0165-B2
Dr. Yusuf GUNES 1, O. Devrim ELVAN 2
Wetlands are essential parts of ecosystems and biodiversity. Their importance for biodiversity and ecosystem are critical. The plants and animal species mostly depends solely on wetlands in terms of habitat necessity. At the global level, at least in the developed world, since 1970's the wetland policy pursued on has been shifted from degradation (by either filling or draining) and conversion to protection and enhancement. In Turkey it is hard to examine the same policy development. Degradation and conversion have continued in the shadow of the state wetland policy, whereas some efforts have been made particularly since 1993 (Recognizing Ramsar International Convention on Wetland Protection as a part of environmental law) by both some state agencies and private conservation organizations.
In this article, wetland degradation and conversion and their impacts on species extinction, in light of Turkish Wetland Policy trend and statutory controversies, are discussed. As an introduction, the term "wetland" is defined. And Turkey's wetlands are introduced as well. Then, the importance of Turkish wetlands is emphasized as a habitat of several plant and animal species and being on the migration path of several bird species. In the third part, wetland policy trend and statutory controversies are discussed. In the fourth section, the consequences of such a controversy are discussed. As a conclusion, a broad legislative revision is required to get rid such statutes as work against wetland protection off. Also, only an agency is authorized to manage and administer each wetland. If it is not possible, the cooperation among the agencies must be established. Consequently, a new wetland policy must be defined that can solve all such problems and controversies mentioned heretofore.
Wetlands are complex ecosystems and occupy the zone between permanently wet aquatic ecosystems and dry terrestrial ecosystems. Since the water occupies a wetland is not permanent, this zone varies considerably in the associated climate and weather conditions, vegetation and soil characteristics, there is not a single scientific and legal definition of the wetland that everyone agreed on. Hence, a definition that satisfies both scientists and politicians and absolutely reflects the portray of wetlands is not straightforward (Cubbage et al., 1993). On the other hand, there exists some legal and scientific definitions, provided by some prominent entities, that are widely used for different purposes (Heimlich et al. 1998).
Besides that, a widely recognized and used definition is given by the Ramsar International Convention3 on Wetlands as Waterfowl Habitat. According to article 1 of that convention wetlands are areas of marsh, fen, peatland or water, whether natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish or salt, including areas of marine water the depth of which at low tide does not exceed six meters.
In light of the above definitions of wetlands, three main features are considered to be essential for an area to be delineated as a wetland. These are wetland hydrology (the existence of water), hydric soils (wet or saturated soil permanently or seasonally), and vegetation adapted to wet or saturated soils.
Since Turkey has signed Ramsar Convention in 1994, the same definition has been accepted and been used delineating wetlands. Considering this definition as a reference to wetland delineation and outlining wetland boundaries, total area of wetlands varies from one agencies estimation to the other agencies inventory. According to an inventory study conducted by the Association of Natural Life Conservation total wetland area is about 1.2 - 1.5 million hectares. On the other hand, State Water Department (DSI) predicts that Turkey has almost 1 million hectares of wetlands by the year 1998. But, wetlands fall along the rivers and are smaller than 5 hectares in size are excluded from that inventory. Almost all wetlands are owned by the state, meaning that private individuals do not have any wetlands except small ponds within their farmlands or backyards (Ozesmi et al. 2001).
The most prominent and well known wetlands of Turkey are Lake Manyas (called Bird heaven), Sultansazligi, Lake Burdur, Goksu River Delta, Lake Seyfe and Salt Lake. Several species survives in wetlands and in this sense, wetlands are vital for those species. For example, Lake Burdur provides a critical habitat for hundreds of thousands of birds (Erdem 1994). More importantly, 75% of all white - headed duck (Oxyura leucocephala) spends all winter in this wetland. Since white - headed duck is a kind of birds that is both carnivorous and herbivorous, several plants and 250 kinds of insects have been living in that wetland. Such an ample plants and insects supply rich food for that duck. So that, Lake Burdur has a vital importance for those species. Lake Manyas (also called Bird heaven) consists of a special area (bottomland hardwood forest) covering 64 acres of total lake surface, which is the first national park announced because of its being critical habitat for more than 260 bird species in Turkey. It is quite possible to witness more than 3 million birds at a time. When the water level increases, the flooded areas are enlarged and the waterfowl can breed without human intervention and predator attacking (Ertan et al. 1989).
On the other hand, the area of converted or degraded wetlands is almost the same in size as current wetland area available, meaning that Turkey has lost almost half of the original wetland areas during the last century (Ozesmi 2001).
