|
.gif)
| | |
Protocol Concerning Specially Protected Areas and Wildlife
to the Convention for the Protection and Development of the
Marine Environment of the Wider Caribbean Region
Adopted at Kingston on 18 January 1990
The Final Act of the Conference of Plenipotentiaries
Concerning Specially Protected Areas and Wildlife in the Wider Caribbean
Region
The Contracting Parties to this Protocol,
|
Being Parties to the Convention for the Protection and Development of the Marine
Environment of the Wider Caribbean Region, done at Cartagena
de Indias, Colombia on 24 March 1983,
Taking
into account Article 10 of the Convention which requires the establishment
of specially protected areas,
Having regard
to the special hydrographic, biotic and ecological characteristics
of the Wider Caribbean Region,
Conscious of
the grave threat posed by ill-conceived development options
to the integrity of the marine and coastal environment of
the Wider Caribbean Region,
Recognizing that
protection and maintenance of the environment of the Wider
Caribbean Region are essential to sustainable development
within the region,
Conscious of the overwhelming
ecological, economic, aesthetic, scientific, cultural, nutritional
and recreational value of rare or fragile ecosystems and
native flora and fauna to the Wider Caribbean Region,
Recognizing that the Wider Caribbean Region constitutes
an interconnected group of ecosystems in which an environmental
threat in one part represents a potential threat in other
parts,
Stressing the importance of establishing
regional co-operation to protect and, as appropriate, to
restore and improve the state of ecosystems, as well as
threatened and endangered species and their habitats in
the Wider Caribbean Region by, among other means, the establishment
of protected areas in the marine areas and their associated
ecosystems,
Recognizing that the establishment
and management of such protected areas, and the protection
of threatened and endangered species will enhance the cultural
heritage and values of the countries and territories in
the Wider Caribbean Region, and bring increased economic
and ecological benefits to them,
Have agreed
as follows: |
|
Article 1 DEFINITIONS
For the purpose of this Protocol:
- "Convention" means the Convention for
the Protection and Development of the Marine Environment of
the Wider Caribbean Region (Cartagena de Indias, Colombia,
March 1983);
- "Action Plan" means the Action Plan for the Caribbean
Environment Programme (Montego Bay, April 1981);
- "Wider Caribbean Region" has the meaning given
to the term "the Convention area" in Article 2(1)
of the Convention, and in addition, includes for the purposes
of this Protocol:
- waters on the landward side of the baseline
from which the breadth of the territorial sea is measured
and extending, in the case of water courses, up to the
fresh water limit; and
- such related terrestrial areas (including watersheds)
as may be designated by the Party having sovereignty and
jurisdiction over such areas:
- "Organization" means the body referred to in Article
2(2) of the Convention;
- "Protected area" means the areas accorded protection
pursuant to article 4 of this Protocol;
- "Endangered species" are species or sub-species
of fauna and flora, or their populations, that are in danger
of extinction throughout all or part of their range and whose
survival is unlikely if the factors jeopardizing them continue
to operate;
- "Threatened species" are species or sub-species
of fauna and flora , or their populations:
- that are likely to become endangered within
the foreseeable future throughout all or part of their
range if the factors causing numerical decline or habitat
degradation continue to operate; or
- that are rare because they are usually localized within
restricted geographical areas or habitats or are thinly
scattered over a more extensive range and which are potentially
or actually subject to decline and possible endangerment
or extinction.
- "Protected species" are species or sub-species
of fauna and flora, or their populations, accorded protection
pursuant to Article 10 of this Protocol;
- "Endemic species" are species or sub-species of
fauna and flora, or their populations, whose distribution
is restricted to a limited geographical area;
- "Annex I" means the annex to the Protocol containing
the agreed list of species of marine and coastal flora that
fall within the categories defined in Article 1 and that require the protection measures indicated in Article
11(1)(a). The annex may include terrestrial species as provided
for in Article 1(c)(ii);
- "Annex II" means the annex to the Protocol containing
the agreed list of species of marine and coastal fauna that
fall within the category defined in Article 1 and that require the protection measures indicated in Article
11(1)(b). The annex may include terrestrial species as provided
for in Article 1(c)(ii); and
- "Annex III" means the annex to the Protocol containing
the agreed list of species of marine and coastal flora and
fauna that may be utilized on a rational and sustainable basis
and that require the protection measures indicated in Article
11(1)(c). The Annex may include terrestrial species as provided
for in Article 1(c)(ii).
