2014 Update Report. Loggerhead Sea Turtle Conservation Monitoring in Fethiye and Patara SPAs, Turkey by MEDASSET

Strasbourg, 25 August 2014 [files16e_2014.docx]

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CONVENTION ON THE CONSERVATION OF EUROPEAN WILDLIFE AND NATURAL HABITATS

Standing Committee 34th meeting Strasbourg, 2-5 December 2014 __________

Specific Sites - File open

Presumed degradation of nesting beaches in Fethiye and Patara SPAs (Turkey) REPORT BY THE NGO

Document prepared by Mediterranean Association to Save the Sea Turtles (MEDASSET) This document will not be distributed at the meeting. Please bring this copy. Ce document ne sera plus distribué en réunion. Prière de vous munir de cet exemplaire.

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UPDATE REPORT BY THE NGO Marine Turtle Conservation in the Mediterranean

LOGGERHEAD SEA TURTLE (CARETTA CARETTA) CONSERVATION MONITORING IN FETHIYE AND PATARA SPAs, TURKEY 25 August 2014 Document presented by MEDASSET - the Mediterranean Association to Save the Sea Turtles for the 34th Standing Committee Meeting of the Contracting Parties to the Convention on the Conservation of European Wildlife and Natural Habitats (Bern Convention)

Contents:  LOGGERHEAD SEA TURTLE (CARETTA CARETTA) CONSERVATION MONITORING IN PATARA SPA, TURKEY  LOGGERHEAD SEA TURTLE (CARETTA CARETTA) CONSERVATION MONITORING IN FETHIYE SPA, TURKEY

LOGGERHEAD SEA TURTLE (CARETTA CARETTA) CONSERVATION MONITORING IN PATARA SPA, TURKEY MEDASSET hereby submits an update report to the second Bureau Meeting of the Bern Convention (September 2014) on the conservation status of sea turtle nesting beaches in Patara Specially Protected Area (SPA) in Turkey. Contents:  BACKGROUND  UPDATE  CONCLUSION  DOCUMENTS SUBMITTED TO THE BERN CONVENTION  MAPS & PHOTOS  ANNEX - PRESS

BACKGROUND For a full description of the site and case background see MEDASSET 2012 Complaint Patara Specially Protected Area (SPA) is a unique archaeological site of international importance and a protected nature site that includes coastal forest, wetlands, pristine sand dunes and a 12 km important loggerhead sea turtle (Caretta caretta) nesting beach (see Fig. 1-2 for location and SPA zoning). Threats to Patara were first raised by MEDASSET in 1988. In 1996 a follow up Case File was opened and Recommendation No. 54 was adopted. The File was closed in 2001; MEDASSET continued to monitor the conservation status of Patara and submit reports to the Standing Committee. In September 2012 MEDASSET submitted a complaint (2012/9) on a large scale summer house construction project within the Patara SPA and on the failure of the current land use and management

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plan to secure adequate protection for both the natural and archaeological site. As described in the complaint, the project will impact the loggerhead nesting population, by increasing disturbances and habitat damage. The complaint also presents an interpretation of the multiple changes to the zoning and the management plan of Patara SPA, which made construction within the the 3rd Degree Archaeological protected area possible, in disregard of expert opinion provided by archaeologists and planners since 1978. The original plan did not allow any new permanent constructions in the 3rd Degree Archaeological protected area apart from those necessary to cater to the needs of the small village and envisaged the development of low-impact, small-scale tourism facilities, with the aim to maintain cultural, historical, archaeological and natural components of the site. In our view this large scale summer house construction project within Patara SPA is incompatible with the Bern Convention Recommendations on the conservation and management of Patara beach: No. 12 (1988), No. 24 (1991), No. 54 (1996) and No. 66 (1998). No information on an EIA or carrying capacity study prior to the approval of the project is available. To our knowledge the approval of the construction project has not been matched with an updated plan to manage and mitigate the impacts of the increased users of the protected area. In 2013, 27 villas and swimming pools were completed (by Ozlenen Deniz Housing Cooperative) and inadequate management of the nesting beach was documented (T-PVS/Files 2013 9). In December 2013, the Bern Convention Standing Committee decided to open a case file (together with the complaint regarding Fethiye SPA) to address the complaint and to encourage Turkish authorities “to work towards greater accountability, cooperation and responsibility”. No information, response or update was provided by Turkish authorities before or during the Standing Committee Meeting.

UPDATE In April 2014 the government submitted a report (T-PVS/Files 2014 25) stating that the summer house development is “2 km away from the beach” and at the “opposite direction” of the 1st Degree archaeological site. In our view however the development site is linked to both the beach and the archaeological site and cannot be viewed as a separate or isolated section of the SPA. To the best of our knowledge, the development is at least 1km from the beginning of the sand dunes and 1.5 km from the nesting site. In addition the government report does not address the concerns raised in MEDASSET’s complaint regarding an EIA, carrying capacity study and management of the associated impacts related to the increased users and businesses that will result from this development. Articles in the Turkish press in February 2014 (Annex 1) reported that KUMKO Housing Cooperative will commence construction of 150 villas. HITIT Housing Cooperative stated that 122 villas will be constructed on the Cooperative’s lands within the protected area and added that their request to exchange these lands for lands outside the protected area was not accepted by the authorities. According to the press articles, in total 300 villas will be built by the three Cooperatives inside the protected area (see blue area in Fig. 2). Constructions by the cooperatives inside the 3rd Degree Archaeological sites continued until April 2014. KUMKO constructed the foundations of new villas (Fig. 3). The cooperatives are expected to resume construction works in October 2014. As regards the status of the nesting beaches, the following conservation problems and developments were documented:   

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Lack of signage: there are no information signs at Özlen beach, at Çayağzı beach and at the Patara beach entry point via the sand dunes (which is the closest entry point for the new villas – see Fig. 2). The only available sign is located at the Patara beach eastern main entrance. Inadequate beach furniture management: despite several requests by the local sea turtle research team, a business at the Patara beach eastern main entrance does not collect its sunbeds at night. Beach litter was documented as per every year. Çayağzı beach is especially impacted as it is near the outlet of Eşen river that transports discarded pesticide bottles onto the beach and into the sea. A large part of the SPA consists of agricultural area (greenhouses), pesticides are used and agricultural waste and runoff is poorly managed. Fishing nets are used close to the shore during the nesting and hatching season, posing a threat to adult turtles and hatchlings. The road to Çayağzı beach is being asphalted, providing easier access to the beach.

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In Çayağzı beach, close to the Eşen river outlet, a new beach bar has been established (Fig. 4-5). Pink Beach Club belongs to Prima Donna Hotel (located to the east of the 1st Degree Protected Area, within the SPA). The business owners contacted MEDASSET providing information about its operation. They reported that the business: o operates on the sand dunes; the sand was flattened, there was no sand digging or extraction o cleaned the beach mechanically o includes a prefabricated building 150 m from the sea shore that consists of a bar, toilets and dressing rooms, an open 25x16 m deck with a 19x7 m detachable acrylic swimming pool that uses an ozone regulator producing no chemical waste. A 33 ton capacity sealed depot gathers toilet effluent and shower water to be transported to the municipal waste management plant. o installed a boundary fence to control visitor and vehicle access to the beach o placed information signs 40 m from the seashore indicating the nesting zone o left the 40 m beach area from the coastline free of beach furniture and placed walkways, cabanas and sunbeds on the rest of the beach o installed a portable lifeguard tower 50 m from the seashore o uses an electric generator placed 175 m from the coastline which is daily switched off at 8pm, the time that he bar closes down each day. No night lights are used. o uses a hovercraft that launches from the land. No jetty or dock was constructed at sea. o collaborates with the local sea turtle research team. Though invited by the business owners, MEDASSET experts were unable to visit and assess the impacts of the above infrastructure and business operation in 2014. Articles in the local press report that the Head of the Kaş Tourism Promotion Association has complained about the beach bar’s legality and suitability as regards Patara natural and archaeological heritage site (see Annex 1). It is unclear if the business has acquired all legal permits and if an impact assessment was carried out under the supervision of conservation authorities, especially as regards impacts on sand dunes and nesting. It is also unclear if there are official plans to allow business to operate and place infrastructure on the rest of Patara’s protected sea turtle nesting beaches and sand dunes.

CONCLUSION Once the 300 villa development is completed in the 3rd Degree Archaeological site of the SPA the summer population will increase by at least 120% (current population during the summer being ca. 1000). It is evident that the pressures and disturbances presently occurring will increase likewise and that the SPA is already inadequately managed and protected. MEDASSET calls upon the Turkish authorities to:  

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Address the concerns raised in MEDASSET’s complaint regarding the villa construction project, the associated impacts, lack of an EIA and carrying capacity study. Revise the SPA management plan and implement, before May 2015, a comprehensive and updated action plan that will include measures aiming to solve the documented conservation problems on the nesting beaches and sand dunes, strengthen SPA management and ensure adequate protection of the natural and archaeological site. Allocate the necessary financial and human resources that will ensure enforcement of regulations and measures. Inform about the legality, permission procedure, EIA and operation conditions of the new beach business in Çayağzı sand dunes and sea turtle nesting beach (near the Eşen river outlet). Inform about plans to allow more beach business to operate on the sand dunes and sea turtle nesting beaches.

We call upon the Bern Convention Standing Committee to:   

Discuss the case file at the 34th Meeting of the Standing Committee. Consider whether the construction of 300 summer houses within Patara SPA is compatible with the Recommendations on the conservation and management of Patara beach: Recommendations No. 12 (1988), No. 24 (1991), No. 54 (1996) and No. 66 (1998). Encourage Turkish authorities to provide further information on the case as rewuested above

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Encourage and assist Turkish authorities to implement the updated action plan stated above, in order to ensure that the existing Recommendations are adhered to and that any development within Patara is sufficiently managed and is compatible with its protected status. Conducting an on-the-spot assessment in summer 2015 to collect information needed in order to address the complaint regarding the summer house development, the conservation problems and new developments on the nesting beaches, in the case of lack of reporting or lack of action on behalf of the Turkish authorities on the matter.

DOCUMENTS SUBMITTED TO THE BERN CONVENTION Available online at: http://medasset.org/en/resource-centre/publications/technical-reports-positionpapers-and-policy-recommendation

T-PVS (96) 53A: MEDASSET: Conservation of loggerhead turtles, Caretta caretta, and construction projects on the beach of Patara, Turkey. T-PVS (96) 53: MEDASSET: Conservation of loggerhead turtles, Caretta caretta, and construction projects on the beach of Patara, Turkey. (Brief Update on action to “Save Patara” 1989-1996). T-PVS (97) 45: MEDASSET: Marine turtle conservation in Patara, Turkey. T-PVS (98) 49: MEDASSET: Marine turtle conservation in Patara, Turkey. T-PVS (99) 69: MEDASSET: Caretta caretta in Patara, Turkey. T-PVS (2000) 57: MEDASSET: Conservation of the marine turtle, Caretta caretta, in Patara Turkey. T-PVS (2001) 72: MEDASSET Review of nature conservation situation in Patara SPA, Turkey. T-PVS/Files (2002) 14: MEDASSET Update report and review of nature conservation measures in Patara SPA, Turkey. T-PVS/Files (2003) 12: MEDASSET Update report and review of nature conservation measures in Patara SPA, Turkey. T-PVS/Files (2004) 13: MEDASSET Update report and review of nature conservation measures in Patara SPA, Turkey. T-PVS/Files (2005) 09: MEDASSET Update report and review of nature conservation measures in Patara SPA, Turkey. (No T-PVS reference). MEDASSET. 2007. Update report and review of nature conservation measures in Patara SPA, Turkey. (No T-PVS reference). MEDASSET. 2009. Update Report and review of nature conservation measures in Patara SPA, Turkey. (No T-PVS reference). MEDASSET. 2012. Complaint to the Bern Convention: construction of summer houses within Patara SPA, Turkey. T-PVS/Files (2013) 09: MEDASSET Update on loggerhead sea turtle (Caretta caretta) conservation monitoring in Patara SPA, Turkey. T-PVS/Files (2014) 16. MEDASSET. March 2014. Update on Loggerhead sea turtle (Caretta caretta) Conservation Monitoring in Patara SPA, Turkey.

