Updated: Saturday January 18, 2014/AsSabt
Rabi' Awwal 17, 1435/Sanivara
Pausa 28, 1935, at 06:38:49 PM
The Convention on the Conservation of
Migratory Species of Wild Animals (1979)
1st November 1983
The Contracting Parties,
Recognizing that wild animals in their
innumerable forms are an irreplaceable part of the earth's natural system which
must be conserved for the good of mankind;
Aware that each generation of man holds
the resources of the earth for future generations and has an obligation to
ensure that this legacy is conserved and, where utilized, is used wisely;
Conscious of the ever-growing value of
wild animals from environmental, ecological, genetic, scientific, aesthetic,
recreational, cultural, educational, social and economic points of view;
Concerned particularly with those
species of wild animals that migrate across or outside national jurisdictional
boundaries;
Recognizing that the States are and must
be the protectors of the migratory species of wild animals that live within or
pass through their national jurisdictional boundaries;
Convinced that conservation and
effective management of migratory species of wild animals require the concerted
action of all States within the national jurisdictional boundaries of which
such species spend any part of their life cycle;
Recalling Recommendation 32 of the
Action Plan adopted by the United Nations Conference on the Human Environment (
Have agreed as follows:
Article I Interpretation
1. For the purpose of this Convention:
a) 'Migratory species' means the entire
population or any geographically separate part of the population of any species
or lower taxon of wild animals, a significant proportion of whose members
cyclically and predictably cross one or more national jurisdictional
boundaries;
b) 'Conservation status of a migratory
species' means the sum of the influences acting on the migratory species that
may affect its long-term distribution and abundance;
c) 'Conservation status' will be taken
as 'favourable' when:
(1) population dynamics data indicate
that the migratory species is maintaining itself on a long-term basis as a
viable component of its ecosystems;
(2) the range of the migratory species
is neither currently being reduced, nor is likely to be reduced, on a long-term
basis;
(3) there is, and will be in the
foreseeable future sufficient habitat to maintain the population of the
migratory species on a long-term basis; and
(4) the distribution and abundance of
the migratory species approach historic coverage and levels to the extent that
potentially suitable ecosystems exist and to the extent consistent with wise
wildlife management;
d) 'Conservation status' will be taken
as 'unfavourable' if any of the conditions set out in sub-paragraph (c) of this
paragraph is not met;
e) 'Endangered' in relation to a
particular migratory species means that the migratory species is in danger of
extinction throughout all or a significant portion of its range;
f) 'Range' means all the areas of land
or water that a migratory species inhabits, stays in temporarily, crosses or
overlies at any time on its normal migration route;
g) 'Habitat' means any area in the range
of a migratory species which contains suitable living conditions for that
species;
h) 'Range State' in relation to a
particular migratory species means any State (and where appropriate any other
Party referred to under subparagraph (k) of this paragraph) that exercises
jurisdiction over any part of the range of that migratory species, or a State,
flag vessels of which are engaged outside national jurisdictional limits in
taking that migratory species;
i) 'Taking' means taking, hunting,
fishing capturing, harassing, deliberate killing, or attempting to engage in
any such conduct;
j) 'Agreement' means an international
agreement relating to the conservation of one or more migratory species as
provided for in Articles IV and V of this Convention; and
k) 'Party' means a State or any regional
economic integration organization constituted by sovereign States which has
competence in respect of the negotiation, conclusion and application of
international Agreements in matters covered by this Convention for which this
Convention is in force.
2. In matters within their competence,
the regional economic integration organizations which are Parties to this
Convention shall in their own name exercise the rights and fulfil the
responsibilities which this Convention attributes to their member States. In
such cases the member States of these organizations shall not be entitled to
exercise such rights individually.
3. Where this Convention provides for a
decision to be taken by either a two-thirds majority or a unanimous decision of
'the Parties present and voting' this shall mean 'the Parties present and
casting an affirmative or negative vote'. Those abstaining from voting shall
not be counted amongst 'the Parties present and voting' in determining the
majority.
Article II Fundamental Principles
1. The Parties acknowledge the
importance of migratory species being conserved and of Range States agreeing to
take action to this end whenever possible and appropriate, paying special
attention to migratory species the conservation status of which is
unfavourable, and taking individually or in co-operation appropriate and
necessary steps to conserve such species and their habitat.
2. The Parties acknowledge the need to
take action to avoid any migratory species becoming endangered.
3. In particular, the Parties:
a) should promote, co-operate in and
support research relating to migratory species;
b) shall endeavour to provide immediate
protection for migratory species included in Appendix I; and
c) shall endeavour to conclude
Agreements covering the conservation and management of migratory species
included in Appendix II.