Article 2 GENERAL
PROVISIONS
- This Protocol shall apply to the Wider Caribbean Region
as defined in Article 1(c).
- The provisions of the Convention relating to its Protocols
shall apply to this Protocol,including in particular, paragraphs
2 and 3 of Article 3 of the
Convention.
- The present Protocol shall not apply to warships or other
ships owned or operated by a State while engaged in government
non-commercial service. Nevertheless, each Party shall ensure
through the adoption of appropriate measures that do not hinder
the operation or operational capacities of vessels they own
or operate, that they adhere to the terms of the present Protocol
in so far as is reasonable and feasible.
Article 3 GENERAL
OBLIGATIONS
- Each Party to this Protocol shall, in accordance with its
laws and regulations and the terms of the Protocol, take the
necessary measures to protect, preserve and manage in a sustainable
way, within areas of the Wider Caribbean Region in which it
exercises sovereignty, or sovereign rights or jurisdiction:
- areas that require protection to safeguard
their special value; and
- threatened or endangered species of flora and fauna.
- Each Party shall regulate and, where necessary, prohibit
activities having adverse effects on these areas and species.
Each Party shall endeavour to co-operate in the enforcement
of these measures, without prejudice to the sovereignty, or
sovereign rights or jurisdiction of other Parties. Any measures
taken by such Party to enforce or to attempt to enforce the
measures agreed pursuant to this Protocol shall be limited
to those within the competence of such Party and shall be
in accordance with international law.
- Each Party, to the extent possible, consistent with each
Party's legal system, shall manage species of fauna and flora
with the objective of preventing species from becoming endangered
or threatened.
Article 4 ESTABLISHMENT
OF PROTECTED AREAS
- Each Party shall, when necessary, establish protected areas
in areas over which it exercises sovereignty, or sovereign
rights or jurisdiction, with a view to sustaining the natural
resources of the Wider Caribbean Region, and encouraging ecologically
sound and appropriate use, understanding and enjoyment of
these areas, in accordance with the objectives and characteristics
of each of them.
- Such areas shall be established in order to conserve, maintain
and restore, in particular:
- representative types of coastal and marine
ecosystems of adequate size to ensure their long-term
viability and to maintain biological and genetic diversity;
- habitats and their associated ecosystems critical to
the survival and recovery of endangered, threatened or
endemic species of flora or fauna;
- the productivity of ecosystems and natural resources
that provide economic or social benefits and upon which
the welfare of local inhabitants is dependent; and
- areas of special biological, ecological, educational,
scientific, historic, cultural, recreational, archaeological,
aesthetic, or economic value, including in particular,
areas whose ecological and biological processes are essential
to the functioning of the Wider Caribbean ecosystems.
Article 5 PROTECTION
MEASURES
- Each Party taking into account the characteristics of each
protected area over which it exercises sovereignty, or sovereign
rights or jurisdiction, shall, in conformity with its national
laws and regulations and with international law, progressively
take such measures as are necessary and practicable to achieve
the objectives for which the protected area was established.
- Such measures should include, as appropriate:
- the regulation or prohibition of the dumping
or discharge of wastes and other substances that may endanger
protected areas;
- the regulation or prohibition of coastal disposal or
discharges causing pollution, emanating from coastal establishments
and developments, outfall structures or any other sources
within their territories;
- the regulation of the passage of ships, of any stopping
or anchoring, and of other ship activities, that would
have significant adverse environmental effects on the
protected area, without prejudice to the rights of innocent
passage, transit passage, archipelagic sea lanes passage
and freedom of navigation, in accordance with international
law;
- the regulation or prohibition of fishing, hunting, taking
or harvesting of endangered or threatened species of fauna
and flora and their parts or products;
- the prohibition of activities that result in the destruction
of endangered or threatened species of fauna or flora
and their parts and products, and the regulation of any
other activity likely to harm or disturb such species,
their habitats or associated ecosystems;
- the regulation or prohibition of the introduction of
non-indigenous species;
- the regulation or prohibition of any activity involving
the exploration or exploitation of the sea-bed or its
subsoil or a modification of the sea-bed profile;
- the regulation or prohibition of any activity involving
a modification of the profile of the soil that could affect
watersheds, denudation and other forms of degradation
of watersheds, or the exploration or exploitation of the
subsoil of the land part of a marine protected area;
- the regulation of any archaeological activity and of
the removal or damage of any object which may be considered
as an archaeological object;
- the regulation or prohibition of trade in, and import
and export of threatened or endangered species of fauna
or their parts, products, or eggs, and of threatened or
endangered species of flora or their parts or products,
and archaeological objects that originate in protected
areas;
- the regulation or prohibition of industrial activities
and of other activities which are not compatible with
the uses that have been envisaged for the area by national
measures and/or environmental impact assessments pursuant
to Article 13;
- the regulation of tourist and recreational activities
that might endanger the ecosystems of protected areas
or the survival of threatened or endangered species of
flora and fauna; and
- any other measure aimed at conserving, protecting or
restoring natural processes, ecosystems or populations
for which the protected areas were established.