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MAPS & PHOTOS

1 : SPA Boundary

Fig. 1. Patara SPA nesting beaches : Patara is No. 1, Çayağzı is No. 2 (Esen River outlet at the nonwestern edge of this section)) and Özlen beach is No. 3

x x Fig. 2. Satellite Map of SPA. Construction site pinpointed with white arrow, within the 3rd Degree Archaeological Site which is area in blue. Area in yellow is 1st Degree Archaeological Site; red line shows SPA borders. Red cross shows location of beach entry point which will be used by villas, where no information sign is present. The green cross shows main beach entry point. Yellow cross shows new beach business location.

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Fig. 3a-b. Patara SPA. August 2014. Inside the 3rd Degree Archaeological site, KUMKO Housing Cooperative constructed the foundations of new villas next to Ă&#x2013;zlenen Deniz Housing Cooperative summer houses that were completed in 2013.

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Fig. 4a-c. Patara SPA. April-August 2014. In Çayağzı beach a new beach bar “Pink Beach Club " has been established on the sand dunes close to the Eşen river outlet. Top to bottom: View of beach business from west to east (August). Beach furniture in the foreground, beach club with swimming pool in the background (April).

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Fig. 4a-c. Patara SPA. 2014. In Çayağzı beach a new beach bar “Pink Beach Club " has been established on the sand dunes close to the Eşen river outlet. Top to bottom: Beach cleaning in front of construction area in April 2014 (Source: www.odatv.com). Swimming pool (Source: www.hotelprimadonna.com).

ANNEX 1 - press Excerpt and rough translation of press article, published in http://haber.sol.org.tr Patara’da büfe izniyle ‘beach club’a turizmci tepkisi 17 - 04 - 2014 Antalya’nın Kaş ilçesinde bulunan dünyaca ünlü Patara kumsalı, 18 kilometrelik uzunluğuyla Akdeniz’in en iyi korunan kumul alanlarından biri olarak gösteriliyor. Ancak ÖÇK Bölgesi niteliğindeki deniz kaplumbağalarının üreme ve yuvalama alanı olan Patara kumsalı son yıllarda insan kaynaklı kullanım baskısıyla karşı karşıya. Bunun en son örneği de Eşen Çayı’nın denize döküldüğü Çayağzı mevkiinde büfe izniyle yapılan beach clup. Büyük Şehir Yasası ile kapatılan Ova Belediyesi’nin projelendirerek özel bir şirkete ihaleyle devrettiği büfe görünümlü tesise tepki gösteren Kaş Turizm ve Tanıtma Derneği Başkanı Dr. Munise B. Ozan, “Koruma altında olan bir alanda böyle bir girişimin doğru olmadığını düşünüyoruz. Bu konuda dernek olarak da girişimlerde bulunacağız" dedi.

Reactions against ‘beach club’ in Patara amid ‘kiosk permission’: 17 - 04 - 2014 Latest human intervention to Patara beach is the construction of a beach club with a ‘kiosk permission’, at Çayağzı where the river Eşen meets the mediterranean. Dr. Ozan stated that Ova Municipality, amid losing its function by the Metropolitan Law, still authorized a private company to build a beach club in the middle of the protected area, thus they would press charges against the intervention.

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Turizm Derneği Başkanı sert tepki gösterdi Patara kumsalında inşası süren ve Nisan sonunda açılışının yapılmasının planlandığı öğrenilen tesisten bölgeye yürüyüş yapmak için giden turistlerin kendilerine başvurmaları sonucu haberdar olduklarını dile getiren Kaş Turizm ve Tanıtma Derneği Başkanı Dr. Munise Büyükkaplan Ozan, "turistlerin bize getirdiği fotoğrafları görünce şoke olduk. Çünkü burada inşa edilen tesisin, Konyaaltı ya da Antalya'daki plaj işletmelerinden hiç bir farkı yok. Deniz kaplumbağalarının yuvalama alanı olan kumsalda büyük bir yer işgal edilmiş. Koruma altında olan bir alanda böyle bir girişimin doğru olmadığını düşünüyoruz. Bu girişim turistlerin de çok büyük tepkisini çekiyor. Bu konuda dernek olarak da girişimlerde bulunacağız" dedi. ‘Antalya'nın batısında doğayı tahrip eden turizm istemiyoruz’ Girişimin iyi niyetli olabileceğini ancak yer seçiminin son derece yanlış olduğunu söyleyen Ozan, "dünyanın neresine giderseniz gidin bu tür alanlarda böylesi girişimlere izin verilmez. Elbette bu tür alanlarda insanların ihtiyaçlarını karşılayacak üniteler yapılabilir ancak burada sadece büfe değil, yüzme havuzu bile bulunan koskoca bir plaj işletmesi yapılıyor. Biz Antalya'nın batısındaki ilçelerle birlikte doğayı tahrip eden turizm girişimlerine karşı ortak bir tavır geliştiriyoruz. Kentin doğusunda yapılan yanlışları bu bölgede yinelemek istemiyoruz. Alanya, Side ve Manavgat olmak istemiyoruz. Buralarda yapılan yanlışları biz de yapmak istemiyoruz. Bu bölgede doğayla uyumlu ekoturizmin öne çıkarılması için çaba harcıyoruz. Bu konuda yetkililere de büyük bir sorumluluklar düşüyor. Bu alanın incelenip izin verilen çerçevenin dışına çıkılıp çıkılmadığının denetlenmesini ve eğer verilen izinlerin dışına çıkılmışsa gereğinin yapılmasını istiyoruz. Bu konunun takipçisi olacağız" diye konuştu. Bakanlığın izniyle inşa edilen tesis Nisan sonunda açılacak Konuyla ilgili bilgisine başvurduğumuz yetkililer, Patara kumsalında inşa edilen tesisin Çevre ve Şehircilik Bakanlığı’nın izniyle yapıldığını belirttiler. 30 Mart’ta kapatılan Ova Belediyesi’nce geçtiğimiz yıl hazırlanan tip projenin Bakanlıkça da onaylanmasıyla büfe olarak inşasına başlanan tesis, Ova Belediyesi tarafından yapılan ihaleyle özel bir şirkete devredildi. Çeşitli plaj etkinliklerinin yapılması planlanan tesisin Nisan sonunda açılışının yapılacağı belirtiliyor.

Ozan further said: ‘We heard about the construction project through some visitors at the beach. We were shocked after seeing the photos that the tourists have taken; the thing looked just as any other establishment in Antalya or Konyaaltı beaches. A huge amount of space is occupied in the protected area. Wherever you go in the world, human activity is restricted at those kind of areas. Of course something could be designed for people visiting there but we confront with a beach club with its own swimming pool facility in it. We therefore try to raise collective awareness to avoid a type of tourism that destroys its nature. We do not wish to repeat the mistakes that Side, Manavgat and Alanya did before, thus we would try to promote eco-tourism in our region.‘ The officials stated that the beach club is built by the authorisation of the Ministry of Environment. Even though Ova Municipality was shut down in 30 March, the building plan was approved by the ministry and the construction was commissioned to a private company, expecting the inauguration by the end of April.

Excerpts and rough translation of press article, published in www.odatv.com, www.ulusalkanal.com.tr, www.acikgazete.com, www.turkcelil.com O villa onayı Türkiye'yi zora soktu 09.02.2014 Antalya'nın dünyaca ünlü antik kenti Patara'da uluslarası krize neden olan villa inşaatları Avrupalı çevre örgütlerini ayağa kaldırırken, bölgedeki kooperatifler inşaat yapabilmek için 20 yıldır beklediklerini dile getirerek kendini savunuyor. Yüksek Şehir ve Bölge Plancısı Prof. Dr. Mehmet Tunçer ise Patara'nın tarihi ve doğal dokusuyla birlikte bütünüyle korunması gerektiğinin altını çizerek, antik kentin yapılaşma baskısıyla Bodrum ve Side gibi olacağı uyarısında bulundu. PATARA İÇİN BERN KONVANSİYONUNA ŞİKAYET DOSYASI SUNDULAR Dünyanın en güzel kumsallarından birine sahip olan

- 11 Antalya’nın Kaş ilçesindeki Patara antik kenti, uzun süredir yapılaşma tartışmalarıyla gündemde. Tarihi ve doğal dokusuyla üç ayrı koruma statüsü bulunan Patara’da, için hazırlanan ve 2008 yılında onanan koruma amaçlı imar planının, geçmişte durdurulan yazlık amaçlı kooperatiflere düşük yoğunluklu yapı izni vermesi Türkiye’yi uluslararası arenada zora soktu. Uluslararası Akdeniz Deniz Kaplumbağalarını Koruma Birliği (MEDASSET), Patara’daki yapılaşmaya ilişkin hazırladığı şikayet dosyasını Bern Konvansiyonu Daimi Kurulu’na sundu. KORUMA AMAÇLI PLAN PATARA'YA NE GETİRİYOR Yetkililere göre dönemin ÖÇK Kurumu tarafından yeniden düzenlenen ve 31 Ekim 2008’de Antalya Koruma Kurulu tarafından onaylanan Patara Koruma Amaçlı İmar Planı, “köy yerleşimi” ve “kooperatif alanı” olarak iki ayrı bölgeden oluşuyor. Korumayı öngören plana göre, kooperatif alanı olarak ayrılan bölgede doğa ve arkeoloji alanına zarar vermeyecek ‘uyumlu’ ve ‘göze batmayan’ ev, pansiyon ve günübirlik tesislerin yapımına izin verilirken, ilgili komisyonun izni alınmak kaydıyla kamuya açık sosyal tesisler, restoran, büfe ve kafeterya gibi üniteler de yapılabilecek. PROF. DR. TUNÇER: 'YAPI İZNİ VERİLEN ALAN NEKROPOL OLABİLİR' Konuyla ilgili sorularımızı yanıtlayan Yüksek Şehir ve Bölge Plancısı Prof. Dr. Mehmet Tunçer, bugün kooperatiflere yapılaşma izni verilen 3. derece arkeolojik sit alanının, nekropol olmasının muhtemel olduğunun altını çizerek, Yani burası aslında 1. derece arkeolojik sit ilan edilmesi gerekli. Kazıldıkça hem Likya hem de sonraki dönemlere ilişkin lahit, mezar vb çıkması olasıdır. Yani denetimin çok iyi yapılması, kazının öncelikle el ile yapılması, herhangi bir buluntuya rastlandığında durdurulması gereklidir” dedi. 'KORUMA KURULU ÜYELERİ İLE GÖRÜŞMEK AĞIR CEZALIK BİR SUÇTUR' Patara’daki kooperatiflerden birinin 17 Mayıs 2013 tarihli faaliyet raporunda yer verilen, "Antalya Koruma Kurulu'nun, mimari ve diğer projeler konusundaki etkin üyesiyle ön görüşmeler sağlanmış, projelerimizin, kurul yetkilisiyle ön görüşmeler yapıldığı ve mutabakatı alındığı için 3-4 Haziran 2013'de toplanacak olan Antalya Kültür ve Tabiat Varlıklarını Koruma Kurulunca görüşme gündemine alınacağına, reddedilmeden Kabul edileceğine ve inşaat ruhsatı verileceğine kuvvetle inanıyoruz" şeklindeki ifadeleri de sert dille eleştiren Tunçer, "Koruma Kurulu üyeleri ile görüşülmesi ağır cezalık bir suçtur. Umarım bu konularda başka iddialar gündeme gelmez" görüşünü savundu. 'YAPILAŞMA BASKISIYLA PATARA BODRUM VE SİDE OLACAK' Patara için hazırlanan planının korumayı değil,

