THE MARINE MAMMAL COMMISSION COMPENDIUM
BILATERAL / UNION OF SOVIET SOCIALIST REPUBLICS
Volume(s) 1-3; pages 3476-3485
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Convention Between the United States of America and the Union of Soviet Socialist Republics Concerning the Conservation of Migratory Birds and Their Environment, Moscow, 1976
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Done at Moscow 19 November 1976
Entered into force 13 October 1978
Primary source citation: 29 UST 4647, TIAS 9073
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CONVENTION Between the United States of America and the Union of Soviet Socialist Republics Concerning the Conservation of Migratory Birds and Their Environment
The Government of the United States of America and the Government of the Union of Soviet Socialist Republics,
Considering that migratory birds are a natural resource of great scientific, economic, aesthetic, cultural, educational, recreational and ecological value and that this value can be increased under proper management;
Recognizing that many species of birds migrate between the United States and the Soviet Union or that species of birds which occur in the United States and the Soviet Union have common flyways, breeding, wintering, feeding or moulting areas which should be protected;
Considering that effective protection of migratory birds and their environment requires substantial national effort, but recognizing that international cooperation in this area can provide significant assistance;
Recognizing that certain species of birds in both countries are endangered and in need of particular protective measures;
Desiring to cooperate in implementing measures for the conservation of migratory birds and their environment and other birds of mutual interest;
Have agreed as follows:
ARTICLE I.
1. In this Convention, the term ‘migratory birds’ means:
(a) The species or subspecies of birds for which there is evidence of migration between the Soviet Union and the United States derived as a result of banding, marking or other reliable scientific evidence; or
(b) The species or subspecies of birds, populations of which occur in the Soviet Union and the United States and have common flyways or common breeding, wintering, feeding, or moulting areas, and for these reasons there exists or could exist an exchange of individuals between such populations. The identification of such species or subspecies will be based upon data acquired by banding, marking, or other reliable scientific evidence.
2. In this Convention, the term ‘competent authority’ means a national scientific or management agency authorized by the Contracting Party to implement the activities under this Convention. At the time of entering into force of this Convention, the Contracting Parties shall notify each other of their competent authorities for migratory birds pursuant to this Convention.
3. (a) A list of species and subspecies of birds by families, determined to be migratory in accordance with Paragraph 1 of this Article, is set forth in an Appendix to this Convention entitled ‘Migratory Birds’;
(b) The competent authority of each Contracting Party shall be authorized by its government to review the ‘Migratory Birds’ Appendix, and, if necessary, make recommendations for amendments thereto. The Appendix shall be considered amended upon the date when such recommendations are accepted by the competent authority of the other Contracting Party.
4. This Convention shall apply:
(a) For the United States of America: To all areas under the jurisdiction of the United States of America.
(b) For the Union of Soviet Socialist Republics: To all territories under the jurisdiction of the Union of Soviet Socialist Republics.
ARTICLE II.
1. Each Contracting Party shall prohibit the taking of migratory birds, the collection of their nests and eggs and the disturbance of nesting colonies. Also, any sale, purchase or exchange of these birds, whether dead or alive, or their nests or eggs, and any sale, purchase or exchange of their products or parts, shall be prohibited. The importation and exportation of migratory birds and their nests, eggs, parts, and products shall also be prohibited. Exception to these prohibitions may be made on the basis of laws, decrees or regulations of the respective Contracting Parties in the following cases:
(a) For scientific, educational, propagative, or other specific purposes not inconsistent with the principles of this Convention;
(b) For the establishment of hunting seasons in accordance with Paragraph 2 of this Article;
(c) For the taking of migratory birds and the collection of their eggs by the indigenous inhabitants of the Chukchi and Koryaksk national regions, the Commander Islands and the State of Alaska for their own nutritional and other essential needs (as determined by the competent authority of the relevant Contracting Party) during seasons established in accordance with Paragraph 2 of this Article; and
(d) For the purpose of protecting against injury to persons or property.
2. The hunting seasons for migratory birds provided for in Paragraph 1 (b) of this Article, and the seasons during which the indigenous inhabitants mentioned in Paragraph 1 (c) of this Article may take such birds and collect their eggs for their own nutritional and other essential needs (as determined by the competent authority of the relevant Contracting Party), shall be determined by the competent authority of each Contracting party respectively. These seasons shall be set so as to provide for the preservation and maintenance of stocks of migratory birds.
