Chapter 1.

Protection and Management 17

1. Protection and Management

J. A . Enemark

Wadden Sea QSR 1999

Wadden Sea QSR 1999

18 Chapter 1. Protection and Management

Wadden Sea QSR 1999


1.1 Introduction
Nature protection in the Wadden Sea is not a new
phenomenon. Already at the start of the century
nature reserves were established all over the Wad-
den Sea e.g. Jordsand, Noorderoog, Griend, Mem-
mert and Mellum, but they were confined mostly
to smaller uninhabited islands as mainly wildlife
reserves. In the 1960s and 1970s, it became ap-
parent that the impacts resulting from both di-
rect and indirect use of the Wadden Sea through
embankments, agricultural use, fisheries and rec-
reation and the discharges of pollutants were such
that they potentially could imperil the sustaina-
bility of the Wadden Sea and a wider understand-
ing of the need for an extensive protection ma-
tured. In the 1970s, a process began resulting in
comprehensive protection schemes for the Wad-
den Sea which are, world-wide, still one of the
few examples of such exhaustive schemes.
The national protection and the cooperation
between the three Wadden Sea countries on the
protection of the Wadden Sea developed in par-
allel. The first Trilateral Governmental Conference
was held in 1978 and the first comprehensive pro-
tection schemes were introduced nationally in
1979-1980 in all three countries. The trilateral
Wadden Sea Cooperation has developed to con-
stitute the overall framework for the protection
of the Wadden Sea as one entire shared ecosys-
tem. The following serves to introduce the main
elements of the protection schemes trilaterally and
nationally without going into details about regu-
lation of human activities since they will be dealt
with under the description of uses and activities.
1.2 The joint protection
and management regime
As indicated above, the first trilateral Danish-Ger-
man-Dutch Governmental Conference on the Pro-
tection of the Wadden Sea was held in 1978 in
The Hague. It marked the official start of the co-
operation which has as its formal basis the Joint
Declaration on the Protection of the Wadden Sea
signed at the Third Wadden Sea Conference in
Copenhagen in 1982. The Joint Declaration is a
declaration of intent of the countries to consult
each other in order to coordinate their activities
and measures to implement a number of legal in-
struments - Ramsar Convention, Bonn Conven-
tion, Bern Convention, EC Birds Directives and
Chapter 1. Protection and Management 19
other relevant directives - with regard to the com-
prehensive protection of the Wadden Sea region
as a whole including its fauna and flora. To this
end, the countries will intensify and broaden the
contacts between the responsible administrations
including holding regular Wadden Sea Ministers
Conferences. The Common Wadden Sea Secretar-
iat was established in 1987 to facilitate and sup-
port the cooperation.
It is important to accentuate that the Joint Dec-
laration and other arrangements made in the
framework of the cooperation including the Min-
isterial Declarations of the Wadden Sea Confer-
ences are arrangements of an internationally le-
gally non-binding, character contrary to an inter-
national cooperation on the basis of a treaty or a
convention. The decisions, agreements and actions
concluded at the ministerial conferences are po-
litical agreements between the countries which
will be implemented nationally by the instruments
chosen by the parties. The trilateral cooperation
may, however, in substantive terms, not differ from
such international legal bindings, arrangements
and, furthermore, the arrangements have a cer-
tain flexibility. An exception to this rule is the
'Agreement on the Conservation of Seals in the
Wadden Sea’ concluded by the parties in 1990,
which is an agreement under the Convention for
the Conservation of Migratory Species of Wild
Animals (Bonn Convention).
The arrangements of the Wadden Sea cooper-
ation are the results of consecutive Wadden Sea
Conferences which, since the Stade Conference
of 1997, are embedded in the Trilateral Wadden
Sea Plan (1997). The Wadden Sea Plan (WSP) en-
tails policies, measures, projects and actions which
have been agreed upon by the three countries.
The Plan is a framework for the overall Wadden
Sea management and will be revised at regular
intervals. It is a statement on how the three coun-
tries envisage the future coordinated and inte-
grated management of the Wadden Sea Area and
the projects and actions that must be carried out
to achieve the commonly agreed Targets (WSP,
Chapter I, § 4).
1.2.1 Delimitation
The area for which the Wadden Sea Plan is valid
is the Trilateral Wadden Sea Cooperation Area, in
short, the Wadden Sea Area, from Den Helder, The
Netherlands to Blåvandshuk, Denmark delimited
by the 3 nautical miles offshore and the main sea
walls or, where sea walls are absent, the spring-
high-tide-water line, and in the rivers, the brack-
Wadden Sea QSR 1999
20 Chapter 1. Protection and Management

