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Act of Publication to
the Official Journal of the Convention of collaboration between
the Ministry of Defence and the Government of the Canary Islands
relating to the measures that need to be taken in order to avoid
mass backed whale strandings such as those occurred in the Islands
of Fuerteventura and Lanzarote in September 2004.
- The Convention -
The Parties,
(…)
Explanatory
Having regard to:
I. (…)
II.
The present policy of the Ministry of Defence relating to the
conservation and protection of the environment is based on the
concept of sustainable development, meaning that technological
development should be compatible with the respect for nature. This
policy includes the prevention and the struggle against pollution
of the environment embracing, among others, measures that aim to
reduce pollution, to limit noise and toxic emanations and to
control and evaluate consequences of damage to nature caused by
military activities.
III.
On the 24 September 2002 and during the following days, mass
strandings of several species of cetaceans of the family of the
beaked whale (ziphioides) occurred on the Islands of Fuerteventura
and Lanzarote. Theses strandings coincided with military
manoeuvres carried out within the same zone.
IV.
The Ministry must investigate the impact of
military exercises such as the use of active sonars on cetacean
population.
V.
It is in the interest of the population, of the Government of the
Canaries and of the Ministry of Defence to coordinate
investigations into the possible causes of death of the beaked
whales among themselves.
VI.
After the mass strandings a Permanent Committee for Investigation
was set up, with the aim of understanding the aforementioned
causes. The Committee was made up of delegates from the following
bodies:
-
Former “Council of territorial policy and environment”,
today called, “Council for Environment and Territorial management
(Directorate General of the Natural Environment) of the Canaries
Government”
-
Naval Command of the Canaries
-
Hydrographical Institute of the Marina
-
Canaries Institute for Marine sciences
-
University of Las Palmas de Grand Canaria, Department of
Morphology - Unity of Pathologic anatomy, either from the School
of Veterinary studies or the Vice-rectorate for investigation
within the mentioned University.
-
University of Laguna, Department of Marine Biology
-
Society for the studies of cetaceans of the Archipelago
Canario (SECAC).
-
Cabildo de Gran Canaria’s Wild Fauna Rescue Centre
VII. After one year
of activity, the Committee ended its works and came to the
following conclusions:
1.
Recognizing,
on the basis of the provided data, the existence of a permanent
population of beaked whales (ziphioides) on the Southeast coasts
of the Island of Fuerteventura.
2.
Whereas,
the epidemiological and pathological results of the strandings
concluded that there was scientific evidence of the existence of
an embolic (gas and/or fat) mechanism associated with the exposure
of the ziphioides to some active sonars.
3.
It is stated
that ziphioides, due to their biological, anatomical,
physiological and ecological characteristics are particularly
sensitive to loud emissions of acoustic energy.
4.
At the present stage, there isn’t any conclusive data
concerning the range of frequencies and intensity the
above-mentioned mechanisms produce.
5.
Whereas,
information is missing on the behaviour of this family [of
cetaceans], within its natural environment, and of its levels
of distribution in other parts of the Archipelago of the
Canaries.
6.
Whereas,
it is stated that the studied zone has particular oceanographical
characteristics which include a deep acoustic canal and an aquatic
flora rich in nutriments.
VIII.
For all the reasons mentioned above, and until the harmful
frequencies and intensities are known, the Committee recommends:
1.
To define a zone in which the use of active
antis-submersible sonars is prohibited.
2.
To apply a certain form of protection to this zone.
3.
Carry out detailed studies in other parts of the
Archipelago, wherein special protection would be needed. For this
purpose, it is recommended, to include, to the National Plan for
R&D a chapter dedicated to the biological, physiological, sanitary
and pathological characteristics and the national distribution of
these cetaceans.
4.
Work on (modelling and systems) the acoustic
characteristics that define the frequency and intensity ranges,
which have harmful effects on ziphioides.
5.
Until the data is known, apply the precautionary principle
to its maximum extent, which would allow responsible decisions to
be made and thus avoid harming biodiversity.