The distribution of wetlands is heterogeneous, meaning that most of the wetland areas are found North Western, South Western, Southern region of Turkey and Central Anatolia. Particularly, Marmara region (along with Marmara Sea), Upper Mediterannean Sea Region (Called lake region), and Salt Lake and its vicinity have more wetlands than the other regions. This distribution may be explained by geological characteristics of those areas (Cevre Bakanligi 1996).
Total wetland area occupies almost 2% of total lands of Turkey4. Although this amount is to be said too low, Turkey is the richest country of all Europe and Middle East in terms of having had total wetland areas except previous Soviet Union (Ozdonmez et al. 1996).
Wetlands are the habitat of several animal and plant species in Turkey. The importance of wetlands arises from as being habitats for several plant and animal species particularly waterfowls. Some waterfowls spend their whole life in wetlands. Turkey's wetlands are notable as ample food sources, breeding, spawning, resting, migration, and wintering habitat for several waterfowl species, shorebirds and many other bird species.
Besides that, Turkey's wetlands are vital for some endangered bird species. For example, Pygmy cormorant (Phalacrorax pygmeus), Little bustard (Otis tetrax) are among the species whose life is in danger and only survive in those wetlands.
Also, wetlands are an important part of complex and diverse ecosystems. They help regulating and maintaining hydrologic regime in lakes and rivers. Wetlands maintain water quality, reduce sediment loads and prevent water from soil erosion.
The other importance of Turkey's wetlands arises from their being on the migration path. In other words, two of the major migration roads pass through the Turkey. In fall migratory birds move from North to South following these two paths and during the Spring they move from South to North through the same path. During migration, hundreds of bird species spend their time in Goksu River Delta. Consequently, Goksu River Delta is critical habitat for migratory birds and provides also resting and wintering area and food for them.
Bio diversity is another characteristics of Turkey' wetlands. Conserving wetlands helps maintaining the bio diversity of our Nation's rich biological heritage and the integrity of aquatic ecosystems.
In addition to, wetlands have economic and non economic values. There are several communities. Harvesting grass and rush is a source of income for the communities settled on Kizilirmak Delta. Some half a million dollar income is raised from that economic activity. Also, commercial fishing, hunting, and eco tourism are important income sources of several communities. Besides that, altruistic benefits are available for public in some wetlands. For example, in Bird heaven, there some special places in which people can watch waterfowl.
Prior to Turkish Republic, the Ottoman Empire Era, the Empire did not have pursued a particular wetland policy, meaning that there was not any particular wetland policy to pursue. Wetlands had been considered mostly as public domain. Property rights on wetlands had not been differed from the property rights on forests. Lakes, stream waters used to be considered public domain and could be exploited by everybody. Private ownership on wetlands could be established by converting them into farmland under the provision of getting permit from the Khan. According to Land law of 1858 (article 123), the one who got permit from the Khan and filled or drained wetland within 3 years could own those areas.
The same trend had been seen in the Turkish Republic Era, meaning that initially there had been not a particular wetland policy that the state followed up. Some of the reasons might be asserted are that the importance of wetlands were not perceived well, were seen as the source of hay fever and the fledgling state had not have a particular natural resources policy that might consist wetlands. On the other hand, the civil law and environmental legislation have some regulations that have several important controversies. This means that, some statutes such as Turkish Civil Code has some regulations that help maintain wetlands. On the other hand, there are some other statutes such as the Statute on Coastal Zone and Shore Line has some important articles that coerce the agencies drain and fill some wetlands. Therefore, it can definitely said that Turkish Republic does not have a strict and a well defined wetland policy. Even after having been a contracting parties of International Ramsar Convention in 1993, Turkey have not provided enough protection and have not reached a satisfactory protection level.
Let us explain that how and why Turkish environmental legislation is controversial. Turkish Civil Code consists an article (article 667) that requires wetland drainage by any way, either fill or drain.
The Statute of Cadastre and Deed has several provisions that requires the state fill small pondes and if a private entity does this job, the statute let them own those lands.
Article 8 of Farmland Disposing Statute of 4783 the lands that had been disposed to farmers would be former wetlands drained and filled by the state.
Article 13 of the Village Statute of 442 authorized the officers to reclaim small lakes and ponds within the boundary of said village in order to prevent the community from hay fever.
According the Settlement Statute of 2510 dated 5 May 1934 (article 8) the lands allocated to the villagers would be the ones obtained by draining and filling wetlands and lakes.
As mentioned above, wetlands were considered to be the source of hay fever and malaria, one of the policy goal or the programs implemented had aimed to destroy wetlands as being seen the habitat of contagious diseases. To legitimate such activities a law called General Health Statute of 1593 dated 1946 was passed to drain several wetlands.