ish-water limit including Ramsar and/or EC Bird Wadden Sea (WSP, Chapter I, § 7).
Directive areas designated inland . It is recognized A map of the Wadden Sea Area and the Conser-
that within the Wadden Sea Area there are areas vation Area is in Figure 1.1. The Wadden Sea Area
in which human use has the priority. covers an area of about 13,500 km2.
The trilateral conservation area, in short the The disputed area between The Netherlands and
Conservation Area, is situated within the Wadden Germany in the Ems-Dollard region is subject to
Sea Area, and consists of: bilateral arrangements in the framework of the
• in The Netherlands, the areas under the Wad- Ems-Dollard Treaty, 1960, the Supplementary
Figure 1.1. The Wadden Sea den Sea Memorandum including the Dollard; Agreement 1962 and the Environmental Proto-
Area and the Conservation
Area.
• in Germany, the Wadden Sea national parks col. The permanent Dutch-German Transbounda-
It should be noted that on and protected areas under the existing Na- ry Waters Commission has adopted a common
the map the Schleswig- ture Conservation Act seaward of the main action plan for water and nature management in
Holstein part of the dike and the brackish water limit including the 1998 for the disputed area in accordance with
Conservation Area has not
yet been adapted to the
Dollard; the Trilateral Wadden Sea Plan.
Schleswig-Holstein • in Denmark, the Nature and Wildlife Reserve
National Park Law of 1999
(see 1.3.2 and Figure 1.4).

Wadden Sea Area and Conservation Area

Esbjerg DENMARK

Ribe

Legend

Wadden Sea Area

Intertidal Area (eulittoral)

Conservation Area Tønder

Disputed Border area according to the Ems-Dollard-treaty of 1960,

the Supplementary Agreement of 1962 and
the Environmental Protocol of 1996

N
0 10 20 30 40 50 Kilometers
UTM-projection zone 32

Husum

Tönning

Heide

Cuxhaven
C h
Cuxh

Bremerhaven
Wilhelmshaven
ven

Emden
Delfzijl

Leeuwarden Groningen
Harlingen
Ha
GERMANY

Den Helder
elderr
THE NETHERLANDS
© RIKZ, CWSS

Wadden Sea QSR 1999

 Chapter 1. Protection and Management 21

1.2.2 Shared Principles • the Principle of Careful Decision Making, i.e.

to take decisions on the basis of the best
available information;
The Guiding Principle of the trilateral Wadden Sea • the Principle of Avoidance, i.e. activities which
policy is ‘to achieve, as far as possible, a natural are potentially damaging to the Wadden Sea
and sustainable ecosystem in which natural proc- should be avoided;
esses proceed in an undisturbed way’ (Esbjerg • the Precautionary Principle, i.e. to take action
Declaration, 1991, § 1). The Principle is directed to avoid activities which are assumed to have

Varde Å
Blåvands Huk Ho
Bugt

Langli
Esbjerg
Habitats in the Wadden Sea Area Skallingen
DENMARK
Fanø

Ribe
Legend Mandø

Wadden Sea Area

Tønder
Rømø
Offshore Area

Intertidal Area (eulittoral)