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beautiful beaches at the Kaş province of Antalya, has been on the agenda for a long time because of the construction discussions. When the development plan with the aim of protection for Patara, where is protecting by three different statuses due to historical and natural importance, approved in 2008 Turkey got in difficulty at international arena as the summer housing cooperatives which were stopped in the past are getting permission for low density constructions. Mediterranean Association to Save the Sea Turtles (MEDASSET) submitted a complaint file to the Standing Committee of Bern Convention related to those construction permissions in Patara. PATARA AND THE PLAN WITH THE AIM OF PROTECTION According to the authorities, the Patara development plan aimed protection which is rearranged by the organisation of Special Protected Areas and approved by the Protection Committee of Antalya on 31st October 2008 is formed from two different districts as “village settlement” and “area of cooperatives”. That plan which should consider the protection, give permission to cooperatives to build “harmonious” and “unobtrusive” houses, pensions and daily facilities without causing any harm at archaeological and natural sites. Also it would be possible to build public establishments like social centres, restaurants, kiosks, cafeterias by the permission of concerning authorities. PROF. DR. TUNÇER: ‘THE AREA WHICH IS PERMITTED TO CONSTRUCTION MIGHT BE NECROPOLIS’ Prof. Dr. Mehmet Tunçer, urban and regional planner replied our questions concerning the subject as: “3rd degree archaeological site where is allowed to construct by cooperatives might be necropolis. Indeed this area should be determined as 1st degree archaeological site. By the excavations it would be possible to find out tombs, sarcophagus, etc. belong to earlier and late periods of Lycia civilisation. There should be an intensive inspection; first of all, the excavation should be done manually and should stop in case of any founding.” ‘TO GET CONTACT WITH THE MEMBERS OF PROTECTION COMMITTEE IS A CRIME OF MAJOR PUNISHMENT’ Tunçer criticised strongly the explanation; “early negotiations were provided concerning the architectural and other projects with a member of the Antalya Protection Committee, who plays a prominent role in terms of projects and his approval was obtained. So we strongly believe that assessment of our projects shall be put on the agenda of the meeting of Antalya Cultural and Natural Heritage Protection Committee which shall be hold on June 3-4, 2013 and they shall be accepted without being refused and we shall obtain the building license.” which is written at the activity report, belonging to one of the cooperative dated 17 may 2013. He declared as: “Such contacts with the members of Protection Committee would be supposed as a crime for major case. I hope there would be no more such assertion”. ‘PATARA WILL BECOME LIKE BODRUM AND

T-PVS/Files (2014) 16 çevreye aykırı olarak yapılaşmayı amaçladığını öne süren Tunçer, kumsalından arkeolojik sit alanına kadar Patara’nın bütünüyle koruma alanı olarak belirlenmesi gerektiğinin altını çizerek, “Kaçak yapılaşmalar tasfiye edilmeli kesinlikle yeni hiçbir yapılaşmaya izin verilmemelidir. Aksi takdirde yapılaşmalar giderek artacak ve Patara antik kenti içi ve çevresi arkeolojik alanları tahrip edilmiş yeni bir Side, Halikarnasos (Bodrum), Keramos, Perinthos olacaktır" görüşünü savundu. KOOPERATİF YETKİLİSİ: '20 YILDIR BEKLİYORUZ, MAĞDUR EDİLDİK' Tartışmaların odağında olan Patara’da üç ayrı yapı kooperatifi bulunuyor. Konuyla ilgili sorularımızı yanıtlayan Yeni Hitit Yapı Kooperatifi’nin yetkililerinden biri, alanda uygulamayı planladıkları yapılaşmanın doğaya ve tarihi dokuya uygun olacağını belirterek yapı yoğunluğunun da düşük olacağını dile getirdi. Kooperatifi Patara’nın ÖÇK ilan edilmesinden önce kurduklarını söyleyen yetkili, “biz burada 20-30 yıldır bekliyoruz. Bu konuda kooperatifimiz de mağduriyet yaşadı. Daha önce 558 üyemiz vardı. Bu süre içerisinde üye profilimiz değişti, sayıları 122’ye düştü. Üyelerimizin pek çoğu yaşlandı, içlerinde yaşamını yitirenler oldu. Kimisinin hisseleri de çocuklarına devroldu. Alan arkeolojik sit statüsünde olduğu için biz devlete ‘bize başka bir yer göster’ dedik. Ama bu teklifimiz kabul görmezken, yıllarca yapılaşmaya da izin verilmedi. Şimdi 2008’de hazırlanan koruma amaçlı imar planı kapsamında 700 metrekare alana 70 metrekare yapı yoğunluğunda villalar yapmayı planlıyoruz. Geçmişte bu Alana 558 temel atılmıştı. Şimdi bu sayı 122’ye düşecek. Yörenin dokusuna uygun taş evler yapacağız” görüşünü dile getirdi.Kooperatife ait 100 dönümlük alanda yeni inşaatlar yapmak için hazırlıklar yapıldığını anlatan yetkili, bu konuda il özel idaresi ve koruma kurulunun kararlarını beklediklerini söyledi. 'TÜM ALANDA SONDAJ ÇALIŞMASI YAPILDI' Kooperatife ait alanın nekropol olabileceği yönündeki görüşleri de sorduğumuz yetkili, Antalya Müzesi uzmanlarınca tüm alanda sondaj çalışması yapıldığını ancak herhangi bir kültür varlığına rastlanmadığını dile getirdi. 3 KOOPERATİF, 300 VİLLA Patara’da Yeni Hitit dışında Kumko ve Özlenen Deniz adı altında toplam üç ayrı yapı kooperatifi bulunuyor. Özlenen Deniz kooperatifi, Ova beldesi sınırlarında olduğu için geçtiğimiz yıl 27 villanın inşaatını tamamladı. Kumko kooperatifi ise 150 villa yapmaya hazırlanıyor. Böylece köy yerleşimindeki yapılaşma haricinde Patara’da 300’e yakın yeni villa inşa edilmiş olacak.

- 12 SIDE’ Tunçer suggested that the plan for Patara is prepared with the aim of construction instead of protection of environment. He stated that Patara should be determined as protected area completely, including all archaeological site and the beach. He continued as: “Illegal buildings should be eliminate and definitely any kind of new construction should be banned. Otherwise the constructions will expand gradually and after a while, antique city of Patara will be like Side, Halikarnasos (Bodrum), Keramos, Perinthos as the archaeological vestiges get spoiled including the centre and all around”. COOPERATIVE AUTHORITY: “WAITING FOR 20 YEARS, IT’S UNJUST” Patara where the discussions are focused, contains the investment of three different housing cooperatives. An authorized person from “Yeni Hitit” housing cooperative replied our questions. He said that the constructions what they planned to apply at the land would be in harmony with the historical and natural environment, also the density of construction would be very low. He continued as: “The Cooperative is founded before Patara got the status of Special Protected Area. We are waiting here for 20-30 years. This is unjust for the cooperative and the members. Before we had 558 members, now it’s reduced to 122. Most members get old now, even some of them are died. Some members transfer their shares to their children. As the land has the status of archaeological site we ask to the authorities to exchange our lands . This proposal was not accepted but also all those years they didn’t give construction permission. Now, according to the development plan which is aimed to protection and approved in 2008 we consider to build the villas with a density of 70 m² at every 700m² lands. At the beginning 558 basements were prepared all over this area, now they will reduce to 122. We will build stone houses which would fit this environment”. He explained that 10 hectares of cooperative lands were prepared for new constructions and just waiting the decisions of Protection Committee and Province Administration to start. ‘SURVEY DONE ALL OVER THE LAND’ The suspicion that the cooperative land might be the necropolis was commented by this person: “All over the land was surveyed by the experts of Antalya Museum but they couldn’t find any trace of cultural heritage”.

3 COOPERATIVES, 300 VILLAS There is three different housing cooperatives exist in Patara, beyond “Yeni Hitit” the other two of them called as; Kumko” and “Özlenen Deniz”. However “Özlenen Deniz” cooperative is being in the borders of Ova municipality, they had begun to build 27 villas and completely finished them last year. “Kumko” cooperative is getting prepared to build 150 villas. So except the constructions at village settlements, there would be around 300 villas will build at cooperatives’ areas.

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LOGGERHEAD SEA TURTLE (CARETTA CARETTA) CONSERVATION MONITORING IN FETHIYE SPA, TURKEY MEDASSET hereby submits an update report to the second Bureau Meeting of the Bern Convention (September 2014) on the conservation status of sea turtle nesting beaches in Fethiye Specially Protected Area (SPA) in Turkey. Contents:      

BACKGROUND SUMMARY & CONCLUSION (2 pages) DETAILED ASSESSMENT (3 pages) RECOMMENDATIONS (1 page) REFERENCES (1 page) MAPS & PHOTOGRAPHS (11 pages)

BACKGROUND The loggerhead sea turtle (Caretta caretta) nesting beaches in Fethiye (Mugla Province, Turkey) are among the 12 most important nesting beaches in Turkey.1 Protection is not only significant in terms of nesting numbers but also to ensure the genetic diversity of the loggerhead population in the Mediterranean.2 Fethiye’s importance increases because of the relatively higher proportion of maleproducing nests.3 The nesting beaches belong to the Fethiye-Göcek Special Environmental Protection Area (SPA) established in 1988. Scientific studies have shown that nest numbers in Fethiye are severely declining.4 Threats to the nesting population have constantly been increasing since 1993-4.5 Real estate and tourism development is progressing with no regard for the sea turtle nesting population and the protected coastal ecosystems. Scientists have suggested conservation measures but these have not been applied.6 A recent economic analysis of the SPA identified intensive use of beaches, excessive and uncontrolled housing and tourism developments among the many threats to the SPA and recommends enforcement of use and conservation principles, improved management and sustainable tourism development.7 Since 2008, MEDASSET has been monitoring and reporting on the conservation status of sea turtle nesting beaches in Fethiye SPA. In August 2009 MEDASSET submitted a complaint to the Bern Convention about the severe degradation of the sea turtle nesting beaches due to poor management, lack of spatial planning and uncontrolled build-up of the coastal zone due to tourism development. The complaint was discussed at the 30th Standing Committee Meeting in 2010, in relation to Recommendation No. 66/1998. Commitments for improved protection were made by the Turkish authorities,8 and in 2011 steps were taken to mitigate some of the tourism-related impacts during the nesting season.9 In 2012, these management measures were not sustained and further coastal build-up was recorded.10 At the 32nd Standing Committee Meeting in 2012, Recommendation No. 66/1998 was discussed and the Delegate of Turkey stated that authorities would monitor the situation more closely 1

Türkozan 2000; Margaritoulis et al. 2003; Canbolat 2004 Yılmaz et al. 2008 3 Kaska et al. 2006 4 Ilgaz et al. 2007; Katilmis et al. 2013 5 Oruc et al. 2003 6 See conclusions of papers in references. 7 Bann C. & E. Başak. 2013. Published by the GEF-funded 2009-13 project “Strengthening the system of Marine & Coastal Protected Areas of Turkey”. Note: although the project dealt with anthropogenic impacts in some of Fethiye SPA’s marine areas, it did not include implementation of conservation measures or the creation of a business plan or management plan for the land area of the SPA. 8 T-PVS/Files 2010 23 (Government report); Authority’s letter in Annex 1 of MEDASSET, December 2011 9 MEDASSET, December 2011 10 T-PVS/Files (2012) 42 2

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in 2013 and that matters were expected to improve. In 2013, there was no improvement of the protection and management of the nesting beaches, with the exception of beach furniture management in approx. 1.5 of 8 km of the nesting beaches and some new signage which, however, remained inadequate. The coast was further built-up and habitat destruction was documented.11 At the 33rd Standing Committee Meeting in 2013, the delegate of Turkey accepted that “the images [presented] are disturbing” and regretted that due to Ministry restructuring a response was not available. MEDASSET’s call for a Case File to be opened was supported by the delegate of Norway who also proposed that the Committee commissions an on-thespot assessment. A Case File was opened to address the issue together with the complaint regarding Patara SPA (2012/9), to encourage Turkish authorities “to work towards greater accountability, cooperation and responsibility”.

