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An IntroductionAn Introduction

Inter-American Conventionfor the Protection and

Conservation of Sea Turtles (IAC):

Inter-American Conventionfor the Protection and

Conservation of Sea Turtles (IAC):

September 2004

2 Inter-American Convention for the Protection and Conservation of Sea Turtles (IAC)

ContentsFOREWORD ...................................................................3I. SEA TURTLES IN THE AMERICAN CONTINENT:

A SHARED RESOURCE ............................................4II. SEA TURTLE POPULATIONS:

PRINCIPAL THREATS ..............................................7III. BEGINNING OF A CONTINENTAL EFFORT:

THE CONVENTION ..............................................11IV. THE PARTIES AND THEIR COMMITMENTS ..............12V. THE CONVENTION TODAY ...................................14VI. STEPS TOWARD THE FUTURE ................................16VII. SEA TURTLE SPECIES OF THE

AMERICAN CONTINENT ......................................19VIII. TEXT OF THE INTER-AMERICAN CONVENTION

FOR THE PROTECTION AND CONSERVATION

OF SEA TURTLES ................................................21REFERENCES ...............................................................34

PHOTOGRAPHS:RODERIC MAST – CONSERVATION INTERNATIONAL ......COVER, 2, 16 Y 36EDWARD E. CLARK ...................................... 3 , 22 Y 23SEBASTIAN TROËNG – CARIBBEAN CONSERVATION

CORPORATION ......................................................... 5CARIBBEAN CONSERVATION CORPORATION .................... 7CARIBBEAN CONSERVATION CORPORATION .................... 9MICHAEL P. JENSEN – UNIVERSITY OF AARHUS ........... 10PROJETO TAMAR – BRAZIL ..................................... 13ERIN E. SENEY ......................................................... 14RÁNDALL ARÁUZ – PRETOMA ............................... 17COMISIÓN INTERAMERICANA DEL ATÚN

TROPICAL (CIAT)........................................... 18A, BCARIBBEAN CONSERVATION CORPORATION ............ 21A, BLARISA AVENS .......................................................... 24© WWF-CANON / CAT HOLLOWAY ........................... 25SECRETARÍA CIT....................................................... 26JOHAN CHEVALIER ..................................................... 27MICHAEL P. JENSEN – UNIVERSITY OF AARHUS ........... 35


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SPONSORED BY:

PublicationEng/Sp

Redactionand diagrams

CONTACT INFORMATION:

FUNDACIÓN DE PARQUES NACIONALES

C/O PRO TEMPORE SECRETARIAT OF THE

IACP.O. BOX 1108-1002SAN JOSÉ, COSTA RICA

TEL. +506 257 2239FAX +506 222 4732

WORLD WILDLIFE FUND (WWF)TEL. +506 234 8434

http://www.wwfca.orgEMAIL: [email protected]

CARIBBEAN CONSERVATION CORPORATION C.F.I.TEL. +506 297 5510

WWW.CCCTURTLE.ORG

EMAIL: [email protected] and

Eng/Sp translation

AUTHORS:MARCO SOLANO

SEBASTIAN TROËNG

CARLOS DREWS

BELINDA DICK

EDITOR:JULIO MONTES DE OCA

LAYOUT:ALEJANDRO PACHECO

ENGLISH TRANSLATION:LUCINDA TAFT

IAC GRAPHICS ON THE COVER:ASOCIACIÓN ANAI AND WIDECAST

REFERENCE CITATION:IAC SECRETARIAT (2004). INTER-AMERICAN

CONVENTION FOR THE PROTECTION AND CONSERVATION

OF SEA TURTLES – AN INTRODUCTION, SEPTEMBER

2004.

PUBLISHED BY:PRO TEMPORE SECRETARIAT OF THE INTER-AMERICAN

CONVENTION FOR THE PROTECTION SND CONSERVATION OF

SEA TURTLES (IAC), SAN JOSÉ, COSTA RICA.http://[email protected]

MARCO SOLANO

PRO TEMPORE SECRETARY

[email protected]

An Introduction 3Una Introducción 3

Foreword

During its life cycle, a sea turtle can use the waters and coasts of several nations, as well asinternational waters. The wide ranges and long distances traveled by sea turtles are uniquetraits of these reptiles. Therefore, initiatives for protection, conservation and managementin one nation can be positively or negatively affected by activities in other nations.International cooperation is necessary for the successful conservation of sea turtles. TheInter-American Convention for the Protection and Conservation of Sea Turtle entered intoforce in 2001, as an opportunity for dialogue and action in the American continent toachieve harmonious management of these species that are currently threatened withextinction and have the potential to contribute to the development of coastal communities.