Salt Marshes Sylt

Beaches and Dunes

Rural Area
Föhr
Oland
Amrum
Estuaries
Langeneß
Hooge
N
Norderoog- Pellworm
sand
0 Husum
10 20 30 40 50 Kilometers Nordstrand

Süderoog-
UTM-projection zone 32 sand

Tönning

Eider
Heide

Meldorfer
Trischen Bucht

Scharhörn

Neuwerk
Elbe

Großer Cuxhaven
Knechtsand
Wangerooge
Spiekeroog
Minsener Oog
Langeoog
Norderney Baltrum Oldoog
Mellum
Juist

Borkum Memmert

Weser
Rottumerplaat Rottumeroog
Leybucht Bremerhaven
Schiermonnikoog Wilhelmshaven
Ameland
Terschelling Jadebusen
Engelmanplaat

Ems Emden
Vlieland
Griend Delfzijl
Dollard

Leeuwarden Groningen
Harlingen

Texel
GERMANY
Noorderhaaks
Marsdiep

Den Helder
Balgzand
THE NETHERLANDS
IJsselmeer
© RIKZ, CWSS

Figure 1.2. Wadden Sea

towards the protection of the tidal area, salt significant damaging impact on the environ- habitats.
marshes, beaches and dunes (Leeuwarden Decla- ment, even where there is no sufficient scien-
ration, 1994, § 8). tific evidence to prove a causal link between
In addition, seven Management Principles have activities and their impact;
been adopted which are fundamental to decisions • the Principle of Translocation, i.e. to translo-
concerning the protection and management with- cate activities which are harmful to the Wad-
in the Wadden Sea Area (Esbjerg Declaration, den Sea environment to areas where they will
1991, § 3): cause less environmental impact;

Wadden Sea QSR 1999

22 Chapter 1. Protection and Management

Esbjerg DENMARK
Special Protection Areas (SPAs)
according to the EC Bird Directive
Ribe
Legend

Wadden Sea Area

Denmark

Schleswig-Holstein
Tønder
Hamburg

Lower-Saxony

The Netherlands

Disputed Border area according to the Ems-Dollard-treaty of 1960,

the Supplementary Agreement of 1962 and
the Environmental Protocol of 1996
N
0 10 20 30 40 50 Kilometers Husum

UTM-projection zone 32

Schleswig-Holstein
Tönning

Heide

Cuxhaven

Bremerhaven
Wilhelmshaven

Emden
Delfzijl

Groningen Niedersachsen GERMANY

Leeuwarden
Harlingen

THE NETHERLANDS
Den Helder
© RIKZ, CWSS

Figure 1.3. Special

Protection Areas (SPAs).
It should be noted that the
map has not been amended • the Principle of Compensation, i.e. that the Unreasonable impairments of the interests of the
for recent changes in harmful effect of activities which cannot be local population and its traditional uses in the
international designations avoided, must be balanced by compensatory Wadden Sea Area have to be avoided. Any user
(see 1.2.4). measures; in those parts of the Wadden Sea, interests have to be weighed on a fair and equi-
where the Principle has not yet been imple- table basis in the light of the purpose of protec-
mented, compensatory measures will be ai- tion in general, and the particular case concerned
med for; (WSP, Chapter I, § 8).
• the Principle of Restoration, i.e. that, where
1
The Paris Convention was
replaced by the OSPAR
possible, parts of the Wadden Sea should be 1.2.3 Common Targets
Convention in 1998 and
restored if it can be demonstrated by reference
the Paris Convention studies that the actual situation is not opti- The trilateral conservation policy and management
Recommendations mal, and that the original state is likely to be is directed towards achieving the full scale of hab-
regarding BAT and BEP re-established; itat types which belong to a natural and dynamic
dissolved. The concepts of
BAT and BEP have now
• the Principles of Best Available Techniques and Wadden Sea. Each of these habitats needs a cer-
been defined in Appendix 1 Best Environmental Practice, as defined by the tain quality (natural dynamics, absence of distur-
of the OSPAR Convention Paris Commission1 . bance, absence of pollution), which can be reached