Even in 1950 a special statute (The Statute on Draining and Filling Wetlands of 5516 dated 1950) was passed for the purpose of draining and filling wetlands and that activity was given an official duty to several state agencies.
Article 2 of the Organic Law of the General Directorate of Village Services the Directorate has been given a particular duty to ameliorate and drain peatland to enlarge agricultural lands.
In addition to, one of the first duty given by the article 1 of the Organic Law of the General Directorate of the State Water Department dated 1953 is to drain and fill wetlands to fight some contagious diseases such as hay fever and convert those wetlands to farmlands.
In light of the above summary of several related environmental statutes it is quite obvious to see that the state wetland policy pursued until 1980's has been toward reducing wetland areas by draining and filling. The main goals of such a policy are to fight against contagious diseases, to obtain more farmlands and to provide drinking and irrigation water.
In contrast to above statutes, the policy has became shifted, at least slightly, toward protecting ecosystem, bio diversity, wildlife, and preventing the environment from pollution. To do so, several statutes has been enacted since then. Some prominent statutes can be summarized as follow;
Article 1 of the Environmental Statute of 2872 dated August 11, 1983 it is essential to preserve the natural areas in which several plant and animal species have been living and such areas as having scenic and natural beauties.
More over, National Parks Statute of 2873 dated 1983 has some special regulations. Article one of the statute, the natural areas that have important values and scenic beauties at the national and international level have to be reserved as national park, natural monument, natural preserving areas, and natural parks. Depending upon the provision of this statute, Sultan Sazligi and Bird Heaven National Park were established.
The Organic Statute of the Ministry of Culture and Tourism (article 12) has stated that the natural resources will be protected to increase tourism potential of those areas.
The Organic Statute of the General Directorate of the Forest of 3234 dated 1985 (article 2), The General Directorate of the Forestry has been authorized to manage and maintain national parks, natural monument, natural parks, natural preservation areas, and recreational areas.
Moreover, Turkey is one of the contracting parties of Ramsar International Convention on Wetlands since 1993. By having put its signature Turkey has guaranteed to protect several wetlands that have the criteria set by the same convention. Under the provision of Ramsar Convention of 1971, Lake Burdur, Goksu Delta, Lake Manyas (Bird Heaven), Sultan Sazligi (Sultan Marshes), and Lake Seyfe have been given a special statute to pay more attention to maintain and protect them (Ozden 1995).
In light of the above discussion, since all the statutes mentioned above have been being implemented, the wetland policy Turkey has been pursuing is ambiguous and vague, meaning that some statutes let the related state agencies destroy wetlands by draining and filling, whereas some other state agencies have been authorized to maintain and enhance wetland areas. Such a controversy, first of all arises from not having been well defined and outlined wetland policy and the inconsistencies among state agencies and uncoordinated relations among the mentioned agencies.
The controversies of the wetland statutes have several consequences that work against wetlands and have kept reducing their quality and quantities. All the statutes mentioned above have been being implemented, meaning that currently all the statutes are in force. Therefore, to implement some of those statutes leads to destroy wetlands, whereas some of them help maintaining wetlands. Under the provisions of the Ramsar Convention several wetlands have been protected by given a special management statutes. In contrast, the General Directorate of State Water has been authorized to fill and drain wetlands. Moreover, such an activity has been born by the Agency as an obligatory duty. Such a controversy refers that Turkey does not have pursued a well defined wetland policy yet. The other important controversy is that more than one agency have authorized on the same wetland area. Therefore, an administrative overlap comes out. Depending upon the lacking of collaboration among those agencies it is quite obvious to watch that every conservation project will fail. As a solution, a broad legislative revision is required to get rid such statutes as work against wetland protection off. Also, only an agency is authorized to manage and administer each wetland. If it is not possible, the cooperation among the agencies must be established. Consequently, a new wetland policy must be defined that can solve all such problems and controversies mentioned heretofore.
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1 Dr. Yusuf GUNES Istanbul University, Forestry Faculty, Department of Forestry Law, 80895 Bahcekoy / Istanbul Turkey. Tel: + 90 (0212) 226 11 00 ext: 315, email: [email protected]
2 Osman Devrim ELVAN Istanbul University, Forestry Faculty, Department of Forestry Law, 80895 Bahcekoy / Istanbul Turkey. Tel: + 90 (0212) 226 11 00 ext: 316, email: [email protected]
3 Convention on Wetlands of International Importance especially as Waterfowl Habitat, Ramsar, 2.2. 1971 as amended by the Paris Protocol of 3.12.1982 and the Regina Amendments of 28.5.1987.
4 Total area of Turkey is about 78 million hectares. Comparing with this amount to all wetlands, which is almost 1.5 million hectares, only about 2% of total lands of Turkey is classified as wetlands.