Article III Endangered Migratory
Species:
1. Appendix I shall list migratory
species which are endangered.
2. A migratory species may be listed in
Appendix I provided that reliable evidence, including the best scientific
evidence available, indicates that the species is endangered.
3. A migratory species may be removed
from Appendix I when the Conference of the Parties determines that:
a) reliable evidence, including the best
scientific evidence available, indicates that the species is no longer
endangered, and
b) the species is not likely to become
endangered again because of loss of protection due to its removal from Appendix
I.
4. Parties that are Range States of a
migratory species listed in Appendix I shall endeavour:
a) to conserve and, where feasible and
appropriate, restore those habitats of the species which are of importance in
removing the species from danger of extinction;
b) to prevent, remove, compensate for or
minimize, as appropriate, the adverse effects of activities or obstacles that
seriously impede or prevent the migration of the species; and
c) to the extent feasible and
appropriate, to prevent, reduce or control factors that are endangering or are
likely to further endanger the species, including strictly controlling the
introduction of, or controlling or eliminating, already introduced exotic
species.
5. Parties that are Range States of a
migratory species listed in Appendix I shall prohibit the taking of animals
belonging to such species. Exceptions may be made to this prohibition only if:
a) the taking is for scientific purposes;
b) the taking is for the purpose of
enhancing the propagation or survival of the affected species;
c) the taking is to accommodate the
needs of traditional subsistence users of such species; or
d) extraordinary circumstances so
require;
provided that such exceptions are
precise as to content and limited in space and time. Such taking should not
operate to the disadvantage of the species.
6. The Conferences of the Parties may
recommend to the Parties that are Range States of a migratory species listed in
Appendix I that they take further measures considered appropriate to benefit
the species.
7. The Parties shall as soon as possible
inform the Secretariat of any exceptions made pursuant to paragraph 5 of this
Article.
Article IV Migratory Species to be the
Subject of Agreements: Appendix II
1. Appendix II shall list migratory
species which have an unfavourable conservation status and which require
international agreements for their conservation and management, as well as
those which have a conservation status which would significantly benefit from
the international cooperation that could be achieved by an international
agreement.
2. If the circumstances so warrant, a
migratory species may be listed both in Appendix I and Appendix II.
3. Parties that are Range States of
migratory species listed in Appendix II shall endeavour to conclude Agreements
where these should benefit the species and should give priority to those
species in an unfavourable conservation status.
4. Parties are encouraged to take action
with a view to concluding agreements for any population or any geographically
separate part of the population of any species or lower taxon of wild animals,
members of which periodically cross one or more national jurisdiction
boundaries.
5. The Secretariat shall be provided
with a copy of each Agreement concluded pursuant to the provisions of this
Article.
Article V Guidelines for Agreements
1. The object of each Agreement shall be
to restore the migratory species concerned to a favourable conservation status
or to maintain it in such a status. Each Agreement should deal with those
aspects of the conservation and management of the migratory species concerned
which serve to achieve that object.
2. Each Agreement should cover the whole
of the range of the migratory species concerned and should be open to accession
by all Range States of that species, whether or not they are Parties to this
Convention.
3. An Agreement should, wherever
possible, deal with more than one migratory species.
4. Each Agreement should:
a) identify the migratory species
covered;
b) describe the range and migration route
of the migratory species;
c) provide for each Party to designate
its national authority concerned with the implementation of the Agreement.
d) establish, if necessary, appropriate
machinery to assist in carrying out the aims of the Agreement, to monitor its
effectiveness, and to prepare reports for the Conference of the Parties;
e) provide for procedures for the
settlement of disputes between Parties to the Agreement; and
f) at a minimum, prohibit, in relation
to a migratory species of the Order Cetacea, any taking that is not permitted
for that migratory species under any other multilateral Agreement and provide
for accession to the Agreement by States that are not Range States of that
migratory species.
5. Where appropriate and feasible, each
Agreement should provide for but not be limited to:
a) periodic review of the conservation
status of the migratory species concerned and the identification of the factors
which may be harmful to that status;
b) co-ordinated conservation and
management plans;
c) research into the ecology and
population dynamics of the migratory species concerned, with special regard to
migration;
d) the exchange of information on the
migratory species concerned, special regard being paid to the exchange of the
results of research and of relevant statistics;
e) conservation and, where required and
feasible, restoration of the habitats of importance in maintaining a favourable
conservation status, and protection of such habitats from disturbances,
including strict control of the introduction of, or control of already
introduced, exotic species detrimental to the migratory species;
f) maintenance of a network of suitable
habitats appropriately disposed in relation to the migration routes;
g) where it appears desirable, the
provision of new habitats favourable to the migratory species or reintroduction
of the migratory species into favourable habitats;
h) elimination of, to the maximum extent
possible, or compensation for activities and obstacles which hinder or impede
migration;
i) prevention, reduction or control of
the release into the habitat of the migratory species of substances harmful to
that migratory species;
j) measures based on sound ecological principles
to control and manage the taking of the migratory species;
k) procedures for co-ordinating action
to suppress illegal taking;
l) exchange of information on
substantial threats to the migratory species;
m) emergency procedures whereby
conservation action would be considerably and rapidly strengthened when the
conservation status of the migratory species is seriously affected; and
n) making the general public aware of
the contents and aims of the Agreement.