3. With regard to a particular species of migratory bird, if the need arises, the competent authorities of the Contracting Parties may conclude special agreements on the conservation of these species and on the regulation of their taking. Such agreements shall not be inconsistent with the principles of this Convention.
ARTICLE III.
Each Contracting Party agrees to take, as soon as possible, the measures necessary to insure the execution of this Convention and its purposes.
ARTICLE IV.
1. To the extent possible, the Contracting Parties shall undertake measures necessary to protect and enhance the environment of migratory birds and to prevent and abate the pollution or detrimental alteration of that environment.
2. Among other things, each Contracting Party shall:
(a) Provide for the immediate warning of the competent authority of the other Contracting Party in case of substantial anticipated or existing damage to significant numbers of migratory birds or the pollution or destruction of their environment. The competent authorities of the Contracting Parties will establish necessary procedures for such warnings and will cooperate to the maximum possible degree in preventing, reducing or eliminating such damage to migratory birds and their environment and in providing for the rehabilitation of their habitat.
(b) Undertake measures necessary for the control of the import, export and establishment in the wild of live animals and plants that may be harmful to migratory birds or their environment.
(c) Identify areas of breeding, wintering, feeding, and moulting which are of special importance to the conservation of migratory birds within the areas under its jurisdiction. Such identification may include areas which require special protection because of their ecological diversity or scientific value. These special areas will be included in list number I on the Appendix to this Convention entitled ‘Migratory Bird Habitat.’ The initial identification of areas shall be prepared within one year from the date of this Convention's entry into force. This list may be augmented or revised by the competent authority of each Contracting Party in relation to the areas under its jurisdiction. Such amendment enters into force upon notification of the competent authority of the other Contracting Party. Each Contracting Party shall, to the maximum extent possible, undertake measures necessary to protect the ecosystems in those special areas described on list number I against pollution, detrimental alteration and other environmental degradation.
3. The competent authorities of the Contracting Parties may by mutual agreement designate areas of special importance to the conservation of migratory birds outside the areas under their jurisdiction. These areas of special importance shall be included on list number II on the ‘Migratory Bird Habitat’ Appendix to this Convention. This list number II may be amended by mutual agreement of the competent authorities of the Contracting Parties. Each Contracting Party shall, to the maximum extent possible, undertake measures necessary to ensure that any citizen or person subject to its jurisdiction will act in accordance with the principles of this Convention in relation to such areas. The Contracting Parties will take measures to disseminate information about the significance of these areas to the conservation of migratory birds.
ARTICLE V.
1. The Contracting Parties agree that, for the conservation of those species and subspecies of migratory birds which are in danger of extinction, special protective measures are necessary and should be taken.
2. If one Contracting Party has decided that a species, subspecies or distinct segment of a population of migratory bird is in danger of extinction, and has established special measures for its protection, the competent authority of that Contracting Party shall inform the competent authority of the other Contracting Party of that decision and of any subsequent modification of such decision.
3. Upon notification, the other Contracting Party will take into account such protective measures in the development of its management plans for the conservation of migratory birds.
ARTICLE VI.
1. The Contracting Parties shall promote research related to the conservation of migratory birds and their environment, and agree to coordinate their national bird banding programs. In cases where it is desirable, such research may be conducted under agreed upon programs coordinated by the competent authorities of the Contracting Parties.
2. The competent authorities of the Contracting Parties shall exchange scientific information and publications related to the conservation of migratory birds and their environment.
ARTICLE VII.
Each Contracting Party shall to the maximum extent possible, undertake measures necessary to establish preserves, refuges, protected areas, and also facilities intended for the conservation of migratory birds and their environment, and to manage such areas so as to preserve and restore the natural ecosystems.
ARTICLE VIII.
In addition to those species and subspecies of birds named on the ‘Migratory Birds’ Appendix, each Contracting Party may implement within the areas under its jurisdiction or with regard to any citizen or person subject to its jurisdiction, as it deems appropriate and necessary, any or all of the protective measures under this Convention for any species or subspecies of birds not listed in the ‘Migratory Birds’ Appendix but belonging to the same family as a species or subspecies listed in the ‘Migratory Birds’ Appendix.
ARTICLE IX.
