Historical evolution of Protected Natural Areas
Origin and global context
The birth and consolidation of the first protected natural spaces occurred during the 19th century, in the United States, when President Abraham Lincoln created the first Yosemite nature reserve and in 1872 the first national park in the world Yellowstone.[3] The purposes of these spaces were purely aesthetic and recreational, as well as to protect virgin nature against the frenetic growth of the population.[2] Following these ideas, natural parks began to be declared in other countries such as Australia (Royal National Park), Canada. (Banff) and New Zealand. However, Europe did not enter into these dynamics until the 19th century, when the first National Parks were declared in Sweden, which, after passing the Law on National Parks, opened nine (Abisko, Garphyttan, Hamra, Pieljekaise, Sarek, Great Falls, Sonfjället and part of Ängsö and Gotska Sandön).[3].
After this first stage, a new one began, characterized by the development of the system of protected natural spaces, with which new figures were created and there was a large growth in the protected area worldwide, from approximately 1% to 89%. It was very marked by the Rio de Janeiro Summit and in it the purposes of these figures were expanded to others better known today such as protection and conservation or scientific, historical, cultural, educational and economic research.[2]
Currently, the greatest objective of protected natural areas is to ensure that they develop sustainably and that the global protected area continues to increase.[2].
Before 1936
In Spain, there are two significant precedents that explain the conservation of natural spaces before the 20th century. One of them is the hunting reserves owned by the monarchy, known as Royal Sites, which have been preserved to this day as important natural areas. Examples of this are the Monte de El Pardo or the Montes de Valsaín. The second precedent is the Catalog of Public Utility Forests, made up of forests that received special treatment after the confiscations of the 19th century.[3].
Protected natural spaces were included in Spanish legislation for the first time in 1916, through the law of December 7, 1916, on National Parks of Spain. This law was very brief (it consisted of only 3 articles) and vaguely defined the characteristics that natural spaces must have in order to become national parks. In addition, it established the State's duty to facilitate access to national parks through appropriate means of communication. Despite its brevity and general nature, this law was pioneering at the European level and had among its objectives to prevent the deterioration of natural environments due to human action. This law was based on a landscape perspective, that is, it was focused on the aesthetic aspects of the environment.[4].
The Royal Decree of February 23, 1917, concerning National Parks and Sites, laid the foundations for the development of conservation policies of the time. In it, the characteristics that natural spaces protected by law should have were defined more specifically, although unified protection criteria for all spaces were still not established. In this way, the protection proposals based on this Royal Decree and the previous law were examined separately, without considering a coordinated management strategy for all of the protected spaces. Another aspect of the Royal Decree worth highlighting is the relationship it established between the natural heritage (flora, fauna, geology...) and the historical and cultural heritage. Furthermore, the text echoed the growth of tourism and hiking associations, which showed the growing interest of the society of the time in nature. This Royal Decree also made reference to the recreational value of natural spaces and the psychological benefits of interaction with nature.[4] With this rule, a new figure of protection was created, the National Site, as a more flexible and modest alternative to the figure of a national park. In addition, the Central Board of National Parks was created.[3].
The first Spanish national parks were founded in 1918. On July 22, the Covadonga Mountain National Park was created by law, and on August 16, the Ordesa National Park was established by Royal Decree. After the creation of these national parks, there were requests for the creation of new ones (for example, in the Sierra de Guadarrama). However, these projects did not bear fruit because the two national parks already founded had to face economic difficulties due to conflicts that arose with the private owners of the area. The magnitude of these conflicts was such that the creation of new national parks was discouraged due to the economic unviability of expropriation, especially in spaces with a high percentage of privately owned land.[4].
The Royal Order of July 15, 1927, for the declaration of a national park or site, in compliance with the law of December 7, 1916, established two new figures to replace national sites: the Natural Site of National Interest and the Natural Monument of National Interest "Natural Monument (Spain)").[3] The objective of these figures was to distinguish places with importance for conservation, without undermining the superior value of national parks. In addition, it was intended to appease the conservationist voices of society that were asking for a higher level of State involvement in the conservation of natural spaces.[4] From 1927 to 1936, the year the Civil War began, 14 Natural Sites and a Natural Monument were created, spread throughout the national territory and covering all types of ecosystems.[3].
