volunteers. The effectiveness of guarding on each nesting beach was determined by visits at various times and dates and analysing articles from all Zakynthos local press. The results of which are discussed below.

2.1 East Laganas and Kalamaki East Laganas and Kalamaki nesting beaches, due to their proximity to the main tourist strip in Laganas, are relatively tourism intensive with problems on excessive beach furniture, umbrellas and pedal boats a major problem up until 2006. Largely due to the Park Management’s monitoring, the number of umbrellas (120) and sunbeds (240) were in compliance with the Presidential Decree as well as being stacked at night and the placement during the day, a few metres from the sea, was respected.

However, an additional 104 umbrellas illegally erected and 160 sun beds were again observed on the flattened dunes at the back of Kalamaki nesting beach, a cause of severe erosion.

Newly erected signs and barriers preventing vehicle and motor bike access were installed by the Park at illegal beach entrances. There are five entrances to Kalamaki and East Laganas nesting beaches; four had Warden Stations while the fifth was completely unguarded. One entrance 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 reported encouraging tourists to walk to Laganas via the nesting beach.

Stable sand dunes play an important part in protecting the coastline4. 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. Restoring degraded biotop allows efficient ecological functioning to be sustained throughout the National Marine Park.

4

Sand dunes 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. Furthermore they are essential to maintain the beach for successful nesting.

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ZAKYNTHOS NATIONAL MARINE PARK, GREECE: 2007 UPDATE REPORT

2.2 Sekania Sekania, the nesting beach of ‘Absolute Protection’ is only 600 m long but has the largest known nesting density of Loggerhead in the world (the land behind the beach is owned by WWF Greece). Sekania is no doubt a haven for sea gulls looking to predate on emerging hatchlings (see photos 3 & 4). With the Zakynthos Waste Disposal Area (‘XYTA’) on the hill above it is evident that sea gulls descend from the unloading rubbish trucks to the nesting beaches to feed.

Under Greek law the XYTA is not permitted within Protected Areas. The most appropriate action to take in such an area of ecological importance would be the relocate the ‘XYTA’, as instances of marine pollution within the Bay have been noted in addition to the prosecution and fining of the Management Agency of the Disposal Area in 2005 for negligence5. The problematic nature of seagull predation in Sekania is that even if the ‘XYTA’ was to be removed, the seagulls will still persist on the beaches. Proposed research by the Park Management in collaboration with ARCHELON and WWF Greece, aims to raise some solutions to this serious problem.

However until solutions to this serious issue that potentially breaches the Habitat Directive of establishing a system of strict protection; the Park Management should secure guarding of the beach for the full day rather leaving this significant beach unguarded from the early afternoon onwards. Visitors were witnessed accessing the beach in the late afternoon, contrary to the Presidential Decree.

The Park President has asserted in the media and within correspondence that there is minimal to nil predation on hatchlings by sea gulls, this is not a plausible argument as it is impossible to measure this accurately with hatchlings taken from both the beach and in the sea (photos and video available). On several occasions large numbers of sea gulls were seen in the late afternoon on Sekania beach (200 gulls on 4/9/2007 and 50 gulls on 7/9/2007). This ‘army’ of seagulls will no doubt swarm any emerging hatchlings and is in direct contradiction to the conservation requirements of this world important nesting beach.

5

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: 2007 UPDATE REPORT

2.3 Daphne Daphne nesting beach of ‘Strict Protection’ is 800m in length and 20 to 30m in width and is considered to be the second most important nesting beach in Laganas Bay after Sekania.

