2.1. Legal measures

2.1.1. Parties with populations listed in Column A of Table 1 shall provide protection to those populations listed in accordance with Article III, paragraph 2(a), of this Agreement. Such Parties shall in particular and subject to paragraph 2.1.3 below:

a) prohibit the taking of birds and eggs of those populations occurring in their territory;

b) prohibit deliberate disturbance in so far as such disturbance would be significant for the conservation of the population concerned; and

c) prohibit the possession or utilization of, and trade in, birds or eggs of those populations which have been taken in contravention of the prohibitions laid down pursuant to subparagraph (a) above, as well as the possession or utilization of, and trade in, any readily recognizable parts or derivatives of such birds and their eggs.

By way of exception for those populations listed in Categories 2 and 3 in Column A and which are marked by an asterisk, and those populations listed in Category 4 in Column A, hunting may continue on a sustainable use basis

1) “Sustainable use” means the use of components of biological diversity in a way and at a rate that does not lead to the long-term decline of biological diversity, thereby maintaining its potential to meet the needs and aspirations of present and future generations.

. This sustainable use shall be conducted within the framework of an international species action plan, through which Parties will endeavour to implement the principles of adaptive harvest management.

2) Adaptive harvest management is the periodic process of setting hunting regulations based on a system of population and habitat monitoring, havest-level recording, data analysis and defining regulatory options.

Such use shall, as a minimum, be subject to the same legal measures as the taking of birds from populations listed in Column B of Table 1, as required in paragraph 2.1.2 below.

2.1.2. Parties with populations listed in Table 1 shall regulate the taking of birds and eggs of all populations listed in Column B of Table 1. The object of such legal measures shall be to maintain or contribute to the restoration of those populations to a favourable conservation status and to ensure, on the basis of the best available knowledge of population dynamics, that any taking or other use is sustainable. Such legal measures, subject to paragraph 2.1.3 below, shall in particular:

a) prohibit the taking of birds belonging to the populations concerned during their various stages of reproduction and rearing and during their return to their breeding grounds if the taking has an unfavourable impact on the conservation status of the population concerned;

b) regulate the modes of taking, and in particular prohibit the use of all indiscriminate means of taking and the use of all means capable of causing mass destructions, as well as local disappearance of, or serious disturbance to, populations of a species, including:

– snares,

– limes,

– hooks,

– live birds which are blind or mutilated used as decoys,

– tape recorders and other electronic devices,

– electrocuting devices,

– artificial light sources,

– mirrors and other dazzling devices,

– devices for illuminating targets,

– sighting devices for night shooting comprising an electronic image magnifier or image converter,

– explosives,

– nets,

– traps,

– poison,

– poisoned or anesthetic baits,

– semi-automatic or automatic weapons with a magazine capable of holding more than two rounds of ammunition, hunting from aircraft, motor vehicles, or boats driven at a speed exceeding 5 km p/h (18 km p/h on the open sea).

Parties may grant exemptions from the prohibitions laid down in paragraph 2.1.2 (b) to accommodate use for livelihood purposes, where sustainable;

c) establish limits on taking, where appropriate, and provide adequate controls to ensure that these limits are observed; and

d) prohibit the possession or utilization of, and trade in, birds and eggs of the populations which have been taken in contravention of any prohibition laid down pursuant to the provisions of this paragraph, as well as the possession or utilization of, and trade in, any readily recognizable parts or derivatives of such birds and their eggs.

2.1.3. Parties may grant exemptions to the prohibitions laid down in paragraphs 2.1.1 and 2.1.2, irrespective of the provisions of Article III, paragraph 5, of the Convention, where there is no other satisfactory solution, for the following purposes:

a) to prevent serious damage to crops, water and fisheries;

b) in the interests of air safety, public health and public safety, or for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance to the environment;

c) for the purpose of research and education, of re-establishment and for the breeding necessary for these purposes;

d) to permit under strictly supervised conditions, on a selective basis and to a limited extent, the taking and keeping or other judicious use of certain birds in small numbers; and

e) for the purpose of enhancing the propagation or survival of the populations concerned.

Such exemptions shall be precise as to content and limited in space and time and shall not operate to the detriment of the populations listed in Table 1. Parties shall, as soon as possible, inform the Agreement secretariat of any exemptions granted pursuant to this provision.

2.2. Single Species Action Plans

2.2.1. Parties shall cooperate with a view to developing and implementing international single species action plans for populations listed in Category 1 of Column A of Table 1 as a priority and for those populations listed with an asterisk in Column A of Table 1. The Agreement secretariat shall coordinate the development, harmonization and implementation of such plans.

2.2.2. Parties shall prepare and implement national single species action plans for the populations listed in Column A of Table 1 with a view to improving their overall conservation status. This action plan shall include special provisions for those populations marked with an asterisk. When appropriate, the problem of accidental killing of birds by hunters as a result of incorrect identification of the species should be considered.

2.3. Emergency Measures

Parties shall, in close cooperation with each other whenever possible and relevant, develop and implement emergency measures for populations listed in Table 1, when exceptionally unfavourable or endangering conditions occur anywhere in the Agreement Area.

2.4. Re-establishments

Parties shall exercise the greatest care when re-establishing populations listed in Table 1 into parts of their traditional range where they no longer exist. They shall endeavour to develop and follow a detailed re-establishment plan based on appropriate scientific studies. Re-establishment plans should constitute an integral part of national and, where appropriate, international single species action plans. A re-establishment plan should include assessment of the impact on the environment and shall be made widely available. Parties shall inform the Agreement secretariat, in advance, of all re-establishment programme for populations listed in Table 1.

2.5. Introductions

2.5.1. Parties shall prohibit the introduction into the environment of non-native species of animals and plants which may be detrimental to the populations listed in Table 1.

2.5.2. Parties shall require the taking of appropriate precautions to avoid the accidental escape of captive animals belonging to non-native species, which may be detrimental to the populations listed in Table 1.

2.5.3. Parties shall take measures to the extent feasible and appropriate, including taking, to ensure that when non-native species or hybrids thereof have already been introduced into their territory, those species or their hybrids do not pose a potential hazard to the populations listed in Table 1.