Wolf (Dis)Protection in Spain: Exceptions to the Rules in the Bern Convention and in The Habitats Directive as a Conservation and Management Tool

Abstract

The announcement that Spain was going to ban wolf hunting throughtout its territory has been the trigger to reopen the debate on the wolf and its conservation and management status. In Europe, the unexpected success of wolf conservation policies has led to the wolf being considered as a pest or a species detrimental to agriculture and livestock farming. This perception of predators is present in and inspires the reservations and exceptions to the rules of the Bern Convention on the Conservation of European Wildlife and those of the Habitats Directive of the European Union, which provide for different protection statuses and management regimes. Exceptions to these rules allow some states to prohibit wolf hunting and others to allow it in order to avoid escalating conflicts with humans. Although this 'rule of law of biodiversity', guarantees legal protection for the wolf, in practice a serious lack of compliance has been revealed, which is one of the threats to the wolf. A study of the application of these exceptions in Spain and the case law of the Spanish courts and the Court of Justice of the European Union suggests that the legalisation of hunting cannot serve to remedy this compliance deficit when there are alternatives. These may include criminal or administrative prosecution of their violation.