Article 6 PLANNING
AND MANAGEMENT REGIME FOR PROTECTED AREAS
- In order to maximize the benefits from protected areas and
to ensure the effective implementation of the measures set
out in Article 5, each Party shall adopt
and implement planning, management and enforcement measures
for protected areas over which it exercises sovereignty, or
sovereign rights or jurisdiction. In this regard, each Party
shall take into account the guidelines and criteria formulated
by the Scientific and Technical Advisory Committee as provided
for in Article 21 and which have been
adopted by meetings of the Parties.
- Such measures should include:
- the formulation and adoption of appropriate
management guidelines for protected areas;
- the development and adoption of a management plan that
specifies the legal and institutional framework and the
management and protection measures applicable to an area
or areas;
- the conduct of scientific research on, and monitoring
of, user impacts, ecological processes, habitats, species
and populations; and the undertaking of activities aimed
at improved management;
- the development of public awareness and education programmes
for users, decision-makers and the public to enhance their
appreciation and understanding of protected areas and
the objectives for which they were established;
- the active involvement of local communities, as appropriate,
in the planning and management of protected areas, including
assistance to, and training of local inhabitants who may
be affected by the establishment of protected areas;
- the adoption of mechanisms for financing the development
and effective management of protected areas and facilitating
programmes of mutual assistance;
- contingency plans for responding to incidents that could
cause or threaten to cause damage to protected areas including
their resources;
- procedures to permit, regulate or otherwise authorize
activities compatible with the objectives for which the
protected areas were established; and
- the development of qualified managers, and technical
personnel, as well as appropriate infrastructure.
Article 7 CO-OPERATION
PROGRAMME FOR, AND LISTING OF, PROTECTED AREAS
- The Parties shall establish co-operation programmes within
the framework of the Convention and the Action Plan and in
accordance with their sovereignty, or sovereign rights or
jurisdiction to further the objectives of the Protocol.
- A co-operation programme will be established to support
the listing of protected areas. It will assist with the selection,
establishment, planning, management and conservation of protected
areas, and shall create a network of protected areas. To this
end, the Parties shall establish a list of protected areas.
The Parties shall:
- recognize the particular importance of listed
areas to the Wider Caribbean Region;
- accord priority to listed areas for scientific and technical
research pursuant to Article 17;
- accord priority to listed areas for mutual assistance
pursuant to Article 18; and
- not authorize or undertake activities that would undermine
the purposes for which a listed area was created.
- The procedures for the establishment of the list of protected
areas are as follows:
- The Party that exercises sovereignty, or sovereign
rights or jurisdiction over a protected area shall nominate
it to be included in the list of protected areas. Such
nominations will be made in accordance with the guideline
and criteria concerning the identification, selection,
establishment, management, protection and any other matter
adopted by the Parties pursuant to Article 21.
Each Party making a nomination shall provide the Scientific
and Technical Advisory Committee through the Organization
with the necessary supporting documentation, including
in particular, the information noted in Article 19(2);
and
- After the Scientific and Technical Advisory Committee
evaluates the nomination and supporting documentation,
it will advise the Organization as to whether the nomination
fulfills the common guidelines and criteria established
pursuant to Article 21. If these guidelines and criteria have been met,
the Organization will advise the Meeting of Contracting
Parties who will include the nomination in the List of
Protected Areas.
