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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TREATED treated Law 26.817 approve is the Treaty of creation of the "Park inter-jurisdictional marine Makenke" signed between the State national and the province of Santa Cruz. Sanctioned: 28 November 2012 promulgated: 13 December 2012 the Senate and Chamber of deputies of the Argentina nation gathered in Congress, etc. they attest to the force of law: article 1 ° - approved the Treaty of creation of the "Park inter-jurisdictional marine MAKENKE" signed on September 17, 2010 between the national State and the province of SANTA CRUZ, forming an integral part of this law as an annex.
Treaty of creation of the "Park inter-jurisdictional marine MEKENKE" in the city of Pto. San Julian, to the 17 days of the month September 2010 year, between the national State, represented in the Act by the Ms. President of the Honorable Board of the national parks administration, Dr. Patricia Alejandra GANDINI, on the nation and the province of Santa Cruz, hereby represented by Mr. Governor of the Provincia of Santa Cruz, don Daniel Román PERALTA , in later "province", agree to the present Treaty of creation of the "Park inter-jurisdictional marine MEKENKE" founded in the following recitals: that article 41 of the Constitution guarantees everyone the right to a healthy, balanced, suitable for human development and for productive activities meet the present needs without compromising those of future generations; " consistent with article 73 of the Constitution of the province of Santa Cruz. These constitutional standards imposed on their respective authorities the obligation to protect that right, as well as the verify the rational use of natural resources and the preservation of natural heritage and the cultural and biological diversity. That the 124 articles of the Constitution and the Provincial Constitution 52 recognize the domain originating from the province of Santa Cruz of the existing natural resources within the territory provincial Under these assumptions the province of Santa Cruz and the Argentina nation consider highly interesting creating an inter-jurisdictional area for the management of natural resources in the territorial sea. That the creation of the marine park of inter-jurisdictional should be performed under legal guidelines, coordinated between both jurisdictions to wealth and environmental diversity that presents the provincial coastal and marine environment and the importance that owns this area for the development of the provincial tourism administration and management. The creation of the marine Makenke inter-jurisdictional Park is a central goal for the national State in this first decade of the new millennium, in order to reach the necessary representativity of all the eco-regions of the country in percentage of surface cover chords for the conservation of biodiversity. Each of the jurisdictions that attend the signing of the present, in full exercise of its constitutional powers, valid and effective conservation schemes have been developed. The nation and the province are confident that only through a permanent cooperation and policies between different jurisdictions and sectors, both public and private, the effective defense of wilderness can be exercised. That in consequence and making use of the powers that are constitutionally concern them, the nation and the province agree to conclude the present Treaty of creation of the marine Makenke inter-jurisdictional Park, under the following terms and conditions: first: create the "Park inter-jurisdictional marine Makenke", as a space of conservation, management 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. Second: Park inter-jurisdictional marine Makenke will cover the maritime surface, (including bedding and marine subsoil) of the area within the following limits: La Mina: 49 ° 8' 30 "S 67 ° 37' 00"; North-eastern limit: 49 ° 9' 31.4 "S 67 ° 33' 39.8" W; Bahia San Julian North-West point: 49 ° 14' 36,89 "S 67 ° 40' 1" W northern tip Peninsula San Julián: 49 ° 14' 58,32 '' W 67 ° 36' 52,15 "W; Limit Center-this: 49 ° 15' 3,89 "S 67 ° 32' 52,12 ' W; Limit the Centre - this 2:49 ° 26' 27.82 "S 67 ° 31' 9,27" W; Southern limit Makenke: 49 ° 51' 54,05 "S 67 ° 47' 1. 83" W; This southern boundary: 49 ° 52' 8,09 "S 67 ° 37' 31.14" W. Third: General objectives of the marine Makenke inter-jurisdictional Park are: 1) keep representative samples of the marine ecosystem that will ensure the continuity of natural processes. (2) protect the scenic, natural and cultural heritage. (3) promote and facilitate research and environmental monitoring, such as main associated management activities. (4) promote sustainable activities compatible with the conservation of the area. (5) raise awareness about the importance of the conservation of the area to the users of the protected area and the inhabitants of the region, through the interpretation and environmental education. (6) ensure public use of the areas, which contribute to the physical and spiritual well-being of visitors, while preserving the natural and cultural attributes for current and future generations. Fourth: Decisions concerning the management and conservation of the natural resources that exist in the inter-jurisdictional Area; they are migratory or non-migratory and while they are within the same, shall be adopted by a Management Executive Committee, which will be integrated with two (2) representatives of the national parks administration, one (1) of the province of Santa Cruz and one (1) of the municipality of Puerto San Julián, which will dictate the regulation of each one of the activities to be developed within the Park lnterjurisdiccional marine Makenke , contemplating the plan of management and conservation, uses forbidden and permitted, and in general, everything that is necessary for an effective management and conservation of the area into a whole. Fifth: All instruments that make up the regulation must be approved, as a necessary condition for its validity and effect, by the Honorable directory of the administration of national parks and Mr. Gobernador of the Provincia of Santa Cruz. Is taken as model for its elaboration them plans of management that both parts come applying in their respective jurisdictions, as soon as these are relevant to the space occupied by the park that is creates by means of the present. Sixth: The area referred to in the fourth of the present clause, as well as the actions of the various agencies in the exercise of its powers as the present Treaty defined to both jurisdictions, in any way may mean ignorance of rights, concessions or permissions regularly acquired by individuals prior to the signing of the present, their respective extensions and enforcement authority. It will not involve transfer domain, jurisdiction, or the power to police and control of any of the parties to the other. Seventh: The members of the Executive Committee of management may conclude agreements supplementary to the present, leading to the fulfilment of the objectives outlined. Such agreements must be approved, as a necessary condition for its validity and effect, by the Honorable directory of the administration of national parks and Mr. Gobernador of the Provincia of Santa Cruz. EIGHTH: The Executive Committee of management will have an Advisory Board composed of representatives of the owners of rural land where the park sits: the inhabitants of the same; non-governmental environmental organizations; related technical and scientific organizations and municipalities with interference in the operation of the Park. The integration and functioning of the Advisory Council shall be determined by the Executive Committee of management. NINTH: The funds necessary for the maintenance, development and pursuit of the objectives of creation of Park will be funded equally by the nation and the province, without prejudice to the resources that the Park would generate. Tenth: The national law No. 22.351 shall apply to functions and activities that comply with the management of national parks in the areas refers to which this Convention throughout as is compatible with the present Treaty inter-jurisdictional. Expressly exempt the application in the field of marine Makenke inter-jurisdictional Park of articles 2 °, 3 °, 4 °, 5 ° and 19° of the national law No. 22.351. The law Provincial No. 786 applies to functions and activities that meet the province of Santa Cruz in the areas covered by that this addressed in as much as is compatible with the same. TEN first: The parties agree to call the Park created by the first article of the present Treaty, "Marine MAKENKE inter-jurisdictional Park". TEN second: The present Treaty shall enter into force once approved by the respective national and provincial legislative powers. In the place and date indicated in the header are signed two (2) copies of a same tenor and a single effect.

Date of publication: 14/12/2012