BH142.txt
CONVENTION RELATIVE TO THE PRESERVATION OF FAUNA AND FLORA
IN THEIR NATURAL STATE (1933)
ENTERED INTO FORCE: 14 January 1936
The Governments of the Union of South Africa, Belgium, the United Kingdom of Great Britain and Northern Ireland, Egypt, Spain, France, Italy, Portugal, and the Anglo-Egyptian Sudan:
Considering that the natural fauna and flora of certain parts of the world, and in particular of Africa, are in danger, in present conditions, of extinction or permanent injury;
Desiring to institute a special r?gime for the preservation of fauna and flora;
Considering that such preservation can best be achieved (i) by the constitution of national parks, strict natural reserves, and other reserves within which the hunting, killing or capturing of fauna, and the collection or destruction of flora shall be limited or prohibited, (ii) by the institution of regulations concerning the hunting, killing and capturing of fauna outside such areas, (iii) by the regulation of the traffic in trophies, and (iv) by the prohibition of certain methods of and weapons for the hunting, killing and capturing of fauna;
Have decided to conclude a Convention for these purposes, and have appointed as their Plenipotentiaries:
[list omitted]
Who, having communicated their full powers, found in good and due form, have agreed on the following provisions:
Article 1
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
Article 4
The Contracting Governments will give consideration in respect of each of their territories to the following administrative arrangements:
Article 5
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:
Article 8
Article 9
(b) Every other trophy shall, if possible, be similarly marked and recorded, but shall in any event be described in the certificate so as to identify it with as much certainty as possible.
(c) The Contracting Governments shall take such measures as may be possible by the preparation and circulation of appropriate illustrations or otherwise to instruct their customs officers in the methods of identifying the species mentioned in the annex to the present Convention and the trophies derived therefrom.
6. The measures contemplated in paragraph 1 of the present Article shall include provisions that found ivory, rhinoceros horn and all trophies of animals found dead, or accidentally killed, or killed in defence of any persons, shall, in principle be the property of the Government of the territory concerned, and shall be disposed of according to regulations introduced by that Government, due regard being had to the native rights and customs reserved in the succeeding paragraph.
7. No rights of the kind specified in paragraph 2 of Article 8 are to be considered as being prejudiced by the provisions of the preceding paragraphs.
8. For the purposes of the present Article the expression "trophy" shall denote any animal, dead or alive, mentioned in the annex to the Convention or anything part of or produced from any such animal when dead, or the eggs, egg-shells nests or plumage of any bird so mentioned. The expression "trophy" shall not, however, include any trophy or part of a trophy which by a process of bona fide manufacture, as contemplated in paragraph 1 of the present Article, has lost its original identity.
9. Each Contracting Government shall furnish to the Government of the United Kingdom information as to the measures taken in order to carry out the obligations of the present Article or any part of them. The Government of the United Kingdom will communicate any information so received to all the Governments mentioned in Article 5, paragraph 2.
Article 10
(a) the use of poison, or explosives for killing fish;
(b) the use of dazzling lights, flares, poison, or poisoned
weapons for hunting animals;
(c) the use of nets, pits, or enclosures, gins, traps or snares,
or of set guns and missiles containing explosives for hunting
animals.
Article 11
It is understood that upon signature ratification, or accession any Contracting Government may make such express reservations in regard to Articles 3-10 of the present Convention as may be considered essential.
Article 12
1. Each Contracting Government shall furnish to the Government of the United Kingdom information as to the measures taken for the purpose of carrying out the provisions of the preceding Articles. The Government of the United Kingdom will communicate all the information so furnished to
the Governments mentioned in Article 5, paragraph 2.
2. The Contracting Governments shall, wherever necessary, co-operate between themselves for the purpose of carrying out the provisions of the preceding Articles and to prevent the extinction of fauna and flora.
