CONVENTION FOR THE PROTECTION OF BIRDS USEFUL TO AGRICULTURE

 

His Majesty the Emperor of Austria, King of Bohemia etc. and Apostolic King of Hungary, in the name of his Highness Prince Lichtenstein as well; His Majesty the German Emperor, King of Prussia, in the name of the German Empire; His Majesty the King of the Belgians; His Majesty the King of Spain, and, in his name, Her Majesty the Queen-Regent of the Kingdom; the President of the French Republic; His Majesty the King of the Hellenes; His Royal Highness the Grand Duke of Luxemburg; His Highness the Prince of Monaco; His Majesty the King of Portugal and Algarbia; His Majesty the King of Sweden and Norway, in the name of Sweden; and the Federal Council of Switzerland, considering the adoption by the various States of an uniform procedure concerning the protection of birds useful to agriculture, have determined to make a Convention and have appointed as their respective plenipotentiaries for this purpose the following gentlemen:

 

On behalf of His Majesty the Emperor of Austria, King of Bohemia etc., and Apostolic King of Hungary:

His Excellency Count WOLKENSTEIN-TROSTBURG, Ambassador Extraordinary and Plenipotentiary to the President of the French Republic;

O. b. of His Majesty the German Emperor, King of Prussia:

His Serene Highness Prince RADOLIN, Ambassador Extraordinary and Plenipotentiary to the President of the French Republic;

O. b. of His Majesty the King of the Belgians:

Baron DANETHAN, Minister Extraordinary and Plenipotentiary to the President of the French Republic;

O. b. of His Majesty the King of Spain and, in his name, Her Majesty the Queen-Regent of that Kingdom:

His Excellency the Marquis DE LEON Y CASTILLO del Muni, Ambassador Extraordinary and Plenipotentiary to the President of the French Republic;

O. b. of The President of the French Republic:

His Excellency THEOPHILUS DELCASSÉ, Member of the Chamber of Deputies, Foreign Minister;

O. b. of His Majesty the King of the Hellenes,

M. N. DELYANNIS, Minister Extraordinary and Plenipotentiary to the President of the French Republic;

O. b. of His Royal Highness the Grand Duke of Luxemburg:

M. VANNERUS, Chargé daffaires at Paris;

O. b. of His Highness the Prince of Monaco:

M. I. P. DEPELLEY, Chargé daffaires at Paris;

O. b. of His Majesty the King of Portugal and Algarbia:

M. T. DE SOUZA, Minister Extraordinary and Plenipotentiary to the President of the French Republic;

O. b. of His Majesty the King of Sweden and Norway, in the name of Sweden:

M. H. ÅKERMAN, Minister Extraordinary and Plenipotentiary to the President of the French Republic; and the

On behalf on Swiss Federal Council:

M. CHARLES LARDY, Minister Extraordinary and Plenipotentiary to the President of the Republic of France:

The said plenipotentiaries, after an intercommunication of their powers of attorney found good and sufficient, agreed upon the following clauses:

 

Article 1.

 

Birds useful to agriculture, particularly the insect-eaters and namely those birds enumerated in the first Schedule attached to the present Convention (which Schedule the Parliaments of the several countries may enlarge by additions) shall be unconditionally protected by a prohibition forbidding them to be killed in any way whatsoever, as well as the destruction of their nests, eggs and broods.

 

Until such time as this result shall be completely realised, the high contracting parties bind themselves to take, or to propose to their Parliaments to take, all such measures as are necessary to carry the resolutions contained in the following clauses into effect.

 

Art. 2

 

It shall be forbidden, at any season and in any manner whatsoever, to steal nests and eggs, to take or destroy nestlings.

 

The import of these nests, eggs and nestlings, their transport, the colportage of the same, their putting up to sale, their sale and purchase shall be prohibited.

 

This prohibition does not concern nests built by birds in dwelling-houses, or any kinds of buildings, on the same or in the interior of court-yards, which may be destroyed by owners, occupiers or any person authorised by the same. [Further the enactments of the present Clause may be considered invalid in the case of the eggs of lapwings and gulls].1

1 Later addition

 

 

Art. 3

 

The construction and employment of traps, cages, nets, nooses, lime-twigs or any other kind of instruments used for the purpose of rendering easy the wholesale capture or destruction of birds, shall be forbidden.

 

Art. 4

 

In case the high contracting parties should not be in a position to enforce the prohibitions included in the preceding clause at once and in their entirety, they may mitigate the severity of the said prohibitions as required, but engage to restrict the use of methods, weapons and instruments of capture and killing in such a manner that the protective measures contained in Art. 3 may be carried into effect gradatim.