Article 8 ESTABLISHMENT
OF BUFFER ZONES
Each Party to this Protocol may, as necessary, strengthen
the protection of a protected area by establishing, within
areas in which it exercises sovereignty, or sovereign rights
or jurisdiction, one or more buffer zones in which activities
are less restricted than in the protected area while remaining
compatible with achieving the purposes of the protected area.
Article 9 PROTECTED
AREAS AND BUFFER ZONES CONTIGUOUS TO INTERNATIONAL BOUNDARIES
- If a Party intends to establish a protected area or a buffer
zone contiguous to the frontier or to the limits of the zone
of national jurisdiction of another Party, the two Parties
shall consult each other with a view to reaching agreement
on the measures to be taken and shall, inter alia, examine
the possibility of the establishment by the other Party of
a corresponding contiguous protected area or buffer zone or
the adoption by it of any other appropriate measures including
co-operative management programmes.
- If a Party intends to establish a protected area or a buffer
zone contiguous to the frontier or to the limits of the zone
of national jurisdiction of a State that is not a Party to
this Protocol, the Party shall endeavour to work together
with the competent authorities of that State with a view to
holding the consultations referred to in paragraph 1.
- Whenever it becomes known to a Party that a non-Party intends
to establish a protected area or a buffer zone contiguous
to the frontier or to the limits of the zone of national jurisdiction
of a Party to this Protocol the latter shall endeavour to
work together with that State with a view to holding the consultations
referred to in paragraph 1.
- If contiguous protected areas and/or buffer zones are established
by one Party and by a State that is not a Party to this Protocol,
the former should attempt, where possible, to achieve conformity
with the provisions of the Convention and its Protocols.
Article 10 NATIONAL
MEASURES FOR THE PROTECTION OF WILD FLORA AND FAUNA
- Each Party shall identify endangered or threatened species
of flora and fauna within areas over which it exercises sovereignty,
or sovereign rights or jurisdiction, and accord protected
status to such species. Each Party shall regulate and prohibit
according to its laws and regulations, where appropriate,
activities having adverse effects on such species or their
habitats and ecosystems, and carry out species recovery, management,
planning and other measures to effect the survival of such
species. Each Party, in keeping with its legal system, shall
also take appropriate actions to prevent species from becoming
endangered or threatened.
- With respect to protected species of flora and their parts
and products, each Party, in conformity with its laws and
regulations, shall regulate, and where appropriate, prohibit
all forms of destruction and disturbance, including the picking,
collecting, cutting, uprooting or possession of, or commercial
trade in, such species.
- With respect to protected species of fauna, each Party,
in conformity with its laws and regulations, shall regulate,
and where appropriate, prohibit:
- the taking, possession or killing (including,
to the extent possible, the incidental taking, possession
or killing) or commercial trade in such species or their
parts or products; and
- to the extent possible, the disturbance of wild fauna,
particularly during the period of breeding, incubation,
estivation or migration, as well as other periods of biological
stress.
- Each Party shall formulate and adopt policies and plans
for the management of captive breeding of protected fauna
and propagation of protected flora.
- The Parties shall, in addition to the measures specified
in paragraph 3, co-ordinate their efforts, through bilateral
or multilateral actions, including if necessary, any treaties
for the protection and recovery of migratory species whose
range extends into areas under their sovereignty, or sovereign
rights or jurisdiction.
- The Parties shall endeavour to consult with range States
that are not Parties to this Protocol, with a view to co-ordinating
their efforts to manage and protect endangered or threatened
migratory species.
- The Parties shall make provisions, where possible, for the
repatriation of protected species exported illegally. Efforts
should be made by Parties to reintroduce such species to the
wild, or if unsuccessful, make provision for their use in
scientific studies or for public education purposes.
- The measures which Parties take under this Article are subject
to their obligations under Article 11 and shall in no way
derogate from such obligations.
Article 11 CO-OPERATIVE
MEASURES FOR THE PROTECTION OF WILD FLORA AND FAUNA
- The Parties shall adopt co-operative measures to ensure
the protection and recovery of endangered and threatened species
of flora and fauna listed in Annexes I, II and III of the
present Protocol.