3. All the Governments which sign or accede to the present Convention
shall be deemed to be parties to the Protocol bearing this day's date
drawn up to facilitate the co-operation mentioned in the preceding paragraph.
Article 13
1. Any Contracting Government may, at the time of signature,
ratification, or accession, or thereafter, make a declaration assuming in respect of any one or more of its territories (including metropolitan territories, colonies, overseas territories, or territories under suzerainty, protection, or mandate) other than those mentioned in
paragraph 3 (i) of Article 1, either all the obligations of the present Convention, or only those contained in Article 9, paragraphs 3, 8 and 9.
If such declaration is made subsequent to ratification or accession it shall be effected by means of a notification in writing addressed to the Government of the United Kingdom, and shall take effect on the entry into force of the Convention or, if the Convention is already in force, three months after the date of the receipt of the notification by the
Government of the United Kingdom.
2. It is understood that any Contracting Government may, by a single declaration made under the preceding paragraph, assume, in respect of
some of its territories mentioned in that paragraph, all the obligations
of the present Convention, and in respect of other such territories only the obligations contained in Article 9, paragraphs 3, 8 and 9.
3. Any Contracting Government which has made a declaration under the preceding paragraph, assuming, in respect of any territory only the obligations contained in Article 9, paragraphs 3, 8 and 9, may, at any subsequent time, by a notification in writing addressed to the Government of the United Kingdom, declare that such previous declaration shall henceforth be deemed to relate to all the obligations of the Convention
in respect of the territory concerned and such subsequent declaration
shall take effect on the entry into force of the Convention or, if the Convention is already in force, three months after the date of the
receipt of the notification by the Government of the United Kingdom.
4. Any Contracting Government may at any time, by a notification in
writing addressed to the Government of the United Kingdom, determine the application of the Convention to any territory or territories which have been the subject of a declaration under paragraphs 1 and 3 of the present Article, and the Convention shall thereupon cease to apply to the
territory or territories mentioned in the notification one year after the date of its receipt by the Government of the United Kingdom, provided
that such notification shall in no case take effect until the expiry of
the period of five years mentioned in Article 19, paragraph 1.
5. It is understood that if, as the result of a notification made under
the preceding paragraph, there would remain no territories of the Contracting Government concerned to which the Convention would be applicable either in full or in part, such Government shall, instead of making the notification, proceed by way of denunciation under Article 19.
6. It is further understood that no notification made under paragraph 4
of the present Article, or otherwise, may purport to apply only the provisions of Article 9, paragraphs 3, 8 and 9, to any territory to
which, at the time of the notification, the Convention applies in full.
7. The Government of the United Kingdom will inform all the Governments mentioned in Article 5, paragraph 2, of any notification received under
the preceding paragraphs of the present Article, of the date of their receipt of their terms.
Article 14
It is understood that no Government will sign, ratify, or accede to the present Convention unless it either has territories covered by Article 1, paragraph 3 (i), or makes or has made a declaration under Article 13 assuming in respect of one or more territories the obligations of the Convention either in full or in part.
Article 15
The present Convention, of which the French and English texts shall both
be equally authentic shall bear this day's date and shall be open for signature until the 31st March, 1934.
Article 16
The present Convention shall be subject to ratification. The instruments
of ratification shall be deposited with the Government of the United Kingdom, which will notify their receipt and the date thereof, and their terms and the terms of any accompanying declarations or reservations to
all the Governments mentioned in Article 5, paragraph 2.
Article 17
At any time after the 31st March 1934, the present Convention shall be
open to accession by any Government of a metropolitan territory, by which it has not been signed, whether it has territories covered by Article 1, paragraph 3 (i), or not. Accessions shall be notified to the Government
of the United Kingdom, which will inform all the Governments mentioned in Article 5 paragraph 2, of all notifications received, their terms and the terms of any accompanying declarations or reservations, and the date of their receipt.
