CONVENTION ON NATURE PROTECTION
AND WILD LIFE PRESERVATION IN THE WESTERN HEMISPHERE (1940)
ENTERED INTO FORCE: 1 May 1942
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:
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.
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.
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.
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.
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.
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.
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:
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.