CONVENTION ON NATURE PROTECTION AND WILD LIFE PRESERVATION IN THE WESTERN HEMISPHERE (1940)

                     CONVENTION ON NATURE PROTECTION
         AND WILD LIFE PRESERVATION IN THE WESTERN HEMISPHERE (1940)

    ENTERED INTO FORCE: 1 May 1942

                                  Preamble

    The Governments of the American Republics, wishing to protect and
    preserve in their natural habitat representatives of all species and
    genera of their native flora and fauna, including migratory birds, in
    sufficient numbers and over areas extensive enough to assure them from
    becoming extinct through any agency within man's control; and

    Wishing to protect and preserve scenery of extraordinary beauty, unusual
    and striking geologic formations, regions and natural objects of
    aesthetic, historic or scientific value, and areas characterized by
    primitive conditions in those cases covered by this Convention; and

    Wishing to conclude a convention on the protection of nature and the
    preservation of flora and fauna to effectuate the foregoing purposes have
    agreed upon the following Articles:

                                  Article I

                       DESCRIPTION OF TERMS USED IN THE
                          WORDING OF THIS CONVENTION

    1. The expression national parks shall denote:

         Areas established for the protection and preservation of
    superlative scenery, flora and fauna of national significance which the
    general public may enjoy and from which it may benefit when placed under
    public control.

    2. The expression national reserves shall denote:

         Regions established for conservation and utilization of natural
    resources under government control, on which protection of animal and
    plant life will be afforded in so far as this may be consistent with the
    primary purpose of such reserves.

    3. The expression nature monuments shall denote:

         Regions, objects, or living species of flora and fauna of
    aesthetic, historic or scientific interest to which strict protection is
    given. The purpose of nature monuments is the protection of a specific
    object, or a species of flora or fauna, by setting aside an area, an
    object, or a single species, as an inviolate nature monument, except for
    duly authorized scientific investigations or government Inspection.

    4. The expression strict wilderness reserves shall denote:

         A region under public control characterized by primitive conditions
    of flora, fauna, transportation and habitation wherein there is no
    provision for the passage of motorized transportation and all commercial
    developments are excluded.

    5. The expression migratory birds shall denote:

         Birds of those species, all or some of whose individual members,
    may at any season cross any of the boundaries between the American
    countries. Some of the species of the following families are examples of
    birds characterized as migratory: Charadriidae, Scolopacidae,
    Caprimulgidae, Hirundinidae.

                                  Article II

    1. The Contracting Governments will explore at once the possibility of
    establishing in their territories national parks, national reserves,
    nature monuments, and strict wilderness reserves as defined in the
    preceding article. In all cases where such establishment is feasible, the
    creation thereof shall be begun as soon as possible after the effective
    date of the present Convention.

    2. If in any country the establishment of national parks, national
    reserves, nature monuments, or strict wilderness reserves is found to be
    impractical at present, suitable areas, objects or living species of
    fauna or flora, as the case may be, shall be selected as early as
    possible to be transformed into national parks, national reserves, nature
    monuments or strict wilderness reserves as soon as, in the opinion of the
    authorities concerned, circumstances will permit.

    3. The Contracting Governments shall notify the Pan American Union of the
    establishment of any national parks, national reserves, nature monuments,
    or strict wilderness reserves, and of the legislation, including the
    methods of administrative control, adopted in connection therewith.

                                  Article III

    The Contracting Governments agree that the boundaries of national parks
    shall not be altered, or any portion thereof be capable of alienation
    except by the competent legislative authority. The resources of these
    reserves shall not be subject to exploitation for commercial profit.

    The Contracting Governments agree to prohibit hunting, killing and
    capturing of members of the fauna and destruction or collection of
    representatives of the flora in national parks except by or under the
    direction or,control of the park authorities, or for duly authorized
    scientific investigations.

    The Contracting Governments further agree to provide facilities for
    public recreation and education in national parks consistent with the
    purposes of this Convention.

                                  Article IV

    The Contracting Governments agree to maintain the strict wilderness
    reserves inviolate, as far as practicable, except for duly authorized
    scientific investigations or government inspection, or such uses as are
    consistent with the purposes for which the area was established.

                                  Article V

    1. The Contracting Governments agree to adopt, or to propose such
    adoption to their respective appropriate law-making bodies, suitable laws
    and regulations for the protection and preservation of flora and fauna
    within their national boundaries but not included in the national parks,
    national reserves, nature monuments, or strict wilderness reserves
    referred to in Article II hereof. Such regulations shall contain proper
    provisions for the taking of the specimens of flora and fauna for
    scientific study and investigation by properly accredited individuals and
    agencies.