- The Parties shall adopt all appropriate measures
to ensure the protection and recovery of species of flora
listed in Annex I. For this purpose, each Party shall
prohibit all forms of destruction or disturbance, including
the picking, collecting, cutting, uprooting or possession
of, or commercial trade in such species, their seeds,
parts or products. They shall regulate activities, to
the extent possible, that could have harmful effects on
the habitats of the species.
- Each Party shall ensure total protection and recovery
to the species of fauna listed in Annex II by prohibiting:
- the taking, possession or killing (including,
to the extent possible, the incidental taking, possession
or killing) or commercial trade in such species, their
eggs, parts or products;
- to the extent possible, the disturbance of such
species, particularly during periods of breeding,
incubation, estivation or migration, as well as other
periods of biological stress.
- Each Party shall adopt appropriate measures to ensure
the protection and recovery of the species of flora and
fauna listed in Annex III and may regulate the use of
such species in order to ensure and maintain their populations
at the highest possible levels. With regard to the species
listed in Annex III, each Party shall, in co-operation
with other Parties, formulate, adopt and implement plans
for the management and use of such species, including:
- for species of fauna:
- the prohibition of all non-selective
means of capture, killing, hunting and fishing
and of all actions likely to cause local disappearance
of a species or serious disturbance of its tranquility;
- the institution of closed hunting and fishing
seasons and of other measures for maintaining
their population;
- the regulation of the taking, possession, transport
or sale of living or dead species, their eggs,
parts or products;
- For species of flora, including their parts or products,
the regulation of their collection, harvest and commercial
trade.
- Each Party may adopt exemptions to the prohibitions prescribed
for the protection and recovery of the species listed in Annexes
I and II for scientific, educational or management purposes
necessary to ensure the survival of the species or to prevent
significant damage to forests or crops. Such exemptions shall
not jeopardize the species and shall be reported to the Organization
in order for the Scientific and Technical Advisory Committee
to assess the pertinence of the exemptions granted.
- The Parties also shall:
- accord priority to species contained in the
annexes for scientific and technical research pursuant
to Article 17;
- accord priority to species contained in the annexes
for mutual assistance pursuant to Article 18.
- The procedures to amend the annexes shall be as follows:
- any Party may nominate an endangered or threatened
species of flora or fauna for inclusion in or deletion
from these annexes, and shall submit to the Scientific
and Technical Advisory Committee, through the Organization,
supporting documentation, including, in particular, the
information noted in Article 19.
Such nomination will be made in accordance with the guidelines
and criteria adopted by the Parties pursuant to Article
21;
- the Scientific and Technical Advisory Committee shall
review and evaluate the nominations and supporting documentation
and shall report its views to the meetings of Parties
held pursuant to Article 23;
- the Parties shall review the nominations, supporting
documentation and the reports of the Scientific and Technical
Advisory Committee. A species shall be listed in the annexes
by consensus, if possible, and if not, by a three-quarters
majority vote of the Parties present and voting, taking
fully into account the advice of the Scientific and Technical
Advisory Committee that the nomination and supporting
documentation meet the common guidelines and criteria
established pursuant to Article 21;
- a Party may, in the exercise of its sovereignty or sovereign
rights, enter a reservation to the listing of a particular
species in an annex by notifying the Depositary in writing
within 90 days of the vote of the Parties. The Depositary
shall, without delay, notify all Parties of reservations
received pursuant to this paragraph;
- a listing in the corresponding annex shall become effective
90 days after the vote for all Parties, except those which
made a reservation in accordance with paragraph (d) of
this Article; and
- a Party may at any time substitute an acceptance for
a previous reservation to a listing by notifying the Depositary,
in writing. The acceptance shall thereupon enter into
force for that Party.
- The Parties shall establish co-operation programmes within
the framework of the Convention and the Action Plan to assist
with the management and conservation of protected species,
and shall develop and implement regional recovery programmes
for protected species in the Wider Caribbean Region, taking
fully into account other existing regional conservation measures
relevant to the management of those species. The Organization
shall assist in the establishment and implementation of these
regional recovery programmes.
Article 12 INTRODUCTION
OF NON-INDIGENOUS OR GENETICALLY ALTERED SPECIES
Each Party shall take all appropriate measures to regulate
or prohibit intentional or accidental introduction of non-indigenous
or genetically altered species to the wild that may cause
harmful impacts to the natural flora, fauna or other features
of the Wider Caribbean Region.
