Rahmenbedingungen für die Wirksamkeit von Maßnahmen des ...

Rahmenbedingungen für die Wirksamkeit von Maßnahmen des Artenschutzes bei InfrastrukturvorhabenUbiquitous bird species constitute a special case. Current legislation prohibits completeneglect of these common birds, for which, however, a pragmatic approach in linewith the objectives of nature conservation must be worked out.Ubiquitous birds are species with more than one million breeding pairs in Germany thatare not regarded as endangered owing to sharply diminishing species abun-dance (cf.SÜDBECK et al. 2007). They include blackbird, song thrush, starling, robin, wren, willowwarbler, chiffchaff, blue tit, great tit, coal tit, blackcap, garden warbler, dunnock, chaffinch,greenfinch, yellowhammer, goldcrest and wood pigeon.As long as ubiquitous birds are affected, it can normally be assumed that the compensatorymeasures taken as the result of German impact regulations suffice to conserve boththe status quo of nature and landscape and the ecological functionality, in a spatial context,of these species’ affected breeding sites and resting places. For these species, thespatial context is to be defined so broadly that any potential temporary losses of breedingsites occurring up to the full operation of the compensatory measures will not lead toany diminution, in a spatial context, of ecological functionality.Besides the requirements of species-conservation legislation, infrastructural projectsoften also have to take account of impact regulation and FFH impact studies. The legaland technical similarities of and differences between the various types of measures, andthe scope for and limitations of multifunctional use, are discussed in a separate chapterof the R&D project. The various types of measures display distinct differences with respectto their underlying legal bases and the consequent functional, spatial and temporalrequirements. However, the differing requirements do not run counter to a multifunctionalimplementation of the measures applied according to the “polluter pays” principle (impactregulation, special species conservation, FFH impact studies) (cf. article 15, paragraph2, sentence 4 of the German Federal Nature-Conservation Act). In the aggregate, however,the specific requirements must be met. To ensure this, it is advisable to beginplanning on the basis of the measures with the most specific requirements. These areprimarily the CEF-measures of species conservation and any requisite FFH compensatorymeasures. Hence the first measures to be applied are those which satisfy the specificand temporal requirements of species-conservation legislation and of the HabitatsDirective. As a rule, such measures will be able to assume certain functions of compensatorymeasures, and form the indispensable framework on which any future strategymust be based.The objective must be to set targets which make sense in nature-conservation terms,and which permit a meaningful combination and amplification of the various meas-ureson the basis of that indispensable framework.Defining CEF-measures in more concrete terms, exemplified by selected speciesSpecifically, CEF-measures must be brought into line with the habitat requirements, behaviourpatterns, mobility ranges and reproductive rates of the various species. Hencethe informative value of general requirements is limited. Against this background, theoptions for CEF-measures were compiled in an exemplary research project for 30 se-90