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Approved The Treaty Of Creation Of The "park Inter-Jurisdictional Marine Makenke" Signed Between The National State And The Province Of Santa Cruz.

Original Language Title: Apruébase el Tratado de Creación del “Parque Interjurisdiccional Marino Makenke” suscripto entre el Estado Nacional y la provincia de Santa Cruz.

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Law 26,817

I approved the Treaty of Creation of the "Makenke Marine Interjurisdictional Park" between the State and the province of Santa Cruz. Sanctioned: November 28, 2012 Enacted: December 13, 2012

The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc., are sanctioned by law:

ARTICLE 1 °-Approve the TREATY OF CREATION OF THE "MARINE INTERJURISDICTIONAL PARK MAKENKE" signed on September 17, 2010 between the NATIONAL STATE and the province of SANTA CRUZ, which as an Annex forms an integral part of this law.


TREATY ESTABLISHING THE "MEKENKE MARINE INTERJURISDICTIONAL PARK" in the City of Pto. San Julián, 17 days of the month of September 2010, between the National State, represented in an act by the President of the Honorable Directory of the ADMINISTRATION OF NATIONAL PARKS, Dr. Patricia Alejandra GANDINI, hereinafter the NATION and the Province of Santa Cruz, represented in this act by the Governor of the Province of Santa Cruz, don Daniel Roman PERALTA, henceforth "the province," agree the present treaty of creation of the MEKENKE MARINE INTERJURISDICTIONAL PARK, founded in the following RECITALS: That Article 41 of the National Constitution guarantees to all inhabitants the right to a healthy, balanced environment, suitable for human development and for the productive activities meet the needs present without compromising those of the future generations; coincident with article 73 of the Constitution of the Province of Santa Cruz. These constitutional norms impose on their respective authorities the obligation to protect this right, as well as to verify the rational use of natural resources and the preservation of both natural and natural heritage. cultural and biological diversity. That Articles 124 of the National Constitution and 52 of the Provincial Constitution recognize the rule of origin of the Province of Santa Cruz from the natural resources existing within the territory

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provincial. That under these premises the Province of Santa Cruz and the Argentine Nation consider to be of great interest the creation of an interjurisdictional 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, administrative and management guidelines coordinated between the two jurisdictions attentive to the richness and environmental diversity presented by the coastal/maritime environment. The province of the province and the importance of this 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 reach the necessary representativeness of all the eco-regions of the country in percentages (a) the area in line with the conservation of biodiversity. That each of the jurisdictions that participate in the signing of the present, in full exercise of their constitutional powers, have developed valid and effective conservation schemes. That the NATION and the province have full certainty that only through a permanent cooperation and concerted policies between the different jurisdictions and sectors, both public and private, can be exercised the effective defense of the natural spaces. That consequently and making use of the powers that constitutionally compete, the NATION and the province agree to celebrate the present treaty of creation of the Marine Interjurisdictional Park Makenke, under the following clauses and Conditions: FIRST: Create the "Makenke Marine Interjurisdictional Park", as a space for conservation, management and rational use of marine and terrestrial species and their respective habitats, submitted to the joint management of the National Parks and the Province of Santa Cruz. SECOND: The Makenke Marine Interjurisdictional Park will cover the sea surface, (including the seabed and marine subsoil) of the area within the following limits: The Mine: 49º 8 '30' 'S 67º 37' 00 ''; Northeast Limit: 49º 9 '31.4' ' S 67 ° 33 '39.8' 'W; Punta Northwest Bahia San Julian: 49º 14 '36.89' 'S 67 ° 40 '1' 'W Punta Norte Peninsula San Julian: 49 ° 14 '58.32' 'W 67º 36 '52.15' 'W; Centre-East Limit: 49º 15 '3.89' 'S 67º 32 '52.12' 'W; Centre-East Limit 2: 49 ° 26 '27.82' 'S 67 ° 31 '9,27' 'W; Limit South Makenke: 49th 51 '54.05' 'S 67º 47 '1.83' 'W; Southern Limit East: 49 ° 52 '8.09' 'S 67th 37 ' 31.14 ' 'W. THIRD: They are general objectives of the Marine Interjurisdictional Park Makenke: 1) To maintain representative samples of the marine ecosystem that ensure the continuity of the natural processes. 2) Protect the landscape, natural and cultural heritage. 3) To promote and facilitate environmental research and monitoring, as main associated management activities. 4) Promote sustainable activities, compatible with the conservation of the area. 5) Concierge on the importance of the conservation of the area to the users of the protected natural area and the inhabitants of the region, through the interpretation and environmental 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 existing natural resources in the Interjurisdictional Area, whether migratory or non-migratory, 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 Administration of National Parks, 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 of the activities to develop within the Marine Makenke Marine Park, contemplating the management plan and conservation, prohibited and permitted uses, and in general, anything that is necessary for a

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effective administration and conservation of the area in a whole. QUINTA: All instruments that compose 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 Governor of the Province de Santa Cruz. The management plans that both parties have been applying in their respective jurisdictions will be taken as a model for their elaboration, as soon as they are relevant to the space occupied by the park that is created by the present. SIXTH: The area provided for in the FOURTH clause of the present, as well as the actions of the different repartitions in the exercise of the privileges that are recognized by the present 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 enforcement authority. Nor shall it imply the assignment of dominion, or of jurisdiction, nor of the police power and oversight of either party with respect to the other. SEVENTH: The members of the Executive Committee of Management may conclude agreements that are complementary to the present, which are conducive to the fulfillment of the stated objectives. These agreements must 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. EIGHTH: The Executive Board of Management will have an Advisory Council composed of representatives of the rural landowners where the Park is based: the residents of the Park; non-governmental environmental organizations; Related scientific and municipal scientists with interference in the operation of the Park. The integration and functioning of the Advisory Board will be determined by the Executive Management Commission. NINTH: The funds necessary for the maintenance, development and pursuit of the objectives of the creation of the Park will be cost equally by the Nation and the Province, without prejudice to the resources that the park itself could generate. DECMA: National Law No 22.351 shall apply to the functions and activities that the Administration of National Parks complies with in the areas covered by this Convention in all matters compatible with this Treaty. Interjurisdictional. The application in the field of the Makenke Marine Interjurisdictional Park of Articles 2 °, 3 °, 4, 5 ° and 19 ° of the National Law No 22,351 was expressly excepted. The Provincial Law No. 786 will be applicable to the functions and activities that the Province of Santa Cruz complies with in the areas covered by this Treaty in all matters that are compatible with it. FIRST: The signatory parties agree to refer to the Park as created by Article 1 of this Treaty, "MARINE INTERJURISDICTIONAL PARK MAKENKE". TENTH SECOND: This Treaty shall enter into force once approved by the respective national and provincial legislative powers. Two copies of the same tenor and one effect are signed at the place and date indicated in the header.

Date of publication: 14/12/2012

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