Background to Daphne Daphne nesting beach is renowned for the Management’s problematic relationship with the local illegal building owners who have resisted conservation measures long before the Park was constituted. The illegal status of the residents on Daphne is grounds for NGOs to see their prerogative as illegitimate and that ‘just shouldn’t be there’. The legal status of the buildings has been determined to be against National environmental and urban planning legislation, hence the imposition of major fines by local authorities. However as noted by the General Inspectors of Public Administration, court procedures and lengthy appeal time and bureaucratic delays could take decades to resolve (GEDD, 2006). This continued unrest would have a negative affect on Management and sea turtle conservation, as the locals are not shy of using violence and blatant development (walls constructed on the beach to prevent sea turtles nesting, assaulting scientists and sea turtle volunteers etc.).

Pragmatic management to collaborate with such problematic stakeholders and reestablish workable dialogue is desirable as only with local cooperation can the Park fulfil its role. However construction to appease the illegal building owners under the guise of “Sustainable Development” and annual compromises of the ecological integrity of the Park is an unacceptable arrangement to be made by an Agency of the Government. Witnessing this again in 2007 with the construction of two car parks without any wider consultation or EIA is not sustainable management.

Illegal buildings Four Tavernas continue to operate illegally in Daphne: ‘Porto Mello’, ‘Bel Mare’, ‘Taverna Dafni’ and ‘Antonis; in spite of large fines imposed by the Zakynthos Department of Urban Planning (October 4th 2006) ranging from €270,000 to €670,000.

The illegal buildings in Daphne are being rented with rooms for €120/night to tourists and rooms at Antonis Taverna rented to ‘ZNMP fieldwork observers’. The use of illegal buildings to house the Management Agency’s volunteers is certainly appears to be a conflict of interest.

Development of new car parking areas and road access The construction of two new car-parks in Daphne replaced the shuttle service that was established by the Park Management in 2006. The first car park was laid in mid June on land above the nesting beach (see photo 7) and August 18th 2007 a second construction was undertaken in the valley directly behind the beach (see photo 10).

No external Environmental Impact Assessment (EIA) was undertaken before commencing the construction.

The opening of a new road to Daphne (2nd road from Vassilikos main road) and the abovementioned car-park development were justified as a means to re-establish cooperation with the local illegal building owners; this reasonably could be considered akin to bribery.

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ZAKYNTHOS NATIONAL MARINE PARK, GREECE: 2007 UPDATE REPORT

Albeit the ZNMP Park President affirms that the newly-laid ‘car parks’ in Daphne lie on the border of the ‘NATURA 2000’ area, it is still apart of the National Park protected area. This action by the Park Management directly breaches the European Court of Justice ruling (Provision No. 28) that directly prohibits the creation of infrastructure such as parking areas and the opening of new roads. What could Daphne nesting beach of 800 meter length and a Presidential Decree that only permits 100 people at one time, require of two 100-car parking areas? Especially laid on what was a stream and fresh water source, which flows during the winter months.

An external EIA was not undertaken in the National Park to assess any unforeseen impacts of laying bitumen over a natural water course. Though these piecemeal developments may appear benign it is the slow transformation of a natural area into an increasingly dense “small village” that leads to the threshold of deterioration to be surpassed, leading to the collapse of the delicate balance of this fragile biotope.

A Daphne land-owner is suing the ZNMP Agency for the construction of the parking area over a natural water course, spilling tar in the area, transforming another gorge into a road and destroying a stream.

Guarding The guarding of Daphne was more than sufficient with many guards present at one time on the beach. This positive move by the Management shows that guarding is seen as important to ensure that visitor management, as people enter without the pilot-ticketing scheme in place (see 2.4). However no regulations of the number of visitors were enforced, making popular times in great excess of the Presidential Decree. However guarding on Daphne should not be excessive at the expense of full-day guarding of Sekania and manning of the warden kiosks in East Laganas between Kalamaki Beach Taverna and Stani Taverna.

Sand dunes As mentioned in section 2.2, sand dunes are an important component of beach ecology and an issue that continues to be overlooked by the Park Management.

Recreational beach furniture, completely banned in Daphne by order of the Presidential Decree, covered the beaches’ flattened sand dunes with over 125 umbrellas and 340 sun beds. Unless strict adherence to legal regulations is maintained by the Park, a continued lax approach to the law will be perpetuated in this area.