Wadden Sea QSR 1999


by proper conservation and management. The qual-
ity of the habitats shall be maintained or improved
by working towards achieving Targets which have
been agreed upon for six habitat types: Salt Mar-
shes, Tidal Area, Beaches and Dunes, Estuaries,
Offshore Area and Rural Area (Figure 1.2). Targets
on the quality of water and sediment are valid for
all habitats. In addition, supplementary Targets on
birds and marine mammals have been adopted, as
well as Targets on landscape and cultural aspects
(WSP, Chapter I, § 8).
The contents of the Targets and an assessment
on the progress in their implementation is given
in the Assessment Chapter 6.
For each Target category, trilateral policy and
management and proposals for trilateral projects
and actions necessary for the implementation of
the Targets are entailed in the Trilateral Wadden
Sea Plan. The trilateral policy and management
is the core of the agreements on the common
protection and management of all relevant uses
and activities. These are presented in more detail
in the appropriate section.
1.2.4 International designations
EC Directives
The Council Directive 79/409/EEC 1979 (EC Bird
Directive) aims at the protection of all species of
naturally occurring birds in the territory of the
member states. According to the Bird Directive,
member states shall classify the most suitable
territories for the conservation of these species,
including migratory species, as special protection
areas (SPAs). The Dutch part of the Conservation
Area has been designated as SPA1. In Germany,
the Niedersachsen, Hamburg and the Schleswig-
Holstein part of the Conservation Area has been
designated as SPA and five adjacent areas to the
Schleswig-Holstein Conservation Area and the
German part of the Dollard. In Denmark, the Dan-
ish part of the Conservation Area, with the ex-
ception of the shipping lane from the North Sea
to Esbjerg, the uninhabited parts of the islands
and the adjacent marsh areas on the mainland
have been designated as SPAs (Figure 1.3)
The Council Directive 92/43/EEC 1992 (EC Hab-
itat Directive) aims at the conservation of habi-
tats of wild flora and fauna in the member states.
In the framework of the Habitat Directive, a co-
herent ecological network, called NATURA 2000,
shall be established. NATURA 2000 will consist
of Special Areas of Conservation (SACs) desig-
nated according to the Habitat Directive, and the
SPAs of the Bird Directive. The designation of SACs
will be undertaken in the forthcoming years and
Chapter 1. Protection and Management 23
major parts of the Wadden Sea will be included in
NATURA 2000.
International Conventions and Programs
The Convention on Wetlands of International Im-
portance Especially as Waterfowl Habitat 1971
(Ramsar Convention) is a world wide treaty for the
conservation of wetlands: shallow open waters and
any land regularly or intermittently covered or sat-
urated by water. In the framework of the Conven-
tion, wetlands of international importance are des-
ignated by the contracting parties. Major parts of
the Wadden Sea have been designated as Ramsar
sites: The Dutch part of the Conservation Area, to-
gether with the coastel zone and parts of the is-
lands, is a Ramsar site. In Germany, the Wadden
Sea Ramsar sites is basically the German Conser-
vation Area and a number of areas on the islands
and the adjacent mainland. In Denmark, the Wad-
den Sea Ramsar site consists of the uninhabited
parts of islands, adjacent marsh areas on the main-
land and the Danish part of the Conservation Area,
except for the shipping lane from the North Sea to
Esbjerg and the Esbjerg harbor.
Biosphere Reserves are protected areas of rep-
resentative terrestrial and coastal environments
which have been internationally recognized un-
der the Man and Biosphere (MAB) Program of the
United Nations Educational, Scientific and Cul-
tural Organization (UNESCO) MAB Program for
their value in conservation and in providing the
scientific knowledge, skills and human values to
support sustainable economical development. The
German and the Dutch parts of the Conservation
Area have been designated as Biosphere Reserves.
1.2.5 The Wadden Sea Area and
external impacts
The Wadden Sea is a coastal sea and there are
many interactions with the North Sea and the
northwestern European mainland. The quality of
water, sediment and marine habitats of the Wad-
den Sea is, to an important degree, affected by
the North Sea and activities in the catchment ar-
eas of the debouching rivers. The Wadden Sea is
an important nursery area for North Sea fish and
some species of marine mammals. For these rea- 1 Currently an extension of
sons, the trilateral policy and management regard- the SPA is under
ing pollution, species and habitat protection is- discussion. The extension
sues have been and are closely related to devel- will include the North Sea
offshore zone within the
opments within the framework of the North Sea Wadden Sea Area and parts