SUMMARY & CONCLUSION In 2014, there was no improvement in the protection and management of the sea turtle nesting beaches in Fethiye SPA. The only exception is some new information signs; signage however remains overall insufficient. Habitat destruction and coastal build-up continues. Businesses expand on the nesting beaches, further reducing the available habitat and increasing disturbances. The threats identified lead to the destruction of nests, unsuccessful nesting attempts, mortality of hatchlings and adult turtles, overall contributing to the decline of nest numbers in Fethiye. Threats identified: 1.

No beach furniture management or removal at night on 6.5 km of the 8 km nesting beaches. Increase of beach furniture, especially of permanently fixed equipment, and of volleyball courts. 2. New hotel complex is under construction in the SPA with plans to make intensive use of a relatively pristine sea turtle nesting area (Karatas beach). 3. Lack of signage in the largest proportion of the nesting beaches. The public is largely unaware of the existing regulations. 4. Uncontrolled visitor access during day and night. Camping and use of vehicles on nesting beaches. 5. Light pollution.12 6. Litter on nesting beaches.13 7. Motorised watersports and fishing activities directly off nesting beaches. 8. Sand extraction. 9. Bushes and trees planted on nesting beaches in previous years have not been removed.14 10. No effective guarding and rules enforcement by authorities In conclusion, since the complaint was submitted in 2009 and the opening of a case file in December 2013, it is clear that the management of the protected area remains inadequate and conservation measures are not being applied in Fethiye SPA to sufficiently protect sea turtles and their habitats. In addition, the shipyard construction project on Akgöl nesting beach is being re-discussed and promoted by authorities. Without urgent conservation action and effective management the recorded negative nesting trend will not be reversed and the few remaining areas in Fethiye SPA that have not been damaged will continue to be encroached upon by unplanned and unsustainable development.

T-PVS/Files (2013) 9 Disorientates hatchlings and disturbs nesting females. 13 Attracts predators, traps hatchlings on their way to the sea and can be consumed at sea by nesting adult turtles. 14 These reduce the available nesting area and the roots obstruct nesting. 12

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Given that habitat damage has already occurred within the protected area with obvious impacts on the protected species, in view of the fact that there is little or no progress despite previous commitments by the authorities and that Recommendation No. 66 has not been observed or implemented so far in Fethiye SPA, the issue merits the special attention of the Standing Committee. MEDASSET urges the Bern Convention Standing Committee to:    

Discuss the case file at the 34th Standing Committee Meeting in December 2014 Encourage and assist Turkish authorities to implement management and conservation measures so as to ensure that the provisions of the Convention and existing Recommendations are applied. Request an official update on the status of the shipyard construction project and reiterate the request towards Turkish authorities to reject the proposed location of the shipyard.15 Conduct an on-the-spot assessment in summer 2015 in order to formulate recommendations that will lead to a satisfactory solution, especially in the case of poor or no reporting by the Turkish authorities on the matter or of lack of commitment to a detailed action plan to be implemented prior to May 2015.

We call upon the Turkish authorities to:  

 



Inform about the new Karatas hotel complex, environmental impact assessment and subsequent conditions of operation (e.g. light pollution mitigation), rules of use of beach and marine area. Implement, before May 2015 and throughout the sea turtle nesting and hatching season, a comprehensive action plan that will strengthen management and enforcement in order to ensure adequate protection of the SPA and especially of the nesting beaches. Apply the list of recommended conservation actions provided in MEDASSET’s reports. Produce a SPA management plan that will cover both the land and marine areas, and will include a clear description of permitted land uses and activities. Allocate the necessary financial and human resources that will ensure enforcement of regulations and measures by authorities. With the support of the government, scientific teams attempt to protect nests from increasing disturbances and raise awareness among beach users each summer; these efforts cannot be fruitful in the absence of effective SPA management by local and national authorities that will deal with the uncontrolled expansion of economic activities and subsequent habitat destruction. Cancel plans for the construction of a shipyard, drydock or marina, near or on Fethiye nesting beaches.

The next section of the report presents a detailed account of the status of the nesting beaches, the developments and threats recorded during the 2014 nesting season, as well as a brief list of recommendations.

7 -10- 2011 letter of the Bern Convention Standing Committee Chair to the Minister of Environment and Forestry

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DETAILED ASSESSMENT OF SEA TURTLE CONSERVATION IN FETHIYE SPA IN 2014 For a detailed description of the Fethiye SPA nesting beaches see MEDASSET, September 2009. 1. Monitoring and conservation Monitoring and conservation of the sea turtle nests were carried out by Hacettepe University in summer 2014.16 To our knowledge the monitoring and protection activities started in the beginning of June. 2. Beach furniture and permanent structures Çalış nesting beach (see Fig. 1-2 for map):  



Çalış Turizm ve Tanıtma Derneği (Çalış Tourism and Promotion Association)17 was responsible for the implementation of beach furniture management measures along Section A of Çalış beach.18 Furniture on the rest of the beach remains unmanaged. In Section A (nesting beach lined by promenade - see Fig. 1)  In previous years, two rows of beach furniture were allowed. In 2014, a third row of beach furniture was observed in some areas that was not well spaced and was located inside the core nesting zone (Fig. 3). Three rows of furniture are considered too dense for this nesting beach.  Sunbeds were not turned on their sides every night.  Many beach users placed their own umbrellas and beach furniture on the beach zone where umbrellas and sunbeds are prohibited (Fig. 4).  Showers and cabins remain on the edge of nesting beach since 2012 and shower water was not channelled into the sea and instead leaks directly onto the nesting beach. (Fig. 5) In Section B (nesting beach section not lined by promenade - see Fig. 2) businesses place 3 - 5 rows of beach furniture, wooden pathways and carpets on the nesting beach (Fig. 6). It seems there is no restriction, supervision or management regarding the location and density of the furniture, which occupies the nesting zone. None of the sunbeds are collected at night and additional permanent structures are place on the beach. In addition:  “Calis Spor Cafe”, established in 2013, has further occupied the beach: small tables and chairs, sunbeds and umbrellas are spread out and 4 wooden pavilions were added (Fig. 7). As per 2013 it installed a volleyball court on the beach.  “Surf Cafe” continues as per every year to place green carpets on the nesting beach, 2 - 3 rows of sunbeds, umbrellas and bean bags (Fig. 8). There is barely any furniture-free sandy area left for sea turtles to dig their nests.  “Sunset Beach Apartments” has erected 3 new wooden pavilions on the beach (Fig. 9) in addition to existing beach furniture.  “Bakrac” open-air beach bar and disco established in 2013 continues its operation as per 2013 (see section 5); the music stage was removed from next to the waterline.

Yanıklar nesting beach (see Fig. 1 for map) Beach furniture was not removed at night by Hotel Majesty Club Lykia Botanika and Majesty Club Tuana, which placed two and three beach furniture rows with permanent sunshades respectively (Fig. 10). Volleyball courts were installed on the nesting beach by both hotels. A camping site maintains the wooden pavilion and permanently fixed large sunshade construction (about 13 m long) on the nesting zone that were installed in 2013.

In the previous 3 years sea turtle monitoring & conservation in Fethiye was implemented by Pamukkale University. 17 An association of hotels and restaurants along Çalış Beach Section A, head of this association is Mete Ay, he is also the owner of Golden Moon Hotel in Çalış. 18 In 2011-2013 FETAB (Fethiye Turizm Altyapi Birligi) was responsible for beach furniture management.

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Akgöl nesting beach (see Fig. 1 for map) The nine permanent pavilions placed on the nesting beach in 2013 by “Karaot Restaurant” have not been removed. The business also facilitated camping directly on the nesting beach (Fig. 11) and set up a new volleyball court (Fig 12). 3. Signage In Çalış nesting beach, in Section A, five new signs have been erected at some of the 12 beach entrances (Fig. 13) by the research team (yellow signs) and by Çalış Turizm ve Tanıtma Derneği. An information desk was operated during the evening on the promenade. In Section B of Çalış, throughout the approx. 1.8 km nesting beach, there are only two information signs at the beginning of the beach, at a very small distance from each other in the same inappropriate location as the sign erected in 2011 which had disappeared in 2012. In Yanıklar nesting beach, there are two signs, one between “Yonca Lodge” and “Onur Camp” and one in front of hotel Lykia Botanika Sun & Fun Club. Although there are more than six possible entry points, no new signs have been erected. In Akgöl nesting beach, the sign erected in 2013 has been removed. 4. Beach access On all nesting beaches vehicle access was observed (Fig. 5, Fig. 14). Bulldozer ruts were visible in front of Majesty Club Tuana in Yanıklar nesting beach. Cars, vehicle ruts and campers were documented in Akgöl beach (Fig. 15). The stream bed at the northern end of Akgöl beach has not been filled up as in 2013, nevertheless people are allowed to use the dry stream bed next to the nesting zone as a parking area. 5. Light pollution No new light pollution was observed along the nesting areas, but there have been no efforts to reduce the existing severe light pollution. Public lights at Çalış Section A (promenade section) remain screened. However the lights from the numerous businesses that line the beach have not been effectively shaded and light pollution continues. The disco “Bakrac” (est. 2013) at Çalış Section B maintains its disco lighting equipment. In August 2014, over 200 people attended a night party involving light show, DJ music and foam. 19 A similar event was held on August 30th 2013.20 In Yanıklar nesting beach, Hotel Majesty Lykia Botanika and Majesty Club Tuana continue to turn off their pier lights and beach lights at night. Camping sites behind Yanıklar nesting beaches also turned off their lights. 6. Litter Litter was observed on all nesting beaches. 7. Buildings and structures A new hotel complex (http://www.baruthotels.com/en/fethiye) is under construction above Karatas beach which is located between Çalış and Yanıklar beaches (Fig. 16). The beach till now is not under intense development and nesting is documented here. Flood lights were used to light up the construction site, affecting the nesting beach. Vehicle ruts were observed on the nesting beach, more than in previous years, possibly related to the construction works (Fig. 17). The complex intends to make intensive use of the nesting beach (Fig 18) and advertises 388 rooms, 5 restaurants, 6 bars including a beach bar, water sports and jet skiing activities.