Article 13 ENVIRONMENTAL
IMPACT ASSESSMENT
- In the planning process leading to decisions about industrial
and other projects and activities that would have a negative
environmental impact and significantly affect areas or species
that have been afforded special protection under this Protocol,
each Party shall evaluate and take into consideration the
possible direct and indirect impacts, including cumulative
impacts, of the projects and activities being contemplated.
- The Organization and the Scientific and Technical Advisory
Committee shall, to the extent possible, provide guidance
and assistance, upon request, to the Party making these assessments.
Article 14 EXEMPTIONS
FOR TRADITIONAL ACTIVITIES
- Each Party shall, in formulating management and protective
measures, take into account and provide exemptions, as necessary,
to meet traditional subsistence and cultural needs of its
local populations. To the fullest extent possible, no exemption
which is allowed for this reason shall:
- endanger the maintenance or areas protected
under the terms of this Protocol, including the ecological
processes contributing to the maintenance of those protected
areas; or
- cause either the extinction of, or a substantial risk
to, or substantial reduction in the number of, individuals
making up the populations of species of fauna and flora
within the protected areas, or any ecologically inter-connected
species or population, particularly migratory species
and threatened, endangered or endemic species.
- Parties which allow exemptions with regard to protective
measures shall inform the Organization accordingly.
Article 15 CHANGES
IN THE STATUS OF PROTECTED AREAS OR PROTECTED SPECIES
- Changes in the delimitation or legal status of an area,
or part thereof, or of a protected species, may only take
place for significant reasons, bearing in mind the need to
safeguard the environment and in accordance with the provisions
of this Protocol and after notification to the Organization.
- The status of areas and species should be periodically reviewed
and evaluated by the Scientific and Technical Advisory Committee
on the basis of information provided by Parties through the
Organization. Areas and species may be removed from the area
listing or Protocol annexes by the same procedure by which
they were incorporated.
Article 16 PUBLICITY,
INFORMATION, PUBLIC AWARENESS AND EDUCATION
- Each Party shall give appropriate publicity to the establishment
of protected areas, in particular to their boundaries, buffer
zones, and applicable regulations, and to the designation
of protected species, in particular to their critical habitats
and applicable regulations.
- In order to raise public awareness, each Party shall endeavour
to inform the public as widely as possible, of the significance
and value of the protected areas and species and of the scientific
knowledge and other benefits which may be gained from them
or any changes therein. Such information should have an appropriate
place in education programmes concerning the environment and
history. Each Party should also endeavour to promote the participation
of its public and its conservation organizations in measures
that are necessary for the protection of the areas and species
concerned.
Article 17 SCIENTIFIC,
TECHNICAL AND MANAGEMENT RESEARCH
- Each Party shall encourage and develop scientific, technical
and management-oriented research on protected areas, including,
in particular, their ecological processes and archaeological,
historical and cultural heritage, as well as on threatened
or endangered species of fauna and flora and their habitats.
- Each Party may consult with other Parties and with relevant
regional and international organizations with a view to identifying,
planning and undertaking scientific and technical research
and monitoring programmes necessary to characterize and monitor
protected areas and species and to assess the effectiveness
of measures taken to implement management and recovery plans.
- The Parties shall exchange, directly or through the Organization,
scientific and technical information concerning current and
planned research and monitoring programmes and the results
thereof. They shall, to the fullest extent possible, co- ordinate
their research and monitoring programmes, and endeavour to
standardize procedures for collecting, reporting, archiving
and analyzing relevant scientific and technical information.
- The Parties shall, pursuant to the provisions of paragraph
1 above, compile comprehensive inventories of:
- areas over which they exercise sovereignty,
or sovereign rights or jurisdiction that contain rare
or fragile ecosystems; that are reservoirs of biological
or genetic diversity; that are of ecological value in
maintaining economically important resources; that are
important for threatened, endangered or migratory species;
that are of value for aesthetic, recreational, tourist
or archaeological reasons; and
- species of fauna or flora that may qualify for listing
as threatened or endangered according to the criteria
established under this Protocol.
Article 18 MUTUAL
ASSISTANCE
- The Parties shall co-operate, directly or with the assistance
of the Organization or other relevant international organizations,
in formulating, drafting, financing and implementing programmes
of assistance to those Parties that express a need for it
in the selection, establishment and management of protected
areas and species.
