Convention of Migratory Species Act

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Migratory Wild Animals Act
CHAPTER 12.05
CONVENTION OF MIGRATORY SPECIES
OF WILD ANIMALS ACT
ARRANGEMENT OF SECTIONS

SECTION
1. Short title
2. Interpretation
3. Acceptance of Convention
4. Orders to implement Convention
SCHEDULE: Convention on the Conservation of Migratory Species of
Wild Animals
__________

CHAPTER 12.05
CONVENTION OF MIGRATORY SPECIES
OF WILD ANIMALS ACT
(Act 2 of 1985, S.R.O. 40/1998 and Act 9 of 2011)
AN ACT TO PROVIDE FOR THE IMPLEMENTATION IN MONTSERRAT OF THE
CONVENTION ON THE CONSERVATION OF MIGRATORY SPECIES OF WILD
ANIMALS.
Commencement
[31 May 1985]
Short title
1. This Act may be cited as the Convention of Migratory Species of Wild Animals Act.
Interpretation
2. In this Act—
“Convention” means the “Convention on the Conservation of Migratory Species of Wild Animals”, the text of which is set out in the Schedule hereto.

Acceptance of Convention
3. Acceptance of the Convention by the Government is hereby approved.
Orders to implement Convention
4. The Governor acting on the advice of Cabinet may make any Order which he considers necessary for giving effect in Montserrat to any of the provisions of the Convention. (Amended by Act 9 of 2011)
____________
SCHEDULE
CONVENTION ON THE CONSERVATION
OF MIGRATORY SPECIES OF WILD ANIMALS

The Contracting Parties,
Recognizing that wild animals in their innumerable forms are an irreplaceable
part of the earth’s natural system which must be conserved for the good of mankind;
Aware that each generation of man hold the resources of the earth for future
generations and has an obligation to ensure that this legacy is conserved and, where
utilized, is used wisely;
Conscious of the ever-growing value of wild animals from environmental,
ecological, genetic, scientific, aesthetic, recreational, cultural, educational, social and
economic points of view;
Concerned particularly with those species of wild animals that migrate across
or outside national jurisdictional boundaries;
Recognizing that the States are and must be the protectors of the migratory
species of wild animals that live within or pass through their national jurisdictional
boundaries;
Convinced that conservation and effective management of migratory species of
wild animals require the concerted action of all States within the national
jurisdictional boundaries of which such species spend any part of their life cycle;
Recalling Recommendation 32 of the Action Plan adopted by the United
Nations Conference on the Human Environment (Stockholm, 1972) and noted with
satisfaction by the twenty-seventh Session of the General Assembly of the United
Nations;
Have agreed as follows:

ARTICLE I
INTERPRETATION
1. For the purpose of this Convention:
(a) “Migratory species” means the entire population or any geographically separate part of the population of any species or lower
taxon of wild animals, a significant proportion of whose members
cyclically and predictably cross one or more national jurisdictional
boundaries;
(b) “Conservation status of a migratory species” means the sum of the influences acting on the migratory species that may affect its long-
term distribution and abundance;
(c) “Conservation status” will be taken as “favourable” when:
(1) Population dynamics data indicate that the migratory species is
maintaining itself on a long-term basis as a viable component of
its ecosystems;
(2) the range of the migratory species is neither currently being
reduced, nor is likely to be reduced, on a long-term basis;
(3) there is, and will be in the foreseeable future, sufficient habitat to
maintain the population of the migratory species on a long-term
basis; and
(4) the distribution and abundance of the migratory species approach
historic coverage and levels to the extent that potentially suitable
ecosystems exist and to the extent consistent with wise wildlife
management;
(d) “Conservation status” will be taken as “unfavourable” if any of the conditions set out in sub-paragraph (c) of this paragraph are not met;
(e) “Endangered”, in relation to a particular migratory species means that the migratory species is in danger of extinction throughout all or
a significant portion of its range;
(f) “Range” means all the areas of land or water that a migratory species inhabits, stays in temporarily, crosses or overflies at any time on its
normal migration route;
(g) “Habitat” means any area in the range of a migratory species which
contains suitable living conditions for that species;
(h) “Range State” in relation to a particular migratory species means any State (and where appropriate any other Party referred to under sub-
paragraph (k) of this paragraph) that exercises jurisdiction over any part of the range of that migratory species, or a State, flag vessels of
which are engaged outside national jurisdictional limits in taking that
migratory species;