Turtles spend only a small part of their lives on the nesting beaches. The rest of the timethey make long migrations or remain in feeding areas. Studies carried out over many yearson nesting beaches and the experience acquired in this kind of habitat has helped developvery useful knowledge for the conservation and protection of sea turtles on land, but whatis happening to them where they spend the greater part of their lives? In many cases,incidental capture in fisheries and the direct take of these animals are causing seriousproblems for the conservation of their populations.

The development of outreach about the relevance of the Convention was included by theParties in the Work Plan of its Secretariat. This document aims to facilitate access to interestedParties about the content and legal aspects of the Inter-American Convention for theProtection and Conservation of Sea Turtles. It also intends to facilitate dialogue with otherinterested sectors, national and international organizations, civil society, private enterprise,scientists and coastal communities.

The future vision is that the Inter-American Convention for the Protection and Conservationof Sea Turtles be established as the leading international cooperative mechanism forachieving the efficient management and recovery of sea turtle populations in the Americancontinent, through ongoing participative, consensual work between its Parties, SubsidiaryBodies, private enterprise, local communities, non-governmental organizations, and otherplayers.

Marco Solano – Pro Tempore SecretariatInter-American Convention for the Protection and Conservation of Sea Turtles


The first sea turtles evolved approximately 110million years ago.1 This highly successfulgroup of animals survived the extinction ofthe dinosaurs and sea turtles currently inhabitall the oceans of the planet. Scientists considerthem to be indicator species, since the sizeand health of their populations gives anindication of the general health of the sea andcoasts.2 The Americas have nestingpopulations of six of the seven species of seaturtles that still occur in the world:

1. Leatherback turtle (Dermochelyscoriacea)

2. Green turtle, black turtle (Cheloniamydas)

3. Hawksbill (Eretmochelys imbricata)4. Loggerhead (Caretta caretta)5. Olive ridley (Lepidochelys olivacea)6. Kemp’s ridley (Lepidochelys kempii).

The coastal and pelagic waters around theAmerican continent provide numerousmigration corridors and extensive feedingareas for these six species. Although the seaturtle populations of the Americas remainedhealthy until 500 years ago3, all six speciesare now threatened. According to the Red Listof IUCN-The World Conservation Union, threeof them are endangered and three arecritically endangered.4

It is estimated that species such as the greenturtle have declined 37% to 61% since 18605

and the hawksbill, for example, has declinedmore than 80% in the last 105 years6.

The main cause for the drastic populationreduction of sea turtles is human exploitationof their eggs, meat, skin and shell. In recentdecades, additional threats to their survivalhave included incidental capture in long linefisheries, drift nets, and shrimp trawls, as well

I. Sea turtles in the American continent:A shared resource

as the contamination and destruction of theirhabitats8.

Besides being used by coastal communitiesas a source of food and income, in recent yearsthese reptiles have acquired high economicvalue as ecotourism attractions in severalnations of the American continent. Some

At the end of the 1980s, 1,367 leatherbacksnested on Playa Grande, Costa Rica. Thecurrent decline suggests that there will be nomore than 50 animals there by 2009. Thistrend has also been verified on other Pacificnesting beaches. The current total populationof adults and sub-adults in the Eastern Pacificis 2,995 animales, whereas there were morethan 91,000 adults in 1980 7.

An Introduction 5

On most of the beaches of Brazil where theTAMAR project (civil society andgovernmental sea turtle project) is present,the main source of income for localcommunities is participation in the turtleprogram conservation 14.

In 2002, the 26,292 tourists that came toobserve nesting sea turtles on the beach ofTortuguero National Park spent $6,714,483in their visit to this Caribbean community ofCosta Rica12.

Las tortugas marinas se han convertido en una atracciónturística en muchas playas del continente americano.

60,000 tourists each year participate in theobservation of sea turtles in their naturalenvironment in at least 15 Latin American andCaribbean countries, thus creating jobs,services and income for the region. As suchthese animals have become the basis ofdevelopment for various communities of thecontinent. Similarly, it is estimated thatinvestment by non-governmentalorganizations in the sea turtle conservationin Latin America and the Caribbean reachesat least $3.6 million per year9.

Sea turtles fulfill important ecological roles inecosystems as diverse as coral reefs10 andseagrass pastures11 while transporting energy

between the sea and terrestrial habitats suchas nesting beaches and their surroundings.13

Their disappearance could seriously affect thesurvival of other species of flora and faunathat depend on sea turtles and their eggs fortheir own survival.