 

Art. 5

 

Besides the general prohibitions enacted in Art. 3, it shall be forbidden, from March 1 to Sept 15 of each year, to take or kill [those useful birds which are enumerated in the first Schedule attached to this Convention].1

 

The sale or offering for sale of the same is also, during the same period, forbidden.

 

The high contracting parties engage, as far as their respective laws permit, to prohibit the import and delivery as well as the transport of the said birds from March 1 till Sept. 15.

 

[The duration of close season prescribed in this Article may be modified in the countries of Northern Europe].2

1 Original: "les oiseaux quelconques, sauf les exceptions indiqués aux articles 8 et 9."

 

    Modified: "les oiseaux utiles énumérés dans la liste No. 1 annexée à la Convention."

 

2 Additional.

 

 

Art.6

 

The respective authorities may give exceptional, temporary licences to the owners of vineyards, orchards and gardens, of nurseries, afforested ground or cornfields or to the cultivators of the same or to individuals entrusted with the control of the same, for the shooting of birds whose presence is harmful and causes real damage.

 

However, the sale or offering for sale of birds shot under such circumstances shall be forbidden.

 

Art.7

 

The respective authorities may grant exemptions from the enactments of this Convention for scientific purposes or to encourage the propagation of birds, in single instances and after taking all measures of precaution necessary to prevent any abuse of the same.

 

Permission may be granted, -- similar preventive measures being taken in every case -- for the taking, sale and keeping of birds intended to be kept in cages. Permission to be granted by the respective authorities.

 

Art. 8

 

The enactments of the present convention do not apply to poultry, nor to birds regarded as game (winged game) which are on preserves and are included by the Parliaments of the respective countries among birds considered as game.

 

The destruction of winged game, on any other territory whatsoever, is permitted with firearms only and in the period prescribed by law.

 

The signatory States [are requested]1 to prohibit the sale, transport and delivery of any winged game the shooting of which is forbidden in their own country, as long as this prohibition lasts.

1 Originally: "sengagent".

 

 

Art. 9

 

Each of the contracting parties may grant exemption from the enactments of the present Convention,

 

1. In the case of birds, the shooting and destruction of which, as noxious to the interests of shooting sport and fishing, is permitted by the Parliament of the respective country;

 

2. In the case of birds branded as noxious to the agriculture of the country by the Parliament of the respective State.

 

In case there should not be an official schedule compiled by the respective legislature [§ 2 of the present Clause]1 shall be enforced in the case of those birds which are enumerated in Schedule 2 annexed to this Convention.

1 Originally: "larticle 9 sera appliqué".

 

 

Art. 10

 

The high contracting parties will take steps to have their laws brought into harmony with the enactments of the present Convention [within three years from the date]2 of the signing of the said Convention.

2 Originally: "du jour fixé pour la mise en vigeur de la Convention".

 

 

Art. 11

 

The high contracting parties engage to intercommunicate, through the medium of the French Government, all laws and municipal measures which are at present in force or have lately come into being regarding the subject of the present Convention.

 

Art. 12

 

The high contracting parties, should they find it expedient, shall have themselves represented at an international conference deputed to discuss questions that may arise in connexion with the carrying into effect of the Convention and to propose any modifications, the expediency of which has been justified by experience.

 

Art. 13

 

Those States which have not participated in the present Convention may join the same, if they wish to do so. Any such intention must be diplomatically communicated to the Government of the French Republic and by the same to the Governments of the other signatory Powers.

 

Art. 14

 

The present Convention shall come in force at latest within a year from the date of the interchanging of papers.

 

It remains in force for all the signatory Powers for an indefinite period. Should any one of the same withdraw, such withdrawal does not affect the other Powers, and comes in force only one year from the day on which the withdrawal was brought to the notice of the other signatory States.

 

Art. 15

 

The present Convention shall be ratified and the ratified documents shall be interchanged at Paris within the shortest time possible.

 

[Art. 16.

 

The enforcing of the measures contained in the second paragraph of Clause 8 of the present Convention may be dispensed with exceptionally in the Northern provinces of Sweden, owing to the absolutely peculiar climatic conditions of those regions].1

1 Absolutely new addition: v. supra.

 

 

In confirmation of which the respective plenipotentiaries have signed the present Convention and affixed their seals thereto.

 

Paris, March 19, 1902.

 

(Signed)

In the name of Austria and Hungary, the

 

Ambassador of Austria-Hungary,

 

A. WOLKENSTEIN.

(Signed) RADOLIN.