Article VI Range States
1. A list of the Range States of
migratory species listed in Appendices I and II shall be kept up to date by the
Secretariat using information it has received from the Parties.
2. The Parties shall keep the
Secretariat informed in regard to which of the migratory species listed in
Appendices I and II they consider themselves to be Range States, including
provision of information on their flag vessels engaged outside national
jurisdictional limits in taking the migratory species concerned and, where
possible, future plans in respect of such taking.
3. The Parties which are Range States
for migratory species listed in Appendix I or Appendix II should inform the
Conference of the Parties through the Secretariat, at least six months prior to
each ordinary meeting of the Conference, on measures that they are taking to
implement the provisions of this Convention for these species.
Article VII The Conference of the
Parties
1. The Conference of the Parties shall
be the decision-making organ of this Convention.
2. The Secretariat shall call a meeting
of the Conference of the Parties not later than two years after the entry into
force of this Convention.
3. Thereafter the Secretariat shall
convene ordinary meetings of the Conference of the Parties at intervals of not
more than three years, unless the Conference decides otherwise, and
extraordinary meetings at any time on the written request of at least one-third
of the Parties.
4. The Conference of the Parties shall
establish and keep under review the financial regulations of this Convention.
The Conference of the Parties shall, at each of its ordinary meetings, adopt
the budget for the next financial period. Each Party shall contribute to this
budget according to a scale to be agreed upon by the Conference. Financial
regulations, including the provisions on the budget and the scale of
contributions as well as their modifications, shall be adopted by unanimous
vote of the Parties present and voting.
5. At each of its meetings the
Conference of the Parties shall review the implementation of this Convention
and may in particular:
a) review and assess the conservation
status of migratory species;
b) review the progress made towards the
conservation of migratory species, especially those listed in Appendices I and
II;
c) make such provision and provide such
guidance as may be necessary to enable the Scientific Council and the Secretariat
to carry out their duties;
d) receive and consider any reports
presented by the Scientific Council, the Secretariat, any Party or any standing
body established pursuant to an Agreement;
e) make recommendations to the Parties
for improving the conservation status of migratory species and review the
progress being made under Agreements;
f) in those cases where an Agreement has
not been concluded, make recommendations for the convening of meetings of the
Parties that are Range States of a migratory species or group of migratory
species to discuss measures to improve the conservation status of the species;
g) make recommendations to the Parties
for improving the effectiveness of this Convention; and
h) decide on any additional measure that
should be taken to implement the objectives of this Convention.
6. Each meeting of the Conference of the
Parties should determine the time and venue of the next meeting.
7. Any meeting of the Conference of the
Parties shall determine and adopt rules of procedure for that meeting.
Decisions at a meeting of the Conference of the Parties shall require a
two-thirds majority of the Parties present and voting, except where otherwise provided
for by this Convention.
8. The United Nations, its Specialized
Agencies, the International Atomic Energy Agency, as well as any State not a
party to this Convention and, for each Agreement, the body designated by the
parties to that Agreement, may be represented by observers at meetings of the
Conference of the Parties.
9. Any agency or body technically
qualified in protection, conservation and management of migratory species, in
the following categories, which has informed the Secretariat of its desire to
be represented at meetings of the Conference of the Parties by observers, shall
be admitted unless at least one-third of the Parties present object:
a) international agencies or bodies,
either governmental or non- governmental, and national governmental agencies
and bodies; and
b) national non-governmental agencies or
bodies which have been approved for this purpose by the State in which they are
located.
Once admitted, these observers shall
have the right to participate but not to vote.
Article VIII The Scientific Council
1. At its first meeting, the Conference
of the Parties shall establish a Scientific Council to provide advice on
scientific matters.
2. Any Party may appoint a qualified
expert as a member of the Scientific Council. In addition, the Scientific
Council shall include as members qualified experts selected and appointed by
the Conference of the Parties; the number of these experts, the criteria for
their selection and the terms of their appointments shall be as determined by
the Conference of the Parties.