Conferences, and the Convention for the Protec- of the islands and the
tion of the Marine Environment of the North-East adjacent IJsselmeer and
Atlantic (OSPAR Convention, Paris 1992) which Lauwersmeer.
Wadden Sea QSR 1999
24 Chapter 1. Protection and Management
entered into force on 25 March 1998. It was rec-
ognized at the Wadden Sea Conference in 1997
that the quality of the Wadden Sea Area may be
influenced significantly by activities taking place
outside or pollution stemming from sources out-
side the Wadden Sea Area. It was therefore agreed
to address such external impacts through the re-
duction of inputs of nutrients, hazardous sub-
stances and oil and relevant activities in the ad-
jacent areas (Stade Declaration, 1997, §§ 13-17).
1.3 National protection
and management regimes
The national protection and management regimes
are the total legal and administrative instruments
that have been enacted and implemented to pro-
tect, conserve and manage the Wadden Sea in a
sustainable way corresponding with the trilateral
objectives, principles and agreements. The heart
of the regime is the Wadden Sea Conservation
Area consisting of the Wadden Sea national parks
and nature reserves but, for the Wadden Sea Area
in total, other instruments are also being applied.
1.3.1 Denmark
The Danish part of the Conservation Area is the
Nature and Wildlife Reserve Wadden Sea which
was enacted by Statutory Orders in 1979 on a
Wildlife Reserve and in 1982 on a Nature Reserve.
The Orders were merged into one Order in 1992
which was amended in 1998 to incorporate the
agreements resulting from the Trilateral Wadden
Sea Plan.
The area covered by the Nature and Wildlife
Reserve is the Wadden Sea outside the seawalls
on the mainland and islands - where seawalls are
absent, the mean high water mark is the border -
and, on the North Sea, delimited by 3 nautical-
miles west of the baseline. Since the amendment
in 1998, the area also includes most of Skallingen
and state owned beaches and salt marshes on the
islands of Rømø, Mandø and Fanø. The whole area,
covered by the Nature and Wildlife Reserve, is al-
most 1,000 km2.
The provisions of the Nature and Wildlife Re-
serve apply to public access, shipping and other
activities which are deemed harmful to the natu-
ral environment. Three zones can be distinguished:
A core zone which consists of a scientific ref-
erence area, the main resting and nursery areas
Wadden Sea QSR 1999
for seals and the important breeding, moulting,
feeding and resting areas for waterfowl; these
areas are closed to public admittance the whole
year round with the exception of a few areas
where this only applies for part of the year. This
zone covers approximately 10% of the Nature and
Wildlife Reserve.
A zone which consists of areas east of the base-
line, except for the main shipping routes and the
areas of the core zone, where recreational boat-
ing and other recreational activities are regulat-
ed; this zone covers approximately 60 % of the
Nature and Wildlife Reserve.
A zone which consists of the areas west of the
baseline and the main shipping routes, where gen-
erally no restrictions apply other than the general
ones mentioned below; this zone covers the re-
maining 30 % of the Nature and Wildlife Reserve.
The Wadden Sea Area outside the Conserva-
tion Area consists of the islands, except for most
of the beaches and some state owned areas, salt
marshes in the Varde estuary, Ho Bay, Måde on
Rømø and Fanø, and the fresh marshes behind
the seawalls. The Danish Wadden Sea Area is des-
ignated as Ramsar site and Special Protection Area
under the Birds Directive with the exception of
the inhabited parts of the islands and the ship-
ping lane to Esbjerg and the Esbjerg harbor. In
addition, larger parts of the islands have also been
designated as nature conservation areas accord-
ing to the Nature Conservation Act. Furthermore,
the dunes and salt marshes as well as other rele-
vant habitats, such as fresh meadows, are subject
to a general biotope protection regime according
to Section 3 of the Nature Conservation Act.
Ramsar sites and SPA and habitat areas are
subject to a comprehensive planning and regula-
tion regime. The ‘Executive Order on the Demar-
cation and Administration of International Na-
ture Protection Areas’, 1998 delineates the areas
and lays down binding rules for the authorities
with regard to administration of the areas pursu-
ant to the provisions of the Bird and Habitat Di-
rectives and the Ramsar Convention. The Order
stipulates that new infrastructural installations
may not be built, new areas may not be desig-
nated as urban zones or summer cottage areas,
new areas may not be developed for raw material
exploitation on land and installations for recrea-
tion purposes or other purposes may not be
planned if they will bring about a deterioration of
the areas or significantly disturb the species for
which these areas have been designated.
 Chapter 1. Protection and Management 25

