EXTINCTION AND THEIR ENVIRONMENTEXTINCTION AND THEIR ENVIRONMENT

EXTINCTION AND THEIR ENVIRONMENT

The Government of Australia and the Government of Japan,

Considering that birds constitute an important element in the natural environment and play an essential role in enriching the natural environment and that this role may be enhanced by proper management thereof,

Recognising the special international concern, as expressed, for example, at the United Nations Conference on the Human Environment, for the protection of migratory birds and birds in danger of extinction,

Noting the existence of bilateral and multilateral agreements for the protection of migratory birds and birds in danger of extinction,

Considering that many species of birds migrate between Australia and Japan and live seasonally in the respective countries and that there are certain species of birds which are in danger of extinction and also that co-operation between the two Governments is essential for the conservation of these birds, and

Desiring to co-operate in taking measures for the management and protection of migratory birds and birds in danger of extinction and also for the management and protection of their environments,

Have agreed as follows:

Article I

1. In this Agreement, the term "migratory birds" means:

(a) the species of birds for which there is reliable evidence of migration between the two countries from the recovery of bands or other markers; and

(b) the species of birds with subspecies common to both countries or, in the absence of subspecies, the species of birds common to both countries (excepting those whose non-migratory nature is biologically evident). The identification of these species and subspecies shall be based upon specimens, photographs or other reliable evidence.

2. (a) The list of the species defined as migratory birds in accordance with paragraph 1 of this Article is contained in the Annex to this Agreement.

(b) The competent authorities of the two Governments shall review from time to time the Annex and, if necessary, make recommendations to their respective Governments to amend it.

(c) The Annex shall be considered amended three months after the date upon which the two Governments confirm, by an exchange of diplomatic notes, their respective acceptance of such recommendations.

Article II

1. Each Government shall prohibit the taking of migratory birds or their eggs. However, exceptions to the prohibition of taking may be permitted in accordance with the laws and regulations in force in each country in the following cases:

(a) for scientific, educational, propagative or other specific purposes not inconsistent with the objectives of this Agreement;