4. Marco jurídico del derecho de los pueblos indígenas y tribales a la consulta previa
4.2 Desarrollo normativo y jurisprudencial del derecho de los pueblos indígenas y tribales a la consulta previa
4.2.1 Principios y reglas constitucionales y su entendimiento por la jurisprudencia constitucional
Australia through statistical design, the development of statistical models, and
effective
collaboration with ecologists. Significantly, these contributions have contributed across several
biological research areas that are outlined in the following sections.
1.5.1 The design of large-scale quasi-experiments in landscape ecology: Chapters 2, 3, 4,
and 5, and Appendix A
The process of design often involves extensive collaboration between statisticians and
ecologists. As previously mentioned, a lengthy iterative process is required where ecological
questions and different designs are considered.
1.5.2 Forest ecology: Chapters 3 and 9
In Chapter 3 there was a focus on comparing bird responses between remnant patch types after
many years of forest fragmentation. The findings indicated that irrespective of size and shape,
all fragments have significant conservation value. In addition, smaller birds with smaller
clutches using cup nests or burrows were more likely to occupy patch-shaped remnants than
other woodland fragments types.
In the paper presented in Chapter 9, the effects of plantation development on changes in
woodland bird biodiversity were examined. The findings indicated that bird species associated
with open country and woodland environments were disadvantaged by emerging pine
plantations, whereas those benefiting included forest taxa and/or habitat generalists capable of
inhabiting pine stands and adjacent woodland patches. Additionally, some of the main attributes
of retained woodland patches associated with temporal changes in bird occupancy included the
number of boundaries with surrounding pines, the size of woodland patches, and the dominant
vegetation type of woodland patches.
1.5.3 Wildlife biology: Chapters 6 and 8
The simultaneous calling of many bird species around sunrise, commonly referred to as the
dawn chorus, is a major feature of bird communities in many environments ranging from deserts
to tropical rainforests. In the papers presented in Chapters 6 and 8, we addressed the general
question whether data obtained by birdcall recorders provide useful behavioural and ecological
information such as call rates (number of calls per bird).
1 / INTRODUCTION 21
Subsequent analysis suggested that these data provide limited but useful information about
vocal activity per bird. Automatic sound-recording data may be informative for drawing
inferences about temporal patterns in vocal activity but do not seem to be useful as a method for
estimating the abundance of birds. For most groups of birds, the observed relationships between
the number of calls recorded by sound recorders and the total number of birds detected by
human point counts were found to be statistically significant but weak. For data aggregated over
groups of sites, there was evidence of direct proportionality between the number of notes and
the abundance of birds. This was not the case for site level data. For measuring biodiversity, the
relationship between the number of species vocalising and the number detected was not directly
proportional but was nevertheless highly significant. There were many more species detected by
sound recorders than there were by human observers.
After an initial early peak of activity, there was a significant, roughly linear, decline in vocal
activity across the morning. Vocal activity persisted longer at sites located within large areas of
continuous eucalypt forest than in the strip- and patch-shaped eucalypt remnants surrounded by
extensive stands of radiata pine or at sites dominated by stands of radiata pine. There was
evidence that the pattern of persistence of vocal activity differed between the different bird
groups.
1.5.4 Restoration ecology: Chapters 5 and 7, and Appendix B
In this section, I examine different aspects of the effectiveness of revegetation on biodiversity
in agricultural landscapes. Reptiles and arboreal marsupials were shown to be less likely to
occur on farms and in landscapes with comparatively large areas of plantings (Chapter 5). It was
clear that although plantings may improve habitat conditions for some taxa, they may not
effectively offset the negative impact of native vegetation clearing for all species, especially
those reliant on old-growth woodland. Restoring suitable habitat for such species may take
decades or even centuries.
Chapter 7 contains results revealing that farms with high value remnant native vegetation
were those most likely to support declining or vulnerable bird species, although some individual
species of conservation concern occurred on farms with large plantings. Consequently, farm
management for improved bird conservation should account for the cumulative and
complementary contributions of many components of remnant native vegetation cover (e.g.,
scattered paddock trees and fallen timber) as well as areas of restored native vegetation.
