CONVENTION ON CONSERVATION OF NATURE IN THE SOUTH
PACIFIC
Apia, 12 June 1976
The Contracting Parties,
Having in mind the Principles set out in the Declaration
adopted by the United Nations Conference on the Human
Environment at Stockholm in June 1972;
Convinced of the urgency for action inspired by these
Principles, especially in relation to the maintenance of the
capacity of the earth to produce essential renewable natural
resources, the safeguarding of representative samples of
natural ecosystems, and the safeguarding of the heritage of
wildlife and its habitat;
Conscious of the importance of natural resources from a
nutritional, scientific, educational, cultural and aesthetic
point of view;
Conscious also of the dangers threatening these
irreplaceable resources;
Recognizing the special importance in the South Pacific
of indigenous customs and traditional cultural practices and
the need to give due consideration to such matters;
Desirous of taking action for the conservation,
utilization and development of these resources through
careful planning and management for the benefit of present
and future generations;
Have agreed as follows:
Article 1
For the purpose of this Convention:
a) "Protected area" means national park or national reserve;
b) "National park" means an area established for the
protection and conservation of ecosystems containing animal
and plant species, geomorphological sites and habitats of
special scientific, educative and recreational interest or a
natural landscape of great beauty, which is under the control
of the appropriate public authority and open to visits by the
public;
c) "National reserve" means an area recognized and controlled
by the appropriate public authority and established for
protection and conservation of nature, and includes strict
nature reserve, managed nature reserve, wilderness reserve,
fauna or flora reserve, game reserve, bird sanctuary,
geological or forest reserve, archaeological reserve and
historical reserve, these being reserves affording various
degrees of protection to the natural and cultural heritage
according to the purposes for which they are established.
Article II
1. Each Contracting Party shall, to the extent that it is
itself involved, encourage the creation of protected areas
which together with existing protected areas will safeguard
representative samples of the natural ecosystems occurring
therein (particular attention being given to endangered
species), as well as superlative scenery, striking geological
formations, and regions and objects of aesthetic interest or
historic, cultural or scientific value.
2. Each Contracting Party shall notify the body charged with
the continuing bureau duties under this Convention of the
establishment of any protected area and of the legislation
and the methods of administrative control adopted in
connection therewith.
Article III
1. The boundaries of national parks shall not be altered so
as to reduce their areas, nor shall any portions of such
parks be capable of alienation, except after the fullest
examination.
2. The resources of national parks shall not be subject to
exploitation for commercial profit, except after the fullest
examination.
3. The hunting, killing, capture or collection of specimens
(including eggs and shells) of the fauna and destruction or
collection of specimens of the flora in national parks shall
be prohibited, except when carried out by or under the
direction or control of the appropriate authorities or for
duly authorized scientific investigations.
4. Provision shall be made for visitors to enter and use
national parks, under appropriate conditions, for
inspirational, educative, cultural and recreative purposes.
Article IY
National reserves shall be maintained inviolate, as far
as practicable, it being understood that in addition to such
uses as are consistent with the purposes for which a national
reserve was established, permission may be given to carry out
scientific investigations.
Article V
1. The Contracting Parties shall, in addition to the
protection given to indigenous fauna and flora in protected
areas, use their best endeavours to protect such fauna and
flora (special attention being given to migratory species) so
as to safeguard them from unwise exploitation and other
threats that may lead to their extinction.
2. Each Contracting Party shall establish and maintain a list
of species of its indigenous fauna and flora that are
threatened with extinction. Such lists shall be prepared as
soon as possible after this Convention has come into force
and shall be communicated to the body charged with the
continuing bureau duties under this Convention.
3. Each Contracting Party shall protect as completely as
possible as a matter of special urgency and importance the
species included in the list it has established in accordance
with the provisions of the last preceding paragraph. The
hunting, killing, capture or collection of specimens
(including eggs and shells) of such species shall be allowed
only with the permission of the appropriate authority. Such
permission shall be granted only under special circumstances,
in order to further scientific purposes or when essential for
the maintenance of the equilibrium of the ecosystem or for
the administration of the area in which the animal or plant
is found.
4. Each Contracting Party shall carefully consider the
consequences of the deliberate introduction into ecosystems
of species which have not previously occurred therein.
Article VI
Notwithstanding the provisions of Articles III, IV and V, a
Contracting Party may make appropriate provision for
customary use of areas and species in accordance with
traditional cultural practices.
Article VII
1. The Contracting Parties shall co-operate amongst
themselves in promoting the objectives of this Convention,
especially within the framework .of the South Pacific
Commission.
2. The Contracting Parties shall wherever practicable conduct
research relating to the conservation of nature. They shall
as appropriate co-ordinate such research with research
carried out by other Parties. They shall co-operate in the
exchange of information on the results of such research and
on the management of protected areas and of protected
species.
3. The Contracting Parties shall co-operate in the
interchange and training of personnel for the conservation of
nature.
4. The Contracting Parties shall work towards harmonization
of objectives relating to the conservation of nature.
5. With a view to attaining the objectives of this Convention
the Contracting Parties shall examine the possibility of
developing programmes of education and public awareness
relating to conservation of nature.
Article VIII
1. The Contracting Parties shall maintain consultations with
one another with the object of giving effect to the
provisions of this Convention.
2. The South Pacific Commission shall provide for the
continuing bureau duties under this Convention, including the
circulation to the Contracting Parties of information and
documents to be provided by the Parties under the provisions
of the Convention.
Article IX
A State may at the time of deposit of its instrument of
ratification, acceptance, approval or accession declare that
the provisions of this Convention on conservation of nature
in the South Pacific do not apply to its territories outside
the territorial scope of the South Pacific Commission.
Article X
This Convention shall be open for signature at Apia until
31 December 1977 by all States members of the South Pacific
Commission or eligible to be invited to become members of
that Commission.
Article XI
This Convention shall be subject to ratification,
acceptance or approval. Instruments of ratification,
acceptance or approval shall be deposited with the Government
of the Independent State of Western Samoa which shall be the
Depositary.
Article XII
This Convention shall be open indefinitely for accession
by the States referred to in Article X and by other States
which are unanimously invited by the Contracting Parties to
accede to it. Instruments of accession shall be deposited
with the Depositary.
Article XIII
1. This Convention shall enter into force ninety days after
the date of deposit of the fourth instrument of ratification,
acceptance, approval or accession with the Depositary.
2. For each State which ratifies, accepts or approves this
Convention or accedes thereto after the deposit of the fourth
instrument of ratification, acceptance, approval or
accession, the Convention shall enter into force ninety days
after the deposit by such State of its instrument of
ratification, acceptance, approval or accession.
Article XIV
Any Contracting Party may denounce this Convention by
written notification to the Depositary at any time after five
years from the date of entry into force of the Convention.
The denunciation shall take effect twelve months after the
Depositary has received the notification.
Article XV
1. The original of this Convention in the English and French
languages, each version being equally authentic, shall be
deposited with the Depositary, which shall transmit certified
copies thereof to all States that have signed it or deposited
instruments of accession to it.
2. The Depositary shall inform all signatory and acceding
States of signatures, deposits of instruments of
ratification, acceptance, approval or accession, entry into
force of this Convention, and notifications of denunciation.
3. The Depositary shall transmit certified copies of this
Convention to the Secretary-General of the United Nations for
registration and publication in accordance with Article 102
of the Charter of the United Nations.
IN WITNESS WHEREOF the undersigned, being duly authorized
by their Governments, have signed this Convention.
Done at Apia this twelfth day of June One Thousand Nine
Hundred and Seventy-Six.