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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