Sea turtles represent shared resources amongnations of the American continent becausethey use the waters of more than one nationduring their life cycle. The conservation effortsfor a population of turtles in one country canbe harmed or benefited by activities inanother country.

International cooperation is essential forachieving efficient management that wouldensure the survival of these ancient reptilesand the sustainability of the economic benefitsand the ecological role that they offer thepeople and ecosystems of the continent.


= Site where green turtle tagged at Tortuguero has been capturedSitio en donde ha sido capturada una tortuga verde marcada en Tortuguero

Country/País # of individuals/ # de individuos1. Belize/Belice: 322. Brazil/Brasil: 13. Colombia: 724. Costa Rica: 3455. Cuba: 1016. Dominican Rep./Rep. Dominicana: 77. Grenada: 18. Guatemala: 49. Guyana: 110. Honduras: 4411. Jamaica: 112. Martinique/Martinica: 113. Mexico/México: 3814. Nicaragua: 3557

Country/País # of individuals/ # de individuos15. Panama/Panamá: 13716. Puerto Rico: 117. St Kitts and Nevis/San Kitts y Nevis: 118. Saint Lucia/Santa Lucia: 119. USA/EEUU: 120. Venezuela: 30TOTAL 4378Unknown/País desconocido *: 2* Sent from USA but probably caught elsewhere/

Enviado desde EEUU pero probablemente captu-rada en otro país

Individuals tagged at Tortuguero/Individuos marcados en Tortuguero 1955-2002: 45,715Proportion recaptured/ Proporción recapturada: 0.096

Recaptures/Recapturas

Ciudadanas de las Américas: recapturas de tortugas verdesmarcadas durante el desove en Tortuguero, Costa Rica, por país.Caribbean Conservation Corporation (datos no publicados, www.cccturtle.org/tort-tag-returns.htm )

An Introduction 7

Sea turtles are exposed to numerous naturalobstacles to their survival. Very few, perhapsonly one of every 1,000 turtles hatched,survive to maturity. However, the increasein anthropogenic threats is what hasendangered all species of sea turtles in theAmerican continent.

The complex life cycle of sea turtles, withseveral developmental habitats andmigrations of hundreds or thousands ofkilometers between feeding zones andnesting beaches, makes their managementdifficult and exposes the turtles to manyimpacts over a very broad geographicalarea.1 Although important research effortsexist, there is still much to do in order toattain fundamental scientific knowledge

about sea turtles. Relatively little is knownabout their migration routes, use of differenthabitats and their spatial and temporaldistribution. Additionally, many data arelacking that would give a completepanorama about incidental mortality infisheries. However, the reduction of manyof the populations that come to the nestingbeaches is a clear indication that thesituation of sea turtles is critical.

Incidental capture

A large number of sea turtles are capturedin nets and hooked on long lines duringfishing tasks aimed at other species. A recentstudy on incidental capture of leatherbacks

II. Sea turtle populations:principal threats

Human-induced sea turtle mortality

Currently, the mortality induced by humanbeings has greater impact on sea turtlepopulations than natural mor tality.Necropsies of 107 turtles found dead onthe Pacific beaches of Costa Rica revealthat the 81% of the deaths were causedby fishhooks; entanglement in nylon lineand fish nets; ventral incisions to obtaineggs and meat; and fractures and cranialtrauma sometimes caused by collision withboat motor propellers. The other 19% diedof natural causes, mainly from predationby crocodiles, coyotes and sharks. 15


and loggerheads on long lines in the Pacificsuggests that quantities that would allowan eventual recovery of these threatenedpopulations have already been exceeded16.Existing information on this subject is sparseand in most fishery activities there are norecords about incidental capture of seaturtles, except in the case of the Pacific tunafleet. The Bycatch Working Group of theInter-American Tropical Tuna Commission(IATTC) indicates that “Many of the longline fisheries of the Pacific Ocean are knownto capture turtles incidentally. In this regardthe most important fisheries, due to themagnitude of their effort, are those thatcapture tuna, swordfish, sharks, billfish andother species of the high seas, as well asmany coastal fisheries that capture thesesame species, and others like mahi-mahi.”17

The IATTC estimates that industrial tunafisheries on the high seas alone lower some200 million fishhooks each year in the PacificOcean17.

Fishing activities provide jobs and food tomany people that live on the coasts. TheFood and Agriculture Organization (FAO) ofthe United Nations estimates that nearly halfof the global fish trade consists of exportsfrom developing countries to developedcountries, as a means of raising revenues.For their value, frozen crustaceans are theprincipal products with 38%, followed byfrozen fish with around 35% and cannedfish with 11% of the international trade18.