1.3.2 Germany
The vast majority of the German Wadden Sea Con-
servation Area is constituted by the national parks
designated by the responsible federal states
Schleswig-Holstein, Niedersachsen and Hamburg
in accordance with the Federal Nature Conserva-
tion Act. Additional areas are the nature reserves
in the Ems-Dollard and the Elbe estuary.
Schleswig-Holstein
The Schleswig-Holstein Wadden Sea National Park
was established in 1985 by state law, which was
amended in October 1999. In comparison with the
1985 law the amended law entails in particular a
seaward extension of the National Park, a new
definition of the protection objective and the in-
troduction of a new zoning system.
The National Park is bordered on the mainland
and along the coasts of the islands and hallig is-
tional Park is divided into two zones in which dif-
ferent activities are allowed:
The core zone, zone 1 covers 70% of the area;
admittance is prohibited and a number of activi-
ties, including commercial ones such as fishery,
are prohibited.
Zone 2 covers the remaining 30% and includes
the island Neuwerk, a smaller area around this island
and the area situated directly on the mainland side.
Small scale activities are generally allowed.
Niedersachsen
The Niedersachsen Wadden Sea National Park was
designated in 1986 by state statutory order,which
a
tection are

lands by a line which runs at a distance of 150 m

seaward of the dikes, geest and dunes. Offshore the
National Park is bordered by the 3 sea-mile line, in-
whale pro

cluding a whale protection area off the islands of

Sylt and Amrum bordered by the 12 sea-mile line.
The National Park covers approximately 4,410 km2.
A map of the National Park is in Figure 1.4.
The National Park is divided into two zones, in
which different activities are allowed. The core
zone, zone 1, comprises coherent tidal basins and
covers about 36% of the National Park. Public
access is prohibited with the exception of e.g.
adjacent tidal areas, tidal flat walking routes, and zero use zone
commercial fishery as stipulated in Section 6 (2)
of the law. Within the core zone an area south of core zone (Zone I)
the Hindenburg causeway of 12,500 ha has been
Zone II
designated as a zone in which all resource use
has been fully prohibited. It is only allowed to
navigate in the zero use zone on the marked ship-
ping lanes. The area covers about 3% of the Na-
tional Park area.
Any activity which could cause destruction,
damage or change to the protected area or any
part thereof or that could lead to lasting distur-
bance, is prohibited. Permitted activities are ex-
plicitly stated in Section 6 of the National Park
Law. The kind and location of activities is primari-
ly determined by the zoning concept. was given the status of state law in 1999. The Figure 1.4. The Schleswig-
Niedersachsen National Park is delimited on the Holstein National Park