(Signed) Baron dANETHAN.

(Signed) F. LEON Y CASTILLO.

(Signed) DELCASSÉ.

(Signed) N. S. DELYANNI.

(Signed) VANNERUS.

(Signed) I. DEPELLEY.

(Signed) ROZA DE SOUZA.

(Signed) ÅKERMAN.

(Signed) LARDY.

 

 

 

 

Schedule I.

Useful birds.

Night birds of prey:

(Owls):

Little Owl -- Athene.

 

Pygmy Owl -- Glaucidium.

 

Hawk Owls -- Surnia.

 

Tawny Owl -- Syrnium.

 

Barn Owl -- Strix flammea.

 

Short-eared Owl -- Brachyote.

 

Long-eared Owl -- Otus.

 

Small tufted Owl -- Scops giu, Scop.

 

 

Picariae:

Woodpeckers, all sorts of -- Picus, Gecinus etc.

 

 

Syndactyles:

Common Roller -- Coracias garrula.

 

Bee-eater -- Merops.

 

 

Perching-birds:

Hoopoe -- Upupa epops.

 

Tree-creeper, Wall-creeper, Nuthatch -- Certhia, Tichodroma, Sitta.

 

Swift -- Cypselus.

 

Nightjar -- Caprimulgus.

 

Nightingale -- Luscinia.

 

Blue-throat -- Cyanecula.

 

Redstart -- Ruticilla.

 

Red-breast -- Rubecula.

 

Furze-chart, Wheatear -- Pratincola et Saxicola.

 

Accentor -- Accentor.

 

 

All sorts of Sylvinae:

Common Warbler -- Sylvia.

 

Lesser White-throat -- Curruca.

 

Common Tree-Warbler -- Hypolais.

 

Aquatic Warbler -- Acrocephalus.

 

Great Warbler -- Calamodyta.

 

Reed Warbler, Sedge Warbler, Grasshopper Warbler -- Locustella etc.

 

Fantail Warbler -- Cistiscola.

 

Willow Warbler -- Phylloscopus.

 

Gold-crested Wren, Wren -- Regulus, Troglodytes.

 

Titmice, all sorts of -- Parus, Panurus, Orites etc.

 

Flycatcher -- Muscicapa.

 

Swallows, all kinds of -- Hirundo, Chelidon, Cotyle.

 

Wagtails -- Motacilla, Budytes.

 

Pipits -- Anthus, Corydala.

 

Crassbill -- Loxia.

 

Bunting, Serin -- Citrinella et Serinus.

 

Goldfinch, Siskin -- Carduelis et Chrysomitris.

 

Starling, Rose-coloured Starling -- Sturnus et Pastor etc.

 

Waders:

 

White and black Storks -- Ciconia.

 

 

 

 

 

Schedule II

Noxious Birds.

 

Birds of prey.

Bearded Vulture -- Gypaetus barbatus.

 

Eagles, all kinds of -- Aquila, Nisaetus.

 

Sea Eagles, all sorts of -- Haliaetus.

 

Osprey -- Pandion haliaetus.

 

Kites, Blackshouldered Kites, Swallowtailed Kites, all sorts of -- Milvus, Elanus, Nauclerus.

 

Falcons, Gyr-falcons, Peregrine Falcons, Hobby, Merlin-Stone Falcon, all sorts of, except the Red-footed Kestrel, the Common and Lesser Kestrel -- Falco1

 

1 The three species excepted belong therefore to Schedule I. O.H.

 

Common Goose-Hawk -- Astur palumbarius.

 

Sparrow-Hawk -- Accipiter.

 

Harriers -- Circus.

 

 

Owls:

Eagle Owl -- Bubo Maximus Flem.

 

 

Perching-birds:

Raven -- Corvus corax.

 

Magpie -- Pica rustica Scop.

 

Common Jay -- Garrulus glandarius.

 

 

Herons:

Grey and Purple Herons -- Ardea.

 

Bittern -- Botaurus.

 

Night Heron -- Nycticorax.

 

 

Swimming-birds:

Pelican -- Pelecanus.

 

Cormorant -- Phalacrocorax, Graculus.

 

Smews -- Mergus.

 

Divers -- Colymbus.

 

Source: Herman, Otto. The International Convention for the Protection of Birds concluded in 1902; and Hungary. Historical Sketch. Written by Order of His Exc. Ignatius de Darányi, Hungarian Minister of Agriculture. Publication of the Royal Hungarian Minister of Agriculture. Budapest: Victor Hornyánszky, Court Printer, 1907, pp. 126-137.

 

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