19 20

Source: http://www.fethiyetimes.com/news/44-news/12505-foam-party-huge-success-animal-aid.html Source: http://www.fethiyetimes.com/news/44-news/7414-animal-aid-beats-ibiza-at-koca-calis.html

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8. Plantations and sand extraction Acacia trees and bushes planted on Section B of Çalış nesting beach since 2001 have not been removed. Sand extraction was documented next to Hotel Majesty Lykia Botanika in Yanıklar nesting beach (Fig. 19). 9. Motorised water sports and fishing Water sport activities and fishing activities were documented close to the shore of Yanıklar and Akgöl nesting beach (Fig. 20 & 21). 10. Shipyard/Drydock MEDASSET has reported to the Bern Convention about government plans for the construction of a shipyard/drydock on Akgöl nesting beach and described in detail the expected negative impacts.21 Such a development will negatively affect the already declining nest numbers in Fethiye SPA and permanently and irrevocably destroy Akgöl nesting beach which is one of the last pristine sites of the SPA where approximately a fifth of all nests in Fethiye are recorded. The project is incompatible with the area’s protected status and is in complete contradiction with integrated coastal management practices, conservation policies, laws and International Conventions. Since December 2013, articles in the Turkish press report that local decision-makers, maritime stakeholders and the Minister of Maritime Transport and Communications are promoting a “public interest decision” to allow for the relocation and construction of a shipyard/drydock on Akgöl nesting beach.22 Since national elections in March 2013 we are unaware of any further news or official action regarding the issue. The local community actively demonstrated against the project since February 2014 and a civil society group against the project has been created.23 The group has informed that a lawsuit was filed against the project, their side request for a stay of execution has been denied and that here has been no official decision to stop the project but there may be re-evaluation of the project after the summer.

RECOMMENDATIONS 

Guarding needs to be reinforced and increased to enable correct implementation of management and conservation measures (control of beach access, correct beach zone use by visitors, recording and acting upon violations, etc). Guarding should commence at the start of the nesting season. The beach area that should not to be used by visitors in order to protect nests should be made evident via cordoning, signage or other effective means suitable for each beach area.



Scientific monitoring and nest protection should commence at the start of the nesting season (May) to ensure protection of all nests, as the tourist season kicks off in April.



All sunbeds should be removed from the beach at night, or rearranged in an upright position and secured or hung on the umbrellas, preferably locked. The number of sunbeds and umbrellas should not increase. In all cases, sunbeds should not be placed in the sections of the beaches that serve as prime nesting areas. Multiple rows of dense sunbeds and umbrellas need to be rearranged and reduced to permit nesting turtles to access the beach and hatchlings to return to the sea unhindered. Fixed structures, such as pavilions and cabanas should not be allowed.

MEDASSET complaint 2009; T-PVS (2010) 08 E; MEDASSET Update Reports April & December 2011. For example, in Turkish: http://www.haberler.com/fethiye-marina-tasiniyor-5401729-haberi In English: http://www.fethiyetimes.com/news/44-news/7500-fethiye-boat-yard-to-relocate-locationannounced.html 23 For example, in English: http://www.landoflights.net/local-news/temperatures-rise-over-fethiyes-boatyardrelocation-24499.html Karaot Platform website with photos of 8 Feb. 2014 demonstration: https://www.facebook.com/KaraotDayanisma 22

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

False carpeting, acacia trees and planted bushes should be removed from the nesting beach.



Water from beach showers should be channelled to not directly run off onto the nesting beach, or beach showers should be relocated away from the beach.



Information sign location should be corrected and additional signs should be installed at the start of the nesting season at all major entry points to the beaches.



Vehicle and visitor access problems need to be tackled effectively. Fencing, that cannot be removed, should be installed and be complemented by effective guarding, signage at the points of entry, and education of residents, business owners and visitors. Bonfires, night parties, fireworks and camping should not be allowed.



Parking space: appropriate areas that would not involve the flattening of dunes and removal of natural beach vegetation should be chosen.



Damaged sand dunes and vegetated areas should be restored to their natural state.



A code of conduct that will regulate fishing and motorised water sport activities in the marine area should be adopted and communicated to the local businesses and community. Speed restrictions and zoning should be applied to avoid injury of sea turtles during the day and night.



Lights: business owners should be required to screen or paint with dark colours all lights shining onto the beach that cannot be switched off during night hours during the nesting and hatching season. This does not incur a high cost and is feasible along the entire Fethiye coastline. Light show equipment should be prohibited.



Litter: a coordinated effort can be pursued so that beach clean-ups combined with awareness raising among locals can be conducted at the start of the nesting season and at the end of hatching season. Rubbish collection should be done manually and not with the use of heavy machinery (e.g. bulldozers). Daily litter collection could be combined with beach furniture collection/rearrangement at the end of the day.



Regulations should be effectively communicated to stakeholders and business holders.



Authorities should ensure enforcement of rules and measures.



No shipyard, drydock or marina should be constructed on the nesting beaches.



Unbuilt beach areas should be secured against development.



A SPA management plan that will cover both the land and marine areas should be formulated that will include a clear description of permitted land uses and activities.

REFERENCES Canbolat, A.F. 2004. A review of sea turtle nesting activity along the mediterranean coast of Turkey. Biol. Conserv. 116: 81-91 Bann C. & E. Başak. 2013. Economic Analysis of Fethiye-Göcek Special Environmental Protection Area. Project PIMS 3697: Strengthening the System of Marine & Coastal Protected Areas of Turkey. Technical Report Series 11. Ilgaz, C., Türkozan, O., Özdemir, A., Kaska, Y. & M. Stachowitsch. 2007. Population decline of loggerhead turtles: two potential scenarios for Fethiye beach, Turkey. Biodiversity and Conservation 16: 1027 – 1037. Kaska, Y., Ilgaz, Ç., Özdemir, A., Baflkale, E., Türkozan, O., Baran, & M. Stachowitsch. 2006. Sex ratio estimations of loggerhead sea turtle hatchlings by histological examination and nest temperatures at Fethiye beach, Turkey. Naturwissenschaften, 93:338-343. Katilmis, Y., Baskale, E., Polat, F., Azmaz M., & Y. Kaska. 2013. Decline of loggerhead turtle nests on Fethiye beach, Turkey. In: Tucker, T., Belskis, L., Panagopoulou, A., Rees, A., Frick, M., Williams, K., LeRoux, R., and Stewart, K. compilers. 2013. Proceedings of the Thirty-Third Annual Symposium on Sea Turtle Biology and Conservation. NOAA Technical Memorandum NOAA NMFS-SEFSC-645: 263 p Margaritoulis, D., R. Argano, I. Baran, F. Bentivegna, M.N. Bradai, J.A. Camiñas, P. Casale, G. De Metrio, A. Demetropoulos, G. Gerosa, B.J. Godley, D.A. Haddoud, J. Houghton, L. Laurent & B. Lazar. 2003. Loggerhead turtles in the Mediterranean Sea: present knowledge and conservation perspectives. In: A.

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Bolten & B E. Witherington (Eds.). Loggerhead Sea Turtles. Smithsonian Books, Washington pp. 175-198. Oruç, A., Türkozan O. & H. Durmuş. 2003. In the Tracks of Marine Turtles: Assessment of Marine Turtle Nesting Sites 2003. WWF, Istanbul. 96pp. Türkozan, O. 2000. Reproductive ecology of the loggerhead turtle, Caretta caretta, on Fethiye and Kızılot beaches, Turkey. Chelonian Conservation and Biology 3:686-692. Yılmaz, C. ,Türkozan, O., & F. Bardakçı. Population genetic structure of loggerhead turtles, Caretta caretta, in Turkey based on mtDNA sequences, 3rd Mediterranean Conference on Marine Turtles, 22/10/2008

MEDASSET REPORTS & COMPLAINT Available at: http://medasset.org/en/resource-centre/publications/technical-reports-position-papers-and-policyrecommendations T-PVS/Files (2014) 16. MEDASSET. March 2014. Update on Loggerhead sea turtle (Caretta caretta) Conservation Monitoring in Fethiye SPA, Turkey. T-PVS/Files (2013) 9. MEDASSET. March & September 2013. Update on Loggerhead sea turtle (Caretta caretta) Conservation Monitoring in Fethiye, Turkey. T-PVS/Files (2012) 42. MEDASSET. September 2012. Update on Loggerhead sea turtle (Caretta caretta) Conservation Monitoring in Fethiye, Turkey. (No T-PVS reference). MEDASSET. December 2011. Update on Loggerhead sea turtle (Caretta caretta) Conservation Monitoring in Fethiye, Turkey. (No T-PVS reference). MEDASSET. April 2011. Destruction of Sea Turtle Nesting Beaches in Fethiye SPA, Turkey. (No T-PVS reference). MEDASSET. March 2011. Update on Loggerhead sea turtle (Caretta caretta) Conservation Monitoring in Fethiye, Turkey. T-PVS (2010) 08 E. MEDASSET. March & September 2010. Implementation of Recommendation No. 66 (1998) on the conservation status of some nesting beaches for marine turtles in Turkey. (No T-PVS reference). MEDASSET. September 2009. Complaint to the Bern Convention addressing the threats facing the loggerhead sea turtle (Caretta caretta) nesting beaches in Fethiye, Muğla province of Turkey. (No T-PVS reference). MEDASSET. September 2008. Sea turtle nesting beach degradation in Çirali and Fethiye, Turkey.

RECOMMENDATIONS OF THE BERN CONVENTION STANDING COMMITTEE Recommendation No. 66 (1998) on the conservation status of some nesting beaches for marine turtles in Turkey. Available online at: https://wcd.coe.int/wcd/ViewDoc.jsp?id=1487927&Site=COE Recommendation No. 24 (1991) on the protection of some beaches in Turkey of particular importance to marine turtles. Available online at: https://wcd.coe.int/ViewDoc.jsp?id=1485887&Site=COE

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MAPS & PHOTOGRAPHS

Karatas

Section B

Section A

Fig. 1. Fethiye among important nesting beaches (top) and Fethiye nesting beach sub-subsections (bottom). Developments since 2006-7 are not shown here. Source: Ilgaz et al., 2007.

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Former wetland

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Fig. 2. Fethiye, SPA. Çalış. Section B. Imagery shows the continual coastal buildup, plantations and beach use. Observe bottom image in comparison with top image, i.e. areas A-C. Top: 2004 satellite imagery. Bottom: 2013 satellite imagery. Area ‘1’ includes “Calis Spor Cafe” (2013), “Surf Cafe” and disco “Bakrac” (2013) among other businesses; ‘2’ is “Sunset Beach Apartments” and ‘3’ is “Jiva Beach Resort” (2012); Yellow line is location of new road (2013).

Fig. 3. August 2014. Fethiye, SPA. Çalış. Section A. In some areas an additional third dense row of beach furniture was placed on the beach inside the core nesting zone (see red arrows).

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Fig. 4 August 2014. Fethiye, SPA. Çalış. Section A. Uncontrolled use of private umbrellas in nesting zone. The nesting zone is not delimited and new information signs do not indicate that umbrella use is not allowed in the nesting zone.

Fig. 5. August 2014. Fethiye, SPA. Çalış. Section A. Shower water spills directly on the nesting zone (red circle). Note quad ruts along the nesting zone (red rectangle).

