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

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

Read the untranslated law here: https://www.boletinoficial.gob.ar/#!DetalleNorma/10252502/20160703

TREATED treaties 26.818 law approved the Treaty of creation of the "Park inter-jurisdictional marine Penguin Island" signed between the national State 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 "Treaty of creation of the Park inter-jurisdictional marine Island Penguin" signed on 15 February 2010 between the national State and the province of SANTA CRUZ, forming an integral part of this law as an annex.
Article 2 ° - contact the national executive power. GIVEN IN THE CHAMBER OF THE CONGRESO ARGENTINO, BUENOS AIRES, TWENTY-EIGHT DAYS OF THE MONTH OF NOVEMBER OF TWO THOUSAND TWELVE. -REGISTERED UNDER NO. 26.818 - AMADO BOUDOU. -JULIAN A. DOMINGUEZ. -Gervasio Bozzano. -John H. Estrada.
TREATED of creation of the Park inter-jurisdictional marine Island Penguin in the Park national them glaciers, to them 15 days of the month of February of the year 2010, between the State national, represented in this Act by the lady President of the nation Argentina, doctor Cristina FERNANDEZ of KIRCHNER, in forward "the nation", in presence of the lady President of the directory of the administration of parks national , Dr. Patricia Alejandra GANDINI, and the province of SANTA CRUZ, represented herein by the Lord Governor of the province of SANTA CRUZ, D. Daniel Román PERALTA, hereinafter "the province", agree to conclude the present Treaty of creation of the "Park inter-jurisdictional marine Penguin Island", founded in the following: preamble: that article 41 of the Constitution guarantees everyone the right to a healthy environment balanced, suitable for human development and for productive activities meet the present needs without compromising those of future generations; coincident with the 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.
https://www.boletinoficial.gob.ar/pdf/linkQR/c0w5WldkV1BydkZycmZ0RFhoUThyQT09 than 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 provincial territory. That low such premises, the nation and the province considered of sumo interest it creation of a space inter-jurisdictional for the handling of them resources natural existing in the sea territorial located between it margin West of the mouth of the Ria desired until Bay Laura, attentive it wealth and diversity environmental that presents said environment. That the creation of the marine park of inter-jurisdictional should be performed under legal guidelines, coordinated between both jurisdictions, attentive to the richness and environmental diversity that presents the provincial coastal/marine environment and the importance that owns this area for the development of the provincial tourism administration and management. The creation of the Park inter-jurisdictional marine Penguin Island is a central goal for the nation 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 concur to the signature of the present Treaty, in full exercise of its constitutional powers, developed by valid and effective conservation schemes. 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 accordingly and making use of them powers that constitutionally les compete, the nation and the province agree in celebrate the present treated inter-jurisdictional, low them following clauses and conditions: first: create the Park inter-jurisdictional marine Island Penguin, as a space of conservation, administration and use rational of species marine and terrestrial and their respective habitat, subject to the management joint of it administration of parks national , self-sufficient agency acting in the field of the Ministry of tourism of the Ministry of industry and tourism, and the province of SANTA CRUZ. Second: The island Penguin marine inter-jurisdictional Park will cover maritime surface (including the bed and marine subsoil) area within the following limits: a straight line that goes from the 47 45 54 S and 65 52 36 W and S 34 47 47 65 37 16 W toward the S following the shape of the coastline with a width of twelve (12) miles to the w. , and as the Southwest limit of the Park from the so-called site tip Mercedes on the coast 48 25 S 66 29 21 W in a straight line towards West to the twelve (12) miles 48 25 16 S and 66 13 46 W. Third: General objectives of the marine inter-jurisdictional Park Island Penguin are as follows: 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 activities sustainable compatible with the conservation of the Area. (5) raise awareness about the importance of the conservation of the Area to the users of the same and the inhabitants of the region, through the interpretation and environmental education. (6) ensure public use of the Park to contribute to the physical well-being and spiritual of the visitors, while preserving their natural and cultural attributes for current and future generations. Fourth: The decisions concerning the management and conservation of the natural resources that exist in the inter-jurisdictional Park, are migratory or non-migratory and while they are within the same, shall be adopted jointly by both jurisdictions in accordance with the guidelines and procedures as https://www.boletinoficial.gob.ar/pdf/linkQR/c0w5WldkV1BydkZycmZ0RFhoUThyQT09

dictate the Management Executive Committee. Fifth: The decisions taken by the Executive Management Committee, as well as the actions of the different departments in the exercise of the powers that by the present Treaty recognized within each jurisdiction, in mode one can mean ignorance of rights, concessions or permissions regularly acquired by individuals prior to the signature of the present Treaty, 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. Sixth: The execution of actions leading to the fulfilment of the goals envisaged in the third clause of the present Treaty, will be in charge of an Executive Management Committee, which shall be composed of two (2) representatives of holders and one (1) alternate national parks administration, and holding two (2) representatives and one (1) alternate for dependence which in effect determined by the province. Seventh: The Executive Committee of management may conclude agreements complementary to the present Treaty, leading to the fulfilment of the objectives outlined. Such agreements must be approved, as condition required for its validity and force, by the Honorable directory of it administration of parks national and by the Mr Governor of the province of SANTA CRUZ. EIGHTH: The Executive Committee of management shall, within ninety days of enacted the law for the creation, regulation respect each one of the activities to be developed within the Park inter-jurisdictional marine Penguin Island. This regulation must contemplate the plan of management and conservation of this park, prohibited and permitted uses and in general everything that is necessary for effective management and conservation of the protected area. All them instruments that sampled such regulation must be approved, as condition necessary for its validity and force, by the Honorable directory of it administration of parks national and by the Lord Governor of the province of SANTA cross. They will be taken as a model for its elaboration, management plans that both parties are applying in their respective jurisdictions, insofar as these are relevant to the space occupied by the park that is created by the present Treaty. NINTH: the Commission Executive of management will be with a Council Advisor integrated by representatives of them owners of land rural adjacent to the Park; the inhabitants of the same; organizations environmental non-governmental; 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. Tenth: The funds necessary for the maintenance, development and pursuit of the objectives of creation of the Park will be paid equally by the nation and the province, without prejudice to the resources that the Park would generate. Eleventh: The national law No. 22.351 applies to functions and activities that meet the administration of national parks in the area covered by that this Treaty, in all that is compatible with the same. Exempt are expressly the application in the field of the Park inter-jurisdictional marine Island Penguin of them articles 2 °, 3 °, 4 °, 5 ° and 19 of the law national Nº 22.351. The law Provincial No. 786 applies to functions and activities that meet the province of SANTA CRUZ in the area refers to which the present Treaty in everything that is compatible with the same. 12th: The parties agree to refer to the park that is created by the first of the present Treaty, clause "Park inter-jurisdictional MARINO ISLA PINGÜINO". Thirteenth: The present Treaty shall enter into force once approved by the HONORABLE Congress of the nation and by the legislature of the province of SANTA CRUZ.
https://www.boletinoficial.gob.ar/pdf/linkQR/c0w5WldkV1BydkZycmZ0RFhoUThyQT09 in the place and date indicated in the header of the present sign two (2) copies of a same tenor and a single effect.

Date of publication: 14/12/2012 https://www.boletinoficial.gob.ar/pdf/linkQR/c0w5WldkV1BydkZycmZ0RFhoUThyQT09