Non-native species As emphasized in the three separate NGO reports in 2006, the Tamarisk trees a nonnative species that has been proven to do damage to the nests (spreading root systems) have been planted by the Park Management. This should be removed immediately to prevent any nest damage in the next nesting season.

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 was de-rooted by the local administration in 1989.

Security of the nesting beach Vandalism of the property of the ZNMP continued to be a problem in 2007 with the destruction of the guard-post occurring for third time since July 2006. Subsequent to its destruction by an unknown person it has not been replaced and access to Daphne was not regulated. Local newspapers reported that a Daphne inhabitant created an

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ZAKYNTHOS NATIONAL MARINE PARK, GREECE: 2007 UPDATE REPORT

incident in the parking area above the beach by breaking a chain that prohibits cars from accessing the beach and physically assaulting a guard and as verbally assaulting the Park President and her husband.

Other areas of interest • With the absence of a comprehensive, long-term integrated Management Plan important issues have not been considered by the Park Management. The illegal status of the buildings means that the Park Management has supplied electricity generators to the illegal inhabitants for their power needs. The noise emitted from the generator is not assessed; nor is the unmanaged sewage that is released into the Bay without any form of treatment. Recreational swimming and water activities are subsequently at risk when combined with the sewage released from boats (see section 3).

•

Remnants of the stone wall still remain on the nesting beach, reducing space available on this beach of high nesting density. Removal should be undertaken by the Park Management.

•

The quality of the beach is also under question as soil is being deposited for umbrella stabilization and illegal building owners have been witnessed sand lifting from the beach to level land to lay a lawn, where the beach should still continue.

•

A Bulldozed area and planting of Palm Trees for the construction of a Tourist Village next to Daphne was stopped after the ZNMP issued an appeal to the Court. This caused conflict in the area. Care must be taken that this development does not go ahead illegally at another time.

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ZAKYNTHOS NATIONAL MARINE PARK, GREECE: 2007 UPDATE REPORT

2.4 Gerakas Conservation in Gerakas has been a success because it was properly managed; however the visitor numbers prescribed by the Presidential Decree occasionally exceeded the legal limit. The retention of the natural dune and vegetation succession makes the problems of light, people and development less severe than other Laganas Bay nesting beaches.

The pilot-ticketing scheme was once again adopted, which could have been the cause of reduced visitor numbers. The two-hour limit on the beach was respected by most visitors; however charges for ‘all-day’ beach furniture hire should be encouraged to adjust to the time-limit of this new scheme.

ARCHELON volunteers and ZNMP Wardens together informed tourists of the presence of nests and associated beach regulations (orally and with leaflets), continued clean-ups of the beach throughout the season and ensuring that the sun beds were stacked at night. Guarding was sufficient throughout the season with two guards on the beach and three at the entrance.

The number of umbrellas and sunbeds frequently exceeded the number permitted by the Presidential Decree (60 umbrellas and 120 sunbeds). As well as some private umbrellas were witnessed in the specially designated northern part of the beach, this is small and rocky and largely unsuitable for nesting.

Access to the clay from the rock face of the cliff were cordoned off, to keep people away and warning signs in two languages were erected by the ZNMP The parking area above the beach was relocated to those nearby the Taverna and Bars; this may have also played a part in reducing visitor numbers.

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ZAKYNTHOS NATIONAL MARINE PARK, GREECE: 2007 UPDATE REPORT

2.5 Marathonisi islet

In Laganas Bay, Marathonisi islet, across from the coast of Keri, has been problematic in the number of tourist and private boats that drop their anchor or drag boats onto the nesting beach. This has been the case up until this year with damage incurred to sensitive poseidonia beds and the nesting beach. This year measures to restrict boats from coming too near the shore have been implemented. However unregulated visitation continues on Marathonisi, with only one guard trying to control numerous visitors and boat traffic.