Fig. 6a-b. August 2014. Fethiye, SPA. Çalış. Section B. Four rows of unmanaged beach furniture and pathways completely occupy the nesting beach and were not removed at night.

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2012

2013 2014

Fig. 7 August 2014. Fethiye, SPA. Çalış. Section B. “Calis Spor Cafe” (top left and right) continues expanding on the beach with newly erected wooden pavilions (bottom left and right).

Fig. 8a-b. August 2014. Fethiye, SPA. Çalış. Section B. “Surf Cafe” continues to place green carpets, 2 - 3 rows of sunbeds, umbrellas and bean bags on the nesting beach and does not remove them at night.

Fig. 9. August 2014. Fethiye, SPA. Çalış. Section B. Sunset Beach Apartments installed 3 wooden pavilions on the nesting beach.

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Fig. 10. August 2014. Fethiye, SPA. Yan覺klar. Hotel Majesty Club Lykia Botanika place two rows of sunbeds and new permanent sunshades on the nesting beach. Majesty Club Tuana installed three rows of similar sunshades. None of the hotels removed the sunbeds at night.

Fig. 11a-b. August 2014. Fethiye, SPA. Akg繹l. Tents (top) were erected next to the restaurant that placed wooden pavilions (red circle) on the nesting beach in 2013. The wooden posts (red circle) in front of the pavillions are all that remains from the 2013 information sign. Note vehicles on beach.

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Fig. 12. August 2014. Fethiye, SPA. Akgöl. Fig. 14 A new volleyball court was installed on the nesting beach; note the sea turtle nest inside the court (red circle).

Fig. 13a-b. August 2014. Fethiye, SPA. Çalış. Section A. New signs were erected by the sea turtle research team (left) and the Çalış Tourism and Promotion Association (right) at beach entrances and on the nesting beach.

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Fig. 14. August 2014. Fethiye, SPA. Vehicle ruts were documented, demonstrating uncontrolled beach access. Top: Bulldozer ruts on nesting beach in front of Majesty Club Tuana (left) and multiple vehicle ruts (right) in Yanıklar nesting beach. Bottom: Vehicle ruts and car on Akgöl nesting beach.

Fig. 15. August 2014. Fethiye, SPA. Akgöl. Camping (background) and vehicles (foreground) were allowed directly on the nesting beach.

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Fig. 16. August 2014. Fethiye, SPA. Karatas. Hotel construction site behind Karatas beach which is located between Yanıklar and Çalış beach (see Fig. 1).

Fig. 17. August 2014. Fethiye, SPA. Karatas. Numerous vehicle ruts were observed on the nesting beach in front of the new construction site.

Fig. 18. New hotel complex pamphlet shows that intensive use of Karatas nesting beach is planned. Source: http://baruthotels.com/ekatalog/fethiye/EN/index.html#/2

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Fig. 19. August 2014. Fethiye, SPA. Yan覺klar. Sand extraction (red circle) next to Hotel Majesty Lykia Botanika.

Fig. 20. August 2014. Fethiye, SPA. Yan覺klar/Akg繹l. Fishing boat casts nets too close to nesting beaches.

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Fig. 21. August 2014. Fethiye, SPA. Yan覺klar. Motorised water sport activities inside the prohibited section (note white buoy that delimits boundary).

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UPDATE REPORT BY THE NGO Marine Turtle Conservation in the Mediterranean March 2014 Document presented by MEDASSET - the Mediterranean Association to Save the Sea Turtles for the 34th Standing Committee Meeting of the Contracting Parties to the Convention on the Conservation of European Wildlife and Natural Habitats (Bern Convention)

Contents: 1. Loggerhead Sea Turtle (Caretta caretta) Conservation Monitoring in Fethiye SPA, Turkey 2. Loggerhead Sea Turtle (Caretta caretta) Conservation Monitoring in Patara SPA, Turkey

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UPDATE REPORT BY THE NGO Marine Turtle Conservation in the Mediterranean LOGGERHEAD SEA TURTLE (CARETTA CARETTA) CONSERVATION MONITORING IN FETHIYE SPA, TURKEY - March 2014 Document presented by MEDASSET - the Mediterranean Association to Save the Sea Turtles for the 34th Standing Committee Meeting of the Contracting Parties to the Convention on the Conservation of European Wildlife and Natural Habitats (Bern Convention) MEDASSET hereby submits an update report on conservation issues relevant to marine turtles and their habitats in Fethiye Specially Protected Area (SPA) in Turkey, for consideration by the first Bureau Meeting of the Bern Convention (April 2014).

Background The loggerhead sea turtle (Caretta caretta) nesting beaches in Fethiye are among the 12 most important nesting beaches in Turkey. The nesting beaches belong to the Fethiye-Göcek SPA established in 1988. Threats to the nesting population have constantly increased since 1993. Scientific studies have shown that nest numbers in Fethiye are severely declining.24 MEDASSET submitted a complaint to the Bern Convention in August 2009 about the severe degradation of the protected sea turtle nesting beaches in Fethiye due to poor management, lack of spatial planning and uncontrolled build-up of the coastal zone due to tourism development. The complaint was discussed at the 30th Standing Committee Meeting in 2010, in relation to Recommendation No. 66/1998. Commitments for improved protection were made by the Turkish authorities,25 and in 2011 steps were taken to mitigate some of the tourism-related impacts during the nesting season.26 In 2012, these management measures were not sustained and further coastal build-up was recorded.27 At the 32nd Standing Committee Meeting in 2012, Recommendation No. 66/1998 was discussed and the Delegate of Turkey stated that authorities would monitor the situation more closely in 2013 and that matters were expected to improve. In 2013, there was no improvement of the protection and management of the nesting beaches, with the exception of beach furniture management in approx. 1.5 of 8 km of the nesting beaches and some new signage which, however, remains insufficient. Habitat destruction and coastal build-up continued.28 At the 33rd Standing Committee Meeting in 2013, the delegate of Turkey accepted that “the images [presented] are disturbing” and regretted that due to Ministry restructuring a response was not available. MEDASSET’s call for a Case File to be opened was supported by the delegate of Norway who also proposed that the Committee commissions an on-the-spot assessment. A Case File was opened to address the issue together with the complaint regarding Patara SPA (2012/9), to encourage Turkish authorities to work towards greater accountability, cooperation and responsibility. The Secretariat contacted the Turkish authorities with a reporting request and proposals of assistance in January 2014.

Update (December 2013 - March 2014) To our knowledge there are no signs of preparatory actions by the authorities to improve the management and conservation of sea turtle nesting beaches in Fethiye SPA. 24

Türkozan 2000; Margaritoulis et al. 2003; Canbolat 2004; Oruc et al. 2003; Ilgaz et al. 2007; Katilmis et al. 2013 25 T-PVS/Files 2010 23 (Government report); Authority’s letter in Annex 1 of MEDASSET, December 2011 26 MEDASSET, December 2011 27 T-PVS/Files (2012) 42 28 T-PVS/Files (2013) 9

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In addition, since December 2013, articles in the Turkish press report that local decision-makers, maritime stakeholders and the Minister of Maritime Transport and Communications are promoting a “public interest decision” to allow for the relocation and construction of a shipyard/drydock on Akgöl nesting beach (aka Karaot, see Fig. 1-2).29 The local community actively demonstrated against the project in February 2014 and created a civil society group against the project.30 MEDASSET has reported about the shipyard construction plan to the Bern Convention, and described in detail the expected negative impacts.31 Approximately a fifth of all nests in Fethiye are recorded in Akgöl, which is one of the last pristine sites of the SPA. MEDASSET opposes the proposed location for the shipyard construction. Such a development will permanently and irrevocably destroy the key nesting areas in Akgöl beach and negatively affect the already declining nest numbers in Fethiye SPA. The project is incompatible with the area’s protected status and is in complete contradiction with integrated coastal management practices, conservation policies, laws and International Conventions. The shipyard should not be built on or near the nesting beaches in Fethiye SPA.

Conclusion In conclusion, since the complaint was submitted in 2009, it is clear that no effective or adequate measures have been applied in Fethiye to sufficiently protect sea turtles and their habitats. In addition, the shipyard construction project on Akgöl nesting beach is being re-discussed and promoted by authorities. Without urgent conservation action and effective planning the recorded negative trend of nesting will not be reversed and the few remaining areas in Fethiye SPA that have not been damaged will continue to be encroached upon by unplanned and unsustainable development. So far, Recommendation No. 66 has not been observed or implemented in Fethiye. MEDASSET calls upon the Turkish authorities to:    



Produce a SPA management plan that will cover both the land and marine areas, and will include a clear description of permitted land uses and activities. Implement, before May 2014, a comprehensive action plan that will strengthen management and ensure adequate protection of the SPA and especially of the nesting beaches. Consider the list of recommended conservation actions provided in MEDASSET’s reports that have been submitted to the Bern Convention. Allocate the necessary financial and human resources that will ensure enforcement of regulations and measures by authorities. With the support of the government, scientific teams attempt to protect nests from increasing disturbances and raise awareness among beach users each summer; these efforts cannot be fruitful in the absence of effective SPA management by local and national authorities that will deal with the uncontrolled expansion of economic activities and subsequent habitat destruction. Reject plans for the construction of a shipyard, drydock or marina, near or on Fethiye nesting beaches.

We call upon the Bern Convention Standing Committee to encourage and assist Turkish authorities to implement the above in order to ensure that the existing Recommendations are adhered to. The issue merits the special attention of the Standing Committee, given that there is no progress despite previous commitments and real habitat damage has occurred within this protected area with obvious impacts on the protected species.

For example, in Turkish: http://www.haberler.com/fethiye-marina-tasiniyor-5401729-haberi In English: http://www.fethiyetimes.com/news/44-news/7500-fethiye-boat-yard-to-relocate-locationannounced.html 30 For example, in English: http://www.landoflights.net/local-news/temperatures-rise-over-fethiyes-boatyardrelocation-24499.html Karaot Platform website with photos of 8 Feb. 2014 demonstration: https://www.facebook.com/KaraotDayanisma 31 MEDASSET complaint 2009; T-PVS (2010) 08 E; MEDASSET Update Reports April & December 2011.

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We urge the Bureau to:  

consider conducting an on-the-spot assessment to collect information needed in order to address the complaint, due to the lack of reporting on behalf of the Turkish authorities on the matter. request an official update on the status of the shipyard construction project and reiterate its request towards Turkish authorities to reject the proposed location of the shipyard.32

REFERENCES Canbolat, A.F. 2004. A review of sea turtle nesting activity along the Mediterranean coast of Turkey. Biol. Conserv. 116: 81-91. Ilgaz, C., Türkozan, O., Özdemir, A., Kaska, Y. & M. Stachowitsch. 2007. Population decline of loggerhead turtles: two potential scenarios for Fethiye beach, Turkey. Biodiversity and Conservation 16: 1027 – 1037 (DOI 10.1007/s10531-006-9040-2). Katilmis, Y., Baskale, E., Polat, F., Azmaz M., & Y. Kaska. 2013. Decline of loggerhead turtle nests on Fethiye beach, Turkey. In: Tucker, T., Belskis, L., Panagopoulou, A., Rees, A., Frick, M., Williams, K., LeRoux, R., and Stewart, K. compilers. 2013. Proceedings of the Thirty-Third Annual Symposium on Sea Turtle Biology and Conservation. NOAA Technical Memorandum NOAA NMFS-SEFSC-645: 263 p. Margaritoulis, D., R. Argano, I. Baran, F. Bentivegna, M.N. Bradai, J.A. Camiñas, P. Casale, G. De Metrio, A. Demetropoulos, G. Gerosa, B.J. Godley, D.A. Haddoud, J. Houghton, L. Laurent & B. Lazar. 2003. Loggerhead turtles in the Mediterranean Sea: present knowledge and conservation perspectives. In: A. Bolten & B E. Witherington (Eds.). Loggerhead Sea Turtles. Smithsonian Books, Washington pp. 175-198. Oruç, A., Türkozan O. & H. Durmuş. 2003. In the Tracks of Marine Turtles: Assessment of Marine Turtle Nesting Sites 2003. WWF, Istanbul. 96pp. Türkozan, O. 2000. Reproductive ecology of the loggerhead turtle, Caretta caretta, on Fethiye and Kızılot beaches, Turkey. Chelonian Conservation and Biology 3:686-692.