    2. The Contracting Governments agree to adopt or to recommend that their
    respective legislatures adopt, laws which will assure the protection and
    preservation of the natural scenery, striking geological formations, and
    regions and natural objects of aesthetic interest or historic or
    scientific value.

                                  Article VI

    The Contracting Governments agree to cooperate among themselves in
    promoting the objectives of the present Convention. To this end they will
    lend proper assistance, consistent with national laws, to scientists of
    the American Republics engaged in research and field study; they may,
    when circumstances warrant, enter into agreements with one another or
    with scientific institutions of the Americas in order to increase the
    effectiveness of this collaboration; and they shall make available to all
    the American Republics equally through publication or otherwise the
    scientific knowledge resulting from such cooperative effort.

                                  Article VII

    The Contracting Governments shall adopt appropriate measures for the
    protection of migratory birds of economic or aesthetic value or to
    prevent the threatened extinction of any given species. Adequate measures
    shall be adopted which will permit, in so far as the respective
    governments may see fit, a rational utilization of migratory birds for
    the purpose of sports as well as for food, commerce, and industry, and
    for scientific study and investigation.

                                  Article VIII

    The protection of the species mentioned in the Annex to the present
    Convention is declared to be of special urgency and importance. Species
    included therein shall be protected as completely as possible, and their
    hunting, killing, capturing, or taking, shall be allowed only with the
    permission of the appropriate government authorities in the country. Such
    permission shall be granted only under special circumstances, in order to
    further scientific purposes, or when essential for the administration of
    the area in which the animal or plant is found.

                                  Article IX

    Each Contracting Government shall take the necessary measures to control
    and regulate the importation, exportation and transit of protected fauna
    and flora or any part thereof by the following means:

    1. The issuing of certificates authorizing the exportation or transit of
    protected species of flora or fauna, or parts thereof.

    2. The prohibition of the importation of any species of fauna or flora or
    any part thereof protected by the country of origin unless accompanied by
    a certificate of lawful exportation as provided for in Paragraph 1 of
    this Article.

                                  Article X

    1. The terms of this convention shall in no way be interpreted as
    replacing international agreements previously entered into by one or more
    of the High Contracting Powers.

    2. The Pan American Union shall notify the Contracting Parties of any
    information relevant to the purposes of the present Convention
    communicated to it by any national museums or by any organizations,
    national or international established within their jurisdiction and
    interested in the purposes of the Convention.

                                  Article XI

    1. The original of the present Convention in Spanish, English, Portuguese
    and French shall be deposited with the Pan American Union and opened for
    signature by the American Governments on 12 October 1940.

    2. The present Convention shall remain open for signature by the American
    Governments. The instruments of ratification shall be deposited with the
    Pan American Union, which shall notify their receipt and the dates
    thereof, and the terms of any accompanying declarations or reservations,
    to all participating Governments.

    3. The present Convention shall come into force three months after the
    deposit of not less than five ratifications with the Pan American Union.

    4. Any ratification received after the date of the entry into force of
    the Convention, shall take effect three months after the date of its
    deposit with the Pan American Union.

                                  Article XII

    1. Any Contracting Government may at any time denounce the present
    Convention by a notification in writing addressed to the Pan American
    Union. Such denunciation shall take effect one year after the date of the
    receipt of the notification by the Pan American Union, provided, however,
    that no denunciation shall take effect until the expiration of five years
    from the date of the entry into force of this Convention.

    2. If, as the result of simultaneous or successive denunciations, the
    number of Contracting Governments is reduced to less than three, the
    Convention shall cease to be in force from the date on which the last of
    such denunciations takes effect in accordance with the provisions of the
    preceding Paragraph.

    3. The Pan American Union shall notify all of the American Governments of
    any denunciations and the date on which they take effect.

    4. Should the Convention cease to be in force under the provisions of
    Paragraph 2 of this article, the Pan American Union shall notify all of
    the American Governments, indicating the date on which this will become
    effective.

    In witness whereof, the undersigned Plenipotentiaries, having deposited
    their full powers found to be in due and proper form, sign this
    Convention at the Pan American Union, Washington, D.C., on behalf of
    their respective Governments and affix thereto their seals on the dates
    appearing opposite their signatures.