(i) “Taking” means taking, hunting, fishing, capturing, harassing, deliberate killing, or attempting to engage in any such conduct;
(j) “Agreement” means an international agreement relating to the conservation of one or more migratory species as provided for in
Articles IV and V of this Convention; and
(k) “Party” means a State or any regional economic integration organization constituted by sovereign States which has competence in
respect of the negotiation, conclusion and application of international
agreements in matters covered by this Convention for which this
Convention is in force.
2. In matters within their competence, the regional economic integration
organizations which are Parties to this Convention shall in their own name exercise
the rights and fulfil the responsibilities which this Convention attributes to their
member States. In such cases the member States of these organizations shall not be
entitled to exercise such rights individually.
3. Where this Convention provides for a decision to be taken by either a two-
thirds majority or a unanimous decision of “the Parties present and voting” this
shall mean “the Parties present and casting an affirmative or negative vote”. Those
abstaining from voting shall not be counted amongst “the Parties present and voting”
in determining the majority.
ARTICLE II
FUNDAMENTAL PRINCIPLES
1. The Parties acknowledge the importance of migratory species being conserved
and of Range States agreeing to take action to this end whenever possible and
appropriate, paying special attention to migratory species the conservation status of
which is unfavourable, and taking individually or in co-operation appropriate and
necessary steps to conserve such species and their habitat.
2. The Parties acknowledge the need to take action to avoid any migratory
species becoming endangered.
3. In particular, the Parties:
(a) should promote, co-operate in our support research relating to migratory species;
(b) shall endeavour to provide immediate protection for migratory species included in Appendix I; and
(c) shall endeavour to conclude Agreements covering the conservation and management of migratory species included in Appendix II.



ARTICLE III
ENDANGERED MIGRATORY SPECIES: APPENDIX I
1. Appendix I shall list migratory species which are endangered.
2. A migratory species may be listed in Appendix I provided that reliable
evidence, including the best scientific evidence available, indicates that the species is
endangered.
3. A migratory species may be removed from Appendix I when the Conference
of the Parties determines that:
(a) reliable evidence, including the best scientific evidence available, indicates that the species is no longer endangered, and
(b) the species is not likely to become endangered again because of loss of protection due to its removal from Appendix I.
4. Parties that are Range States of a migratory species listed in Appendix I shall
endeavour:
(a) to conserve and, where feasible and appropriate, restore those habitats of the species which are of importance in removing the species from
danger of extinction;
(b) to prevent, remove, compensate for or minimize, as appropriate, the adverse effects of activities or obstacles that seriously impede or
prevent the migration of the species; and
(c) to the extent feasible and appropriate, to prevent, reduce or control
factors that are endangering or are likely to further endanger the
species, including strictly controlling the introduction of, or
controlling or eliminating, already introduced exotic species.
5. Parties that are Range States of a migratory species listed in Appendix I shall
prohibit the taking of animals belonging to such species. Exceptions may be made to
this prohibition only if:
(a) the taking is for scientific purposes;
(b) the taking is for the purpose of enhancing the propagation or survival of the affected species;
(c) the taking is to accommodate the needs of traditional subsistence users of such species; or
(d) extraordinary circumstances so require,
provided that, such exceptions are precise as to content and limited in space and time.
Such taking should not operate to the disadvantage of the species.
6. The Conference of the Parties may recommend to the Parties that are Range
States of a migratory species listed in Appendix I that they take further measures
considered appropriate to benefit the species.

7. The Parties shall as soon as possible inform the Secretariat of any exceptions
made pursuant to paragraph 5 of this Article.
ARTICLE IV
MIGRATORY SPECIES TO BE THE SUBJECT OF AGREEMENTS: APPENDIX II
1. Appendix II shall list migratory species which have an unfavourable
conservation status and which require international agreements for their conservation
and management, as well as those which have a conservation status which would
significantly benefit from the international co-operation that could be achieved by an
international agreement.
2. If the circumstances so warrant, a migratory species may be listed both in
Appendix I and Appendix II.
3. Parties that are Range States of migratory species listed in Appendix II shall
endeavour to conclude Agreements where these would benefit the species and should
give priority to those species in an unfavourable conservation status.
4. Parties are encouraged to take action with a view to concluding agreements for
any population or any geographically separate part of the population of any species or
lower taxon of wild animals, members of which periodically cross one or more
national jurisdictional boundaries.
5. The Secretariat shall be provided with a copy of each Agreement concluded
pursuant to the provision of this Article.
ARTICLE V
GUIDELINES FOR AGREEMENTS
1. The object of each Agreement shall be to restore the migratory species
concerned to a favourable conservation status or to maintain it in such a status. Each
Agreement should deal with those aspects of the conservation and management of the
migratory species concerned which serve to achieve that object.
2. Each Agreement should cover the whole of the range of the migratory species
concerned and should be open to accession by all Range States of that species,
whether or not they are Parties to this Convention.
3. An Agreement should, wherever possible, deal with more than one migratory
species.
4. Each Agreement should:
(a) identify the migratory species covered;
(b) describe the range and migration route of the migratory species;
(c) provide for each Party to designate its national authority concerned with the implementation of the Agreement;

