Protocol for the Conservation and Management of Protected Marine and Coastal Areas of the South-East Pacific, Paipa, 1989

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The High Contracting parties,

Recognizing the need to adopt appropriate measures to protect and preserve ecosystems that are fragile, vulnerable or of unique natural value, as well as fauna and flora in danger of depletion and extinction,

Considering that there is a common interest in seeking to manage coastal zones, giving a rational value to the balance that should exist between conservation and development,

Considering that there is a need to establish protected areas, with special emphasis on parks, reserves, fauna and flora sanctuaries, and other categories of protected areas,

Having in mind that it is essential to regulate all activities that might result in deleterious effects on ecosystems, fauna and flora as well as their habitat,

Having in mind the Convention for the Protection of the Marine Environment and Coastal Area of the South-East Pacific of 1981, have agreed on the following:

Have agreed on the following Protocol

ARTICLE I Geographical Coverage

The sphere of application of the present Protocol shall be the sea area of the South-East Pacific within the 200-mile maritime area of sovereignty and jurisdiction of the High Contracting Parties.

This Protocol shall also apply to the entire continental shelf when this is extended by the High Contracting Parties beyond their 200 miles.

The coastal zone, where there is ecological interaction between the land, sea and atmosphere, shall be determined by each State party in accordance with appropriate technical and scientific criteria.

ARTICLE II General Obligations

The High Contracting Parties undertake, individually or through bilateral or multilateral co-operation, to adopt appropriate measures in accordance with the provisions of the present Protocol to protect and preserve ecosystems that are fragile, vulnerable or of unique natural or cultural value, with particular emphasis on flora and fauna in danger of depletion and extinction, and, to this end, shall carry out studies aimed at rehabilitating the environment or rebuilding plant and animal populations where necessary.

To this end, the High Contracting Parties shall establish areas under their protection, in the form of parks, reserves, plant and animal sanctuaries and other categories of protected areas. Integrated management shall be established in these areas on the basis of studies and inventories of their resources, with a view to their sustainable development, and all activities that might result in deleterious effects on ecosystems, fauna and flora as well as their habitat shall be prohibited.

ARTICLE III Information on Protected Areas

The High Contracting Parties undertake to provide each other with information, through the Executive Secretariat of this Protocol, concerning the designation of protected areas and, in doing so, shall indicate the factors that have been taken into account for arriving at such designation, such as the importance of the designated areas from the scientific, ecological, economic, historical, archaeological, cultural, educational, tourist, esthetic or other point of view.

The information provided by the High Contracting Parties shall refer to the potential effects on the environment, coastal resources or their value.

Each State Party shall, as far as possible and before establishing its protected area, exchange information on the subject with the other States Parties to this Protocol.

Each State Party shall inform the others, through the Executive Secretariat, on any change made in the legal regime or in the delimitation of its protected areas.

The Executive Secretariat shall keep a current register of information provided by States Parties on their protected areas, as well as of the regulatory measures adopted for such areas. The Executive Secretariat shall transmit to the other Parties, in due time, the reports received by it.

ARTICLE IV Common Criteria

The High Contracting Parties shall adopt common criteria for the establishment of areas under their protection. To this end, if it is considered appropriate, they shall seek, jointly or individually, the advice and co-operation of competent international organizations.

ARTICLE V Regulation of Activities

In the protected areas, each High Contracting Party shall establish integrated environmental management along the following lines:

(a) Establishment of plant and animal management, in accordance with the specific characteristics of the protected areas;

(b) Prohibition of activities involving the exploration and mineral exploitation of the soil and sub-soil of the protected area;

(c) Regulation of all scientific, archaeological or tourist activity in the area;

(d) Regulation of trade that affects the fauna, flora and their habitat in the protected area;

(e) In general, prohibition of any activity that results in deleterious affects on the species, ecosystems or biological processes that such areas protect, as well as on their character as a national, scientific, ecological, economic, historical, cultural, archaeological or tourist asset.

ARTICLE VI Other Zones

The High Contracting Parties shall establish, around the protected areas, buffer zones, where such zones do not exist, in which uses may be controlled in order to ensure fulfilment of the aims of the present Protocol.

ARTICLE VII Measures to Prevent, Reduce and Control Pollution of the Protected Areas

The High Contracting Parties shall take, individually or jointly, every measure to prevent or reduce and control environmental degradation, including pollution, in the protected areas, from any source and activity, and shall endeavour to harmonize their policies in this respect.

Such measures shall include, inter alia, those designed to:

1. Prohibit the dumping of toxic, harmful or noxious substances, especially those of a persistent nature, from land-based sources, including rivers, estuaries, pipelines and outfall structures, and from or through the atmosphere.

2. Prevent, reduce and control, to the fullest possible extent:

(a) Pollution from vessels, including measures for preventing accidents and dealing with emergencies and for preventing dumping, whether or not intentional;

(b) The handling and transport of hazardous substances;

(c) The introduction of exotic species of fauna and flora, including transplants; and

(d) Other sets likely to produce in environmental degradation.

