Marine Interjurisdictional Park Makenke? - Full Text Of The Norm

Original Language Title: TRATADOS ?PARQUE INTERJURISDICCIONAL MARINO MAKENKE? - Texto completo de la norma

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TREATY

Law 26.817

Approve the Treaty of Creation of the “Marine Makenke 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 — Revise the CREATION TREATY of the "Inter-JURISDICCIONAL PARK MARINO MAKENKE" signed on 17 September 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.
DADA IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE DIASS OF THE MONTH OF NOVEMBER OF THE YEAR DOS MIL DOCE.

— REGISTRATION BAJO #26,817 —

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

MARINO MEKENKE INTERJURISDICCIONAL PARK

Pto City. San Julián, 17 days from the month of September 2010, between the National State, represented by Ms. President of the Honorable Directory of NATIONAL PARK ADMINISTRATION, Dr. Patricia Alejandra GANDINI, henceforth LA NATION and the Province of Santa Cruz, represented in this act by Mr. Governor of the Province of Santa Cruz, don Daniel Román PERALTA, henceforth “the PROVINCIA”, agree on the present treaty of creation of the “ INTERJURISDICCIONAL PARK MARINO MEKENKE” founded in the following

CONSIDERING:

That article 41 of the National Constitution guarantees to all inhabitants the right to a healthy, balanced, human-friendly environment and to ensure that productive activities meet the needs present 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 Province of Santa Cruz and the Argentine Nation consider of great interest the creation of an inter-jurisdictional space for the management of the natural resources existing in the territorial sea.

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

That the creation of the Marine Interjurisdictional Park Makenke is a central goal for the National State in this first decade of the new millennium, in order to cover the necessary representativeness of all the eco-regions of the country in proportions of surfaces that match the conservation of biodiversity.

That each of the jurisdictions involved in the signature of the present, in full exercise of its constitutional powers, have 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, therefore, and making use of their constitutional powers, the NATION and PROVINCIA agree to celebrate the present treaty establishing the Marine Makenke Interjurisdictional Park, under the following clauses and conditions:

FIRST: Create the “Marine Makenke Interjurisdictional Park”, 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 Parks Administration and the Province of Santa Cruz.

SEGUNDA: The Marine Interjurisdictional Park Makenke will cover the maritime surface (including the seabed and subsoil) of the area covered within the following limits: La Mina: 49o 8’ 30’’S 67o 37’ 00’; Northern Limit: 49o 9’ 31.4’S 67° 33’ 39.8’’’W; Punta Noroeste Bahía San Julián: 1’W Punta Norte Península San Julián: 49° 14’ 58,32’W 67o 36’ 52,15’W; Limit Center-East: 49° 15’ 3,89’S 67° 32’ 52,12’’W; Limit Center-East 2: 49° 26’ 27,82’S 67° 31’ 9,27’’W; 47°

THIRD: These are general objectives of Marine Interjurisdictional Park Makenke:

(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 users of the protected natural area and the inhabitants of the region, through environmental interpretation and education.

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

FOURTH: Decisions regarding the management and conservation of the natural resources existing in the Interjurisdictional Area; whether migratory or non-migration; and as long as they are within it, will be adopted by an Executive Committee of Management, which will be integrated with DOS (2) representatives of the National Parks Administration, UNO (1) of the Province of Santa Cruz and UNO (1) of the Municipality of Puerto San Julián, which will dictate the regulation of each one

FIFTH: 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 Mr. 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 development, as long as they are relevant to the space occupied by the park created through the present.

SEXTA: The area provided for in the CUARTA clause of the present, as well as the actions of the different divisions in the exercise of the powers recognized by this treaty to both jurisdictions, may in no way mean the lack of knowledge of rights, concessions or permits regularly acquired by individuals prior to the signature of the present, 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.

SEPTIMA: Members of the Executive Committee of Management may conclude supplementary agreements to the present, leading to the fulfilment of the stated objectives. Such agreements should be approved, as a necessary condition for their validity and validity, by the Honorable Directory of the National Parks Administration and by Mr. Governor of the Province of Santa Cruz.

OCTAVA: The Executive Committee of Manejo will have an Advisory Council composed of representatives of the rural land owners where the park is located: the inhabitants of the park; 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.

NOVENA: The funds necessary for the maintenance, development and continuation of the objectives of the creation of the Park will be cost by equal parts by the Nation and the Province, without prejudice to the resources that the park itself could generate.

DECIMA: National Law No. 22,351 shall apply to the functions and activities of the National Parks Administration in the areas covered by this agreement, insofar as it is compatible with this Interjurisdictional Treaty. The application of articles 2°, 3°, 4°, 5° and 19° of the National Law No. 22,351, in the area of the Marine Interjurisdictional Park. Provincial Law No. 786 shall apply to the functions and activities of the Province of Santa Cruz in the areas to which this Treaty is concerned, in all that is consistent with it.

DECIMO FIRST: The signatory parties agree to name the Park that is created by the First Article of this Treaty, "InterJURISDICCIONAL PARK MARINO MAKENKE".

SECOND DECISION: This Treaty shall enter into force once approved by the respective national and provincial legislatures.

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