(d) establish, if necessary, appropriate machinery to assist in carrying out the aims of the Agreement, to monitor its effectiveness, and to
prepare reports for the Conference of the Parties;
(e) provide for procedures for the settlement of disputes between Parties to the Agreement; and
(f) at a minimum, prohibit, in relation to a migratory species of the Order Cetacea, any taking that is not permitted for that migratory species
under any other multilateral agreement and provide for accession to
the Agreement by States that are not Range States of that migratory
species.
5. Where appropriate and feasible, each Agreement should provide for, but not be
limited to:
(a) periodic review of the conservation status of the migratory species concerned and the identification of the factors which may be harmful
to that status;
(b) co-ordinated conservation and management plans;
(c) research into the ecology and population dynamics of the migratory species concerned, with special regard to migration;
(d) the exchange of information on the migratory species concerned, special regard being paid to the exchange of the results of research
and of relevant statistics;
(e) conservation and, where required and feasible, restoration of the
habitats of importance in maintaining a favourable conservation
status, and protection of such habitats from disturbances, including
strict control of the introduction of, or control of already introduced,
exotic species detrimental to the migratory species;
(f) maintenance of a network of suitable habitats appropriately disposed in relation to the migration routes;
(g) where it appears desirable, the provision of new habitats favourable to the migratory species or reintroduction of the migratory species into
favourable habitats;
(h) elimination of, to the maximum extent possible, or compensation for activities and obstacles which hinder or impede migration;
(i) prevention, reduction or control of the release into the habitat of the
migratory species of substances harmful to that migratory species;
(j) measures based on sound ecological principles to control and manage the taking of the migratory species;
(k) procedures for co-ordinating action to suppress illegal taking;
(l) exchange of information on substantial threats to the migratory species;

(m) emergency procedures whereby conservation action would be considerably and rapidly strengthened when the conservation status of
the migratory species is seriously affected; and
(n) making the general public aware of the contents and aims of the Agreement.

ARTICLE VI
RANGE STATES
1. A list of the Range States of migratory species listed in Appendices I and II
shall be kept up to date by the Secretariat using information it has received from the
Parties.
2. The Parties shall keep the Secretariat informed in regard to which of the
migratory species listed in Appendices I and II they consider themselves to be Range
States, including provision of information on their flag vessels engaged outside
national jurisdictional limits in taking the migratory species concerned and, where
possible, future plans in respect of such taking.
3. The Parties which are Range States for migratory species listed in Appendix I
or Appendix II should inform the Conference of the Parties through the Secretariat, at
least six months prior to each ordinary meeting of the Conference, on measures that
they are taking to implement the provisions of this Convention for these species.
ARTICLE VII
THE CONFERENCE OF THE PARTIES
1. The Conference of the Parties shall be the decision-making organ of this
Convention.
2. The Secretariat shall call a meeting of the Conference of the Parties not later
than two years after the entry into force of this Convention.
3. Thereafter the Secretariat shall convene ordinary meetings of the Conference
of the Parties at intervals of not more than three years, unless the Conference decides
otherwise, and extra-ordinary meetings at any time on the written request of at least
one-third of the Parties.
4. The Conference of the Parties shall establish and keep under review the
financial regulations of this Convention. The Conference of the Parties shall, at each
of its ordinary meetings, adopt the budget for the next financial period. Each Party
shall contribute to this budget according to a scale to be agreed upon by the
Conference. Financial regulations, including the provisions on the budget and the scale of contributions as well as their modifications, shall be adopted by unanimous
vote of the Parties present and voting.