This Convention shall in no way affect the right of the Contracting Parties to adopt stricter domestic measures which are deemed to be necessary to conserve migratory birds and their environment.
ARTICLE X.
The competent authorities of the Contracting Parties shall consult regarding the implementation of this Convention upon the request of the competent authority of either of the Contracting Parties.
ARTICLE XI.
If necessary to improve the conservation of migratory birds or their environment, this Convention may be amended by the agreement of the Contracting Parties.
ARTICLE XII.
1. This Convention shall be subject to ratification or confirmation pursuant to the domestic laws of each Contracting Party and shall enter into force on the day that instruments of ratification or confirmation are exchanged in agreement with international procedures.
2. This Convention shall remain in force for a period of 15 years from the date of its entry into force. Thereafter, it shall be renewed automatically on an annual basis, provided that any Contracting Party may terminate its rights and obligations under this Convention. Such termination shall take effect on the next expiration date of this Convention and may be accomplished by transmitting written notification of termination to the other Contracting Party at least six months prior to that expiration date.
Done in Moscow this 19th day of November, 1976, in duplicate, in the English and Russian languages, both texts being equally authentic.
FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA: E. U. Curtis Bohlen Russell E. Train
FOR THE GOVERNMENT OF THE UNION OF SOVIET SOCIALIST REPUBLICS: Boris Runov
APPENDIX TO THE CONVENTION MIGRATORY BIRDS
Family GAVIIDAE
Yellow-billed Loon (Gavia adamsii)
Arctic Loon (G. arctica)
Pacific Loon (G. pacifica)
Red-throated Loon (G. stellata)
Family COLYMBIDAE
Red-necked Grebe (Podiceps grisegena)
Horned Grebe (P. auritus)
Family DIOMEDEIDAE
Short-tailed Albatross (Diomedea albatrus)
Black-footed Albatross (D. nigripes)
Laysan Albatross (D. immutabilis)
Family PROCELLARIIDAE
Fulmar (Fulmarus glacialis)
Flesh-footed Shearwater (Puffinus carneipes)
New Zealand Shearwater (P. bulleri)
Sooty Shearwater (P. griseus)
Slender-billed Shearwater (P. tenuirostris)
Bonin Island Petrel [Pterodroma leucoptera (=hypoleuca)]
Scaled Petrel (P. inexpectata)
Family HYDROBATIDAE
Fork-tailed Storm Petrel (Oceanodroma furcata)
Leach's Storm Petrel (O. leucorhoa)
Harcourt's Storm Petrel (O. castro)
Family PHALACROCORACIDAE
Pelagic Cormorant (Phalacrocorax pelagicus)
Red-faced Cormorant (P. urile)
Family ARDEIDAE
Plumed Egret (Egretta intermedia)
Chinese Egret (E. eulophotes)
Chinese Least Bittern (Ixobrychus sinensis)
Shrenck's Least Bittern (I. eurhythmus)
Family ANATIDAE
Whooper Swan (Cygnus cygnus)
Bewick's Swan (C. bewickii)
Whistling Swan (C. columbianus)
Canada Goose (Branta canadensis)
Black Brant (B. nigricans)
Emperor Goose (Philacte canagica)
White-fronted Goose (Anser albifrons)
Bean Goose (A. fabilis)
Snow Goose (Chen caerulescens)
Mallard (Anas platyrhynchos)
Spot-billed Duck (A. poecilorhyncha)
Pintail (A. acuta)
Garganey (A. querquedula)
Falcated Teal (A. falcata)
Green-winged Teal (A. crecca)
Baikal Teal (A. formosa)
European Wigeon (A. penelope)
American Wigeon (A. americana)
Shoveler (A. clypeata)
The following has the common name above the species name:
Common Pochard
Aythya ferina
Greater Scaup
A. marila
Tufted Duck
