Common use of Legal measures Clause in Contracts

Legal measures. 2.1.1 Parties with populations listed in column A of Table 1 shall provide protection to those populations listed in accordance with Article III, paragraph 2(a), of this Agreement. Such Parties shall in particular and subject to paragraph 2.1.3 below: (a) prohibit the taking of birds and eggs of those populations occurring in their territory; (b) prohibit deliberate disturbance in so far as such disturbance would be significant for the conservation of the population concerned; and (c) prohibit the possession or utilization of, and trade in, birds or eggs of those populations which have been taken in contravention of the prohibitions laid down pursuant to subparagraph (a) above, as well as the possession or utilization of, and trade in, any readily recognizable parts or derivatives of such birds and their eggs. By way of exception for those populations listed in Categories 2 and 3 in Column A only and which are marked by an asterisk, hunting may continue on a sustainable use basis where hunting of such populations is a long-established cultural practice. This sustainable use shall be conducted within the framework of special provisions of a species action plan at the appropriate international level. 2.1.2 Parties with populations listed in Table 1 shall regulate the taking of birds and eggs of all populations listed in column B of Table 1. The object of such legal measures shall be to maintain or contribute to the restoration of those populations to a favourable conservation status and to ensure, on the basis of the best available knowledge of population dynamics, that any taking or other use is sustainable. Such legal measures, subject to paragraph 2.1.3 below, shall in particular: (a) prohibit the taking of birds belonging to the populations concerned during their various stages of reproduction and rearing and during their return to their breeding grounds if the taking has an unfavourable impact on the conservation status of the population concerned; (b) regulate the modes of taking; (c) establish limits on taking, where appropriate, and provide adequate controls to ensure that these limits are observed; and (d) prohibit the possession or utilization of, and trade in, birds and eggs of the populations which have been taken in contravention of any prohibition laid down pursuant to the provisions of this paragraph, as well as the possession or utilization of, and trade in, any parts of such birds and their eggs. 2.1.3 Parties may grant exemptions to the prohibitions laid down in paragraphs 2.1.1 and 2.1.2, irrespective of the provisions of Article III, paragraph 5, of the Convention, where there is no other satisfactory solution, for the following purposes: (a) to prevent serious damage to crops, water and fisheries; (b) in the interests of air safety or other overriding public interests; (c) for the purpose of research and education, of re-establishment and for the breeding necessary for these purposes; (d) to permit under strictly supervised conditions, on a selective basis and to a limited extent, the taking and keeping or other judicious use of certain birds in small numbers; and (e) for the purpose of enhancing the propagation or survival of the populations concerned. Such exemptions shall be precise as to content and limited in space and time and shall not operate to the detriment of the populations listed in Table 1. Parties shall as soon as possible inform the Agreement secretariat of any exemptions granted pursuant to this provision.

