ARTICLE V The taking of nests or eggs of migratory game or insectivorous or nongame birds shall be prohibited, except for scientific or propagating purposes under such laws or regulations as the High Contracting Powers may severally deem appropriate. ARTICLE VI The High Contracting Powers agree that the shipment or export of migratory birds or their eggs from any State or Province, during the continuance of the close season in such State or Province, shall be prohibited except for scientific or propagating purposes, and the international traffic in any birds or eggs at such time captured, killed, taken, or shipped at any time contrary to the laws of the State or Province in which the same were captured, killed, taken, or shipped shall be likewise prohibited. Every package containing migratory birds or any parts thereof or any eggs of migratory birds transported, or offered for transportation from the United States into the Dominion of Canada or from the Dominion of Canada into the United States, shall have the name and address of the shipper and an accurate statement of the contents clearly marked on the outside of such package. ARTICLE VII Permits to kill any of the above-named birds which, under extraordinary conditions, may become seriously injurious to the agricultural or other interests in any particular community, may be issued by the proper authorities of the High Contracting Powers under suitable regulations prescribed therefor by them respectively, but such permits shall lapse, or may be cancelled, at any time when, in the opinion of said authorities, the particular exigency has passed, and no birds killed under this article shall be shipped, sold or offered for sale. ARTICLE VIII The High Contracting Powers agree themselves to take, or propose to their respective appropriate law-making bodies, the necessary measures for insuring the execution of the present Convention. ARTICLE IX The present Convention shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by His Britannic Majesty. The ratifications shall be exchanged at Washington as soon as possible and the Convention shall take effect on the date of the exchange of the ratifications. It shall remain in force for fifteen years and in the event of neither of the High Contracting Powers having given notification, twelve months before the expiration of said period of fifteen years, of its intention of terminating its operation, the Convention shall continue to remain in force for one year and so on from year to year. In faith whereof, the respective Plenipotentiaries have signed the present Convention in duplicate and have hereunto affixed their seals. Done at Washington this sixteenth day of August, one thousand nine hundred and sixteen. ROBERT LANSING CECIL SPRING RICE Protocol Amending the Convention of August 16, 1916 for the Protection of Migratory Birds in Canada and the United States of America, Ottawa, 1979 Done at Ottawa 30 January 1979 Primary source citation: Senate Executive W, PROTOCOL AMENDING THE CONVENTION OF AUGUST 16, 1916 FOR THE PROTECTION OF MIGRATORY BIRDS IN CANADA AND THE UNITED STATES OF AMERICA The Government of Canada and the Government of the United States of America, Desirous of amending the Migratory Birds Convention signed at Washington on August 16, 1916, Have agreed as follows: ARTICLE I Article 2 of the Convention of August 16, 1916 for the Protection of Migratory Birds in Canada and the United States is amended by adding the following additional paragraph: "Notwithstanding any other provision of this Convention, the High Contracting Powers may, without prejudice to those rights accorded to Indians by sub-paragraph 1 of the first paragraph of this Article and to Eskimos and Indians by sub-paragraph 3 of the said first paragraph, authorize by statute, regulation, or decree the taking of migratory birds and the collection of their eggs by the indigenous inhabitants of the State of Alaska and the Indians and Inuit of Canada for their own nutritional and other essential needs (as determined by the competent authority of each High Contracting Power), during any period of the year in accordance with seasons established by the competent authority of each High Contracting Power respectively, so as to provide for the preservation and maintenance of stocks of migratory birds." ARTICLE II This Protocol shall be subject to ratification. It shall enter into force on the date of exchange of instruments of ratification which shall take place at Washington as soon as possible. IN WITNESS WHEREOF the undersigned, being duly authorized for this purpose by their respective Governments, have signed the present Protocol. DONE in duplicate at Ottawa this 30th day of January, 1979 in the English and French languages, each version being equally authentic. [Seal] [Seal] [Signature] For the Government of Canada Cecil D. Andrus For the Government of the Memorandum of Intent Between the Government of the United States of America and the Government of Canada Concerning Transboundary Air Pollution, Washington, 1980 Done at Washington 5 August 1980 Entered into force 5 August 1980 Primary source citation: 32 UST 2521, TIAS 9856 MEMORANDUM OF INTENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF CANADA CONCERNING TRANSBOUNDARY AIR POLLUTION The Government of the United States of America and the Government of Canada, Share a concern about actual and potential damage resulting from transboundary air pollution, (which is the short and long range transport of air pollutants between their countries), including the already serious problem of acid rain; Recognize this is an important and urgent bilateral problem as it involves the flow of air pollutants in both directions across the international boundary, especially the long range transport of air pollutants; Share also a common determination to combat transboundary air pollution in keeping with their existing international rights, obligations, commitments and cooperative practices, including those set forth in the 1909 Boundary Waters Treaty, the 1972 Stockholm Declaration on the Human Environment, the 1978 Great Lakes Water Quality Agreement, and the 1979 ECE Convention on Long Range Transboundary Air Pollution; Undertook in July 1979 to develop a bilateral cooperative agreement on air quality which would deal effectively with transboundary air pollution; Are resolved as a matter of priority both to improve scientific understanding of the long range transport of air pollutants and its effects and to develop and implement policies, practices and technologies to combat its impact; Are resolved to protect the environment in harmony with measures to meet energy needs and other national objectives; Note scientific findings which indicate that continued pollutant loadings will result in extensive acidification in geologically sensitive areas during the coming years, and that increased pollutant loadings will accelerate this process; Are concerned that environmental stress could be increased if action is not taken to reduce transboundary air pollution; Are convinced that the best means to protect the environment from the effects of transboundary air pollution is through the achievement of necessary reductions in pollutant loadings; Are convinced also that this common problem requires cooperative action by both countries; Intend to increase bilateral cooperative action to deal effectively with transboundary air pollution, including acid rain. In particular, the Government of the United States of America and the Government of Canada intend: 1. to develop a bilateral agreement which will reflect and further the development of effective domestic control programs and other measures to combat transboundary air pollution; to facilitate the conclusion of such an agreement as soon as possible; and, 2. 3. pending conclusion of such an agreement, to take interim actions available under current authority to combat transboundary air pollution. The specific undertakings of both Governments at this time are outlined below. INTERIM ACTIONS 1. Transboundary Air Pollution Agreement Further to their Joint Statement of July 26, 1979, and subsequent bilateral discussions, both Governments shall take all necessary steps forthwith: 2. 3. (a) (b) to establish a United States/Canada Coordinating Committee which will undertake preparatory discussions immediately and commence formal negotiations no later than June 1, 1981, of a cooperative agreement on transboundary air pollution; and to provide the necessary resources for the Committee to carry out its work, including the working group structure as set forth in the Annex. Members will be appointed to the work groups by each Government as soon as possible. Control Measures To combat transboundary air pollution both Governments shall: (a) (b) develop domestic air pollution control policies and strategies, and as necessary and appropriate, seek legislative or other support to give effect to them; promote vigorous enforcement of existing laws and regulations as they require limitation of emissions from new, substantially modified and existing facilities in a way which is responsive to the problems of transboundary air pollution; and (c) share information and consult on actions being taken pursuant to (a) and (b) above. Notification and Consultation Both Governments shall continue and expand their long-standing practice of advance notification and consultation on proposed actions involving a significant risk or potential risk of causing or increasing transboundary air pollution, including: (a) proposed major industrial development or other actions which may cause significant increases in transboundary air pollution; and |