Aythya fuligula
Common Goldeneye
Bucephala clangula
Bufflehead
B. albeola
Oldsquaw
Clangula hyemalis
Harlequin Duck
Histrionicus histrionicus
Steller's Eider
Polysticta stelleri
Common Eider
Somateria mollissima
King Eider
S. spectabilis
Spectacled Eider
S. fischeri
White-winged Scoter
Melanitta deglandi
Surf Scoter
M. perspicillata
Black Scoter
M. nigra
Red-breasted Merganser
Mergus serrator
Common Merganser
M. merganser
Smew
M. albellus
Family ACCIPITRIDAE
Black Kite
Milvus korschun (=migrans)
Asiatic Sparrow Hawk
Accipiter virgatus (=gularis)
Rough-legged Hawk
Buteo lagopus
Golden Eagle
Aquila chrysaetos
White-tailed Eagle
Haliaeetus albicilla
Bald Eagle
H. leucocephalus
Steller's Sea Eagle
H. pelagicus
Northern Harrier
Circus cyaneus
Family PANDIONIDAE
Osprey
Pandion Haliaetus
Family FALCONIDAE
Gyrfalcon
Falco rusticolus
Peregrine Falcon
Falco peregrinus
Merlin
F. columbarius
Family GRUIDAE
Common Crane
Grus grus
Sandhill Crane
G. canadensis
Family RALLIDAE
European Coot
Fulica atra
Family CHARADRIIDAE
Semipalmated Plover
Charadrius semipalmatus
Little Ringed Plover
C. dubius
Mongolian Plover
C. mongolus
American Golden Plover
Pluvialis dominica
Black-bellied Plover
P. squatarola
Dotterel
Eudromias morinellus
Family SCOLOPACIDAE
Ruddy Turnstone
Arenaria interpres
Common Snipe
Capella (=Gallinago) gallinago
Pintail Snipe
C. (=Gallinago) stenura
Marsh Snipe
C. (=Gallinago) megala
European Jacksnipe
Lymnocryptes minimus
Whimbrel
Numenius phaeopus
Far Eastern Curlew
N. madagascariensis
Terek Sandpiper
Xenus cinereus
Common Sandpiper
Tringa (=Actitis) hypoleucos
Wood Sandpiper
Tringa glareola
Spotted Redshank
T. erythropus
Marsh Sandpiper
T. stagnatilis
Greenshank
T. nebularia
Wandering Tattler
Heteroscelus incanus
Polynesian Tattler
Heteroscelus brevipes
Red Knot
Calidris canutus
Great Knot
C. tenuirostris
Rock Sandpiper
C. ptilocnemis
Sharp-tailed Sandpiper
C. acuminata
Pectoral Sandpiper
C. melanotos
Baird's Sandpiper
C. bairdii
Temminck's Stint
C. temminckii
Long-toed Stint
C. subminuta
Rufous-necked Sandpiper
C. ruficollis
Curlew Sandpiper
C. ferruginea
Dunlin
C. alpina
Western Sandpiper
C. mauri
Sanderling
C. alba
Long-billed Dowitcher
Limnodromus scolopaceus
Buff-breasted Sandpiper
Tryngites subruficollis
Bar-tailed Godwit
Limosa lapponica
Black-tailed Godwit
L. limosa
Ruff
Philomachus pugnax
Spoon-bill Sandpiper
Eurynorhynchus pygmeus
Broad-billed Sandpiper
Limicola falcinellus
Family PHALAROPODIDAE
Wilson's Phalarope
Phalaropus tricolor
Red Phalarope
P. fulicarius
Northern Phalarope
P. lobatus
Family STERCORARIIDAE
Pomarine Jaeger
Stercorarius pomarinus
Parasitic Jaeger
Stercorarius parasiticus
Long-tailed Jaeger
S. longicaudus
Family LARIDAE
Glaucous Gull
Larus hyperboreus
Glaucous-winged Gull
L. glaucescens
Slaty-backed Gull
L. schistisagus
Herring Gull
L. argentatus
Mew Gull
L. canus
Black-headed Gull
L. ridibundus
Ivory Gull
Pagophila eburnea
Black-legged Kittiwake
Rissa tridactyla
Red-legged Kittiwake
R. brevirostris
Ross' Gull
Rhodostethia rosea
Sabine's Gull
Xema sabini
White-winged Black Tern
Chlidonias leucoptera
Common Tern
Sterna hirundo
Arctic Tern
S. paradisaea
Aleutian Tern
S. aleutica
Little Tern
S. albifrons
Family ALCIDAE
Common Murre
Uria aalge
Thick-billed Murre
U. lomvia
Black Guillemot
Cepphus grylle
Pigeon Guillemot
C. columba
Marbled Murrelet
Brachyramphus marmoratus
Kittlitz's Murrelet
B. brevirostris
Ancient Murrelet
Synthliboramphus antiquus