5. At each of its meetings the Conference of the Parties shall review the
implementation of this Convention and may in particular:
(a) review and assess the conservation status of migratory species;
(b) review the progress made toward the conservation of migratory species, especially those listed in Appendices I and II;
(c) make such provision and provide such guidance as may be necessary to enable the Scientific Council and the Secretariat to carry out their
duties;
(d) receive and consider any reports presented by the Scientific Council, the Secretariat, any Party or any standing body established pursuant to
an Agreement;
(e) make recommendations to the Parties for improving the conservation status of migratory species and review the progress being made under
Agreements;
(f) in those cases where an Agreement has not been concluded, make recommendations for the convening of meetings of the Parties that are
Range States of a migratory species or group of migratory species to
discuss measures to improve the conservation status of the species;
(g) make recommendations to the Parties for improving the effectiveness of this Convention; and
(h) decide on any additional measure that should be taken to implement the objects of this Convention.
6. Each meeting of the Conference of the Parties should determine the time and
venue of the next meeting.
7. Any meeting of the Conference of the Parties shall determine and adopt rules
of procedure for that meeting. Decisions at a meeting of the Conference of the Parties
shall require a two-thirds majority of the Parties present and voting, except where
otherwise provided for by this Convention.
8. The United Nations, its Specialized Agencies, the International Atomic Energy
Agency, as well as any State not a party to this Convention and, for each Agreement,
the body designated by the parties to that Agreement, may be represented by observers
at meetings of the Conference of the Parties.
9. Any agency or body technically qualified in protection, conservation and
management of migratory species, in the following categories, which has informed the
Secretariat of its desire to be represented at meetings of the Conference of the Parties
by observers, shall be admitted unless at least one-third of the Parties present object:
(a) international agencies or bodies, either governmental or non- governmental, and national governmental agencies and bodies; and
(b) national non-governmental agencies or bodies which have been approved for this purpose by the State in which they are located.

Once admitted, these observers shall have the right to participate but not to vote.
ARTICLE VIII
THE SCIENTIFIC COUNCIL
1. At its first meeting, the Conference of the Parties shall establish a Scientific
Council to provide advice on scientific matters.
2. Any Party may appoint a qualified expert as a member of the Scientific
Council, in addition, the Scientific Council shall include as members qualified experts
selected and appointed by the Conference of the Parties; the number of these experts,
the criteria for their selection and the terms of their appointments shall be as
determined by the Conference of the Parties.
3. The Scientific Council shall meet at the request of the Secretariat as required
by the Conference of the Parties.
4. Subject to the approval of the Conference of the Parties, the Scientific Council
shall establish its own rules of procedure.
5. The Conference of the Parties shall determine the functions of the Scientific
Council, which may include:
(a) providing scientific advice to the Conference of the Parties, to the Secretariat, and, if approved by the Conference of the Parties, to any
body set up under this Convention or an Agreement or to any Party;
(b) recommending research and the co-ordination of research on
migratory species, evaluating the results of such research in order to
ascertain the conservation status of migratory species and reporting to
the Conference of the Parties on such status and measures for its
improvement;
(c) making recommendations to the Conference of the Parties as to the migratory species to be included in Appendices I and II, together with
an indication of the range of such migratory species;
(d) making recommendations to the Conference of the Parties as to specific conservation and management measures to be included in
Agreements on migratory species; and
(e) recommending to the Conference of the Parties solutions to problems
relating to the scientific aspects of the implementation of this
Convention, in particular with regard to the habitats of migratory
species.


ARTICLE IX
THE SECRETARIAT
1. For the purposes of this Convention a Secretariat shall be established.
2. Upon entry into force of this Convention, the Secretariat is provided by the
Executive Director of the United Nations Environment Programme. To the extent and
in the manner he considers appropriate, he may be assisted by suitable
intergovernmental, or non-governmental, international or national agencies and bodies
technically qualified in protection, conservation and management of wild animals.
3. If the United Nations Environment Programme is no longer able to provide the
Secretariat, the Conference of the Parties shall make alternative arrangements for the
Secretariat.
4. The functions of the Secretariat shall be:
(a) to arrange for and service meetings:
(i) of the Conference of the Parties, and
(ii) of the Scientific Council;
(b) to maintain liaison with and promote liaison between the Parties, the standing bodies set up under Agreements and other international
organizations concerned with migratory species;
(c) to obtain from any appropriate source reports and other information which will further the objectives and implementation of this
Convention and to arrange for the appropriate dissemination of such
information;
(d) to invite the attention of the Conference of the Parties to any matter pertaining to the objectives of this Convention;
(e) to prepare for the Conference of the Parties reports on the work of the Secretariat and on the implementation of this Convention;
(f) to maintain and publish a list of Range States of all migratory species included in Appendices I and II;
(g) to promote, under the direction of the Conference of the Parties, the conclusion of Agreements;
(h) to maintain and make available to the Parties a list of Agreements and, if so required by the Conference of the Parties, to provide any
information on such Agreements;
(i) to maintain and publish a list of the recommendations made by the Conference of the Parties pursuant to sub-paragraphs (e), (f) and (g) of paragraph 5 of Article VII or of decisions made pursuant to sub- paragraph (h) of that paragraph;
(j) to provide for the general public information concerning this Convention and its objectives; and

(k) to perform any other function entrusted to it under this Convention or by the Conference of the Parties.