3. The Scientific Council shall meet at
the request of the Secretariat as required by the Conference of the Parties.
4. Subject to the approval of the
Conference of the Parties, the Scientific Council shall establish its own rules
of procedure.
5. The Conference of the Parties shall
determine the functions of the Scientific Council, which may include:
a) providing scientific advice to the
Conference of the Parties, to the Secretariat, and, if approved by the
Conference of the Parties, to any body set up under this Convention or an
Agreement or to any Party;
b) recommending research and the
co-ordination of research on migratory species, evaluating the results of such
research in order to ascertain the conservation status of migratory species and
reporting to the Conference of the Parties on such status and measures for its
improvement;
c) making recommendations to the
Conference of the Parties as to the migratory species to be included in
Appendices I and II, together with an indication of the range of such migratory
species;
d) making recommendations to the
Conference of the Parties as to specific conservation and management measures
to be included in Agreements on migratory species; and
e) recommending to the Conference of the
Parties solutions to problems relating to the scientific aspects of the
implementation of this Convention, in particular with regard to the habitats of
migratory species.
Article IX The Secretariat
1. For the purposes of this Convention a
Secretariat shall be established.
2. Upon entry into force of this
Convention, the Secretariat is provided by the Executive Director of the United
Nations Environment Programme. To the extent and in the manner he considers
appropriate, he may be assisted by suitable intergovernmental or
non-governmental, international or national agencies and bodies technically
qualified in protection, conservation and management of wild animals.
3. If the United Nations Environment
Programme is no longer able to provide the Secretariat, the Conference of the
Parties shall make alternative arrangements for the Secretariat.
4. The functions of the Secretariat
shall be:
a) to arrange for and service meetings:
(i) of the Conference of the Parties,
and
(ii) of the Scientific Council;
b) to maintain liaison with and promote
liaison between the Parties, the standing bodies set up under Agreements and
other international organizations concerned with migratory species;
c) to obtain from any appropriate source
reports and other information which will further the objectives and
implementation of this Convention and to arrange for the appropriate
dissemination of such information;
d) to invite the attention of the
Conference of the Parties to any matter pertaining to the objectives of this
Convention;
e) to prepare for the Conference of the
Parties reports on the work of the Secretariat and on the implementation of
this Convention;
f) to maintain and publish a list of
Range States of all migratory species included in Appendices I and II;
g) to promote, under the direction of
the Conference of the Parties, the conclusion of Agreements,
h) to maintain and make available to the
Parties a list of Agreements and, if so required by the Conference of the
Parties, to provide any information on such Agreements;
i) to maintain and publish a list of the
recommendations made by the Conference of the Parties pursuant to
sub-paragraphs (e), (f) and (g) of paragraph 5 of Article VII or of decisions
made pursuant to sub-paragraph (h) of that paragraph;
j) to provide for the general public
information concerning this Convention and its objectives; and
k) to perform any other function
entrusted to it under this Convention or by the Conference of the Parties.
Article X Amendment of the Convention
1. This Convention may be amended at any
ordinary or extraordinary meeting of the Conference of the Parties.
2. Proposals for amendment may be made
by any Party.
3. The text of any proposed amendment
and the reasons for it shall be communicated to the Secretary at least one
hundred and fifty days before the meeting at which it is to be considered and
shall promptly be communicated by the Secretary to all Parties. Any comments on
the text by the Parties shall be communicated to the Secretariat not less than
sixty days before the meeting begins. The Secretariat shall, immediately after
the last day for submission of comments, communicate to the Parties all
comments submitted by that day.
4. Amendments shall be adopted by a
two-thirds majority of Parties present and voting.
5. An amendment adopted shall enter into
force for all Parties which have accepted it on the first day of the third
month following the date on which two-thirds of the Parties have deposited an
instrument of acceptance with the Depositary. For each Party which deposits an
instrument of acceptance after the date on which two-thirds of the Parties have
deposited an instrument of acceptance, the amendment shall enter into force for
that Party on the first day of the third month following the deposit of its
instrument of acceptance.
Article XI Amendment of the Appendices
1. Appendices I and II may be amended at
any ordinary or extraordinary meeting of the Conference of the Parties.
2. Proposals for amendment may be made
by any Party.
3. The text of any proposed amendment
and the reasons for it, based on the best scientific evidence available, shall
be communicated to the Secretariat at least one hundred and fifty days before
the meeting and shall promptly be communicated by the Secretariat to all
Parties. Any comments on the text by the Parties shall be communicated to the
Secretariat not less than sixty days before the meeting begins. The Secretariat
shall, immediately after the last day for submission of comments, communicate
to the Parties all comments submitted by that day.
