Convention Relative to the Preservation of Fauna and Flora

 

 

Article 1

1. Save as regards the territories mentioned in paragraph 3 (i) of the
present Article, any Contracting Government shall be at liberty in
accordance with the provisions of Article 13, to assume, in respect of
any of its territories (including metropolitan territories, colonies,
overseas territories, or territories under suzerainty, protection, or
mandate), only those obligations of the present Convention which are set
out in Article 9, paragraph 3, 8 and 9. The term “in part”in the present
Convention shall be deemed to refer to those obligations.

2. The expression “territory” or “territories”in relation to any
Contracting Government shall, for the purposes of Articles 2-12 of the
present Convention, denote the territory or territories of that
government to which the Convention is applicable in full, and, subject to
the provisions of the preceding paragraph and of Article 13, the
obligations arising under Articles 2-12 shall relate only to such
territories.

3. The present Convention shall apply and shall be applicable in full to
(i) all the territories (i.e., metropolitan territories, colonies,
overseas territories, or territories under suzerainty, protection, or
mandate) of any Contracting Government which are situated in the
continent of Africa, including Madagascar and Zanzibar; (ii) any other
territory in respect of which a Contracting Government shall have assumed
all the obligations of the present Convention in accordance with the
provisions of Article 13.

4. For the purposes of the present Convention the British High Commission
Territories in South Africa shall be regarded as territory.

5. The present Convention shall not have any application, either in full
or in part, to any metropolitan territory not situated in the continent
of Africa, except where and to the extent to which a declaration
effecting such application is made under Article 13.

Article 2

For the purposes of the present Convention:

1. The expression “national park”shall denote an area (a) placed
under public control, the boundaries of which shall not be altered or
any portion be capable of alienation except by the competent
legislative authority, (b) set aside for the propagation, protection
and preservation of wild animal life and wild vegetation, and for the
preservation of objects of aesthetic, geological prehistoric,
historical, archaeological, or other scientific interest for the
benefit, advantage, and enjoyment of the general public, (c) in which
the hunting, killing or capturing of fauna and the destruction or
collection of flora is prohibited except by or under the direction or
control of the park authorities.

In accordance with the above provisions facilities shall, so far as
possible, be given to the general public for observing the fauna and
flora in national parks.

2. The term “strict natural reserve”shall denote an area placed
under public control, throughout which any form of hunting or
fishing, any undertakings connected with forestry, agriculture, or
mining, any excavations or prospecting, drilling, levelling of the
ground, or construction, any work involving the alteration of the
configuration of the soil or the character of the vegetation, any act
likely to harm or disturb the fauna and flora and the introduction of
any species of fauna and flora, whether indigenous or imported, wild
or domesticated, shall be strictly forbidden; which it shall be
forbidden to enter, traverse, or camp in without a special written
permit from the competent authorities, and in which scientific
investigations may only be undertaken by permission of those
authorities.

3. The expression “animal”or “species”shall denote all
vertebrates and invertebrates (including non-edible fish, but not
including edible fish except in a national park or strict natural
reserve), their nests, eggs, egg-shells, skins, and plumage.

Article 3

1. The Contracting Government will explore forthwith the possibility of
establishing in their territories national parks and strict natural
reserves as defined in the preceding Article. In all cases where the
establishment of such parks or reserves is possible, the necessary work
shall be commenced within two years from the date of the entry into force
of the present Convention.

2. If in any territory the establishment of a national park or strict
natural reserve is found to be impracticable at present, suitable areas
shall be selected as early as possible in the development of the
territory concerned, and the areas so selected shall be transformed into
national parks or strict natural reserves as soon as, in the opinion of
the authorities of the territory, circumstances will permit.

Article 4

The Contracting Governments will give consideration in respect of each of
their territories to the following administrative arrangements:

1. The control of all white or native settlements in national
parks with a view to ensuring that as little disturbance as possible
is occasioned to the natural fauna and flora.

2. The establishment round the borders of national parks and
strict natural reserves of intermediate zones within which the
hunting, killing and capturing of animals may take place under the
control of the authorities of the park or reserve, but in which no
person who becomes an owner, tenant, or occupier after a date to be
determined by the authority of the territory concerned shall have any
claim in respect of depredations caused by animals.

3. The choice in respect of all national parks of areas sufficient
in extent to cover, so far as possible, the migrations of the fauna
preserved therein.

 

Article 5

1. The Contracting Governments shall notify the Government of the United
Kingdom of Great Britain and Northern Ireland of the establishment of any
national parks or strict natural reserves (defining the area of the parks
or reserves), and of the legislation, including the methods of
administration and control, adopted in connexion therewith.

2. They shall similarly notify any information relevant to the purposes
of the present Convention and communicated to them by any national
museums or by any societies, national or international, established
within their jurisdiction and interested in those purposes.

3. The Government of the United Kingdom will communicate the information
so received to the other Governments whether in full or in part.

 

Article 6

In all cases in which it is proposed to establish in any territory of a
Contracting Government a national park or strict natural reserve
contiguous to a park or reserve situated in another territory (whether of
that Government or of another Contracting Government), or to the boundary
of such territory, there shall be prior consultation between the
competent authorities of the territories concerned. Similarly, there
shall be cooperation between those authorities subsequent to the
establishment of the park or reserve, or where such a park or reserve is
already established.

Article 7

Irrespective of any action which may be taken under Article 3 of the
present Convention, the Contracting Governments shall, as measures
preliminary and supplementary to the establishment of national parks or
strict natural reserves:

1. Set aside in each of their territories suitable areas (to be
known as reserves) within which the hunting, killing or capturing of
any part of the natural fauna (exclusive of fish) shall be prohibited
save (a) by the permission, given for scientific or administrative
purposes in exceptional cases by the authorities of the territory or
by the central authorities under whom the reserves are placed, or (b)
for the protection of life and property. Licences granted under
Article 8, paragraphs 1 and 3, shall not extend to reserves.

2. Extend to these areas, as far as may be practicable, a similar
degree of protection to the natural flora.

3. Consider the possibility of establishing in each of their
territories special reserves for the preservation of species of fauna
and flora which it is desired to preserve, but which are not
otherwise adequately protected, with special reference to species
mentioned in the annex to the present Convention.

4. Furnish information regarding the reserves established in
accordance with the preceding paragraphs to the Government of the
United Kingdom, which will communicate such information to all the
Governments mentioned in Article 5, paragraph 2.

5. Take, so far as in their power lies, all necessary measures to
ensure in each of their territories a sufficient degree of forest
country and the preservation of the best native indigenous forest
species, and, without prejudice to the provisions of Article 2,
paragraph 2, give consideration to the desirability of preventing the
introduction of exotic trees or plants into national parks or
reserves.

6. Establish as close a degree of co-operation as possible between
the competent authorities of their respective territories with the
object of facilitating the solution of forestry problems in those
territories.

7. Take the necessary measures to control and regulate so far as
possible the practice of firing the bush on the borders of forests.

8. Encourage the domestication of wild animals susceptible of
economic utilisation.

 

Author: international

Mentioned in these Entries

Convention Relative to the Preservation of Fauna and Flora 2, Convention Relative to the Preservation of Fauna and Flora 3, Conventions: Chronological Index, Flora and Fauna – Biodiversity conventions, country.