ARTICLE X
AMENDMENT OF THE CONVENTION
1. This Convention may be amended at any ordinary or extraordinary meeting of
the Conference of the Parties.
2. Proposals for amendment may be made by any Party.
3. The text of any proposed amendments and the reasons for it shall be
communicated to the Secretariat at least 150 days before the meeting at which it is to
be considered and shall promptly be communicated by the Secretariat to all Parties.
Any comments on the text by the Parties shall be communicated to the Secretariat not
less than sixty days before the meeting begins. The Secretariat shall, immediately after
the last day for submission of comments, communicate to the Parties all comments
submitted by that day.
4. Amendments shall be adopted by a two-thirds majority of Parties present and
voting.
5. An amendment adopted shall enter into force for all Parties which have
accepted it on the first day of the third month following the date on which two-thirds
of the Parties have deposited an instrument of acceptance with the Depositary.
For each Party which deposits an instrument of acceptance after the date on which
two-thirds of the Parties have deposited an instrument of acceptance, the amendment
shall enter into force for that Party on the first day of the third month following the
deposit of its instrument of acceptance.
ARTICLE XI
AMENDMENT OF THE APPENDICES
1. Appendices I and II may be amended at any ordinary or extraordinary meeting
of the Conference of the Parties.
2. Proposals for amendment may be made by any Party.
3. The text of any proposed amendment and the reasons for it, based on the best
scientific evidence available, shall be communicated to the Secretariat at least 150
days before the meeting at which it is to be considered and shall promptly be
communicated by the Secretariat to all Parties. Any comments on the text by the
Parties shall be communicated to the Secretariat not less than 60 days before the meeting begins. The Secretariat shall, immediately after the last day for submission of
comments, communicate to the Parties all comments submitted by that day.
4. Amendments shall be adopted by a two-thirds majority of Parties present and
voting.

5. An amendment to the Appendices shall enter into force for all Parties 90 days
after the meeting of the Conference of the Parties at which it was adopted, except for
those Parties which make a reservation in accordance with paragraph 6 of this Article.
6. During the period of 90 days provided for in paragraph 5 of this Article, any
Party may by notification in writing to the Depositary make a reservation with respect
to the amendment. A reservation to an amendment may be withdrawn by written
notification to the Depositary and thereupon the amendment shall enter into force for
that Party 90 days after the reservation is withdrawn.
ARTICLE XII
EFFECT ON INTERNATIONAL CONVENTIONS AND OTHER LEGISLATION
1. Nothing in this Convention shall prejudice the codification and development of
the law of the sea by the United Nations Conference on the Law of the Sea convened
pursuant to Resolution 2750 C (XXV) of the General Assembly of the United Nations
nor the present or future claims and legal views of any State concerning the law of the
sea and the nature and extent of coastal and flag State jurisdiction.
2. The provisions of this Convention shall in no way affect the rights or
obligations of any Party deriving from any existing treaty, convention or agreement.
3. The provisions of this Convention shall in no way affect the right of Parties to
adopt stricter domestic measures concerning the conservation of migratory species
listed in Appendices I and II or to adopt domestic measures concerning the
conservation of species not listed in Appendices I and II.
ARTICLE XIII
SETTLEMENT OF DISPUTES
1. Any dispute which may arise between two or more Parties with respect to the
interpretation or application of the provisions of this Convention shall be subject to
negotiation between the Parties involved in the dispute.
2. If the dispute cannot be resolved in accordance with paragraph 1 of this
Article, the Parties may, by mutual consent, submit the dispute to arbitration, in
particular that of the Permanent Court of Arbitration at The Hague, and the Parties
submitting the dispute shall be bound by the arbitral decision.
ARTICLE XIV
RESERVATIONS
1. The provisions of this Convention shall not be subject to general reservations.
Specific reservations may be entered in accordance with the provisions of this Article
and Article XI.

2. Any State or any regional economic integration organization may, on
depositing its instrument of ratification, acceptance, approval or accession, enter a
specific reservation with regard to the presence on either Appendix I or Appendix II or
both, of any migratory species and shall then not be regarded as a Party in regard to
the subject of that reservation until 90 days after the Depositary has transmitted to the
Parties notification that such reservation has been withdrawn.
ARTICLE XV
SIGNATURE
This Convention shall be open for signature at Bonn for all States and any regional
economic integration organization until the 22nd day of June, 1980.
ARTICLE XVI
RATIFICATION, ACCEPTANCE, APPROVAL
This Convention shall be subject to ratification, acceptance or approval.
Instruments of ratification, acceptance or approval shall be deposited with the
Government of the Federal Republic of Germany, which shall be the Depositary.
ARTICLE XVII
ACCESSION
After the 22nd day of June 1980 this Convention shall be open for accession by all
non-signatory States and any regional economic integration organization. Instruments
of accession shall be deposited with the Depositary.