Article 18
1. After the deposit or notification of not less than four ratifications
or accessions on the part of Contracting Governments having territories covered by Article 1, paragraph 3 (i), the present Convention shall come into force three months after the deposit or notification of the last of such ratifications or accessions, as between the Governments concerned.
The Government of the United Kingdom will notify all the Governments mentioned in Article 5, paragraph 2, of the date of the coming into force of the Convention.
2. Any ratifications or accessions received after the date of the entry into force of the Convention shall take effect three months after the
date of their receipt of the Government of the United Kingdom.
Article 19
1. Any Contracting Government may at any time denounce the present Convention by a notification in writing addressed to the Government of
the United Kingdom. Such denunciation shall take effect, as regards the Government making it, and in respect of all the territories of that Government to which the Convention shall then apply, either in full or in part, one year after the date of the receipt of the notification by the Government of the United Kingdom; provided, however, that no denunciation shall take effect until the expiry of five years from the date of the
entry into force of the Convention.
2. If, as the result of simultaneous or successive denunciations, the number of Contracting Governments bound, in respect of one or more of
their territories, by all the obligations of the present Convention is reduced to less than four, the Convention shall cease to be in force as from the date on which the last of such denunciations shall take effect
in accordance with the provisions of the preceding paragraph.
3. The Government of the United Kingdom will notify all the other Governments mentioned in Article 5, paragraph 2, of any denunciations so received and the date on which they take effect. The Government of the United Kingdom will also, if occasion arises, similarly notify the date
on which the Convention ceases to be in force under the provisions of the preceding paragraph.
In witness whereof the above-named Plenipotentiaries have signed the present Convention.
Done in London, this eighth day of November, 1933, in a single copy,
which shall remain deposited in the archives of the Government of the United Kingdom of Great Britain and Northern Ireland, which will transmit certified true copies thereof to all the Governments attending the Conference at which the present Convention has been drawn up whether as participators or observers, as well as to any other Government to which
the Government of the United Kingdom may deem it desirable to communicate
a copy.
ANNEX
Class A
1. ANIMALIA. (I) Mammalia.
Primates.
A 1. Gorilla--Gorilla gorilla (Savage & Wyman) (all subspecies).
Anthropopithecus gorilla Savage & Wyman, 1847, Bost. Journ. Nat. Hist. 5: 419.
A 2. All Madagascar Lemurs--Chiromyidae, Lemuridae and Indrisidae.
(Note.-- These families include numerous genera and species.)
Carnivora.
A 3. Aard Wolf--Proteles cristatus (Sparrman).
Viverra cristata Sparrman, 1785, Voy.: 177.
A 4. Fossa--Fossa Gray (all subspecies).
Fossa Gray, 1864, Proc. Zool. Soc. Lond. 1864: 518.
Ungulata.
A 5. Giant Sable Antelope--Hippotragus niger variani Thomas.
Hippotragus niger variani Thomas, 1916, Proc. Zool. Soc. Lond. 1916: 298.
A 6. Nyala--Tragelaphus angasi Angas.
Tragelaphus angasi Angas, 1848, Proc. Zool. Soc. Lond. 1848: 89.
A 7. Mountain Nyala or Buxton's Bushbuck--Tragelaphus buxtoni Lydekker.
Tragelaphus buxtoni Lydekker, 1910, Nature 84: 397.
A 8. Okapi--Okapia johnstoni (Sclater).
Equus (?) johnstoni Sclater, 1901, Proc. Zool. Soc. Lond. 1901 (I): 50.
A 9. Barbary Stag--Cervus elaphus barbarus Bennett.
Cervus barbarus Bennett, 1837, List Anim. Gardens Zool. Soc.: 31.
A 10. Pigmy Hippopotamus--Choeropsis liberiensis (Morton).
Hippopotamus liberiensis Morton, 1849, J. Acad. Nat. Sci. Philad. (I) 4: 232.