- These programmes should include public environmental education,
the training of scientific, technical and management personnel,
scientific research, and the acquisition, utilization, design
and development of appropriate equipment on advantageous terms
to be agreed among the Parties concerned.
Article 19 NOTIFICATIONS
AND REPORTS TO THE ORGANIZATION
- Each Party shall report periodically to the Organization
on:
- the status of existing and newly established
protected areas, buffer zones and protected species in
areas over which they exercise sovereignty or sovereign
rights or jurisdiction; and
- any changes in the delimitation or legal status of protected
areas, buffer zones and protected species in areas over
which they exercise sovereignty, or sovereign rights or
jurisdiction.
- The reports relevant to the protected areas and buffer zones
should include information on:
- name of the area or zone;
- biogeography of the area or zone (boundaries, physical
features, climate, flora and fauna);
- legal status with reference to relevant national legislation
or regulation;
- date and history of establishment;
- protected area management plans;
- relevance to cultural heritage;
- facilities for research and visitors; and
- threats to the area or zone, especially threats which
originate outside the jurisdiction of the Party.
- The reports relevant to the protected species should include,
to the extent possible, information on:
- scientific and common names of the species;
- estimated populations of species and their geographic
ranges;
- status of legal protection, with reference to relevant
national legislation or regulation;
- ecological interactions with other species and specific
habitat requirements;
- management and recovery plans for endangered and threatened
species;
- research programmes and available scientific and technical
publications relevant to the species; and
- threats to the protected species, their habitats and
their associated ecosystems, especially threats which
originate outside the jurisdiction of the Party.
- The reports provided to the Organization by the Parties
will be used for the purposes outlined in Articles 20
and 22.
Article 20 SCIENTIFIC
AND TECHNICAL ADVISORY COMMITTEE
- A Scientific and Technical Advisory Committee is hereby
established.
- Each Party shall appoint a scientific expert appropriately
qualified in the field covered by the Protocol as its representative
on the Committee, who may be accompanied by other experts
and advisors appointed by that Party. The Committee may also
seek information from scientifically and technically qualified
experts and organizations.
- The Committee shall be responsible for providing advice
to the Parties through the Organization on the following scientific
and technical matters relating to the Protocol:
- the listing of protected areas in the manner
provided for in Article 7;
- the listing of protected species in the manner provided
for in Article 11;
- reports on the management and protection of protected
areas and species and their habitats;
- proposals for technical assistance for training, research,
education and management (including species recovery plans);
- environmental impact assessment pursuant to Article
13;
- the formulation of common guidelines and criteria pursuant
to Article 21; and
- any other matters relating to the implementation of
the Protocol, including those matters referred to it by
the meetings of the Parties.
- The Committee shall adopt its own Rules of Procedures.
Article 21 ESTABLISHMENT
OF COMMON GUIDELINES AND CRITERIA
- The Parties shall at their first meeting, or as soon as
possible thereafter, evaluate and adopt common guidelines
and criteria formulated by the Scientific and Technical Advisory
Committee dealing in particular with:
- the identification and selection of protected
areas and protected species;
- the establishment of protected areas;
- the management of protected areas and protected species
including migratory species; and
- the provision of information on protected areas and
protected species, including migratory species.
- In implementing this Protocol, the Parties shall take into
account these common guidelines and criteria, without prejudicing
the right of a Party to adopt more stringent guidelines and
criteria.
Article 22 INSTITUTIONAL
ARRANGEMENTS
- Each Party shall designate a Focal Point to serve as liaison
with the Organization on the technical aspects of the implementation
of this Protocol.
