Mauritius fody (Foudia rubra) Cape vulture (Gyps coprotheres) Swynnerton's forest robin (Swynnertonia swynnertoni) Long-billed apalis (Apalis moreaui) Seychelles kestrel (Falco araea) Seychelles scops owl (Otus insularis) Seychelles swiftlet (Collocalia elaphra) Seychelles black paradise flycatcher (Terpsiphone corvina) Seychelles white-eye (Zosterops modestus) Somalia pigeon (Columba oliviae) Ash's lark (Mirafra ashi) Somali long-clawed lark (Heteromirafra archeri) Warsangli linnet (Acanthis johannis) Shoebill (Balaeniceps rex) Nduk eagle owl (Bubo vosseleri) Uluguru bush-shrike (Malaconotus alius) Usambara ground robin (Dryocichloides montanus) Kungwe apalis (Apalis argentea) Mrs. Moreau's warbler (Bathmocercus winifredae) REPTILES Olive ridley turtle (Lepidochelys olivacea) Leatherback turtle (Dermochelys coriacea) Serpent island gecko (Cyrtodactylus serpensin sula) Round island day gecko (Phelsuma guentheri) Skink (Gongylomorphus bojerii) Round island hoa (Bolyeria multocarinata) Round island keel-scaled boa (Casarea dussumieri) MOLLUSCS Triton's trumpet (Charonia tritonia) CRUSTACEANS Coconut crab (Birgus latro) CNIDARIANS Black coral (Antipathes dichotoma) Whip coral (Cirrhipathes spp.) INSECTS Tenebrionid beetle (Pulposipus herculeanus) ANNEX III Harvestable species of wild fauna requiring protection Cane rats (Thryonomys spp.) African Elephant (Loxodonta africana) Rock hyrax (Procavia capensis) Yellow-spotted hyrax (Heterohyrax brucei) Hippopotamus (Hippopotamus amphibius) Bush pig (Potamochaerus porcus) Lesser kudu (Tragelaphus imberbis) Common waterbuck (Kobus ellipsiprymnus) Topi (Damaliscus korrigum) Lichtenstein's hartebeest (Alcelaphus lichtensteini) Wildebeest (Connochaetes taurinus) Impala (Aepyceros melampus) Grimm's duiker (Sylvicapra grimmia) Buffalo (Syncerus caffer) Spiny lobsters (Panulirus spp.) Green turtle (Chelonia mydas) Hawksbill turtle (Eretmochelys imbricata) ANNEX IV Protected migratory species MAMMALS Dugong (Dugong dugon) Humpback whale (Megaptera novaeangliae) REPTILES Green turtle (Chelonia mydas) Hawksbill turtle (Eretmochelys imbricata) Leatherback turtle (Dermochelys coriacea) Protocol Concerning Co-operation in Combating Marine Pollution in Cases of Emergency in the Eastern African Region, Nairobi, 1985 Done at Nairobi 21 June 1985 Not in force Primary source citation: Copy of text provided by the PROTOCOL CONCERNING CO-OPERATION IN COMBATING MARINE POLLUTION IN CASES OF EMERGENCY IN THE EASTERN AFRICAN REGION The Contracting Parties to the present Protocol, Being Contracting parties to the Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Eastern African region, done at Nairobi on 21 June 1985, Conscious that the use of the Eastern African region and adjacent areas for vessel traffic, oil production and refining activities poses the risk of major spillages of oil and other harmful substances and the subsequent serious threat to the marine and coastal environment and related interests of the States of the region, Noting the International Maritime Organization's Assembly Resolution A.448(XI) which recognizes that regional anti-pollution arrangements are a valuable and economical way of supplementing national arrangements for the effective combating of major spillages of oil and other harmful substances in cases of emergency, Recognizing that in the event of major spillages of oil and other harmful substances or threat thereof, prompt and effective action should be taken, initially at the local level, to mitigate the effects or eliminate the threat, Further recognizing that for major spillages mutual assistance, and in some cases, assistance from the international community at large will be required, and that such assistance should be organized in advance so as to be timely and effective, Aware of existing agreements and arrangements which have already been concluded in other regions for co-operation in dealing with spillages of oil and other harmful substances, Have agreed as follows: Article 1 DEFINITIONS For the purposes of this Protocol: (a) "Eastern African region" means the Convention area as defined in paragraph (a) of article 2 of the Convention. It shall also include the coastal areas of the Contracting Parties and their internal waters related to the marine and coastal environment; (b) "Convention" means the Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Eastern African Region; (c) "Organization" means the body referred to in paragraph (c) of article 2 of the Convention; (d) "Marine pollution incident" means a discharge or spillage of oil or other harmful substance into the marine environment, or a significant threat of such a discharge or spillage, however caused, of a magnitude that requires emergency action or other immediate response for the purpose of