Convention on the Conservation of Migratory Species of Wild Animals

 

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: Appendix I

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.

 

Author: international

Mentioned in these Entries

Agreement on the Conservation of Cetaceans of the Black Sea, Mediterranean Sea and Contiguous Atlantic Area, Convention on the Conservation of Migratory Species of Wild Animals 2, Convention on the Conservation of Migratory Species of Wild Animals 3, Conventions: Chronological Index 1971-1990, Environment and Wildlife conventions, Flora and Fauna – Biodiversity conventions, Settlement of Disputes.