ARTICLE XVIII
ENTRY INTO FORCE
1. This Convention shall enter into force on the first day of the third month
following the date of deposit of the fifteenth instrument of ratification, acceptance,
approval or accession with the Depositary.
2. For each State or each regional economic integration organization which
ratifies, accepts or approves this Convention or accedes thereto after the deposit of the
fifteenth instrument of ratification, acceptance, approval or accession, this Convention
shall enter into force on the first day of the third month following the deposit by such State or such organization of its instrument of ratification, acceptance, approval or
accession.


ARTICLE XIX
DENUNCIATION
Any Party may denounce this Convention by written notification to the Depositary
at any time. The denunciation shall take effect twelve months after the Depositary has
received the notification.
ARTICLE XX
DEPOSITARY
1. The original of this Convention, in the English, French, German, Russian and
Spanish languages, each version being equally authentic, shall be deposited with the
Depositary. The Depositary shall transmit certified copies of each of these versions to
all States and all regional economic integration organizations that have signed the
Convention or deposited instruments of accession to it.
2. The Depositary shall, after consultation with the Governments concerned,
prepare official versions of the text of this Convention in the Arabic and Chinese
languages.
3. The Depositary shall inform all signatory and acceding States and all signatory
and acceding regional economic integration organizations and the Secretariat of
signatures, deposit of instruments of ratification, acceptance, approval or accession,
entry into force of this Convention, amendments thereto, specific reservations and
notifications of denunciation.
4. As soon as this Convention enters into force, a certified copy thereof shall be
transmitted by the Depositary to the Secretariat of the United Nations for registration
and publication in accordance with Article 102 of the Charter of the United Nations.
In witness whereof the undersigned, being duly authorized to that effect, have
signed this Convention.
Done at Bonn on 23 June 1979.
The Convention was signed on 23 June 1979 by the following States:
Central African Empire
Chad
Denmark
Egypt, Arab Republic of
France
Germany, Federal Republic of
Greece
India
Italy
Ivory Coast

Madagascar
Morocco
Niger
Norway
Paraguay
Portugal
Somalia
Spain
Sri Lanka
Sweden
Togo
United Kingdom
__________
APPENDIX I
(Substituted by S.R.O. 40/1998)
INTERPRETATION
1. Migratory species included in this Appendix are referred to:
a) by the name of the species or subspecies; or
b) as being all of the migratory species included in a higher taxon or
designated part thereof.
2. Other references to taxon higher than species are for the purposes of information
or classification only.
3. The abbreviation “(s.1.)” is used to denote that the scientific name is used in its
extended meaning.
4. An asterisk (*) placed against the name of a species indicates that the species, or
a separate population of that species, or a higher taxon which includes that
species is included in Appendix II.

MAMMALIA
CHIROPTERA
Molossidae Tadarida brasiliensis
PRIMATES
Pongidae Gorilla gorilla beringei
CETACEA
Pontoporiidae Pontoporia blainvillei
Balaenopteridae Balaenoptera musculus

Megaptera novaeangliae
Balaenidae Balaena mysticeius
Eubalaena glacialis 1
Eubalaena australis
CARNIVORA
Mustelidae Lutrafelina
Lutra provocax
Felidae Panthera uncia
PINNIPEDIA
Phocidae Monachus monachus*
PERISSODACTYLA
Equidae Equus grevyi
ARTIODCTYLA
Camelidae Vicugna vicugna*(except Peruvian populations) 2
Cervidae Cervus elaphus barbarus
Hippocamelus bisulcus
Bovidae Bos sauveli
Bos grunniens
Addax nasomaculatus
Gazella cuvieri
Gazella dama
Gazella dorcas (only Northwest African Population)
Gazella leptoceros
Oryx dammah*


AVES
SPHENISCIFORMES
Spheniscidae Spheniscus humboldti
PROCELLARIIFORMES
Diomedeidae Diomedea albairus
Diomedea amsterdamensis
Procellariidae Pterodroma cahow
Pterodroma phaeopygia
PELECANIFORMES
Pelecanidae Pelecanus crispus*
Pelecanus onocrotalus* (only Palearctic populations)
CICONIIFORMES
Ardeidae Egretta eulophotes
Ciconiidae Ciconia boyciana
Threskiornithidae Geronticus eremita*
PHOENICOPTERIFORMES
Phoenicopteridae Phoenicoparrus andinus*
Phoenicoparrus jamesi*
ANSERIFORMES
Anatidae Anser erythropus*
Branta ruficollis*
Chloephaga rubialceps*
Marmaronetta angustirostris*
Aythya nyroca*
Polysticta stelleri*
Oxyura leucocephala*
FALCONIFORMES
Accipitridae Haliaeetus albicilla*
Haliaeetus pelagicus*
Aquila clanga*
Aquila heliaca*
Falconidae Falco naumanni*
GRUIFORMES
Gruidae Grus japonensis*
Grus leucogeranus*
Grus nigricollis*
Rallidae Sarothrura ayresi*
Chlamydotis undulata* (only Northwest African
populations) Otididae Otis tarda* (Middle-European population)
CHARADRIIFORMES
Charadriidae Chettusia gregaria*

