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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.

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TREATIES

Law 26,818

I approved the Treaty of Creation of the "Parque Interjurisdictional Marino Isla Penguin" signed between the National 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 PENGUIN" signed on February 15, 2010 between the NATIONAL STATE and the province of SANTA CRUZ, which as an Annex forms an integral part of this law.

ARTICLE 2 °-Commune to the national executive branch. GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE TWENTY-EIGHT DAYS OF THE MONTH OF NOVEMBER OF TWO THOUSAND TWELVE. -REGISTERED UNDER NO. 26,818-BELOVED BOUDOU. -JULIAN A. DOMINGUEZ. -Gervasio Bozzano. -Juan H. Estrada.

TREATY OF CREATION OF THE MARINE INTERJURISDICTIONAL PARK PENGUIN ISLAND In the National Park Los Glaciares, at the 15 days of the month of February 2010, among the National State, represented in this act by the President of the Nation Argentina, Dr. Cristina FERNANDEZ de KIRCHNER, hereinafter "the NATION", in the presence of the President of the Board of Directors of the national parks administration, Dr. Patricia Alejandra GANDINI, and the Province of Santa Cruz, represented in this act by the Governor of the Province of Santa Cruz, D. Daniel Roman PERALTA, hereinafter "the province", agree to celebrate the present treaty of creation of the " PARQUE INTERJURISDICTIONAL MARINE ISLA PENGUIN ', founded on 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 productive activities to satisfy the needs present without to commit those of 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.

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That Articles 124 of the NATIONAL CONSTITUTION and 52 of the Provincial Constitution recognize the original domain of the Province of Santa Cruz from the natural resources existing within the provincial territory. That under these premises, the NATION and the province consider to be of great interest the creation of an interjurisdictional space for the management of the existing natural resources in the territorial sea situated between the west bank of the mouth of the Ria Desired to Bahia Laura, attentive to the richness and environmental diversity that this environment presents. 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 Pinguino Island Marine Interjurisdictional Park is a central goal for the NATION 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 of surface area for the conservation of biodiversity. That each jurisdiction that concurs with the signature of this treaty, in the exercise of its constitutional powers, has 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 by making use of the powers that constitutionally competence, the NATION and the province agree to conclude this Interjurisdictional Treaty, under the following clauses and conditions: FIRST: Create the Marine Interjurisdictional Park Penguin Island, 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 PARKS administration NATIONAL, acting agency in the field of the SECRETARY OF TOURISM of the MINISTRY OF INDUSTRY AND TOURISM, and the Province of Santa Cruz. SECOND: The Marine Interjurisdictional Park Pinguino Island will cover the sea surface (including the seabed and subsoil) of the area within the following limits: a straight line ranging from 47 45 54 S and 65 52 36 W to the 47 47 34 S and 65 37 16 W following the S the shape of the coast line with a width of DOCE (12) miles towards the W, and as a southwest boundary of the park from the site called Punta Mercedes on the coast 48 25 S 66 29 21 W in a straight line to the West to the DOCE (12) miles 48 25 16 S and 66 13 46 W. THIRD: General objectives of the Marine Interjurisdictional Park Penguin Island: 1) Maintain representative samples of the marine ecosystem that ensure the continuity of 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 to the importance of the conservation of the Area to the users of the area and to the inhabitants of the region, through the interpretation and environmental education. 6) Ensure 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: Decisions regarding the management and conservation of existing natural resources in the Interjurisdictional Park, whether migratory or non-migratory, and as long as they are within it, will be jointly adopted by both countries. jurisdictions in accordance with the guidelines and procedures

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The Executive Committee of Management. QUINTA: The decisions taken by the Executive Committee of Management, as well as the actions of the various parties in the exercise of the powers conferred upon each jurisdiction by this Treaty, in any way may mean the lack of knowledge of rights, concessions or permits regularly acquired by individuals prior to the signature of this Treaty, their respective extensions and implementing powers. 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. SIXTH: The implementation of the actions leading to the achievement of the objectives set out in the third clause of this Treaty shall be the responsibility of an Executive Committee of Management, which shall be composed of TWO (2) representative representatives and One (1) alternate member of the national parks administration, and two (2) representatives and one (1) alternate member of the agency that determines the province. SEVENTH: The Executive Committee of Management may conclude agreements complementary to this treaty, which are conducive to the achievement of the objectives outlined above. Such agreements shall 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 of Santa Cruz. EIGHTH: The Executive Committee of Management will dictate, within ninety days of the enactment of the law of creation, the regulation regarding each of the activities to be developed within the Marine Interjurisdictional Park Penguin Island. Such regulations shall include the management and conservation plan of the Park, the prohibited and permitted uses, and in general all that is necessary for the effective administration and conservation of the protected area. 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 of SANTA CRUZ. They will be used as a model for their elaboration, the management plans that both parties are applying in their respective jurisdictions, as soon as they are relevant to the space occupied by the Park that is created by this treaty. NINTH: The Executive Committee of Management will have an Advisory Council composed of representatives of the rural landowners adjacent to the Park; the residents of the same; non-governmental environmental organizations; 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. DECMA: The necessary funds for the maintenance, development and continuation of the objectives of the creation of the Park will be costed by equal parts by the NATION and the province, without prejudice to the resources that the Park itself could generate. FIFTEENTH: National Law No 22,351 shall apply to the functions and activities that the administration of national parks complies with in the area referred to in this Treaty, in any case that is compatible with it. Except expressly, the application in the field of the Marine Interjurisdictional Park Pinwina Island of Articles 2 °, 3 °, 4 °, 5 ° and 19 of the National Law No. 22,351. The Provincial Law No. 786 will be applicable to the functions and activities that the Province of Santa Cruz will fulfill in the area to which the present treaty refers in all matters that are compatible with it. TWELFTH: The signatory parties agree to call the Park which is created by the FIRST clause of the present treaty, "MARINE INTERJURISDICTIONAL PARK PENGUIN". THIRTEENTH: This treaty shall enter into force once approved by the HONORABLE CONGRESS OF THE NATION and the Legislature of the Province of Santa Cruz.

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Two copies of the same tenor and one effect are signed at the place and date indicated in the heading of the present.

Date of publication: 14/12/2012

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