treaties: 103-5
This data as json
| id | congress | number | title | topic | transmitted_date | in_force_date | countries | index_terms | resolution_text |
|---|---|---|---|---|---|---|---|---|---|
| 103-5 | 103 | 5 | 1990 PROTOCOL TO THE 1983 MARITIME ENVIRONMENT OF THE WIDER CARIBBEAN REGION CONVENTION | Fisheries and Wildlife | 1993-04-20T00:00:00Z | 103-5, CARIBBEAN REGION, MARINE ENVIRONMENT, WIDER CARIBBEAN REGION, WILDLIFE | <!DOCTYPE html><html xmlns="http://www.w3.org/1999/xhtml" lang="en"><head><meta name="dc:title" content="[107] TreatyRes. 12 for Treaty Doc.103 - 5" /><meta name="Content-Type" content="application/rtf" /><title>[107] TreatyRes. 12 for Treaty Doc.103 - 5</title></head><body><p><b>As recommended by the Committee on Foreign Relations:</b></p><p><i>Resolved (two-thirds of the Senators present concurring therein)</i><i>, </i></p><p><b>Section 1. Advice and Consent to Ratification of the Protocol Concerning Specially Protected Areas and Wildlife to the Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region, subject to Reservations, an Understanding, and a Declaration.</b></p><p><b></b>The Senate advises and consents to the ratification of the Protocol Concerning Specially Protected Areas and Wildlife to the Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region, including Annexes, done at Kingston on January 18, 1990 (Treaty Doc. 103-5), subject to the reservations in section 2, the understanding in Section 3, and the declaration in Section 4.</p><p><b>Section 2. Reservations.</b></p><p><b></b>The advice and consent of the Senate under section 1 is subject to the following reservations, which shall be included in the instrument of ratification.</p><p>(1) The United States of America does not consider itself bound by Article 11(1) of the Protocol to the extent that United States law permits the limited taking of flora and fauna listed in Annexes I and II –</p><p>(A) which is incidental, or </p><p>(B) for the purpose of public display, scientific research, photography for educational or commercial purposes, or rescue and rehabilitation.</p><p>(2) The United States has long supported environmental impact assessment procedures, and has actively sought to promote the adoption of such procedures throughout the world. U.S. law and policy require environmental impact assessments for major Federal actions significantly affecting the quality of the human environment. Accordingly, although the United States expects that it will, for the most part, be in compliance with Article 13, the United States does not accept an obligation under Article 13 of the Protocol to the extent that the obligations contained therein differ from the obligations of Article 12 of the Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region.</p><p>(3) The United States does not consider the Protocol to apply to six species of fauna and flora that do not require the protection provided by the Protocol in U.S. territory. These species are the Alabama, Florida and Georgia populations of least tern (<i>Sterna antilllarum</i>), the Audubon’s shearwater (<i>Puffinus lherminieri</i>), the Mississippi, Louisiana and Texas population of the wood stork (<i>Mycteria americana</i>) and the Florida and Alabama populations of the brown pelican (<i>Pelicanus occidentalis</i>), which are listed on Annex II, as well as the fulvous whistling duck (<i>Dendrocygna bicolor</i>), and the populations of widgeon or ditch grass (<i>Rupia maritima</i>) located in the continental United States, which are listed on Annex III. </p><p><b>Section 3. Understanding.</b></p><p><b></b>The advice and consent of the Senate under section 1 is subject to the following understanding, which shall be included in the instrument of ratification:</p><p> The United States understands that the Protocol does not apply to non-native species, defined as species found outside of their natural geographic distribution, as a result of deliberate or incidental human intervention. Therefore, in the United States, certain exotic species, such as the muscovy duck (<i>Carina moschata</i>) and the common iguana (<i>Iguana iguana</i>), are not covered by the obligations of the Protocol.</p><p><b>Section 4. Declaration</b></p><p><b></b>The advice and consent of the Senate under section 1 is subject to the following declaration:</p><p> Existing federal legislation provides sufficient legal authority to implement United States obligations under the Protocol. Accordingly, no new legislation is necessary in order for the United States to implement the Protocol.</p><p></p></body></html> |
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