Scolopacidae Numenius borealis*
Numenius tenuirostris*
Laridae Larus atlanticus*
Larus audouinii*
Larus leucophthalmus*
Larus relictus
Larus saundersi
Alcidae synthiiboramphus wumizusume
PASSERIFORMES
Hirundinidae Hirundo atrocaerulea*
Sulviidae Acrocephalus paludicola*
Parulidae Dendroica kirtlandii
Fringillidae Serinus syriacus
REPTILIA
TESTUDINATA
Cheloniidae Chelonia mydas*
Caretta caretta*
Eretmochelys imbricata*
Lepidochelys kempii*
Lepidochelys olivacae*
Dermochelyidae Dermochelys coriacea*
Pelomedusidae Podocnemis expansa* (only Upper Amazon
populations)
CROCODYLIA
Gavialidae Gavialis gangeticus
PISCES
SILURIFORMES
Schilbeidae Pangasianodon gigas 1 Formerly listed as Eubalaena glaciaiis (s.1.)
2 Formerly listed as Lama vicugna (except Peruvian populations)
___________

APPENDIX II
(Substituted by S.R.O. 40/1998)
INTERPRETATION
1. Migratory species included in this Appendix are referred to:
a) by the name of the species or subspecies; or

b) as being all of the migratory species included in a higher taxon or
designated part thereof.
Unless otherwise indicated, where reference is made to a taxon higher than
species, it is understood that all the migratory species within that taxon could
significantly benefit from the conclusion of AGREEMENTS.
2. The abbreviation “spp.” following the names of a Family or Genus is used to
denote all migratory species within that Family or Genus.
3. Other references to taxon higher than species are for the purposes of information
or classification only.
4. The abbreviation “(s.1.)” is used to indicate that the scientific name is used in its
extended meaning.
5. An asterisk (*) placed against the name of a species or higher taxon indicates
that the species, or a separate population of that species, or one or more species
included in that higher taxon is included in Appendix I.

MAMMALIA
CHIROPTERA
Rhinolophidae R. spp. (only European populations)
Vespertilionidae V. spp. (only European populations)
Molossidae Tadarida teniotis
CETACEA
Platanistidae Platanista gangetica
Pontoporiidae Pontoporia blainvillei*
Iniidae Inia geoffrensis
Monodontidae Delphinapterus leucas
Monodon monoceros
Phoconidae Phocoena phocoena (North and Baltic Sea,
western North Atlantic, and Black Sea
populations)
Phocoena spinipinnis
Phocoena aioptrica
Neophocaena phocaenoides
Phocoenoides dalli
Delphinidae Sousa chinensis
Sousa teuszii
Sotalia fluviatilis
Lagenorhynchus albirostris (only North and
Baltic Sea populations)
Lagenorhynchus acutus (only North and Baltic
Sea populations)
Lagenorhynchus obscurus
Lagenorhynchus australis

Grampus griseus (only North and Baltic Sea
populations)
Tursiops truncatus (North and Baltic Sea,
western Mediterranean, and Black Sea
populations)
Stenella attenuata (eastern tropical Pacific
population)
Stenella longirostris (eastern tropical Pacific
populations)
Stenella coeruleoalba (eastern tropical Pacific
and western Mediterranean populations)
Delphinus delphis (North and Baltic Sea,
western Mediterranean, Black Sea and eastern
tropical Pacific populations)
Orcaella brevirostris
Cephalorhynchus commersonii (South
American population)
Cephaloryhnchus eutropis
Cephaloryhnchus heavisidii
Orcirus orca (eastern North Atlantic and eastern
North Pacific populations)
Globicephala melas (only North and Baltic Sea
populations) 3
Zephiidae Beradius bairdii
Hyperoodon ampullatus
PINNIPEDIA
Phocidae Phoca vitulina (only Baltic and Waddell Sea
populations)
Halichoerus grypus (only Baltic Sea
populations)
Monachus monachus*
PROBOSCIDEA
Elephantidae Laxodonta africana
SIRENIA
Dugongidae Dugong dugon

