Treaties Creation Of The Marine Interjurisdictional Park Coastal Patagonia Austral - Full Text Of The Norm

Original Language Title: TRATADOS CREACION DEL PARQUE INTERJURISDICCIONAL MARINO COSTERO PATAGONIA AUSTRAL - Texto completo de la norma

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TREATY Law 26.446 Approve the treaty establishing the Marine Coastal Coastal Interjurisdictional Park, signed on 8 August 2007 between the National State and the Province of Chubut. Sanctioned: December 3, 2008 Cast: January 5, 2009

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

ARTICLE 1 Approve the Treaty of the creation of the Marine Coastal Interjurisdictional Park Southern Patagonia signed on 8 August 2007 between the NATIONAL STATE and the Province of Chubut, which as an Annex is an integral part of this law.

ARTICLE 2 Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE THREE DAYS OF THE YEAR TWO MIL OCHO.

_

JULY C. C. COBOS . EDUARDO A. FELLNER. . Enrique Hidalgo. . Juan H. Estrada.

Annex

TREATY OF THE INTERJURISDICCIONAL PARK

MARINE COSTERO PATAGONIA AUSTRAL

In the Autonomous City of Buenos Aires, at 8 days of the month August of 2007, between the National State, represented in this act by Mr. President of the Argentine Nation, Dr. Néstor Carlos KIRCHNER, henceforth "the NATION", and the Province of Chubut, represented in this act by Mr. Governor of the Province of Chubut, don Mario DAS NEVES, henceforth "the PROVINCIA", agree to celebrate the present treaty of creation of the " INTERJURISDICCIONAL PARK MARINO COSTERO PATAGONIA AUSTRAL", founded in the following.

CONSIDERING:

That article 41 of the Constitution of the Argentine Nation 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 99 of the Constitution of the Province of Chubut;

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 Constitution of the Argentine Nation and 99 of the Provincial Constitution recognize the original domain of the Chubut Province of the natural resources existing within the provincial territory;

Under these premises, the NATION and PROVINCIA are of utmost interest to create an inter-jurisdictional space for the management of existing natural resources in the northern margin of the Gulf of San Jorge, attentive to the wealth and environmental diversity that this environment presents;

That the Creation of the Marine Coastal Interjurisdictional Park should be carried out under legal guidelines, of coordinated administration and management between the two jurisdictions attentive to the wealth and environmental diversity that presents the coastal/marine provincial environment and the importance that it possesses for the provincial fishing activity;

That the creation of the Marine Coastal Coastal Patagonia Austral lnterjurisdictional Park 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 according to the conservation of biodiversity;

That each of the jurisdictions involved in the signature of the present, 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, therefore, and making use of their constitutional powers, NATION and PROVINCIA agree to celebrate this lnterjurisdictional Treaty under the following terms and conditions:

FIRST: Create the Marine Coastal lnterjurisdictional Park Southern Patagonia, 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 Chubut Province.

SEGUNDA: The Marine Coastal lnterjurisdictional Park Patagonia Austral will cover the terrestrial, maritime surface (including seabed and subsoil) and aerial area within the following limits:

(a) The sea strip existing between the point formed by parallel 44° 54 ° of South Latitude and the highest tide line, and the point formed by the parallel 44° 54 ° of South Latitude and one (1) nautical mile measured from the highest tide line, continuing south by the highest tide line up to one (1) milla nautical of the coast, to the meridian 66° 43 °F. It also includes the marine area between the intersection of the following geographical points: 45° 06 South Latitude and one (1) nautical mile counted from the high tide line, 45° 06 South Latitude and 66° 00 West Length, 66° 00 West Length and one (1) nautical mile tied from the high tide line. It also includes islands covered and adjacent to the Park area previously delimited, including the Lions and Arce Islands, and one (1) nautical mile around them. b) The earth's surface will cover a strip of a thousand five hundred (1500) meters parallel to the coast, counted from the highest tide line, comprising the parallel 44° 54 ° of South Latitude to the meridian 66° 43 °F of Western Longitude.