Parakeet Auklet
Cyclorrhynchus psittacula
Crested Auklet
Aethia cristatella
Least Auklet
A. pusilla
Whiskered Auklet
A. pygmaea
Horned Puffin
Fratercula corniculata
Tufted Puffin
Fratercula (=Lunda) cirrhata
Family CUCULIDAE
Fugitive Hawk Cuckoo
Cuculus fugax
Common Cuckoo
C. canorus
Oriental Cuckoo
C. saturatus
Family STRIGIDAE
Snowy Owl
Nyctea scandiaca
Hawk Owl
Surnia ulula
Short-eared Owl
Asio flammeus
Boreal Owl
Aegolius funereus
Family APODIDAE
White-rumped Swift
Apus pacificus
Common Swift
A. apus
Needle-tailed Swift
Hirundapus caudacutus
Family UPUPIDAE
Hoopoe
Upupa epops
Family PICIDAE
Wryneck
Jynx torquilla
Family ALAUDIDAE
Skylark
Alauda arvensis
Horned Lark
Eremophila alpestris
Family HIRUNDINIDAE
Tree Swallow
Iridoprocne bicolor
Bank Swallow
Riparia riparia
House Martin
Celichon urbica
Barn Swallow
Hirundo rustica
Cliff Swallow
Petrochelidon pyrrhonota
Family CORVIDAE
Common Raven
Corvus corax
Family TURDIDAE
Fieldfare
Turdus pilaris
Dusky Thrush
T. pallidus (=obscurus)
Blue Rock Thrush
Monticola solitarius (=solitaria)
Swainson's Thrush
Catharus ustulatus
Gray-cheeked Thrush
C. minimus
Wheatear
Oenathe oenathe
Bluethroat
Luscinia svecia
Siberian Rubythroat
L. calliope
Family SYLVIIDAE
Willow Warbler
Phylloscopus trochilus
Arctic Warbler
P. borealis
Middendorff's Grasshopper Warbler
Locustella ochotensis
Family MUSCICAPIDAE
Gray-spotted Flycatcher
Muscicapa griseisticta
Family PRUNELLIDAE
Mountain Accentor
Prunella montanella
Family MOTACILLIDAE
Gray Wagtail
Motacilla cinerea
White Wagtail
M. alba
Yellow Wagtail
M. flava
Water Pipit
Anthus spinoletta
Indian Tree Pipit
A. hodgsoni
Pechora Pipit
Anthus gustavi
Red-throated Pipit
A. cervinus
Family LANIIDAE
Northern Shrike
Lanius excubitor
Family PARULIDAE
Yellow-rumped Warbler
Dendroica coronata
Northern Waterthrush
Seiurus noveboracensis
Family FRINGILLIDAE
Brambling
Fringilla montifringilla
Hawfinch
Coccothraustes coccothraustes
Eurasian Bullfinch
Pyrrhula pyrrhula
Common Rosefinch
Carpodacus erythrinus
Hoary Redpoll
Acanthis hornemanni
Common Redpoll
A. flammea
Family EMBERIZIDAE
Savannah Sparrow
Passerculus sandwichensis
Slate-colored Junco
Junco hyemalis
Fox Sparrow
Passerella iliaca
Lapland Longspur
Calcarius lapponicus
Snow Bunting
Plectrophenax nivalis
Rustic Bunting
Emberiza rustica
Pallas' Reed Bunting
E. pallasi
JOINT DECLARATION
The Government of the United States of America and the Government of the Union of Soviet Socialist Republics,
Considering that the migratory birds covered by the Convention on the Conservation of Migratory Birds and Their Environment are an international resource of great ecological value and that they migrate between other countries as well as the United States of America and the Union of Soviet Socialist Republics;
Recognizing that the protection of these migratory birds and their environment requires expanded international cooperation and that it would be highly desirable to have other countries accede to this Convention;
Have agreed to consider the expansion of the Convention to include additional Contracting Parties and have agreed to initiate the necessary procedures to accomplish this goal.
Done in Moscow this 19th day of November, 1976, in duplicate, in the English and Russian languages, both texts being equally authentic.
FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA: E. U. Curtis Bohlen Russell E. Train
FOR THE GOVERNMENT OF THE UNION OF SOVIET SOCIALIST REPUBLICS: Boris Runov