International Convention for the Protection of Birds (18 Oct 1950) in United States

International Convention for the Protection of Birds (18 Oct 1950)

INTERNATIONAL CONVENTION FOR THE PROTECTION OF BIRDS
SIGNED AT PARIS, ON 18 OCTOBER 1950

Entry into Force: 17 Jan 1963

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, purchase, 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 unnecessary 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 of 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 to 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 measure 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 broods 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 is concluded for an indefinite period but any Contracting
Party may denounce it at any time, five years after its entry into force
as specified in this article. Such denunciation shall take effect one
year after the date of its notification to the Ministry of Foreign
Affairs of the French Republic.

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.

For Austria: A. Vollgruber

For Belgium: Guillaume

For Bulgaria: Ev. Kamenov

For Spain: Jos‚ Rojas y Moreno

For France: J. Serres

For Greece: R. Raphael

For the Principality of Monaco: M. Loze

For the Netherlands: for the Kingdom in Europe
W. v. Boetzelaer, 31 May 1954

For Portugal: Marcello Mathias

For Sweden: K. I. Westman

For Switzerland: Salis

For Turkey: M. Menemencioglu