The Park President has publicly announced that she intends to develop a wooden wharf on Marathonisi to prevent anchor damage. This is a positive initiative however should be assessed properly by a qualified coastal engineer to determine whether any accelerated beach erosion would result.

Reports from a Dive Master from a local Diving School, tell of how he witnessed rats on Marathonissi islet predating on the nests. This should be immediately investigated by the Park Management as predators on such a small island can be catastrophic.

Mitigation measures could be taken from the Marine Park of Cabrera in Spain who has dealt with a similar situation.

The importance of this nesting beach was highlighted by ARCHELON in a recent newsletter that due to very white colour of the sand and low sand temperature produces prominently males (as sand temperature is the sex determinant). An increase in temperature of just 1째C from global warming could eliminate the birth of male sea turtles and risk a complete feminisation of the Mediterranean population.

Retaining the ecological integrity of nesting beaches that predominantly lead to male births is essential for the continuity of the sea turtle population in the face of global warming.

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ZAKYNTHOS NATIONAL MARINE PARK, GREECE: 2007 UPDATE REPORT

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 was regularly breached by private and commercial boats, despite increased surveillance by the Port Police patrol boat. Jet skis and high speed boats were also witnessed in Zone B. 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 will hopefully ensure that such violations can be more effectively controlled.

Contrary to the Presidential Decree, boats entered the Bay of Gerakas in Zone A (marked by buoys and all boating prohibited). Large yachts and sailing boats were witnessed anchoring in restricted marine areas (Zone B, anchoring prohibited) with lights on all night.

Several speargun fishermen were illegally fishing within the Park boundaries and the Port Police issued two fines. ARCHELON reported that there were 13 sea turtles found dead and 3 injured.

The most significant problem arising at sea is the continued violation of National Marine Park’s Code of Conduct for commercial ‘Sea Turtle Spotting Boats’. The worst breach of the Park’s regulations was a Captain, on a boat endorsed by the Park, jumping into the sea to wrestle a turtle resting metres below the surface. To then force it to surface to show tourists. This harassment of sea turtles, often resting in between nesting, is unacceptable and the owners of the tourist boats should face consequences.

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ZAKYNTHOS NATIONAL MARINE PARK, GREECE: 2007 UPDATE REPORT

4. Legislation Breaches European Commision Legislation The EC closed the Zakynthos Case (27/6/07) 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.

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

According to Article 6(3) of the Habitats’ Directive (which on designation of a SCI 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…”

It is also apparent that several of the European Court of Justice (ECJ) provisions (case C-103/00) were ignored: a. Relevant Provisions No. 28 of ECJ judgment states “…the 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 two new 100 car parking areas and opening of a new access road as well as the filling up of a stream with soil in Daphne is in contradiction to this Provision. b. Provision 38 states, “…there is no doubt that the presence of buildings on a beach such as the one at Daphne is liable to lead to the deterioration or destruction of the breeding site…” As no buildings ever existed on the 800 metre-long and 30 metrewide stretch of this nesting area, all buildings referred to in this provision still remain, and new infrastructure has been developed.

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

The Ministry of Environment, in response to a question in Parliament by the Zakynthos Department of the LAOS political party, states that “since all Greeks are equal before the law” there will be no exceptions in the fines (ranging from €270,000 to €670,000) imposed on the landowners of Daphne on June 15th 2007. However, the cases have subsequently been continually postponed and the fines have not been imposed even with the continued functioning of the illegal bars and tavernas throughout the summer. This approach to national legislation is erringly similar to the response by the Zakynthos Prefect to the 2005 Supreme Court Ruling to demolish the thirteen illegal buildings. The lack of effective legal enforcement sets a precedent for the Management of the other 26 Protected Areas in Greece.