ARTIODACTYLA
Camelidae Vicugna vicugna* 4
Bovidae Oryx dammah*
Gazella gazella (only Asian populations)
AVES
SPHENISCIFORMES
Spheniscidae Spheniscus demersus

GAVIIFORMES
Gavidae Gavia stellara (Western Palaerctic populations)
Gavia arctica arctica
Gavia arctica suschkini
Gavia immer immer (Northwest European
population)
Gavia adamsii (Western Palearctic population)
PODICIPEDIFORMES
Podicipedidae Podiceps grisegena grisegena
Podiceps auritus (Western Paleartic populations)
PROCELLARIIFORMES
Diomedeidae Diomedea exulans
Diomedea epomophora
Diomedea irrorata
Diomedea nigripes
Diomedea immutabilis
Diomedea melanophris
Diomedea bulleri
Diomedea cauta
Diomedea chlororynchos
Diomedea chrysostoma
Phoebetria fusca
Phoebetria palpebrata
PELECANIFORMES
Phalacrocoracidae Phlacrocorax nigrogularis
Phalacrocorax pygmaeus
Pelecanidae Pelecanus onocrotalus* (Western Paleartic
populations)
Pelecanus crispus*
CICONIIFORMES
Ardeidae Botaurus stellaris stellaris (Western Palearctic
populations)
Ixobrychus minutus minutus (Western
Palearctic populations)
Ixobrychus sturrmii
Ardeola rufiventris
Ardeola idae
Egretta vinaceigula
Casmerodius albus albus (Western Palearctic
populations)
Ardea purpurea purpurea (populations breeding in the Western Palearctic)
Ciconiidae Mycteria ibis
Ciconia nigra
Ciconia episcopus microscelis

Ciconia ciconia
Threskiornithidae Plegadis falcinellus
Geronticus eremita*
Thresklornis aethiopicus aethiopicus
Platalea alba (excluding Malagasy population)
Platalea leucorodia
Phoenicopteridae Ph. spp.*
ANSERIFORMES
Anatidae A. spp.*
FALCONIFORMES
Cathartidae C. spp.
Pandionidae Pandion haliaetus
Accipitridae A. spp.*
Falconidae F. spp.*
GALLIFORMES
Phasianidae Coturnix coturnix coturnix
GRUIFORMES
Rallidae Porzana porzana (populations breeding in the
Western Palearctic)
Porzana parva parva
Porzana pusilla intermedia
Fulica atra atra (Mediterranean and Black Sea
populations)
Aenigmatolimnas marginalis
Crex crex
Sarothrura boehmi
Sarothrura ayresi*
Gruidae Grus spp.*
Anthropoides virgo
Otididae Chlamydotis undulata* (only Asian population)
Otis tarda*
CHARADRIIFORMES
Recurvirostridae R. Spp.
Dromadidae Dromas ardeola
Burhinidae Burhinus oedicnemus
Glareolidae Glareola pratincola
Glareola nordmanni
Charadriidae C. spp.*
Scolopacidae S. spp.*
Phalaropodidae P. spp.
Laridae Larus hemprichii
Larus leucophthalmus*
Larus ichthyaetus (West Eurasian and African
population)

Larus melanocephalus
Larus genei
Larus audouinii*
Larus armenicus
Sternidae Sterna nilotica nilotica (West Eurasian and
African populations)
Sterna caspia (West Eurasian and African
populations)
Sterna maxima albidorsalis
Sterna bergii (African and Southwest Asian
populations)
Sterna bengalensis (African and Southwest
Asian populations)
Sterna sandvicensis sandvicensis
Sterna dougallii (Atlantic population)
Sterna hirundo hirundo (populations breeding in
the Western Palearctic)
Sterna paradisaea (Atlantic populations)
Sterna albifrons
Sterna saundersi
Sterna balaenarum
Sterna repressa
Chlidonias niger niger
Chlidonias leucopterus (West Eurasian and
African population)
PSITTACIFORMES
Psittacidae Amazona tucumana
CORACIIFORMES
Meropidae Merops apiaster
Coraciidae Coracias garrulus
PASSERIFORMES
Muscicapidae M. (s. l.) spp.
Hirundinidae Hirundo atrocaerulea*
Sylviidae Acrocephalus paludicola*
REPTILIA
TESTUDINATA
Cheloniidae C. spp.*
Dermochelyidae D. spp.*
Pelomedusidae Podocnemis expansa*
CROCODYLIA
Crocodylidae Crocodylus porosus


PISCES
ACIPENSERIFORMES
Acipenseridae Acipenser fulvescens
INSECTA
LEPIDOPTERA
Danaidae Danaus plexippus
3 Formerly listed as Globicephala melaena (only North and Baltic Sea populations
4 Formerly listed as Alama vicugna*
___________