- The Parties designate the Organization to carry out the
following Secretariat functions:
- convening and servicing the meetings of the
Parties;
- assisting in raising funds as provided for in Article
24;
- assisting the Parties and the Scientific and Technical
Advisory Committee, in co-operation with the competent
international, intergovernmental and non-governmental
organizations in:
- facilitating programmes of technical
and scientific research as provided for in Article
17;
- facilitating the exchange of scientific and technical
information among the Parties as provided for in Article
16;
- the formulation of recommendations containing common
guidelines and criteria pursuant to Article 21;
- the preparation, when so requested, of management
plans for protected areas and protected species pursuant
to Article 6 and 10
respectively;
- the development of co-operative programmes pursuant
to Articles 7 and 11;
- the preparation, when so requested, of environmental
impact assessments pursuant to Article 13;
- the preparation of educational materials designed
for various groups identified by the Parties;
- the repatriation of illegally exported wild flora
and fauna and their parts or products;
- preparing common formats to be used by the Parties as
the basis for notifications and reports to the Organization,
as provided in Article 19;
- maintaining and updating databases of protected areas
and protected species containing information pursuant
to Articles 7 and 11,
as well as issuing periodically updated directories of
protected areas and protected species;
- preparing directories, reports and technical studies
which may be required for the implementation of this Protocol;
- co-operating and co-ordinating with regional and international
organizations concerned with the protection of areas and
species; and
- carrying out any other function assigned by the Parties
to the Organization.
Article 23 MEETINGS
OF THE PARTIES
- The ordinary meetings of the Parties shall be held in conjunction
with the ordinary meetings of the Parties to the Convention
held pursuant to Article 16 of the Convention. The Parties may also hold
extraordinary meetings in conformity with Article 16
of the Convention. The meetings will be governed by the Rules
of Procedure adopted pursuant to Article 20 of the Convention.
- It shall be the function of the meetings of the Parties
to this Protocol:
- to keep under review and direct the implementation
of this Protocol;
- to approve the expenditure of funds referred to in Article
24;
- to oversee and provide policy guidance to the Organization;
- to consider the efficacy of the measures adopted for
the management and protection of areas and species, and
to examine the need for other measures, in particular
in the form of annexes, as well as amendments to this
Protocol or to its annexes;
- to monitor and promote the establishment and development
of the network of protected areas and recovery plans for
protected species provided for in Articles 7
and 11;
- to adopt and revise, as needed, the guidelines and criteria
provided for in Article 21;
- to analyze the advice and recommendations of the Scientific
and Technical Advisory Committee pursuant to Article 20;
- to analyze reports transmitted by the Parties to the
Organization under Article 22 of the Convention and Article 19
of this Protocol, as well as any other information which
the Parties may transmit to the Organization or to the
meeting of the Parties; and
- to conduct such other business as appropriate.
Article 24 FUNDING
In addition to the funds provided by the Parties in accordance
with paragraph 2, Article 20
of the Convention, the Parties may direct the Organization,
to seek additional funds. These may include voluntary contributions
for purposes connected with the Protocol from Parties, other
governments, government agencies, non- governmental, international,
regional and private sector organizations and individuals.
Article 25 RELATIONSHIP
TO OTHER CONVENTIONS DEALING WITH THE SPECIAL PROTECTION OF
WILDLIFE
Nothing in this Protocol shall be interpreted in a way that
may affect the rights and obligations of Parties under the
Convention on International Trade in Endangered Species of
Wild Fauna and Flora (CITES) and the Convention on the Conservation
of Migratory Species of Wild Animals (CMS).
Article 26 TRANSITIONAL
CLAUSE
- The initial version of the annexes, which constitutes an
integral part of the Protocol, shall be adopted by consensus
at a Conference of Plenipotentiaries of the Contracting Parties
to the Convention.
Article 27 ENTRY
INTO FORCE
- The Protocol and its annexes, once adopted by the Contracting
Parties to the Convention, will enter into force in conformity
with the procedure established in paragraph 2 of Article 28
of the Convention.
- The Protocol shall not enter into force until the initial
annexes have been adopted in accordance with Article 26.
Article 28 SIGNATURE
This Protocol shall be open for signature at Kingston, from
18 January 1990 to 31 January 1990 and at Bogotá from 1February
1990 to 17 January 1991 by any party to the Convention.
IN WITNESS WHEREOF the undersigned,
being duly authorized by their respective governments, have
signed this Protocol.
Done at Kingston, on this eighteenth day of January one thousand
nine hundred and ninety in a single copy in the English, French
and Spanish languages, the three texts being equally authentic.
UNEP
-- Caribbean Environment Programme
Regional Coordinating Unit
14 - 20 Port Royal Street Kingston, Jamaica Tel:
(876) 922 - 9267 Fax: (876) 922 - 9292
uneprcuja@cwjamaica.com :
http://www.cep.unep.org/
|
.gif){kind=spacer}