minimizing its effects or eliminating the threat; (e) "Oil" means petroleum in any form including crude oil, fuel oil, sludge, oil refuse and refined products; "Harmful substances" means any substance other than oil which, if introduced into the sea creates hazards to human health, harms living resources and marine life, damages amenities or interferes with other legitimate uses of the sea; (g) "Related interests" means the interests of a Contracting Party directly affected or threatened by oil or other harmful substances and concerning, among others: (i) The health of the coastal population; (ii) Maritime, coastal, port or estuarine activities; (iii) Fishing activities and the conservation of natural resources; (iv) The historical and tourist appeal of the area in question, including water sports and recreation. Article 2 This Protocol applies to marine pollution incidents which have resulted in or which pose a significant threat of, pollution to the marine and coastal environment of the Eastern African region or which adversely affect the related interests of one or more of the Contracting Parties. Article 3 1. The Contracting Parties shall, within their capabilities, co-operate in taking all necessary measures, both preventive and remedial, for the protection of the marine and coastal environment of the Eastern African region from marine pollution incidents. 2. The Contracting Parties shall, within their capabilities, establish and maintain the means of responding to marine pollution incidents and shall endeavour to reduce the risk thereof. Such means shall include the enactment, as necessary, of relevant legislation, the preparation of contingency plans, the identification and development of the capability to respond to marine pollution incidents and the designation of a national authority with overall responsibility for the implementation of this Protocol. Article 4 EXCHANGE OF INFORMATION Each Contracting Party shall periodically exchange with the other Contracting Parties up-to-date information relating to the implementation of this Protocol, including the identity of the authorities responsible for such implementation, and information on their laws, regulations, institutions and operational procedures relating to the prevention of a marine pollution incident and to the means of reducing and combating the harmful effects of such incidents. Article 5 COMMUNICATION OF INFORMATION CONCERNING, AND REPORTING OF, MARINE POLLUTION INCIDENTS 1. Each Contracting Party shall establish appropriate procedures to ensure that information regarding marine pollution incidents is reported as rapidly as possible, and shall, inter alia: (a) Require its appropriate officials, masters of ships flying its flag and persons in charge of offshore facilities operating under its jurisdiction to report to it any marine pollution incident involving their ships or facilities; (b) Request masters of all ships and pilots of all aircraft operating in the vicinity of its coasts to report to it any marine pollution incident of which they are aware. 2. Guidelines to be followed in preparing the report to be made pursuant to paragraph 1 are given in the annex to this Protocol. 3. In the event of receiving a report regarding a marine pollution incident, a Contracting Party shall immediately notify all other Contracting Parties whose interests are likely to be affected by such an incident, as well as the flag state of any ship involved in it. The Contracting Party shall also inform the Organization and the competent international organizations. Furthermore, as soon as feasible, it shall inform such Contracting Parties, the Organization and competent international organizations of measures it has taken to minimize or reduce marine pollution or the threat thereof. Article 6 1. Each Contracting Party shall render assistance, within its available capabilities, to other Contracting Parties which request assistance of it in the event of a marine pollution incident, as appropriate, within the framework of joint response action agreed between or among the requesting and assisting Contracting Parties and taking into account, in the event of a marine pollution incident involving harmful substances other than oil, the available technology. 2. Each Contracting Party shall, subject to its laws and regulations, facilitate the movement into, through and out of its territory of technical personnel, equipment and material necessary for responding to a marine pollution incident. Article 7 Each Contracting Party shall, within its capabilities, take all necessary steps, including those outlined below, to respond to a marine pollution incident: (a) Make a preliminary assessment of the incident, including the type and extent of existing or likely pollution effects; |