Legal measures. 2.1.1 Parties with populations listed in column A of Table 1 shall provide protection to those populations listed in accordance with Article III, paragraph 2(a), of this Agreement. Such Parties shall in particular and subject to paragraph 2.1.3 below: (a) prohibit the taking of birds and eggs of those populations occurring in their territory; (b) prohibit deliberate disturbance in so far as such disturbance would be significant for the conservation of the population concerned; and (c) prohibit the possession or utilization of, and trade in, birds or eggs of those populations which have been taken in contravention of the prohibitions laid down pursuant to subparagraph (a) above, as well as the possession or utilization of, and trade in, any readily recognizable parts or derivatives of such birds and their eggs. By way of exception for those populations listed in Categories 2 and 3 in Column A only and which are marked by an asterisk, hunting may continue on a sustainable use basis where hunting of such populations is a long-established cultural practice. This sustainable use shall be conducted within the framework of special provisions of a species action plan at the appropriate international level. 2.1.2 Parties with populations listed in Table 1 shall regulate the taking of birds and eggs of all populations listed in column B of Table 1. The object of such legal measures shall be to maintain or contribute to the restoration of those populations to a favourable conservation status and to ensure, on the basis of the best available knowledge of population dynamics, that any taking or other use is sustainable. Such legal measures, subject to paragraph 2.1.3 below, shall in particular: (a) prohibit the taking of birds belonging to the populations concerned during their various stages of reproduction and rearing and during their return to their breeding grounds if the taking has an unfavourable impact on the conservation status of the population concerned; (b) regulate the modes of taking;; 2 As adopted at the Second session of the Meeting of the Parties, which took place from 25-27 September 2002, Bonn, Germany. (c) establish limits on taking, where appropriate, and provide adequate controls to ensure that these limits are observed; and (d) prohibit the possession or utilization of, and trade in, birds and eggs of the populations which have been taken in contravention of any prohibition laid down pursuant to the provisions of this paragraph, as well as the possession or utilization of, and trade in, any parts of such birds and their eggs. 2.1.3 Parties may grant exemptions to the prohibitions laid down in paragraphs 2.1.1 and 2.1.2, irrespective of the provisions of Article III, paragraph 5, of the Convention, where there is no other satisfactory solution, for the following purposes: (a) to prevent serious damage to crops, water and fisheries; (b) in the interests of air safety or other overriding public interests; (c) for the purpose of research and education, of re-establishment and for the breeding necessary for these purposes; (d) to permit under strictly supervised conditions, on a selective basis and to a limited extent, the taking and keeping or other judicious use of certain birds in small numbers; and (e) for the purpose of enhancing the propagation or survival of the populations concerned. Such exemptions shall be precise as to content and limited in space and time and shall not operate to the detriment of the populations listed in Table 1. Parties shall as soon as possible inform the Agreement secretariat of any exemptions granted pursuant to this provision.

Legal measures. 2.1.1 2.1.1. Parties with populations listed in column A of Table 1 shall provide protection to those populations listed in accordance accor- dance with Article III, paragraph 2(a), III (2)(a) of this Agreement. Such Parties shall in particular and subject to paragraph 2.1.3 below2.1.3: (a) prohibit the taking of birds and eggs of those populations occurring in their territory; (b) prohibit deliberate disturbance in so far as such disturbance would be significant for the conservation of the population concerned; and (c) prohibit the possession or utilization utilisation of, and trade in, birds or eggs of those populations which have been taken in contravention of the prohibitions laid down pursuant to subparagraph (a) above, as well as the possession pos- session or utilization utilisation of, and trade in, any readily recognizable recognisable parts or derivatives of such birds and their eggs. By way of exception for those populations listed in Categories 2 and 3 in Column A only and which are marked by an asterisk, hunting may continue on a sustainable use basis where hunting of such populations is a long-long- established cultural practice. This sustainable use shall be conducted within the framework of special provisions of a species action plan at the appropriate international level. 2.1.2 2.1.2. Parties with populations listed in Table 1 shall regulate the taking of birds and eggs of all populations listed in column B of Table 1. The object of such legal measures shall be to maintain or contribute to the restoration of those populations to a favourable conservation status and to ensure, on the basis of the best available knowledge of population dynamics, that any taking or other use is sustainable. Such legal measures, subject to paragraph 2.1.3 below2.1.3, shall in particular: (a) prohibit the taking of birds belonging to the populations concerned during their various stages of reproduction reproduc- tion and rearing and during their return to their breeding grounds if the taking has an unfavourable impact on the conservation status of the population concerned; (b) regulate the modes of taking; (c) establish limits on taking, where appropriate, and provide adequate controls to ensure that these limits are observed; and (d) prohibit the possession or utilization utilisation of, and trade in, birds and eggs of the populations which have been taken in contravention of any prohibition laid down pursuant to the provisions of this paragraph, as well as the possession or utilization utilisation of, and trade in, any parts of such birds and their eggs. 2.1.3 (1) As adopted at the second session of the Meeting of the Parties, which took place from 25 to 27 September 2002, Bonn, Germany. 2.1.3. Parties may grant exemptions to the prohibitions laid down in paragraphs 2.1.1 and 2.1.2, irrespective of the provisions pro- visions of Article III, paragraph 5, III(5) of the Convention, where there is no other satisfactory solution, for the following purposes: (a) to prevent serious damage to crops, water and fisheries; (b) in the interests of air safety or other overriding public interests; (c) for the purpose of research and education, of re-establishment and for the breeding necessary for these purposes; (d) to permit under strictly supervised conditions, on a selective basis and to a limited extent, the taking and keeping or other judicious use of certain birds in small numbers; and (e) for the purpose of enhancing the propagation or survival of the populations concerned. Such exemptions shall be precise as to content and limited in space and time and shall not operate to the detriment detri- ment of the populations listed in Table 1. Parties shall as soon as possible inform the Agreement secretariat of any exemptions granted pursuant to this provision.