4. Amendments shall be adopted by a
two-thirds majority of Parties present and voting.
5. An amendment to the Appendices shall
enter into force for all Parties ninety days after the meeting of the
Conference of the Parties at which it was adopted, except for those Parties
which make a reservation in accordance with paragraph 6 of this Article.
6. During the period of ninety days
provided for in paragraph 5 of this Article, any Party may by notification in
writing to the Depositary make a reservation with respect to the amendment. A
reservation to an amendment may be withdrawn by written notification to the
Depositary and thereupon the amendment shall enter into force for that Party
ninety days after the reservation is withdrawn.
Article XII Effect on International
Conventions and Other Legislations
1. Nothing in this Convention shall
prejudice the codification and development of the law of the sea by the United
Nations Conference on the Law of the Sea convened pursuant to Resolution 2750 C
(XXV) of the General Assembly of the United Nations nor the present or future
claims and legal views of any State concerning the law of the sea and the
nature and extent of coastal and flag State jurisdiction.
2. The provisions of this Convention
shall in no way affect the rights or obligations of any Party deriving from any
existing treaty, convention or Agreement.
3. The provisions of this Convention
shall in no way affect the right of Parties to adopt stricter domestic measures
concerning the conservation of migratory species listed in Appendices I and II
or to adopt domestic measures concerning the conservation of species not listed
in Appendices I and II.
Article XIII Settlement of Disputes
1. Any dispute which may arise between
two or more Parties with respect to the interpretation or application of the
provisions of this Convention shall be subject to negotiation between the
Parties involved in the dispute.
2. If the dispute cannot be resolved in
accordance with paragraph 1 of this Article, the Parties may, by mutual
consent, submit the dispute to arbitration, in particular that of the Permanent
Court of Arbitration at The Hague, and the Parties submitting the dispute shall
be bound by the arbitral decision.
Article XIV Reservations
1. The provisions of this Convention
shall not be subject to general reservations. Specific reservations may be
entered in accordance with the provisions of this Article and Article XI.
2. Any State or regional economic
integration organization may, on depositing its instrument of ratification,
acceptance, approval or accession, enter a specific reservation with regard to
the presence on either Appendix I or Appendix II or both, of any migratory
species and shall then not be regarded as a Party in regard to the subject of
that reservation until ninety days after the Depositary has transmitted to the
Parties notification that such reservation has been withdrawn.
Article XV Signatur
This Convention shall be open for
signature at
Article XVI Ratification, Acceptance,
Approval
This Convention shall be subject to
ratification, acceptance or approval. Instruments of ratification, acceptance
or approval shall be deposited with the Government of the Federal Republic of
Germany, which shall be the Depositary.
Article XVII Accession
After the twenty-second day of June 1980
this Convention shall be open for accession by all non-signatory States and any
regional economic integration organization. Instruments of accession shall be
deposited with the Depositary.
Article XVIII Entry into Force
1. This Convention shall enter into
force on the first day of the third month following the date of deposit of the
fifteenth instrument of ratification, acceptance, approval or accession with
the Depositary.
2. For each State or each regional
economic integration organization which ratifies, accepts or approves this
Convention or accedes thereto after the deposit of the fifteenth instrument of
ratification, acceptance, approval or accession, this Convention shall enter
into force on the first day of the third month following the deposit by such
State or such organization of its instrument of ratification, acceptance,
approval or accession.
Article XIX Denunciation
Any Party may denounce this Convention
by written notification to the Depositary at any time. The denunciation shall
take effect twelve months after the Depositary has received the notification.
Article XX Depositary
1. The original of this Convention, in
the English, French, German, Russian and Spanish languages, each version being
equally authentic, shall be deposited with the Depositary. The Depositary shall
transmit certified copies of each of these versions to all States and all
regional economic integration organizations that have signed the Convention or
deposited instruments of accession to it.
2. The Depositary shall, after
consultation with the Governments concerned, prepare official versions of the
text of this Convention in the Arabic and Chinese languages.
3. The Depositary shall inform all
signatory and acceding States and all signatory and acceding regional economic
integration organizations and the Secretariat of signatures, deposit of
instruments of ratification, acceptance, approval or accession, entry into
force of this Convention, amendments thereto, specific reservations and
notifications of denunciation.
4. As soon as this Convention enters
into force, a certified copy thereof shall be transmitted by the Depositary to
the Secretariat of the United Nations for registration and publication in
accordance with Article 102 of the Charter of the United Nations.
In witness whereof the undersigned,
being duly authorized to that effect, have signed this Convention.
Done at
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