Hamburg mainland by the dikes, dunes, geest or estuaries

The Hamburg Wadden Sea National Park was es-
tablished in 1990 by state law. The National Park
covers the Hamburg part of the Wadden Sea in-
cluding the islands Neuwerk, Scharhörn and Ni-
gehörn and is approximately 100 km2. The Na-
and on the seaward side by the islands and in-
cludes the uninhabited parts of these islands. The
disputed area in the Ems-Dollard including the
German part of the Dollard, the Jade, Weser and
Elbe shipping lanes are not included in the na-

Wadden Sea QSR 1999

26 Chapter 1. Protection and Management
tional park. The National Park covers an area of
approximately 2,400 km2 which is divided into
three zones.
Zone 1- the core zone - covers 54% of the
total area and includes the ecologically most val-
uable areas. All activities which destroy, damage
or change the National Park or its component parts
are prohibited. Public admittance is prohibited
with the exception of admittance on assigned
paths and routes. Exceptions have been made in
section 6-9 of the Order for certain activities re-
garding farming, hunting, fishing and access. In
addition, a list of accepted utilization in various
parts of the core zone beyond the ones mentioned
in section 6-9 has been annexed to the Order.
Zone 2 - the intermediate zone - covers 45%
of the total area. All activities which change the
character of the Wadden Sea including the islands,
in particular the scenic value or nature impres-
sion, are prohibited. A list of specifically prohibit-
ed activities is annexed to the Order. Admittance
is allowed to this zone with the exception of the
salt marshes during the breeding season for birds
from 1 April until 31 July.
Zone 3 - the recreational zone - covers about 1%
of the total area. Only recreational activities and
health resort activities are allowed.
Bremen
The Wadden Sea area of Bremen at Bremerhaven
is about 110 ha. In connection with the extension
of the container terminal in the mid 1990s, na-
ture restoration measures have been implement-
ed to maintain and improve the ecological state
of the area. Currently the area is not subject to
conservation measures.
The remaining part of the German Conserva-
tion Area comprises the nature reserve in the Ger-
man part of the Dollard designated in 1980 and
the nature reserves on southern river banks of the
Elbe. Further, hereto, there are several nature re-
serves outside the Conservation Area on the
Schleswig-Holstein islands and the mainland
within the Wadden Sea Area with a status com-
parable to the Conservation Area.
The Wadden Sea Area outside the Conserva-
tion Area consists of offshore areas, the major
shipping lanes, the estuaries and the islands, hal-
ligen and adjacent Ramsar sites and Special Pro-
tections Areas under the Bird Directive in the Sch-
leswig-Holstein section.
The tidal areas, dunes and salt and brackish
marshes irrespective of whether they are within
or outside the Conservation Area are protected in
the framework of the general biotope protection
regime according to the Federal Nature Conser-
Wadden Sea QSR 1999
vation Act respectively the State Nature Conser-
vation Acts.
The regulation of navigation in the German
Wadden Sea Conversation Area is covered by an
order issued by the Federal Ministry of Traffic in
1992 and amended in 1995 because of the com-
petency of the federal government for such mat-
ters related to so-called federal waterways. The
Navigation Order for the Conservation Area order
was prolonged in 1997.
According to the Order, the majority of seal
nursing places and birds’ moulting and staging
areas in the German part of the Wadden Sea Area
are protected as seal and bird reserves, where ship-
ping is prohibited part of the year or the whole
year. They do not cover the whole core zones area.
Shipping is prohibited, where appropriate, in gen-
eral in the core zone only during the six hours of
low tide.
In the core zone, the allowed maximum speed
outside the navigation routes is 8 knots and in
the navigation routes 12 knots, in the remaining
area outside the navigation routes, 12 knots and
in the navigation routes 16 knots. The said speed
limits do not affect the two vessels which have
been operational before the amendment of the
Order, for such ships the maximum allowed speed
is 24 knots.
1.3.3 The Netherlands
The Dutch Wadden Sea Conservation Area is the
area subject to the Wadden Sea Memorandum.
The Memorandum is a national physical planning
document, which is the basis for all further plan-
ning, conservation and management for the area
of all state, regional and local authorities. The
planning document is subject to parliamentary
endorsement. The area covered by the Memoran-
dum is delimited by the dikes and dunes includ-
ing those areas of the islands which are regularly
flooded. It covers about 2,400 km2. The first Na-
tional Wadden Sea Memorandum was issued in
1980 and amended in 1993. A new Memorandum
is presently being elaborated. It will be valid for a
10 year period starting in the beginning of the
coming decade.
In 1980/82 a major part was designated as na-
ture reserve (State Nature Monument and Pro-
tected Natural Monuments) by Executive Order
covering an area of about 60% of the Memoran-
dum Area. The nature reserve designation was
extended in 1993 by a supplementary Executive
Order to cover about 95% of the area. The ship-
ping lanes, areas adjacent to the inhabited parts
of the islands and the disputed area in the Ems-