Civil War and Francoism (1936-1974)
The years of the Civil War and the post-war period left a substantial void in terms of the protection of natural spaces. The creation of new national parks was not resumed until the mid-1950s. In less than two years, between 1954 and 1955, three national parks were created by decree: the El Teide National Park (January 22, 1954), the Caldera de Taburiente National Park (June 6, 1954) and the Aigüestortes and Estany de Sant Maurici National Park (October 21, 1955). The analysis of these statements is important for several reasons. First, the declarations were based on the 1916 law, which had been in force for 38 years. Furthermore, the El Teide declaration made reference to the exceptional nature of declaring a space as a national park, which suggests that the conservation of natural spaces was not a high priority. On the other hand, two of the national parks (El Teide and Caldera de Taburiente) were in a region with similar ecological characteristics. Taking into account that the initial intention in the decades of 1910-1920 was the creation of national parks that represented Spanish nature in its entirety, the declaration of two national parks in the same archipelago broke with this scheme. These two statements are understood as a strategy of the Franco regime to attract international visitors (especially from northern Europe), who, attracted by the natural characteristics of the Canary Islands, saw the presence of national parks as an incentive.[4].
The legislation on protected areas in the following years represented a certain setback, as it was incorporated in the Forestry Law and did not have its own laws. In 1957, this new Forestry Law was promulgated, which included the old national parks law of 1916, in an even smaller form than in its initial text. In the forest regulations, approved on February 22, 1962, Natural Sites and Monuments were regulated, which did not appear in the 1957 law. These legislative texts stopped contemplating the interaction between humans and nature, removing the importance that historical and cultural elements previously had within the law.[4] Even so, ecological factors were promoted over landscape factors, regarding the declaration of new parks. national parks.[5] Based on this legislation, three new national parks were approved by decree: the Doñana national park (October 16, 1969), the Tablas de Daimiel national park (June 28, 1973) and the Timanfaya national park (August 9, 1974). The declaration of Doñana as a national park was closely linked to the international propaganda of the Franco regime, which sought to show its supposed interest in nature by protecting this space in the International Year of Conservation of Nature and its Resources. The declaration of the Tables of Daimiel was marked by the same lines. Like Doñana, it is a wetland of extraordinary importance for birds.[4] In this way, the protection of these two spaces generated an appropriate image, linked to the aesthetic value of animals such as the flamingo or the heron. The Timanfaya national park, located in the Canary Islands, also followed the strategy defined with the declaration of El Teide and the Caldera de Taburiente.[4].
End of Francoism and Transition (1975-1986)
In 1975 the legislation on protected areas was renewed. Law 15/1975, of May 2, on Protected Natural Spaces, once again separated the protection of natural spaces from the Forest Law. This new law restricted the declaration of national parks only to those extensive natural spaces with primitive ecosystems that had not been substantially altered by human action. In addition, it introduced cultural, educational and recreational aspects. However, its approach was not holistic, but rather focused on biological concepts (related to fauna and flora) rather than ecological concepts that encompassed the natural environment as a whole. On the other hand, the law modified the protection figures, retaining only that of national park, and incorporating those of Comprehensive Reserve of Scientific Interest, Natural Site of National Interest (replacing natural sites and monuments) and natural park. The figure of Comprehensive Reserve of Scientific Interest appeared before that of national park in the law and had a marked reductionist character, since the reserves had to be classified as botanical, zoological or geological reserves, depending on the most important aspect that justified their protection. Natural parks were defined in the law as areas with natural values and had the objective of facilitating human contact with nature. Natural parks were declared by decree, while other protection figures were declared by law. Decree 2676/1977, of March 4, developed the regulations of Law 15/1975. This decree established that, in natural areas, productive activities must be maintained in a manner compatible with conservation, and that, in natural parks, conservation must be “harmonized” with exploitation (especially livestock). In addition, it was established that the management of protected spaces would be directed by the National Institute for Nature Conservation (ICONA), which depended on the Ministry of Agriculture. Under Law 15/1975, only one more national park was declared, the Garajonay National Park (March 25, 1981), also in the Canary Islands.[4].
The first national law on protected natural spaces after the Franco dictatorship was Law 4/1989, of March 27, on the Conservation of Natural Spaces and Wild Flora and Fauna. This law offered a more technical definition of the concept "national park".[4] One of the objectives of the law was to establish the distribution of powers in matters of nature conservation policies between the State and the autonomous communities. In addition, it established four protection figures: protected landscapes, natural monuments "Natural Monument (Spain)"), parks and nature reserves. The law left the declaration of protected natural spaces in the hands of the autonomies, except in the case of national parks, whose declaration corresponded to the State.[3] As a novelty, it incorporated a brief cataloging of natural systems that divided Spain into three regions: Euro-Siberian, Mediterranean and Macaronesian. However, this law had a relevant deficiency in that it did not contemplate mountain ecosystems.[4] The law was closely linked to European influences, derived from Spain's entry into the European Union in 1985. An important point of the law was the recognition of the right to nature conservation.[5].