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Marine Interjurisdictional Park Island Ping?Ino? - Full Text Of The Norm

Original Language Title: TRATADOS ?PARQUE INTERJURISDICCIONAL MARINO ISLA PING?INO? - Texto completo de la norma

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TREATY

Law 26,818

Approve the Treaty of Creation of the “Marine Penguin Island Interjurisdictional Park” signed between the National State and the province of Santa Cruz.

Sanctioned: November 28, 2012

Promulgated: December 13 of 2012

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:

ARTICLE 1 — Approve the “TRATADO DE CREACION del PARQUE INTERJURISDICCIONAL MARINO ISLA PINGÜINO” signed on 15 February 2010 between the NATIONAL STATE and the province of SANTA CRUZ, which as an Annex is an integral part of this law.

ARTICLE 2 — Contact the National Executive.
IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE DIASS OF THE MONTH OF NOVEMBRE DE DOS MIL DOCE.

— REGISTRATION BAJO #26,818 —

LOVE BOUDOU. - JULIAN A. DOMINGUEZ. - Gervasio Bozzano. — Juan H. Estrada.

TREATY OF THE INTERJURISDICCIONAL PARK MARINO ISLA PINGÜINO

In the Los Glaciares National Park, on the 15th day of the month of February of 2010, between the NATIONAL STATE, represented in this act by the President of the Argentine Nation, Dr. Cristina FERNANDEZ de KIRCHNER, henceforth “the NATION”, in the presence of the lady president of the Board of Directors of the ADMINISTRATION OF NALES, Dr. Patricia Alejandra GANDINI, and the Province of SANTA CRUZ, represented in this act by the Governor of the Province of SANTA CRUZ, Daniel Román PERALTA, henceforth “the PROVINCIA”, agree to celebrate the present treaty of creation of the “InterJURISDICCIONAL PARK MARINO ISLA PINGÜINO”, founded in the following:

CONSIDERING:

That Article 41 of the NATIONAL CONSTITUTION guarantees to all inhabitants the right to a healthy, balanced environment suitable for human development and for productive activities to meet the present needs without compromising those of future generations; consistent with Article 73 of the Constitution of the Province of SANTA CRUZ.

That these constitutional norms impose on their respective authorities the obligation to protect that right, as well as to verify the rational use of natural resources and the preservation of both natural and cultural heritage and biodiversity.

That Articles 124 of the NATIONAL CONSTITUTION and 52 of the Provincial Constitution recognize the original domain of the Province of SANTA CRUZ of the natural resources existing within the provincial territory.

That under these premises, the NATION and PROVINCIA consider of great interest the creation of an inter-jurisdictional space for the management of the natural resources existing in the territorial sea located between the west margin of the mouth of the Wished River to Laura Bay, attentive to the wealth and environmental diversity that presents this environment.

That the creation of the Marine Interjurisdictional Park should be carried out under legal, administration and management guidelines coordinated between the two jurisdictions, attentive to the wealth and environmental diversity presented by the provincial coastal/marítimo environment and the importance of the area for the development of the provincial tourist activity.

That the creation of the Marine Interjurisdictional Park Pingüino Island is a central goal for the NATION in this first decade of the new millennium, in order to cover the necessary representativeness of all the eco-regions of the country in percentages of surfaces that are commensurate with the conservation of biodiversity.

That each of the jurisdictions involved in the signature of this treaty, in full exercise of its constitutional powers, has developed valid and effective conservation schemes.

That NATION and PROVINCIA are fully confident that only through continued cooperation and concerted policies between different jurisdictions and sectors, both public and private, can the effective defence of natural spaces be exercised.

That the NATION and PROVINCIA therefore agree to celebrate this Interjurisdictional Treaty, under the following terms and conditions:

FIRST: Create the Marine Interjurisdictional Park Isla Pingüino, as a space for the conservation, administration and rational use of marine and terrestrial species and their respective habitats, subject to the joint management of the NATIONAL PARK ADMINISTRATION, autarchical organism operating in the field of the SECRETARIA DE TURISMO of the MINISTERIO DE INDUSTRIA And TURISMO, and the Province of SANTA CRUZ.