DOCUMENTS SUBMITTED TO THE BERN CONVENTION Available online at: http://medasset.org/en/resource-centre/publications/technical-reports-positionpapers-and-policy-recommendation

T-PVS/Files (2013) 9. MEDASSET. March & September 2013. Update on Loggerhead sea turtle (Caretta caretta) Conservation Monitoring in Fethiye, Turkey. T-PVS/Files (2012) 42. MEDASSET. September 2012. Update on Loggerhead sea turtle (Caretta caretta) Conservation Monitoring in Fethiye, Turkey. Published without a T-PVS reference. MEDASSET. December 2011. Update on Loggerhead sea turtle (Caretta caretta) Conservation Monitoring in Fethiye, Turkey. Published without a T-PVS reference. MEDASSET. April 2011. Destruction of Sea Turtle Nesting Beaches in Fethiye SPA, Turkey. Published without a T-PVS reference. MEDASSET. March 2011. Update on Loggerhead sea turtle (Caretta caretta) Conservation Monitoring in Fethiye, Turkey. T-PVS (2010) 08 E. MEDASSET. March & September 2010. Implementation of Recommendation No. 66 (1998) on the conservation status of some nesting beaches for marine turtles in Turkey. Published without a T-PVS reference. MEDASSET. September 2009. Complaint to the Bern Convention addressing the threats facing the loggerhead sea turtle (Caretta caretta) nesting beaches in Fethiye, Muğla province of Turkey. Published without a T-PVS reference. MEDASSET. September 2008. Sea turtle nesting beach 32

7 October 2011 letter of the Bern Convention Standing Committee Chair to the Minister of Environment and Forestry

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degradation in ร irali and Fethiye, Turkey.

RELEVANT RECOMMENDATIONS OF THE STANDING COMMITTEE Recommendation No. 66 (1998) on the conservation status of some nesting beaches for marine turtles in Turkey. Recommendation No. 24 (1991) on the protection of some beaches in Turkey of particular importance to marine turtles.

SUPPORTING INFORMATION

Fig. 1. Location of Fethiye among other important nesting beaches (top) and Fethiye SPA nesting beach subsubsections (bottom). Source: Ilgaz et al., 2007 (developments since 2006-7 are not shown here).

Fig. 2: Location of the planned drydock on Akgรถl beach. Note: Iskele=Dockage; Kiyi Seridi=Coastline; Parsel=Plot; Mendirek=jetty. Source: Leaflet distributed at a public meeting held in March 2011 in Fethiye (see report by MEDASSET, April 2011).

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UPDATE REPORT BY THE NGO Marine Turtle Conservation in the Mediterranean LOGGERHEAD SEA TURTLE (CARETTA CARETTA) CONSERVATION MONITORING IN PATARA SPA, TURKEY - March 2014 Document presented by MEDASSET - the Mediterranean Association to Save the Sea Turtles for the 34th Standing Committee Meeting of the Contracting Parties to the Convention on the Conservation of European Wildlife and Natural Habitats (Bern Convention) MEDASSET hereby submits an update report on conservation issues relevant to marine turtles and their habitats in Patara Specially Protected Area (SPA) in Turkey, for consideration by the first Bureau Committee Meeting of the Bern Convention (April 2014).

Background Patara SPA is an archaeological site of international importance and a protected nature site that includes a loggerhead sea turtle (Caretta caretta) nesting beach (see Fig. 1-2 for location and SPA zoning). Threats to Patara were first raised by MEDASSET in 1988. In 1996 a follow up Case File was opened and Recommendation No. 54 was adopted. The File was closed in 2001; MEDASSET continued to monitor the conservation status of Patara and submit reports to the Standing Committee. In September 2012 MEDASSET submitted a complaint (2012/9) on a large scale summer house construction project within the Patara SPA and on the failure of the current land use and management plan to secure adequate protection for both the natural and archaeological site. As described in the complaint, the project will impact the loggerhead nesting population, by increasing disturbances and habitat damage. The complaint also presents an interpretation of the multiple changes to the zoning and the management plan of Patara SPA, which made construction within the the 3rd Degree Archaeological protected area possible, in disregard of expert opinion provided by archaeologists and planners since 1978. The original plan did not allow any new permanent constructions in the 3rd Degree Archaeological protected area apart from those necessary to cater to the needs of the small village and envisaged the development of low-impact, small-scale tourism facilities, with the aim to maintain cultural, historical, archaeological and natural components of the site. No information on an EIA or carrying capacity study prior to the approval of the project is available. To our knowledge the approval of the construction project has not been matched with an updated plan to manage and mitigate the impacts of the increased users of the protected area. In 2013, 27 villas and swimming pools were completed by Ozlenen Deniz Housing Cooperative, and inadequate management of the nesting beach was documented (T-PVS/Files 2013 - 9). In December 2013, the Bern Convention Standing Committee decided to open a case file (2012/9) to address the complaint and to encourage Turkish authorities to work towards greater accountability, cooperation and responsibility. No information or update was provided by the Turkish delegate before, during or after the Standing Committee Meeting.

Update (December 2013 - March 2014) Articles in the Turkish press in February 2014 (Annex 1) reported that KUMKO Housing Cooperative will commence construction of 150 villas. HITIT Housing Cooperative stated that 122 villas will be constructed on the Cooperativeâ&#x20AC;&#x2122;s lands within the protected area and added that their request to exchange these lands for lands outside the protected area was not accepted by the authorities. According to the press articles, in total 300 villas will be built by the three Cooperatives inside the protected area (see blue area in Fig. 2).

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Conclusion This large scale summer house construction project within Patara SPA is incompatible with the Bern Convention Recommendations on the conservation and management of Patara beach: No. 12 (1988), No. 24 (1991), No. 54 (1996) and No. 66 (1998). MEDASSET calls upon the Turkish authorities to:    

Provide a clear position regarding the construction project within the SPA and address the points raised in MEDASSET’s complaint regarding the associated impacts, lack of an EIA and carrying capacity study. Urgently re-evaluate the scale of the project. Revise the SPA management plan and implement, before May 2014, a comprehensive and updated action plan that will strengthen management and ensure adequate protection of the natural and archeological site Allocate the necessary financial and human resources that will ensure enforcement of regulations and measures.

We call upon the Bern Convention Standing Committee to encourage and assist Turkish authorities to implement the above in order to ensure that the existing Recommendations are adhered and that any development within Patara is sufficiently managed and is compatible with its protected status. We urge the Bureau Committee to consider conducting an on-the-spot assessment to collect information needed in order to address the complaint, due to the lack of reporting on behalf of the Turkish authorities on the matter. DOCUMENTS SUBMITTED TO THE BERN CONVENTION Available online at: http://medasset.org/en/resource-centre/publications/technical-reports-positionpapers-and-policy-recommendation T-PVS (96) 53A: MEDASSET: Conservation of loggerhead turtles, Caretta caretta, and construction projects on the beach of Patara, Turkey. T-PVS (96) 53: MEDASSET: Conservation of loggerhead turtles, Caretta caretta, and construction projects on the beach of Patara, Turkey. (Brief Update on action to “Save Patara” 1989-1996). T-PVS (97) 45: MEDASSET: Marine turtle conservation in Patara, Turkey. T-PVS (98) 49: MEDASSET: Marine turtle conservation in Patara, Turkey. T-PVS (99) 69: MEDASSET: Caretta caretta in Patara, Turkey. T-PVS (2000) 57: MEDASSET: Conservation of the marine turtle, Caretta caretta, in Patara Turkey. T-PVS (2001) 72: MEDASSET Review of nature conservation situation in Patara SPA, Turkey. T-PVS/Files (2002) 14: MEDASSET Update report and review of nature conservation measures in Patara SPA, Turkey. T-PVS/Files (2003) 12: MEDASSET Update report and review of nature conservation measures in Patara SPA, Turkey. T-PVS/Files (2004) 13: MEDASSET Update report and review of nature conservation measures in Patara SPA, Turkey. T-PVS/Files (2005) 09: MEDASSET Update report and review of nature conservation measures in Patara SPA, Turkey. Published without a T-PVS reference (2007): MEDASSET Update report and review of nature conservation measures in Patara SPA, Turkey. Published without a T-PVS reference (2009): MEDASSET Update Report and review of nature conservation measures in Patara SPA, Turkey.

T-PVS/Files (2014) 16

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Published without a T-PVS reference (2012): Complaint to the Bern Convention: construction of summer houses within Patara SPA, Turkey. T-PVS/Files (2013) 09: MEDASSET Update on loggerhead sea turtle (Caretta caretta) conservation monitoring in Patara SPA, Turkey. SUPPORTING INFORMATION

Fig. 1. Patara SPA map

Fig.2. Map of Patara SPA. Construction site is within the 3rd Degree Archaeological Site which is area in blue. Completed villas are indicated by arrow. Area in yellow is 1st Degree Archaeological Site; red line shows SPA borders.

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ANNEX 1 - TURKISH PRESS ON PATARA Excerpts and rough translation of press article, published in www.odatv.com, www.ulusalkanal.com.tr, www.acikgazete.com, www.turkcelil.com O villa onayı Türkiye'yi zora soktu 09.02.2014 Antalya'nın dünyaca ünlü antik kenti Patara'da uluslarası krize neden olan villa inşaatları Avrupalı çevre örgütlerini ayağa kaldırırken, bölgedeki kooperatifler inşaat yapabilmek için 20 yıldır beklediklerini dile getirerek kendini savunuyor. Yüksek Şehir ve Bölge Plancısı Prof. Dr. Mehmet Tunçer ise Patara'nın tarihi ve doğal dokusuyla birlikte bütünüyle korunması gerektiğinin altını çizerek, antik kentin yapılaşma baskısıyla Bodrum ve Side gibi olacağı uyarısında bulundu. PATARA İÇİN BERN KONVANSİYONUNA ŞİKAYET DOSYASI SUNDULAR Dünyanın en güzel kumsallarından birine sahip olan Antalya’nın Kaş ilçesindeki Patara antik kenti, uzun süredir yapılaşma tartışmalarıyla gündemde. Tarihi ve doğal dokusuyla üç ayrı koruma statüsü bulunan Patara’da, için hazırlanan ve 2008 yılında onanan koruma amaçlı imar planının, geçmişte durdurulan yazlık amaçlı kooperatiflere düşük yoğunluklu yapı izni vermesi Türkiye’yi uluslararası arenada zora soktu. Uluslararası Akdeniz Deniz Kaplumbağalarını Koruma Birliği (MEDASSET), Patara’daki yapılaşmaya ilişkin hazırladığı şikayet dosyasını Bern Konvansiyonu Daimi Kurulu’na sundu. KORUMA AMAÇLI PLAN PATARA'YA NE GETİRİYOR Yetkililere göre dönemin ÖÇK Kurumu tarafından yeniden düzenlenen ve 31 Ekim 2008’de Antalya Koruma Kurulu tarafından onaylanan Patara Koruma Amaçlı İmar Planı, “köy yerleşimi” ve “kooperatif alanı” olarak iki ayrı bölgeden oluşuyor. Korumayı öngören plana göre, kooperatif alanı olarak ayrılan bölgede doğa ve arkeoloji alanına zarar vermeyecek ‘uyumlu’ ve ‘göze batmayan’ ev, pansiyon ve günübirlik tesislerin yapımına izin verilirken, ilgili komisyonun izni alınmak kaydıyla kamuya açık sosyal tesisler, restoran, büfe ve kafeterya gibi üniteler de yapılabilecek. PROF. DR. TUNÇER: 'YAPI İZNİ VERİLEN ALAN NEKROPOL OLABİLİR' Konuyla ilgili sorularımızı yanıtlayan Yüksek Şehir ve Bölge Plancısı Prof. Dr. Mehmet Tunçer, bugün kooperatiflere yapılaşma izni