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5. Conclusions The most successful Park Management Bodies have an established vision and mission which gets translated into specific long-term improvement objectives and targets with high level visibility throughout all levels of the management. The ZNMP Park Management lack of a long-term integrated management does not distil confidence in NGOs that have been campaigning for the effective protection of the Laganas Bay nesting beaches for the last 25 years.

The lack of an open, transparent and participative forum for stakeholder contribution is a serious concern in an area where illegalities are tolerated by all levels of Government. The ZNMP Management Agency should aim towards formalising a process for stakeholder involvement as well as identifying the environmental implications of the Management decisions such as Environmental Impact Assessments, Sustainability Impact Assessment etc.

Although the President asserts that she has good collaboration with WWF Greece and ARCHELON, little consultation is made with the NGOs or the Management Agency before any development decisions go ahead. Decision-making in an area with the largest aggregation of loggerheads nesting in the Mediterranean, without being called to be accountable is not good practice, especially when the Minister of Environment so clearly has transferred full responsibility to the Park President’s shoulders. Our role as conservationists is to continue to draw attention to developments such as the car-parks to ensure that piecemeal development does not continue to slowly destroy this once-pristine nesting beach, now a small ‘village’.

Future Management The nature of the problem in Laganas Bay was defined by the Park President (cooperation with local stakeholders at all costs) differently to that of the NGOs (conservation should come first) to that of the EC (bilateral dispute resolution and pragmatic compromise). But regardless of the position taken the question arises of how much more coastal development must be witnessed before the nesting beaches are secured for the future viability of the sea turtle population? The failure to meet even a 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. Without a conductive policy environment or societal perception favouring conservation, these annual compromises to the illegal building owners will only continue. In our opinion, it is the role of both the EC and Greek Ministry of Environment to reaffirm its commitment to establishing a system of strict protection to ensure this significant habitat is not degraded further.

Continued development should in no way be permitted as it is this piecemeal development that has transformed the coast line of Greece.

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6. Recommendations 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. c. Immediate removal of the non-native plants, e.g. the recently planted Tamarisk Trees in Daphne 2.) 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 the government and local area 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 3.) 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 eg. Environmental impact assessments (EIAs), Sustainability Impact Assessment (SIA). b. Development of an 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.

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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.

Acknowledgements Many thanks go to Gerald Hau, without his support and advice this report could not have been possible.

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8. Photographs PHOTO 1 Illegal beach furniture and umbrellas on flattened dunes at the rear of East Laganas nesting beach.

© 2007 MEDASSET

PHOTO 2 Closed Warden Station at Kalamaki, rarely opened throughout the nesting season.

© 2007 MEDASSET

PHOTO 3 Seagull in large Sekania nesting Protection’

numbers flying over beach of ‘Absolute

© 2007 MEDASSET

PHOTO 4 Around 200 seagulls waiting for hatchlings to emerge on Sekania nesting beach in from of the closed Warden Station (4/9/07)

© 2007 MEDASSET

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PHOTO 5 The small “village” that Daphne nesting beach has been transformed into

© 2007 MEDASSET

PHOTO 6 Density of illegal buildings on Daphne nesting beach

© 2007 MEDASSET

PHOTO 7 New 100-car parking area for Daphne, built in June 2007 in the “Protected Landscapes” area of the National Marine Park of Zakynthos.

© 2007 MEDASSET

PHOTO 8 Unregulated number of tourists on Daphne nesting beach around marked nests.

© 2007 MEDASSET

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PHOTO 9 Placement of a tourist’s belongings dangerously close to a marked nest.

© 2007 MEDASSET

PHOTO 10 Second Parking area in the ‘Protected Landscape’ area, behind Daphne nesting beach in the ZNMP, bordering the NATURA 2000 area.

© 2007 MEDASSET

PHOTO 11 Concentration of “See a Sea Turtle or Your Money back” Tourist boats crowding closely around a solitary resting sea turtle.

© 2007 MEDASSET

PHOTO 12 Subsequent to the Boat Captain jumping into the sea and wrestling a sea turtle that was resting metres below the surface, to show tourists.