SEGUNDA: The Marine Interjurisdictional Park Isla Pingüino will cover the sea surface (including the seabed and subsoil) of the area covered within the following limits: a straight line ranging from 47 45 54 S and 65 52 36 W to 47 47 34 S and 65 37 16 W following towards the S the shape of the coastline with a width of DOCE (12) miles to the straight end of the park

THIRD: These are general objectives of the Marine Interjurisdictional Park Isla Pingüino:

(1) Maintain representative samples of the marine ecosystem that ensure the continuity of natural processes.

(2) Protect landscape, natural and cultural heritage.

3) To promote and facilitate environmental research and monitoring, such as major associated management activities.

4) Promote sustainable activities consistent with the conservation of the Area.

(5) To raise awareness of the importance of the conservation of the Area to its users and the inhabitants of the region, through environmental interpretation and education.

(6) Ensure the public use of the Park to contribute to the physical and spiritual well-being of visitors, preserving their natural and cultural attributes for current and future generations.

FOURTH: Decisions regarding the management and conservation of the natural resources existing in the Interjurisdictional Park, whether migratory or not, and while within, shall be taken jointly by both jurisdictions in accordance with the guidelines and procedures of the Executive Committee of Management.

FIFTH: The decisions of the Executive Committee on Management, as well as the actions of the various divisions in the exercise of the powers recognized by this Treaty to each jurisdiction, may in no way mean the lack of knowledge of rights, concessions or permits regularly acquired by individuals prior to the signing of this Treaty, their respective extensions and authority of application. Nor shall it involve cession of dominion, jurisdiction, or police and control of any of the parties over the other.

SEXTA: The implementation of actions leading to the implementation of the objectives set out in the THIRD Clause of this Treaty shall be carried out by an Executive Committee on Management, which shall be composed of DOS (2) incumbent representatives and UNO (1) alternate of the NATIONAL PARK ADMINISTRATION, and DOS (2) incumbent representatives and UNO (1) alternate of the unit to be determined by PROVINCIA.

SEPTIMA: The Executive Committee of Management may conclude agreements complementary to this treaty, leading to the fulfilment of the stated objectives. Such agreements shall be approved, as a necessary condition for their validity and validity, by the Honorable Directory of the ADMINISTRATION OF NATIONAL PARKS and by the Governor of the Province of SANTA CRUZ.

OCTAVA: The Executive Committee of Management shall, within ninety days of the promulgation of the law of creation, regulate each of the activities to be developed within the Marine Interjurisdictional Park Isla Pingüino. This regulation should include the management and conservation plan of the park, the prohibited and permitted uses and in general everything that is necessary for the effective management and conservation of the protected area. All instruments composing such regulations shall be approved, as a necessary condition for their validity and validity, by the Honorable Directory of the ADMINISTRATION OF NATIONAL PARKS and by the Governor of the Province of SANTA CRUZ. The management plans that both parties are applying in their respective jurisdictions will be taken as a model for their elaboration, as long as they are relevant to the space occupied by the Park that is created through this treaty.

NOVENA: The Executive Committee of Management will have an Advisory Council composed of representatives of rural land owners adjacent to the Park; the inhabitants of the same; non-governmental environmental organizations; related technical-scientific agencies and municipalities with interference in the operation of the Park. The integration and functioning of the Advisory Council will be determined by the Executive Management Commission.

DECIMA: The funds necessary for the maintenance, development and continuation of the objectives of creation of the Park will be cost by equal parts by the NATION and PROVINCIA, without prejudice to the resources that the Park itself can generate.

DECIMOPRIMERA: National Act No. 22,351 shall apply to the functions and activities of the NATIONAL PARK ADMINISTRATION in the area covered by this Treaty, insofar as it is compatible with it. Except for the application in the field of the Marine Interjurisdictional Park Pingüino Island of Articles 2°, 3°, 4°, 5° and 19 of the National Law No. 22.351. Provincial Law No. 786 shall apply to the functions and activities performed by the Province of SANTA CRUZ in the area to which the present treaty refers, in any case it is compatible with it.

DECIMOSEGUNDA: The signatory parties agree to name the park that is created by the FIRST clause of the present treaty, " INTERJURISDICCIONAL PARK MARINO ISLA PINGÜINO".

DECIMOTERCERA: This treaty shall enter into force once approved by the HONORABLE CONGRESS OF NATION and by the Legislature of the Province of SANTA CRUZ.

In the place and date indicated in the header of the present are signed DOS (2) copies of the same tenor and only one effect.