Activity 1: Develop, review and enforce legislation
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Below are the global and regional obligations in this activity:
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Component 1: Develop, review and enforce legislation
Directly relevant obligations and commitments
- Review impediments, particularly social, legal and fiscal, to the conservation of wetlands: Ramsar Recommendation 2.3, Annex, 2.1
- Review legislation, policies and practices that may be impacting negatively on mountain wetlands: Ramsar Resolution VIII.12, 17
- Review national laws, policies and incentives and develop national strategies for peatlands: Ramsar Resolution VIII.17, 13
- Recognize cultural and heritage values relating to wetlands in the legal framework and policies of heritage protection: Ramsar Resolution VIII.19, 20
- Make use of the assistance that the UNEP Guidelines on compliance with multilateral environmental agreements, and those for national enforcement of laws implementing multilateral environmental agreements, provide: Ramsar Resolution VIII.24, 4 SEE COMMENTARY 1
- Apply the Guidelines for reviewing laws and institutions to promote the conservation and wise use of wetlands: Ramsar Resolution VII.6, 10 SEE COMMENTARY 2
- Give highest priority to the Guidelines for reviewing laws and institutions to promote the conservation and wise use of wetlands: Ramsar Resolution VII.7, 6 and Ramsar Resolution VII.7, Annex SEE COMMENTARY 2 and 3
- Create the legal and policy context to facilitate indigenous people’s and local communities’ involvement in decision-making for the sustainable use of wetlands: Ramsar Resolution VII.8, 15
- Review existing legal and institutional measures and adopt legislation and programmes to prevent the introduction of alien species: Ramsar Resolution VII.14, 18d
- When reviewing approaches to restoration, address legislation, incentives for wetland conservation, impact assessment and transboundary action: Ramsar Resolution VII.17, 13
- Establish legal and administrative structures for the applications of management plans for Ramsar sites: Ramsar Resolution 5.7
- Review the legal mechanisms to ensure that there are adequate measures for wetland nature reserves: Ramsar Recommendation 4.4
Indirectly relevant obligations and commitments
- Take legislative, administrative or policy measures with the aim to provide access to genetic resources and transfer of technology: CBD Article 16, 3
- Take legislative, administrative or policy measures with the aim that the private sector facilitates access to, joint development and transfer of technology relevant to biodiversity: CBD Article 16, 4
- Carry out national wildlife policy review to understand the effects of polices on international wildlife trade: CITES Decision 14.21
- Share lessons learned from review of wildlife policy reviews with other countries: CITES Decision 14.22
- Empower local users of biodiversity to be responsible and accountable for use of the resources concerned: CBD Decision VII/12, 2 and CBD Decision VII/12, Annex II (Addis Ababa Principles and Guidelines for the Sustainable Use of Biodiversity) SEE COMMENTARY 4
- Enhance the legal, policy, institutional, and economic framework for mountain biodiversity: CBD Decision VII/27, 2 and CBD Decision VII/27, Annex (Programme of work on mountain biodiversity) SEE COMMENTARY 5
- Address the effectiveness of forest-related laws and their enforcement: CBD Decision VI/22, 30
- Develop good governance practices, review and implement forest-related laws, tenure and planning systems: CBD Decision VI/22, 11 and CBD Decision VI/22, Annex (Expanded programme of work on forest biodiversity) SEE COMMENTARY 6
- Promote forest law enforcement and address related trade: CBD Decision VI/22, 11 and CBD Decision VI/22, Annex (Expanded programme of work on forest biodiversity) SEE COMMENTARY 6
- Develop, apply and strengthen comprehensive environmental protection legislation in relation to oil pollution: CMS Resolution 7.3, 1b
- Develop, apply and strengthen enforcement of environmental protection legislation in relation to oil pollution: CMS Resolution 7.3, 1c
- Take legal, scientific, technical, administrative and financial measures to protect the heritage: WHC Operational Guidelines I.C, 15f
- Make sure that legislative and regulatory measures assure the survival of the World Heritage properties and its protection against change that might negatively impact the outstanding universal value: WHC Operational Guidelines II.F, 98
- Enforce National Laws and regulations in respect of territory and territorial waters: CLVFO Article, XII ii
- Enforce National Laws and regulations in respect of Fish landed: CLVFO Article, XII iii
Component 2: Develop, review and enforce species-related legislation
Directly relevant obligations and commitments
- Each Party to take appropriate and necessary legislative and administrative measures to ensure the conserva¬tion of the habitats of the wild flora and fauna species and the conservation of endangered natural habitats: Bern Convention, Article 4 (1)
- Curtail illegal fishing of and trade in sturgeon and paddlefish by improving existing laws: CITES Resolution 12.7 (rev. COP 13)
- Regulate trade in sturgeon products by a range of measures: CITES Resolution 12.7 (rev. COP 13) a)-j)
- Regarding catch and export quotas for Acipenseriformes, implement a number of measures: CITES Resolution 12.7 (rev. COP13) a) i)-iv) +b)
- Implement the labelling of caviar: CITES Resolution 12.7 (rev. COP13)
- Enhance and increase enforcement regarding existing legislation on trade in Asian tortoises and freshwater turtles: CITES Resolution 11.9 (rev. COP13)
- Enact legislation to protect and manage Asian tortoises and freshwater turtles appropriately: CITES Resolution 11.9 (rev. COP13)
- Each Party to take appropriate and necessary legislative and administrative measures to ensure the conserva¬tion of the habitats of the wild flora and fauna species and the conservation of endangered natural habitats: Bern Convention, Article 4 (1)
- Take measures at national and international levels suitable for the harmonisation of laws, policies and programmes of fisheries: SADC Protocol on Fisheries Article, V 1
- Adopt Measures to ensure that National and Juridical Persons act in a responsible manner in the use of aquatic resources: SADC Protocol on Fisheries Article, V 2
- Take appropriate measures to regulate the use of aquatic resources and protect the resources against exploitation: SADC Protocol on Fisheries Article IV iii.
- Finalise fisheries acts and fishing regulations: COMESA DECISION 11/110.
Indirectly relevant obligations and commitments
- Develop or maintain legislation and/or other regulatory provisions for the protection of threatened species: CBD Article 8k
- Consider invasive species when developing national legislation and regulations dealing with trade in animals or plants: CITES Resolution 13.10
- Provide immediate protection for migratory species of Appendix I: CMS Article II, 3b
- Include measures in legislation and other provisions for planning and consenting electricity transmission lines and towers in order to minimise electrocution of birds: CMS Resolution 7.4, 2
- Range States of Appendix I species: Prohibit the taking of animals of these species, with specific exceptions and inform the Secretariat of those exceptions: CMS Article III, 5+7
- Accede to and implement the Convention on International Trade in Endangered Species of Wild Fauna and Flora: CBD Decision VIII/1, 1 and CBD Decision VIII/1, Annex SEE COMMENTARY 6a
- Develop and enforce measures to stop illegal and unregulated harvesting and trading of endangered species: CBD Decision VIII/1, 1 and CBD Decision VIII/1, Annex SEE COMMENTARY 6b
- Manage trade in non-CITES species: CBD Decision VIII/1, 1 and CBD Decision VIII/1, Annex SEE COMMENTARY 6c
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