© 2007 MEDASSET

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Daphne 2007

Figure 5: 1998-2007: The transformation of a once pristine nesting beach into a “small village”; consequences of poor law enforcement and lack of conservation priorities by the State. © 2007 MEDASSET

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9. Annex Annex 1: MEDASSET’s ANNOUNCEMENT “Greece: The Zakynthos National Marine Parking Park.2 New Car parks built on the ‘Strictly Protected’ nesting beach of Daphni

M E D A S S E T MEDITERRANEAN ASSOCIATION TO SAVE THE SEA TURTLES

ZAKYNTHOS, Greece Announcement 6.09.07

Greece: The Zakynthos National Marine Parking Park 2 New Car parks built on the ‘Strictly Protected’ nesting beach of Daphni Drawing on a dataset of all infringem ent cases opened by the European Comm ission (EC) against m em ber states in the area of env ironm ental policies; Greece’s poor record of com pliance with EC environm ental legislation only continues in the Zakynthos National Marine Park (ZNMP). W ithout a conductive policy environm ent or societal perception favouring conserv ation, the loggerhead sea turtle nesting area of Laganas Bay again falls to the interest of pro-developm ent illegal building owners.

On the ‘Strictly Protected’ nesting beach of Daphne (The 2nd m ost im portant after Sekania nesting beach of ‘Absolute Protection’) - a further two car parks hav e been dev eloped with a capacity of approxim ately 100 cars each. Freshly laid bitum en (18/8/2007) becom es the new blight on the landscape of the NATURA2000 Specially Protected Area, in a country where unplanned, excessiv e dev elopm ent at the serv ice of m ass tourism has becom e the norm1. W hile sea turtles resting or m ating within the Bay continue to be hounded by tourist and priv ate boats, unabated2.

This nesting area has been the scene of m uch contention for ov er 25 years, with the EC taking Greece to the European Court of Justice in 2002 for failing to implem ent an effective system of strict protection for the loggerhead. Managem ent m easures taken in other nesting beaches such as Gerakas has prov ed to a success this year with tourism m anagem ent schem es in place with an ov erall nesting success with 1100 nests so far. Howev er ineffective m anagem ent m eans that the environm ental integrity of Daphne is again in question following the increase of illegal buildings from 14 to 23 during the 2006 nesting season and 500 tourists a day on the 300m wide beach. By the ZNMP President (appointed by the Minister of Environm ent) allowing two sizeable car-parks to be constructed it suggests further attem pts by her to qualm local conflict. W ith only half-day guarding of Sekania, 200 sea-gulls from the W aste Dum p abov e hav e been counted on the beach waiting for hatchlings to em erge.

For the NGOs, relentlessly lobbying the Greek Ministry and the EC for at least a v ery basic adherence to existing legislation, this continued construction is a direct contradiction to the ECJ ruling; which explicitly states a prohibition of the creation of infrastructure (ECJ, Provision 28) and all construction subject to an appropriate environm ental im pact assessm ent.

“How m uch m ore coastal dev elopm ent m ust we witness before the nesting beaches are secured for the future viability of the sea turtle population?” says Lily Venizelos, President of MEDASSET, “Com pensation schem es to locals m ust be reassessed by Authorities to find long-term sustainable solutions.”

MEDASSET/UK MEDASSET/GR c/o 24 Park Towers, 2 Brick St., 1C Licavitou St., 106 72, Athens, Greece London W 1J 7DD, UK. Tel.: + 30 210 3613572, 210 3640389 Tel./Fax: +44 (0) 207 6290654 Fax: +30 210 3613572 E-m ail: m edasset@ m edasset.org E-m ail: m edasset@ m edasset.gr www.m edasset.org www.m edasset.gr

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Annex 2: EC’s letter to the three NGOs regarding their decision to close the Zakynthos Case.

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