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Pre.2 |
RECALLING that the Convention on the Conservation of Migratory Species of Wild Animals, 1979, (the Convention) encourages international cooperative action to conserve and manage migratory species, and that its Parties are encouraged to conclude Agreements on wild animals which periodically cross national jurisdictional boundaries; |
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Pre.3 |
CONSIDERING that the fifth meeting of the Conference of Parties to the Convention, held in Geneva in April 1997, listed all Southern Hemisphere albatross species on either Appendix I or II; |
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Pre.4 |
RECALLING that the sixth meeting of the Conference of Parties to the Convention, held in South Africa in November 1999, listed a number of petrel species on Appendix II, noted the threats posed by fisheries by-catch in general to a wide range of species, and in particular to albatrosses and petrels, and requested relevant Parties to develop an Agreement, under the Convention, for the conservation of Southern Hemisphere albatrosses; |
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Pre.5 |
APPRECIATING the work of the Group of Temperate Southern Hemisphere Countries on the Environment (known as the Valdivia Group) in considering the need to address the threats posed to Southern Hemisphere albatross populations, and the work of Australia in taking forward this need in the context of the Convention; |
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Pre.13 |
RECALLING the obligation in the United Nations Convention on the Law of the Sea, 1982, to protect and preserve the marine environment; |
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Pre.14 |
RECOGNISING the significance of the Antarctic Treaty, 1959, and the Convention on the Conservation of Antarctic Marine Living Resources, 1980, whose Commission has adopted conservation measures to reduce incidental catch within the area of application of that Convention, particularly of albatrosses and petrels; |
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Pre.15 |
RECOGNISING further that the Convention for the Conservation of Southern Bluefin Tuna, 1992, enables its Commission to adopt conservation measures to reduce the incidental catch of seabirds; |
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Pre.16 |
ACKNOWLEDGING that the Food and Agriculture Organization of the United Nations International Plan of Action for Reducing Incidental Catch of Seabirds in Longline Fisheries was adopted in 1999, and that a number of conventions relating to the conservation and management of marine living resources have the capacity to contribute positively to the conservation of albatrosses and petrels; |
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Pre.17 |
RECOGNISING the Rio Declaration on Environment and Development, 1992, Principle 15, that, in order to protect the environment, the precautionary approach should be widely applied; |
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Pre.18 |
RECALLING further that the Convention on Biological Diversity, 1992, obliges its Parties to cooperate with each other or through competent international organisations to conserve biological diversity, |
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Art.1.5 |
5. This Agreement is an AGREEMENT within the meaning of Article IV (3) of the Convention. |
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Art.3.1.h |
h) support the implementation of the actions elaborated in the FAO International Plan of Action for Reducing Incidental Catch of Seabirds in Longline Fisheries which complement the objectives of this Agreement. |
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Art.8.5 |
5. Any State not a Party to the Agreement, the United Nations, any specialised Agency of the United Nations, any regional economic integration organisation, and any secretariat of relevant international conventions, particularly those concerned with the conservation and management of marine living resources or the conservation of albatrosses and petrels, may participate as observers in sessions of the Meeting of the Parties and its subsidiary bodies. Such participation shall be subject to the rules of procedure. |
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Art.8.15 |
15. The Meeting of the Parties may adopt by consensus provisions for the relationship to this Agreement by any member economy of the Asia Pacific Economic Co-operation forum whose vessels fish within the range of albatrosses and petrels. Those provisions, once adopted, shall enable the member economy to participate in the work of the Meeting of the Parties and its subsidiary bodies, including decision-making, and to comply with all obligations under this Agreement. For this purpose, references under those provisions to those participating in the Meeting of the Parties or its subsidiary bodies shall include such a member economy as well as Parties. |
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Art.11.1 |
1. The Parties shall promote the objectives of this Agreement and develop and maintain coordinated and complementary working relationships with all relevant international, regional and sub-regional bodies, including those concerned with the conservation and management of seabirds and their habitats and other marine living resources, particularly with the Commission of CCAMLR and the Food and Agriculture Organization of the United Nations, particularly in the context of the International Plan of Action for Reducing Incidental Catch of Seabirds in Longline Fisheries. |
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Art.11.2.a |
a) the Convention Secretariat, and the bodies responsible for secretariat functions under Agreements concluded pursuant to Article IV (3) and (4), of the Convention, that are relevant to albatrosses and petrels; |
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Art.11.2.c |
c) other organisations or institutions with competence in the field of conservation of albatrosses and petrels and their habitats, as well as in the fields of research, education and awareness raising, including the Committee for Environmental Protection established under the Protocol for Environmental Protection to the Antarctic Treaty. |
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Art.13.1.a |
a) nothing in this Agreement shall derogate from the rights and obligations of any Party deriving from existing international treaties, particularly in relation to the United Nations Convention on the Law of the Sea (UNCLOS), and also to the Antarctic Treaty and CCAMLR and especially Article IV in both instruments; |
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Art.13.1.b |
b) with respect to the Antarctic Treaty area, all Parties, whether or not they are Parties to the Antarctic Treaty, shall be bound by Articles IV and VI of the Antarctic Treaty in their relations with each other; |
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Art.13.2 |
2. In relation to fishing activities under the auspices of a regional fisheries organisation, or other organisations managing marine living resources more generally, such as the Commission of CCAMLR, the Parties shall consider information and evaluations from that organisation, and shall adopt, in its area of competence, the measures agreed by that organisation for reducing the incidental taking of albatrosses and petrels. Notwithstanding this, and in conformity with paragraph 3 of this Article, the Parties may implement measures that are more strict than those measures, when such measures are within their competency, taking account of the provisions of Article I (3). |
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Art.14.5 |
5. Any other dispute, that may arise between two or more Parties with respect specifically to the interpretation or application of this Agreement, shall be subject to the provisions of Article XIII of the Convention, which shall apply whether or not the Parties to the dispute are also Parties to the Convention. |
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Art.17.4 |
4. The provisions contained in paragraph 1 of this Article do not preclude a Party to this Agreement that is not a Party to the Convention from making declarations or statements to the effect of clarifying its status vis-à-vis each instrument, provided that such declarations or statements do not purport to exclude or to modify the legal effect of the provisions of this Agreement in their application to that Party. |
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Art.19.2 |
2. As soon as this Agreement 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. |