Hippopotamus minor Morton, 1844, Proc. Acad. Nat. Sci. Philad. 2 (I): 15.
A 11. Mountain Zebra--Hippotigris zebra (Linnaeus) (all subspecies).
Equus zebra Linnaeus, 1758, Syst. Nat. ed. 10 I: 74.
A 12. Wild Ass--Asinus asinus (Linnaeus) (all subspecies).
Equus asinus Linnaeus, 1758, Syst. Nat. ed. 10 I: 73.
A 13. White Rhinoceros--Rhinoceros simus Burchell (all subspecies).
Rhinoceros simus Burchell, 1817, Bull. Soc. Philom. 1817: 96.
A 14. Northern Hartebeest or Bubal--Bubalis buselaphus (Pallas).
Antilope buselaphus Pallas, 1766, Misc. Zool.: 7.
A 15. Abyssinian Ibex or Wali--Capra walie R?ppell.
Capra walie R?ppell, 1835, Neue Wirbelthiere Abyssin. I: 16.
A 16. Elephant--Elephas africanus Blumenbach.
Elephas africanus Blumenbach, 1779, Handbuch der Naturgeschichte ed. 5: 125.
(Note: This species to be included in Class A only in respect of
specimens of which the tusks do not exceed 5 kilogrammes in weight
each.)
A 17. Water Chevrotain--Hyemoschus aquaticus (Ogilby) (all subspecies).
Moschus aquaticus Ogilby, 1840, Proc. Zool. Soc. Lond. 1840: 35.
(ii) Aves.
A 18. Whale-headed Stork or Shoe-bill--Balaeniceps rex Gould.
Balaeniceps rex Gould, 1851, Proc. Zool. Soc. Lond. 1851: I.
A 19. Bald-headed Ibis or Waldrapp--Comatibis eremita (Linnaeus).
Upupa eremita Linnaeus, 1758, Syst. Nat. ed. 10 I: 118.
A 20. White-breasted Guinea Fowl--Agelastes meleagrides Bonaparte.
Agelastes meleagrides Bonaparte, 1849, Proc. Zool. Soc. Lond. 1849: 145.
2. VEGETABILIA.
A 21. Welwitschia--Welwitschia Bainesii (Carri?re).
Welwitschia Bainesii (Carri?re), 1933, Flora Capensis 5 (2): Suppl.: 1-3. (Formerly Welwitschia mirabilis Hooker fil.)
Class B.
ANIMALIA. (i) Mammalia.
Primates.
B 1. Chimpanzee--Anthropopithecus Blainville (all subspecies).
Anthropopithecus Blainville, 1838, Ann. Fran?. et Etrang. d'Anat. et Physiol. 2 : 360.
B 2. Colobus Monkey--Colobus Illiger (all subspecies).
Colobus Illiger, 1811, Prodomus: 69.
Ungulata.
B 3. Giant Eland or Lord Derby's Eland--Taurotragus derbianus (Gray) (all subspecies).
Boselaphus derbianus Gray, 1847, Ann. Mag. Nat. Hist. (I) 20:286.
Boselaphus oreas Gray, 1847, List Osteol. Brit. Mus.: 155.
B 4. Giraffe--Giraffa Zimmermann (all subspecies).
Giraffa Zimmermann, 1780, Geogr. Gesch. 2: 125.
B 5. White-tailed Gnu--Connochaetes gnou (Zimmermann).
Bos gnou Zimmermann, 1772, Spec. Zool. Geogr.: 372.
B 6. Yellow-backed Duiker--Cephalophus sylvicultrix (Afzelius).
Antilope sylvicultrix Afzelius, 1815, Nova Acta Soc. Upsala 6: 265.
B 7. Jentink's Duiker--Cephalophus jentinki Thomas.
Cephalophus jentinki Thomas, 1892, Proc. Zool. Soc. Lond. 1892: 417.
Antilope longiceps Jentink, 1885, Notes Leyden Mus. 7: 272.