Legal measures. 2.1.1 Parties with populations listed in column A of Table 1 shall provide protection to those populations listed in accordance with Article III, paragraph 2(a), of this Agreement. Such Parties shall in particular and subject to paragraph 2.1.3 below: (a) prohibit the taking of birds and eggs of those populations occurring in their territory; (b) prohibit deliberate disturbance in so far as such disturbance would be significant for the conservation of the population concerned; and (c) prohibit the possession or utilization of, and trade in, birds or eggs of those populations which have been taken in contravention of the prohibitions laid down pursuant to subparagraph (a) above, as well as the possession or utilization of, and trade in, any readily recognizable parts or derivatives of such birds and their eggs. By way of exception for those populations listed in Categories 2 and 3 in Column A only and which are marked by an asterisk, hunting may continue on a sustainable use basis where hunting of such populations is a long-established cultural practice. This sustainable use shall be conducted within the framework of special provisions of a species action plan at the appropriate international level. 2.1.2 Parties with populations listed in Table 1 shall regulate the taking of birds and eggs of all populations listed in column B of Table 1. The object of such legal measures shall be to maintain or contribute to the restoration of those populations to a favourable conservation status and to ensure, on the basis of the best available knowledge of population dynamics, that any taking or other use is sustainable. Such legal measures, subject to paragraph 2.1.3 below, shall in particular:: 2 As adopted at the fourth Session of the Meeting of the Parties, which took place from 15 - 19 September 2008, Antananarivo, Madagascar. (a) prohibit the taking of birds belonging to the populations concerned during their various stages of reproduction and rearing and during their return to their breeding grounds if the taking has an unfavourable impact on the conservation status of the population concerned; (b) regulate the modes of taking; (c) establish limits on taking, where appropriate, and provide adequate controls to ensure that these limits are observed; and (d) prohibit the possession or utilization of, and trade in, birds and eggs of the populations which have been taken in contravention of any prohibition laid down pursuant to the provisions of this paragraph, as well as the possession or utilization of, and trade in, any readily recognizable parts or derivatives of such birds and their eggs. 2.1.3 Parties may grant exemptions to the prohibitions laid down in paragraphs 2.1.1 and 2.1.2, irrespective of the provisions of Article III, paragraph 5, of the Convention, where there is no other satisfactory solution, for the following purposes: (a) to prevent serious damage to crops, water and fisheries; (b) in the interests of air safety or other overriding public interests; (c) for the purpose of research and education, of re-establishment and for the breeding necessary for these purposes; (d) to permit under strictly supervised conditions, on a selective basis and to a limited extent, the taking and keeping or other judicious use of certain birds in small numbers; and (e) for the purpose of enhancing the propagation or survival of the populations concerned. Such exemptions shall be precise as to content and limited in space and time and shall not operate to the detriment of the populations listed in Table 1. Parties shall as soon as possible inform the Agreement secretariat of any exemptions granted pursuant to this provision.