The construction of villas at world famous ancient city of Patara, Antalya caused international crisis, on the other hand the cooperative authorities defend themselves by mentioning that they were waiting for 20 years to get construction permission. Prof. Dr. Mehmet Tunçer, urban and regional planner, noticed that if Patara couldn’t protect entirely with her historical and natural aspects, the pressure of the constructions will spoil the ancient city as happened in Bodrum and Side. COMPLAINT FILE ABOUT PATARA WAS SUBMITTED TO BERN CONVENTION Ancient city of Patara, having one of the world’s most beautiful beaches at the Kaş province of Antalya, has been on the agenda for a long time because of the construction discussions. When the development plan with the aim of protection for Patara, where is protecting by three different statuses due to historical and natural importance, approved in 2008 Turkey got in difficulty at international arena as the summer housing cooperatives which were stopped in the past are getting permission for low density constructions. Mediterranean Association to Save the Sea Turtles (MEDASSET) submitted a complaint file to the Standing Committee of Bern Convention related to those construction permissions in Patara. PATARA AND THE PLAN WITH THE AIM OF PROTECTION According to the authorities, the Patara development plan aimed protection which is rearranged by the organisation of Special Protected Areas and approved by the Protection Committee of Antalya on 31st October 2008 is formed from two different districts as “village settlement” and “area of cooperatives”. That plan which should consider the protection, give permission to cooperatives to build “harmonious” and “unobtrusive” houses, pensions and daily facilities without causing any harm at archaeological and natural sites. Also it would be possible to build public establishments like social centres, restaurants, kiosks, cafeterias by the permission of concerning authorities. PROF. DR. TUNÇER: ‘THE AREA WHICH IS PERMITTED TO CONSTRUCTION MIGHT BE NECROPOLIS’ Prof. Dr. Mehmet Tunçer, urban and regional planner replied our questions concerning the subject

T-PVS/Files (2014) 16 verilen 3. derece arkeolojik sit alanının, nekropol olmasının muhtemel olduğunun altını çizerek, Yani burası aslında 1. derece arkeolojik sit ilan edilmesi gerekli. Kazıldıkça hem Likya hem de sonraki dönemlere ilişkin lahit, mezar vb çıkması olasıdır. Yani denetimin çok iyi yapılması, kazının öncelikle el ile yapılması, herhangi bir buluntuya rastlandığında durdurulması gereklidir” dedi. 'KORUMA KURULU ÜYELERİ İLE GÖRÜŞMEK AĞIR CEZALIK BİR SUÇTUR' Patara’daki kooperatiflerden birinin 17 Mayıs 2013 tarihli faaliyet raporunda yer verilen, "Antalya Koruma Kurulu'nun, mimari ve diğer projeler konusundaki etkin üyesiyle ön görüşmeler sağlanmış, projelerimizin, kurul yetkilisiyle ön görüşmeler yapıldığı ve mutabakatı alındığı için 3-4 Haziran 2013'de toplanacak olan Antalya Kültür ve Tabiat Varlıklarını Koruma Kurulunca görüşme gündemine alınacağına, reddedilmeden Kabul edileceğine ve inşaat ruhsatı verileceğine kuvvetle inanıyoruz" şeklindeki ifadeleri de sert dille eleştiren Tunçer, "Koruma Kurulu üyeleri ile görüşülmesi ağır cezalık bir suçtur. Umarım bu konularda başka iddialar gündeme gelmez" görüşünü savundu. 'YAPILAŞMA BASKISIYLA PATARA BODRUM VE SİDE OLACAK' Patara için hazırlanan planının korumayı değil, çevreye aykırı olarak yapılaşmayı amaçladığını öne süren Tunçer, kumsalından arkeolojik sit alanına kadar Patara’nın bütünüyle koruma alanı olarak belirlenmesi gerektiğinin altını çizerek, “Kaçak yapılaşmalar tasfiye edilmeli kesinlikle yeni hiçbir yapılaşmaya izin verilmemelidir. Aksi takdirde yapılaşmalar giderek artacak ve Patara antik kenti içi ve çevresi arkeolojik alanları tahrip edilmiş yeni bir Side, Halikarnasos (Bodrum), Keramos, Perinthos olacaktır" görüşünü savundu. KOOPERATİF YETKİLİSİ: '20 YILDIR BEKLİYORUZ, MAĞDUR EDİLDİK' Tartışmaların odağında olan Patara’da üç ayrı yapı kooperatifi bulunuyor. Konuyla ilgili sorularımızı yanıtlayan Yeni Hitit Yapı Kooperatifi’nin yetkililerinden biri, alanda uygulamayı planladıkları yapılaşmanın doğaya ve tarihi dokuya uygun olacağını belirterek yapı yoğunluğunun da düşük olacağını dile getirdi. Kooperatifi Patara’nın ÖÇK ilan edilmesinden önce kurduklarını söyleyen yetkili, “biz burada 20-30 yıldır bekliyoruz. Bu konuda kooperatifimiz de mağduriyet yaşadı.

- 40 as: “3rd degree archaeological site where is allowed to construct by cooperatives might be necropolis. Indeed this area should be determined as 1st degree archaeological site. By the excavations it would be possible to find out tombs, sarcophagus, etc. belong to earlier and late periods of Lycia civilisation. There should be an intensive inspection; first of all, the excavation should be done manually and should stop in case of any founding.” ‘TO GET CONTACT WITH THE MEMBERS OF PROTECTION COMMITTEE IS A CRIME OF MAJOR PUNISHMENT’ Tunçer criticised strongly the explanation; “early negotiations were provided concerning the architectural and other projects with a member of the Antalya Protection Committee, who plays a prominent role in terms of projects and his approval was obtained. So we strongly believe that assessment of our projects shall be put on the agenda of the meeting of Antalya Cultural and Natural Heritage Protection Committee which shall be hold on June 3-4, 2013 and they shall be accepted without being refused and we shall obtain the building license.” which is written at the activity report, belonging to one of the cooperative dated 17 may 2013. He declared as: “Such contacts with the members of Protection Committee would be supposed as a crime for major case. I hope there would be no more such assertion”. ‘PATARA WILL BECOME LIKE BODRUM AND SIDE’ Tunçer suggested that the plan for Patara is prepared with the aim of construction instead of protection of environment. He stated that Patara should be determined as protected area completely, including all archaeological site and the beach. He continued as: “Illegal buildings should be eliminate and definitely any kind of new construction should be banned. Otherwise the constructions will expand gradually and after a while, antique city of Patara will be like Side, Halikarnasos (Bodrum), Keramos, Perinthos as the archaeological vestiges get spoiled including the centre and all around”. COOPERATIVE AUTHORITY: “WAITING FOR 20 YEARS, IT’S UNJUST” Patara where the discussions are focused, contains the investment of three different housing cooperatives. An authorized person from “Yeni Hitit” housing cooperative replied our questions. He said that the constructions what they planned to apply at the land would be in harmony with the historical and natural environment, also the density of construction would be very low. He continued as: “The Cooperative is founded before Patara got the status of Special Protected Area. We are waiting here for 20-30 years. This is unjust for the

- 41 Daha önce 558 üyemiz vardı. Bu süre içerisinde üye profilimiz değişti, sayıları 122’ye düştü. Üyelerimizin pek çoğu yaşlandı, içlerinde yaşamını yitirenler oldu. Kimisinin hisseleri de çocuklarına devroldu. Alan arkeolojik sit statüsünde olduğu için biz devlete ‘bize başka bir yer göster’ dedik. Ama bu teklifimiz kabul görmezken, yıllarca yapılaşmaya da izin verilmedi. Şimdi 2008’de hazırlanan koruma amaçlı imar planı kapsamında 700 metrekare alana 70 metrekare yapı yoğunluğunda villalar yapmayı planlıyoruz. Geçmişte bu Alana 558 temel atılmıştı. Şimdi bu sayı 122’ye düşecek. Yörenin dokusuna uygun taş evler yapacağız” görüşünü dile getirdi.Kooperatife ait 100 dönümlük alanda yeni inşaatlar yapmak için hazırlıklar yapıldığını anlatan yetkili, bu konuda il özel idaresi ve koruma kurulunun kararlarını beklediklerini söyledi. 'TÜM ALANDA SONDAJ ÇALIŞMASI YAPILDI' Kooperatife ait alanın nekropol olabileceği yönündeki görüşleri de sorduğumuz yetkili, Antalya Müzesi uzmanlarınca tüm alanda sondaj çalışması yapıldığını ancak herhangi bir kültür varlığına rastlanmadığını dile getirdi. 3 KOOPERATİF, 300 VİLLA Patara’da Yeni Hitit dışında Kumko ve Özlenen Deniz adı altında toplam üç ayrı yapı kooperatifi bulunuyor. Özlenen Deniz kooperatifi, Ova beldesi sınırlarında olduğu için geçtiğimiz yıl 27 villanın inşaatını tamamladı. Kumko kooperatifi ise 150 villa yapmaya hazırlanıyor. Böylece köy yerleşimindeki yapılaşma haricinde Patara’da 300’e yakın yeni villa inşa edilmiş olacak.

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cooperative and the members. Before we had 558 members, now it’s reduced to 122. Most members get old now, even some of them are died. Some members transfer their shares to their children. As the land has the status of archaeological site we ask to the authorities to exchange our lands . This proposal was not accepted but also all those years they didn’t give construction permission. Now, according to the development plan which is aimed to protection and approved in 2008 we consider to build the villas with a density of 70 m² at every 700m² lands. At the beginning 558 basements were prepared all over this area, now they will reduce to 122. We will build stone houses which would fit this environment”. He explained that 10 hectares of cooperative lands were prepared for new constructions and just waiting the decisions of Protection Committee and Province Administration to start. ‘SURVEY DONE ALL OVER THE LAND’ The suspicion that the cooperative land might be the necropolis was commented by this person: “All over the land was surveyed by the experts of Antalya Museum but they couldn’t find any trace of cultural heritage”. 3 COOPERATIVES, 300 VILLAS There is three different housing cooperatives exist in Patara, beyond “Yeni Hitit” the other two of them called as; Kumko” and “Özlenen Deniz”. However “Özlenen Deniz” cooperative is being in the borders of Ova municipality, they had begun to build 27 villas and completely finished them last year. “Kumko” cooperative is getting prepared to build 150 villas. So except the constructions at village settlements, there would be around 300 villas will build at cooperatives’ areas.