B 8. Beira--Dorcotragus megalotis (Menges).
Oreotragus megalotis Menges, 1894, Zool. Anz. 1894: 131.
B 9. Dibatag or Clarke's Gazelle--Ammodorcas clarkei (Thomas).
Cervicapra clarkei Thomas, 1891, Ann. Mag. Nat. Hist. (6) 7: 304.
B 10. Bontebok--Damaliscus pygargus (Pallas).
Antilope pygarga Pallas, 1767, Spicil. Zool. fasc. I: 10.
Antilope dorcas Pallas, 1766, Misc. Zool.: 6; nec Capra dorcas Linnaeus.
B 11. Black Rhinoceros--Rhinoceros bicornis Linnaeus.
Rhinoceros bicornis Linnaeus, 1758, Syst. Nat. ed. 10 I: 56.
B 12. Elephant--Elephas africanus Blumenbach.
Elephas africanus Blumenbach, 1779, Handbuch der Naturgeschichte ed. 5: 125.
(The above species to be included in Class B in respect of specimens
of which the tusks exceed 5 kilogrammes in weight each.)
Edentata.
B 13. Pangolin--Manis Linnaeus (all species).
Manis Linnaeus, 1758, Syst. Nat. ed. 10 1: 36.
(ii) Aves.
B 14. Marabou--Leptoptilos crumeniferus (Lesson).
Ciconia crumenifera Lesson, 1831, Trait? d'Orn: 585.
B 15. Abyssinian Ground Hornbill--Bucorvus abyssinicus (Boddaert).
Buceros abyssinicus Boddaert, 1783, Tabl. Planches enlumin?es:48.
B 16. Ground Hornbill--Bucorvus cafer (Schlegel).
Buceros carunculatus cafer Schlegel, 1862, Mus. Pays-Bas 1: 20.
B 17. Wild Ostrich--Struthio Linnaeus (all African subspecies).
Struthio Linnaeus, 1758, Syst. Nat. ed. 10 1: 155.
Note. -- The African subspecies are the following:
North African Ostrich--S. camelus camellus Linnaeus, 1758;
Southern Ostrich--S. c. australis Gurney, 1868;
Masai Ostrich--S. c. massaicus Neumann, 1898; and
Somali Ostrich--S. c. molybdophanes Reichenow, 1883.
B 18. Secretary Bird--Sagittarius serpentarius (Miller).
Falco serpentarius Miller, 1779, Icon. Anim. pl. 28.
B 19. Little Egret--Egretta-garzetta garzetta (Linnaeus).
Ardea garzetta Linnaeus, 1766, Syst. Nat. ed. 12 I: 237.
B 20. African Great White Egret--Casmerodius albus melanorhynchus (Wagler).
Ardea melanorhynchos Wagler, 1877, Syst. Av. Additamenta (last page).
B 21. African Yellow-billed Egret--Mesophoyx intermedius brachyrhynchus (Brehm).
Herodias (Egretta) brachyrynchos Brehm, 1858, J. Ornith.: 471.
B 22. Buff-backed Heron--Bubulcus ibis (Linnaeus).
Ardea ibis Linnaeus, 1758, Syst. Nat. ed. 10 I:144.
PROTOCOL.
At the moment of the signature of the Convention relative to the Preservation of Fauna and Flora in their Natural State which bears this day's date, the Undersigned, being duly authorised to that effect by their respective Governments, have agreed on the following provisions:
In faith whereof the Undersigned have signed the present Protocol.
Done in London, this eighth day of November, 1933, in a single copy, which shall remain deposited in the archives of the Government of the United Kingdom of Great Britain and Northern Ireland, which will transmit certified true copies thereof to all the Governments attending the Conference at which the present Protocol has been drawn up, whether as participators or observers, as well as to any other Government to which the Government of the United Kingdom may deem it desirable to communicate a copy.
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