Whales on the Net - International Convention for the Protection of Birds

INTERNATIONAL CONVENTION FOR THE PROTECTION OF BIRDS

Paris, 18 October 1950

The Governments signatory to this Convention,

Realizing the danger of extermination which threatens certain species of birds and concerned about the numerical decrease in other species, particularly migratory species; and

Considering that, in the interests of science, the protection of nature and the economy of each nation, all birds should as a matter of principle be protected;

Have recognized the need to amend the International Convention for the Protection of Birds useful to Agriculture, signed in Paris on 19 March 1902, and have agreed on the following provisions:

Article 1

The purpose of this Convention is to protect birds in the wild state.

Article 2

With the exceptions specified in articles, 6 and 7 of this Convention, protection shall be given:

a) to all birds, at least during their breeding season, and to migrants, during their return flight to their nesting ground, particularly in March, April, May, June and July;
b) to species which are in danger of extinction or are of scientific interest. throughout the year.

Article 3

With the exceptions specified in articles 6 and 7 of this Convention, the import, export, transport, sale, offer for sale, giving or possession of any live or dead bird or any part of a bird killed or captured in contravention of the provisions of this Convention, during the season in which the species concerned is protected, shall be prohibited.

Article 4

With the exceptions specified in articles 6 and 7 of this Convention, the removal or destruction of nests under construction or in use and the taking or damaging, transport, import or export, sale, offer for sale, purchase or destruction of eggs or their shells or broods of young birds in the wild state, during the season in which a particular species is protected and particularly during its breeding season, shall be prohibited.

Nevertheless, these prohibitions shall not apply, on the one hand, to eggs lawfully collected and accompanied by a certificate establishing either that they are to be used for propagating or scientific purposes or that they come from captive birds and, on the other hand, to lapwing eggs, solely in the case of the Netherlands, where exceptional local conditions have already been recognized.

Article 5

With the exceptions specified in articles 6 and 7 of this Convention, the High Contracting Parties undertake to prohibit the methods enumerated below as being of such a nature as to result in the mass killing or capture of birds or to cause them unneccessary suffering.

However, in countries where such methods are at present permitted by law, the High Contracting Parties undertake gradually to introduce into their legislation measures designed to prohibit or restrict their use:

a) snares, bird-line, traps, hooks, nets, poisoned bait, stupefying agents, blinded decoy-birds,
b) decoy-ponds with nets,
c) mirrors, torches, and other artificial lights,
d) fishing nets or tackle for the capture of aquatic birds,
e) magazine or automatic sporting-guns holding more than two cartridges,
f) in general, all firearms, other than shoulder arms,
g) the pursuit and shooting of birds from motorboats in inland waters and, from 1 March to 1 October, in territorial and off-shore waters,
h) the use of motor vehicles or air-borne machines to shoot or drive birds,
i) the offering of rewards for the capture or killing of birds,
j) the right of unrestricted shooting and netting shall be regulated throughout the year and suspended during the breeding season on the sea and along the banks and coasts,
k) all other methods designed for the mass capture or killing of birds.

Article 6

If, in a particular region, one species is found to be jeopardizing the future of certain agricultural or animal products by damaging fields, vineyards gardens, orchards, woods, game or fish or threatening to destroy or simply diminish one or more species whose conservation is desirable, the appropriate authorities may issue individual permits, lifting the prohibitions established in articles 2 and 5 in the case of that species. It shall, however, be unlawful to purchase or sell birds killed in this manner or to transport them outside the region where they were killed.

If national laws contain other provisions designed to reduce the damage caused by certain species of birds in such a way as to assure the perpetuation of those species, such provisions may be maintained by the High Contracting Parties.

In view of the special importance of economic conditions in Sweden, Norway, Finland and the Faroe Islands, the appropriate authorities in those countries may make exceptions and permit certain derogations from the provisions of this Convention. If Iceland should accede to this Convention, it shall be entitled to enjoy the benefit of such derogations upon request.

No measures shall be adopted in any country of such a nature as to cause the complete destruction of the indigenous or migratory species referred to in this article.

Article 7

Exceptions to the provisions of this Convention may be permitted by the appropriate authorities in the interests of science and education, the propagation and breeding of game birds and falconry, depending on the circumstances and provided that all necessary precautions are taken to prevent abuses. The provisions concerning transport contained in articles 3 and 4 shall not apply to the United Kingdom.

In each country, the prohibitions enumerated in article 3 shall not apply to the plumage of species of birds which may be killed there.

Article 8

Each Contracting Party undertakes to prepare a list of birds which may lawfully be killed or captured in its own territory, subject to compliance with the conditions laid down in this Convention.

Article 9

Each Contracting Party shall have the right to draw up a list of species of indigenous and migratory birds which may be kept in captivity by individuals and shall establish the permissible methods of capture and the conditions in which birds may be transported or kept in captivity.

Each Contracting Party shall regulate trade in the birds protected by this Convention and take all necessary measures to limit the expansion of such trade.

Article 10

The High Contracting Parties undertake to consider and adopt measures to prevent the destruction of birds by hydrocarbons and other causes of water pollution, by lighthouses, electric cables, insecticides or poisons or by any other means. They shall endeavour to educate children and the public in order to convince them of the need to preserve and protect birds.

Article 11

In order to alleviate the consequences of the rapid disappearance of suitable breeding grounds for birds as a result of human intervention, the High Contracting Parties undertake to encourage and promote immediately, by every possible means, the creation of water or land reserves of suitable size and location where birds can nest and raise their bodies safely and where migratory birds can also rest and find their food undisturbed.

This Convention shall be ratified and the instruments of ratification shall be deposited with the Ministry of Foreign Affairs of the French Republic, which shall notify their receipt to all States that have signed and acceded to the Convention.

Any State not a signatory to this Convention may accede thereto. Accessions shall be notified to the Ministry of Foreign Affairs of the French Republic, which shall inform all the States that have signed and acceded to the Convention accordingly.

This Convention shall enter into force on the ninetieth day following the date of deposit of the sixth instrument of ratification or accession. For each State ratifying or acceding to the Convention after that date, it shall enter into force on the ninetieth day following the date of deposit by that State of its instrument of ratification or accession.

This Convention shall supersede, between the countries which ratify or accede to it, the provisions of the 1902 International Convention.

In Witness Whereof, the undersigned, duly authorized by their respective Governments, have signed this Convention.

Done at Paris, on 18 October 1950.