国际鸟类保护巴黎公约(1950)
发布时间:2013年01月16日 来源: 浏览量:589

 

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.

 

来源:http://sedac.ciesin.columbia.edu/entri/texts/protection.of.birds.1950.html

Copyright © 2019 中南财经政法大学环境资源法研究所     地址:湖北省武汉市东湖高新技术开发区南湖大道182号 邮编:430073
技术支持:京伦科技