ARTICLE VIII Environmental Impact Assessment

The High Contracting Parties shall conduct an environmental impact assessment of any act that might result in deleterious effects on protected areas and, to this end, shall establish a procedure for integrated analysis of the subject. They shall also exchange information on alternative activities or suggested measures to avoid such effects.

ARTICLE IX Scientific and Technical Research, Environmental Education and Community Participation

The High Contracting Parties shall encourage scientific and technical research, environmental education and community participation as a basis for the conservation and management of the protected areas.

ARTICLE X Arrangements for Co-operation

The High Contracting Parties shall, through the Executive Secretariat of the present Protocol, co-operate in the management and conservation of the protected areas and, to this end, shall exchange information on the programmes and research in their countries, as well as experiences recognized by each of them, particularly in the scientific, legal and administrative spheres. The Executive Secretariat may also seek such information from universities and specialized institutions in the States Parties to the present Protocol, through the Focal Points.

The High Contracting Parties shall, directly or through the Executive Secretariat, promote programmes of scientific, technical, legal, educational or other forms of assistance for the protected areas.

Such assistance shall include, inter alia:

(i) Training of scientific and technical personnel;

(ii) Participation in the respective programmes;

(iii) Provision of experts and equipment;

(iv) Provision of facilities for, and advice on, research, monitoring, educational, tourism and other programmes;

(v) Organization of a technical record of specialized legislation in each of the States Parties;

(vi) Dissemination of specialized information on the protected areas.

ARTICLE XI Environmental Education

The High Contracting Parties shall encourage environmental education and community participation in the conservation and management of the protected areas.

ARTICLE XII Authorities of the Protected Areas

The High Contracting Parties shall provide, through the Executive Secretariat, information on:

(a) The organization and national authorities responsible for the management of the protected areas;

(b) Research programmes in the protected areas.

ARTICLE XIII Compliance and Punitive Measures

Each High Contracting Party undertakes to ensure compliance with the provisions of the present Protocol and to adopt the legal and administrative measures available to it to prevent or penalize any act that infringes these provisions.

The High Contracting Parties shall report to the Executive Secretariat on the measures adopted for the application of the provisions of the foregoing paragraph.

ARTICLE XIV Meetings of the High Contracting Parties

The High Contracting Parties shall hold ordinary sessions at least every two years and extraordinary sessions at any time, whenever two or more of them so request. Such meetings shall be convened by the Executive Secretariat.

At ordinary meetings, the High Contracting Parties shall adopt resolutions on the basis of their consideration of, inter alia, the following:

(a) The extent to which the present Protocol is being implemented, the effectiveness of the measures taken and the need to develop other types of activities in furtherance of the objectives of this Protocol;

(b) The need to amend or revise this Protocol and the desirability of expanding or amending the resolutions in pursuance of it;

(c) The performance of any other function which may assist achieving the aims of this Protocol.

The High Contracting Parties shall endeavour to include in their meetings, as technical advisory bodies, the authorities responsible for the protected areas.

ARTICLE XV Executive Secretariat of the Protocol

For the purposes of the administration and application of the present Protocol, the High Contracting Parties hereby designate the Permanent Commission of the South Pacific (CPPS) to discharge the functions of Executive Secretariat under the Protocol. At their first meeting, the parties shall consider the procedure and financing for the performance of this function by the Commission.

ARTICLE XVI Entry into Force

The present Protocol shall enter into force 60 days after the third instrument of ratification has been deposited with the General Secretariat of the Permanent Commission of the South Pacific.

ARTICLE XVII Denunciation

The present Protocol may be denounced by any of the High Contracting Parties after it has been in force for two years for the Party denouncing it.

Such denunciation shall be effected by means of written notification to the Executive Secretariat, which shall communicate if forthwith to the High Contracting Parties.

The denunciation shall take effect 180 days after the date of such notification.

ARTICLE XVIII Amendments

The present Protocol may be amended only with the unanimous agreement of the High Contracting Parties. Amendments shall be subject to ratification and shall enter into force after the third instrument of ratification has been deposited with the Executive Secretariat.

ARTICLE XIX Accession

The present Protocol shall be open for accession by any coastal state in the South East Pacific.Applies by extension to the Latin American States on the eastern Pacific coast.>

Accession shall be effected by deposit of the relevant instrument with the Executive Secretariat, which shall communicate it to the High Contracting Parties.

The present Protocol shall, for the State acceding to it, enter into force 60 days after the deposit of the relevant instrument.

ARTICLE XX Reservations

No reservations concerning this Protocol may be entered.

DONE in six identical copies, one of which shall be deposited with the General Secretariat of the Permanent Commission of the South Pacific, all being equally authentic for the purposes of implementation and interpretation.