Clauses
The Parties have
decided to:
Article 1- Aim of the
Convention
This Convention
establishes the basic conditions of the collaboration between the
Ministry of Defence and the Government of the Canary Islands with
the aim of putting into practice the recommendations for measures
to be taken by the permanent committee in the view of the
investigation into the mass beaked whale strandings which occurred
on the 24 September 2002 and later on the Islands of Fuerteventura
and Lanzarote to avoid such occurrences in the future.
Article 2 – Measures to be taken
1.
The Ministry of Defence, coordinating with the Government
of the Canary Islands, will proceed to the definition of a zone
within which the use of anti-submersible active sonars is
prohibited without prejudice to the needs of the national defence
for specific cases.
2.
The Government of the Canaries will study and carry out the
needed initiatives in order that this maritime zone should receive
adequate protection for the management of its resources and for a
better protection of nature within.
3.
The Permanent Committee for Investigations, set up in
article 3 of the present Convention, will carry out biological,
anatomico-patological, physiological, oceanographical and acoustic
studies in the Archipelago of the Canaries with the purpose of
giving recommendations on whether it is necessary to take special
measures of protection in defined zones and to define the margins
of the frequencies and intensities which could cause injury to the
beaked whales.
4.
The Ministry of Defence and the government of the Canaries,
until the results of the above mentioned studies are known, agree
to apply the precautionary principle as far as possible, which
would allow responsible decisions to be made and thus avoid
harming biodiversity.
5.
The operational use of
Marine’s devices will take precedence over the predictable
(expected?)
use of these devices within the investigation proceedings
motivated by the present Convention.
(Please check the Spanish version – the meaning of this sentence
is not really clear).
6.
The studies and investigations that are the object of the
present convention will be defined by the Council for Environment
and Territorial management of the Canaries government, through the
Directorate general of Natural Environment.
Article 3. Permanent
Committee for investigations
To ensure the efficient
implementation of the objectives of the present convention and the
measures laid down above, a Permanent committee for investigations
will be set up as follows:
-
The committee is made up of two delegates of
the Council for Environment and Territorial management, one of
them acting as the president, the other as the Secretary of the
Committee.
-
One delegate from the University of Las
Palmas de Grand Canaria, Department of Morphology - Unity of
Pathologic anatomy, either from the School of Veterinary studies
or the Vice-rectorate for investigation within the mentioned
University.
-
One delegate of the University of Laguna,
Department of Marine Biology
-
One delegate form the Canaries Institute for
Marine sciences
-
One delegate from the Society for the studies
of cetaceans of the Archipelago Canario (SECAC).
-
Three delegates form the Marine, to be
designated by the Chief Admiral of the General Staff of the
Marine.
Article 4. Monitoring
Commission
A Commission for the monitoring is set up and
is made up of:
-
Two delegates from the Council for environment
and territorial management of the Government of the Canaries
Islands.
-
Two delegates of the Ministry of Defence.
The chair of this Commission is held by
semesterial rotation of the designated delegates of each Party.
The rotation will start with the chair of the Council for
Environment and Territorial management of the Canaries government.
The missions of this commission are to resolve
the problems of interpretation and of fulfilment, which could
occur with respect to the present Convention.
The Monitoring Commission will meet at any time
whenever necessary, on the request of any of the Parties.
(..)
Article 5. Funding and form of the
contributions to payment
The costs of the investigations, targeted by
the present convention, are estimated to a maximum of 360.607 EUR,
which will be totally financed by the Ministry of Defence.
(…) On the modalities of transfer of the funds
from the Ministry to the Council.
Article 6. Duration and Extension of the
term of the Convention
The duration of the present Convention will be
extended until December 2004, with the possibility of annual
renewal following mutual agreement of the Parties and with the
inclusion of an addendum mentioning the Parties’ express request
for renewal of the measures to be taken and the costs that each
Party would assume.
Article 7. Causes of
extinction
(…)
Article 8. Legal nature
The present Convention has an administrative
nature, thus its interpretation and implementation are ruled under
the jurisdiction of the administrative courts. (..)
.........
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