Activity 2: National Implementation and Enforcement

Below are the global and regional obligations in this activity:
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General obligations

Relevant obligations and commitments

Component 1: for vulnerable or protected areas

Directly relevant obligations and commitments

Indirectly relevant obligations and commitments

  • 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
  • Ensure that appropriate legal, scientific, technical, administrative and financial measures are implemented for the protection, conservation, presentation and rehabilitation of natural heritage sites, WHC Article 5d
  • Curb the illegal exploitation and trade of resources from protected areas, CBD Decision VII/28, 21
Component 2: for the marine and coastal environment

Directly relevant obligations and commitments

  • Facilitate effective implementation of Integrated Marine and Coastal Area Management by ensuring effective enforcement of legislation, CBD Decision VIII/22, 3f SEE COMMENTARY 7
  • Develop, apply and strengthen measures to enforce environmental protection legislation in relation to oil pollution at sea, in freshwater systems and on land, CMS Resolution 7.3, 1c
  • Enforce existing policies and legislation to suspend any promotion, creation of new facilities, or expansion of unsustainable aquaculture activities harmful to wetlands, Ramsar Resolution IX.4, 32 - SEE COMMENTARY 8
  • Establish and/or strengthen administrative arrangements for the development of integrated management of marine and coastal ecosystems, plans and strategies for marine and coastal areas, CBD Decision II/10, 3
  • Adopt measures to ensure the natural quality and quantity of water supply to wetlands: Ramsar Recommendation 2.3, Annex

Indirectly relevant obligations and commitments

Component 3: for marine and coastal species

Directly relevant obligations and commitments

  • Do not allow trade in specimens of species included in Appendices I, IIand III except in accordance with the provisions of the present Convention, CITES Article II,4 SEE COMMENTARY 10
  • Ensure the application of the provisions of the ICRW Convention and the punishment of infractions by persons or by vessels under national jurisdiction, ICRW Article IX,1
  • Establish effective enforcement, and control of fishing vessels, including by flag States, to further the International Plan of Action on IUU Fishing, WSSD Plan of Implementation, 31d
  • Implement and enforce conservation and management measures for straddling fish stocks and highly migratory fish stocks, through effective monitoring, control and surveillance, UNFSA Article 5l
  • Ensure compliance by vessels flying under national flags with the conservation and management measures adopted and in force with respect to fisheries on the high seas, UNGA Resolution 63/112, 4
  • Give much greater emphasis to the implementation of CITES Article IV , paragraph 3 , when permitting the export of corals and adopt the principles and practice of an ecosystem approach, rather than relying on the monitoring of exports alone, CITES Resolution 11.10 (Rev COP14)
  • Comply fully with all existing obligations, combat IUU fishing and urgently to take all necessary steps to implement the International FAO Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, UNGA Resolution 63/112, 42– SEE COMMENTARY 11
  • Exercise effective control over nationals, including beneficial owners, and vessels flying national flag, in order to prevent and deter IUU fishing, UNGA Resolution 63/112, 43
  • Deter the activities, including illegal, unreported and unregulated fishing, of any vessel which undermines conservation and management measures , UNGA Resolution 63/112, 44
  • Ensure that factory ships and processing plants under your jurisdictions comply with the provisions established within the framework of IWC, IWC Schedule Article 2 to 5
  • Prohibit violations of the requirements of the BWM Convention and establish sanctions under national law, and follow up violations, BWM Convention Article 8,2 – SEE COMMENTARY 12

Indirectly relevant obligations and commitments


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Author Commentary 1

CBD Decision VII/12, 2 and CBD Decision VII/12, Annex II : Practical principle 3 of the Addis Ababa Principles and Guidelines for Sustainable Use of Biodiversity asks for identification and removal or mitigation of international and national policies, laws and regulations that distort markets, which contribute to habitat degradation or otherwise generate perverse incentives. Practical principle 10 states that international and national policies should take into account current and potential values derived from the use of biodiversity, intrinsic and other non-economic values of biodiversity, and market forces affecting the values and use.

Author Commentary 2

Ramsar Resolution VIII.24, 4 : The UNEP guidelines are available at on the background pages of this website.

Author Commentary 3

Ramsar Resolution VII/6, 10 and Ramsar Resolution VII/7, 6 both ask for application of the Guidelines for reviewing laws and institutions (see Ramsar Resolution VII/7, Annex ) and are almost identical.

Author Commentary 4

Ramsar Resolution VII/7, 6 and Ramsar Resolution VII/7, Annex : The Guidelines for reviewing laws and institutions to promote the conservation and wise use of wetlands address the purpose of a legal and institutional review, preparing for and carrying out the legal and institutional review.

Author Commentary 5

Ramsar Resolution VII/12, 22 : The Guidelines on management planning for Ramsar sites and other wetlands have been superseded by the New Guidelines for management planning for Ramsar sites and other wetlands, which can be found at Ramsar Resolution VIII.14, Annex .

Author Commentary 6

Ramsar Resolution VII.15, 12 : The Guidelines for developing and implementing National Wetland Policies are included in Ramsar Resolution VII.6, Annex .

Author Commentary 7

Including by raising awareness among law enforcement agencies about the importance of sustainable use of coastal and marine resources and the importance of promoting compliance and apprehending offenders - The development of IMCAM included in the CBD Programme of Work on Marine and Coastal Biodiversity, CBD VII/5, Annex I, Programme element 1

Author Commentary 8

Ramsar Resolution IX.4, 32 : The provision refers to Ramsar Resolution VII.21 on intertidal wetlands.

Author Commentary 9

CBD Decision V/6, 2 , CBD Decision V/6, Annex contains a description and the 12 principles of as well as five points of operational guidance on the ecosystem approach. CBD Decision VII/11, Annex contains suggested annotations to the rationale of and implementation guidelines for the ecosystem approach.

Author Commentary 10

Relevant provisions are included in Articles III toV, Article X and Article XIV,4of the CITES Convention. Note that these articles include specific provisions regarding introduction from the sea of species included in the CITES Appendices.

Author Commentary 11

The FAO IpoA on IUU fishing can be found on the FAO website, http://www.fao.org/fishery/ccrf/2,3//en

Author Commentary 12

The sanctions provided for by the laws of a Party pursuant to this Article should be adequate in severity to discourage violations