THIRD: The general objectives of the Marine Coastal Interjurisdictional Park are:

(1) Maintain representative samples of land, coastal and marine ecosystems that ensure 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 compatible with the conservation of the park.

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

(6) Guarantee 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: For the purposes of the management of the Marine Coastal Interjurisdictional Park Patagonia Austral, please find the following areas:

1) Area under the responsibility of the National Parks Administration:

The sea strip existing between the point formed by the parallel 44° 54 ° of South Latitude and the highest tide line, and the point formed by the parallel 44° 54 ° of South Latitude and a nautical mile measured from the highest tide line.

Continuing to the South by the highest tide line up to a nautical mile of the coast, to the meridian 66 ° 43 ° of Western Length. It also includes islands covered and adjacent to the Park area previously delimited, including the Lions and Arce Islands, and a nautical mile around them.

2) Area under responsibility of the Province of Chubut: All areas not described in the previous section.

FIFTH: Decisions regarding the management of natural resources existing in the Area under the responsibility of the Province of Chubut, whether migratory or not, and as long as they are within it will be adopted by PROVINCIA through the unit that it determines, after communication to the NATION, except for reasons of urgency properly justified.

Decisions regarding the management of existing natural resources in the Area under the responsibility of the National Parks Administration, whether migratory or not, and as long as they are within it will be adopted by the NATION through the National Parks Administration, after communication to the PROVINCIA, except for reasons of urgency properly justified.

SEXTA: The delimitation provided for in the CUARTA clause of the present, as well as the action of the different divisions in the exercise of the powers recognized by this Treaty to each jurisdiction, in no way may 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: The execution of actions leading to the implementation of the objectives set out in the TERCERA clause of the present, shall be carried out by a Management Commission, which shall be composed of two (2) representatives and two (2) alternate representatives of the National Parks Administration, and two (2) incumbent representatives and two (2) alternate representatives representing the Province, one of them by the Provincial Fisheries Secretariat and another by the alternate unit to determine the respective PROVINCIA.

OCTAVA: The Management Commission may conclude supplementary agreements to the present, 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 National Parks Administration and by the Lord Governor of the Province of Chubut.

NOVENA: The Management Commission will develop, within the end of one (1) year of the entry into force of this Treaty, the regulation regarding each of the activities to be developed within the Marine Coastal Patagonia Austral Interjurisdictional Park. This regulation should include the management and conservation plan of the park, the operational plans and in general the prohibited and permitted uses. All instruments that make such regulations must be approved as a necessary condition for their validity and validity, by the Honorable Directory of the Administration of National Parks and by the Lord Governor of the Province of Chubut. 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 that is created through the present.

DECIMA: The Management Commission will have an Advisory Council composed of representatives of the rural land owners where the park is located; the inhabitants of the park; the owners of permits related to fishing activities (extraction of algae, guano, maricultors, artisanal and industrial fishermen, etc.); representatives of non-governmental organizations; the related technical-scientific organisms and the municipalities located within the area The integration and functioning of the Advisory Council will be determined by the Management Commission.

DECIMO FIRST: 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 could generate.

DECIMO SEGUNDA: The National Law No. 22,351 will apply to the functions and activities of the National Parks Administration in the Areas to which this Treaty refers, in any case it is compatible with it. Except expressly the application in the field of the Marine Coastal Interjurisdictional Park Southern Patagonia of Articles 2°, 3°, 4°, 5° and 19 of the National Law No. 22.351. Provincial Law No. 4617 shall apply to the functions and activities of the Province of Chubut in the areas to which this Treaty is concerned, in all that is consistent with it.

DECIMOTERCERA: The signatory parties agree to name the park that is created by the FIRST clause of this Treaty, " INTERJURISDICCIONAL PARK MARINE COSTERO PATAGONIA AUSTRAL".

DECIMOCUARTA: This Treaty will enter into force once approved by the Honorable Congress of the Argentine Nation and by the Honorable Legislature of the Province of Chubut.

Two (2) copies of the same tenor and one effect are signed at the location and date indicated in the header of the present.

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