Dollard are not part of the nature reserve.
The Memorandum lays down policy guidelines
for the different activities in the Wadden Sea. The
Executive Order for the nature reserve determines
that, without permission, it is prohibited to un-
dertake activities which disturb, damage or de-
stroy the protected area including its flora and
fauna or its scientific importance.
The Memorandum, in combination with the na-
ture reserve stipulations, enables the discrimina-
tion between three zones of protection and man-
agement. Specific protection zones are closed for
public admittance for the whole or part of the
year. This area includes areas important for seals
and breeding areas for birds and constitutes about
7% of the Conservation Area. The zones can be
designated in different places each year.
The remaining part of the nature reserve in
which the provisions of the Nature Conservation
Act apply constitutes a second zone. The area cov-
ers some 88% of the Conservation Area.
The area outside the nature reserve, but within
the Conservation Area as indicated above, is the
third zone where other regulations than the Na-
ture Conservation Act apply. The area constitutes
the remaining 5% of the Conservation Area.
The three-zone system is, however, more an ex-
pression of the legal status of the areas than a
specific regulation of the activities. The policies
entailed in the Memorandum, the legal stipula-
tions of the Nature Conservation Act, the man-
agement plan for the Conservation Area and oth-
er government plans establish a complex activi-
ty-zoning system which addresses each activity
individually. An example of such a zoning scheme
Chapter 1. Protection and Management 27
is the recreational zoning system which, to a large
extent, follows the above zoning, namely a zone
in which recreation is basically prohibited, a zone
in which recreational activities are subject to reg-
ulation and finally a zone in which recreation is
only subject to marginal regulations.
The Wadden Sea Area outside the Conserva-
tion Area embodies the vast parts of the islands
and the offshore zone. The policy for the offshore
zone is formulated in the North Sea System Man-
agement Plan which stipulates the objective that
the coastal zone (up to the 20-m isobath) and
the Frisian Front - Klaverbank area obtain a spe-
cial level of protection. This will be achieved by
implementation of stricter regulations for con-
tamination and disturbances by certain human
uses in order to contribute to the protection, re-
covery and development of the entire ecosystem
North Sea.
As to the islands, the large majority constitutes
core areas within the national ecological network.
Core areas are areas with (inter)nationally impor-
tant ecosystems and the national policy is to be
directed towards sustainable protection of the
natural values. Furthermore, there are several na-
ture reserves on the islands already providing pro-
tection of such values.
Finally, the Wadden Sea Area up to 1 km off-
shore has been brought under provincial and mu-
nicipal jurisdiction. A regional and local planning
system has been established in accordance with
the general objective of the Memorandum. Local
development plans are legally binding for indi-
vidual citizens.
Wadden Sea QSR 1999
28 Chapter 1. Protection and Management

Wadden Sea QSR 1999