1979 Bonn Convention
1979 Bonn Convention
1979 Bonn Convention
Animals
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 (Stockholm, 1972) and noted
with satisfaction at the Twenty-seventh Session of the General Assembly of
the United Nations,
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 longterm 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 overflies 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 twothirds 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 cooperation 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.
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
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;
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.
Article VIII
Article XII
Effect on International Conventions and Other Legislation
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
Signature
This Convention shall be open for signature at Bonn for all States and any
regional economic integration organization until the twenty-second day of
June, 1980.
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 Bonn on 23 June 1979.