Results presented in Appendix B suggest that replanting programs aimed at maximising bird
species richness may benefit from consideration of planting geometry. In particular, linking
22 1 / INTRODUCTION
strip plantings to create intersections and/or establishing block plantings appears to be superior
to isolated strips for aggregate species richness. Evidence was found of extra variation at the
farm level for species richness and derived assemblage scores, suggesting a farm-scale response.
This suggests the importance of other, often unmeasured, variables (e.g., baiting for feral
animals) at the farm level.
1.5.5 Conservation science: Chapters 10 and 11
The science of monitoring changes in biodiversity is fundamental in biological conservation.
Tracking change is essential to guide sustainable management. The statistical methodology
presented in Chapter 10 offers a flexible and practical way to assess long-term change in
situations where abundance data are scarce and difficult to gather on a sufficient scale. The
resulting analyses demonstrated the usefulness of presence–absence, volunteer-collected data
for tracking change in bird populations. A most important outcome repeated in many data sets
analysed so far was that anecdotal observation can lead to misleading conclusions.
A second paper under this theme, presented in Chapter 11, contains results from an analysis
of 76 bird species collected over 10 years in 66 patches of woodland in south-eastern Australia,
using an adaptation of the methodology outlined in Chapter 10. The results provide a more
positive outlook than do some more recent published findings from other regions and the
general view based on anecdotal reports. Declines or increases are very species-specific, rather
than related to groups defined by life history traits or other attributes. Application of the
method on many data sets again suggests that anecdotal reports can easily result in misleading
conclusions about long-term trends. Furthermore, a notable feature of bird data is the presence
of large inter-annual variation. This suggests that to determine long-term systematic changes in
bird populations, long-term data sets (e.g., >15 years) are required.
1.5.6 Landscape scale effects for several measures of biodiversity and the role of
vegetation cover in explaining these patterns: Chapters12 and 13
The paper presented in Chapter 12 provides an empirical approach to the estimation of scale
effects as well as their statistical significance. The second paper, in Chapter 13, is more focused
on comparisons between cross-sectional and temporal or direct relationships between scale
effects on individual bird species.
Species-specific, scale-dependent responses to vegetation cover are identified by taking a
multi-scaled approach. These findings are of considerable practical importance for gaining
insights into which species respond to different scales of protection in existing areas of native
1 / INTRODUCTION 23
vegetation, efforts to increase the amount of native vegetation over time, and both approaches
together.
Variation in bird biodiversity at landscape, farm, and site scales exhibited significant
intrinsic scale-specific effects. This dependence was largely accounted for by native vegetation
cover with aggregate biodiversity increasing with increasing native vegetation cover at each
spatial scale and over time. Absolute gains in biodiversity per unit increase in vegetation cover
were greatest at relatively low amounts of vegetation cover. Every doubling of percent cover
resulted in an increase of 3.1, 2.3, and 0.7 species per landscape, farm, and site respectively.
These results can help prioritise investment strategies such as replanting native vegetation under
agri-environment schemes.
Cross-sectional relationships were identified with the amount of vegetation cover. These
were typically positive for woodland birds and negative for open-country birds. However, for
some species the relationships differed between spatial scales, suggesting differences in nesting
and foraging requirements. There was a 3.5% increase in the amount of native vegetation cover
in the study region between 2002 and 2010, and analyses revealed that some open-country
species responded negatively to these temporal changes, typically at the farm and/or site scale,
but not the landscape scale. Species generally exhibited stronger cross-sectional relationships
between occupancy and the amount of vegetation cover than between changes in occupancy and
changes in vegetation cover. This unexpected result could be attributed to differences in habitat
use by birds of existing vegetation cover (typically old growth woodland) versus plantings and
natural regeneration, the main contributors to temporal increases in vegetation cover.
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