In many cases, the reduction of theincidental catch of sea turtles responds tonational legislation mandates to protectdecimated populations of endangered

species. It also addresses, in some cases, theexpectations of the consumer sector for fishproducts. The Inter-American Conventionfor the Protection and Conservation of SeaTurtles has the legal, administrative andtechnical components required to facilitatea joint search for measures to reducebycatch and be able to call upongovernments, scientists, industryrepresentatives and civil society for thispurpose.

Over-exploitation of turtles andegg harvesting

Over-exploitation from the direct captureof turtles and the taking of their eggs forcommercial and subsistence purposes stillpersist in some coastal zones of theAmerican continent. All sea turtle species arecurrently listed on the Appendix I of theConvention on International Trade inEndangered Species of Wild Fauna andFlora, known as CITES, and their tradebetween nations is prohibited. However, theillegal market outside of this framework isstill a subject of concern.19 Despite nationalprohibitions, the consumption of eggs hasbeen reported in many countries; in others,turtle meat is still a highly appetizing dish.From the carapace of the sea turtle, manytortoiseshell articles are made and sold,including eyeglasses frames, combs, ringsand other kinds of jewelry. The traffic ofthese articles seems to be present in manynations of the area and it is often detectedthrough the products that are sold totourists.20,21

An Introduction 9

Habitat destruction

Development occurring in coastal zonesused by sea turtles for nesting is oftenincompatible with this crucial stage of theirlife cycle. In addition to the loss of habitatcaused by buildings on the beach or inadjacent zones, artificial lighting from thesestructures causes problems for the turtleswhen they are nesting, and it disorientshatchlings that are trying to reach the sea.Because sand temperature determines thesex of the hatchlings (high temperaturesproduce females and low temperaturesproduce males), high buildings or thedestruction of the littoral vegetation canalter sand temperature and skew hatchlingsex determination. The presence ofmotorized vehicles on the beach contributesto turtle mortality by compacting the sand,thus making it difficult for the sea turtles tonest as well as the hatchlings to exit thenest22. In summary, uncontrolled coastaldevelopment (mainly for tourism) can be

harmful to the nesting beaches and seaturtle populations. In contrast, the turtlesare a big attraction for the visitors to manybeaches of the world; therefore, onlydevelopment with environmentally-friendlydesigns should be allowed and appropriatecodes of conduct should be promoted inthese areas.

On land, poor watershed managementoften results in chemicals and fertilizers inrunoff waters, dumping of domestic andindustrial wastes, and soil erosion andsedimentation in the coastal marine zone,thus causing the destruction of coral reefsand seagrasses, which are importanthabitats for the sea turtles.

Contamination

Other kinds of contamination have seriousimpacts on marine ecosystems, affecting seaturtle populations directly and indirectly.There is a gap in the knowledge about the

Productos de careydecomisados por lasautoridades.


noxious effects of sea and the coastal zonecontamination on sea turtles. The bio-accumulation of heavy metals or pesticideshas been linked with immunologicalsuppression in some marine mammals,which exposes them to diseases30. This factcauses concern for sea turtles as well. Recentstudies also indicate that the causative agentof tumors or fibropapillomas in the turtlesmay be linked to pollution in coastal watersand the high seas. The eventual impactsfrom oil exploration and exploitation andshipping wastes can also affect the healthof aquatic plants and animals – sources offood for sea turtles. Finally, turtles continuedying from the consumption of non-biodegradable wastes, such as plastic bagsand packing materials (sometimesindistinguishable from elements of their dietsuch as jellyfish) or by becoming entangledin larger wastes23. The ingestion of plasticor entanglement in netting, cords or otherkinds of wastes, can cause flotationproblems, reduced mobility or the loss ofextremities, which can eventually lead to thedeath of the turtles.

Some legal challenges

Studies suggest that in some countrieswithin the action area of the Conventionthere are contradictions betweenenvironmental laws and those relatedmainly to fisheries, to the detriment of seaturtles.20,24 On the other hand, there aresome countries where the legislationprohibits the extractive use of sea turtles,but consumption of their meat and/or eggsfor subsistence is allowed, which is difficultto control. For those cases where the

Convention allows subsistence use, the lawsand regulations that control such activitiesshould be updated under the framework ofthe social and economic reality of eachnation and the conditions of each localitywhere sea turtles are used. Similarly, it maybe necessary to adjust regulations to therequirements of non-extractive useschemes, such as sea turtle ecotourism, inorder to minimize their social and ecologicalimpact.

In summary, there must be a clear definitionof the competencies of the differentgovernmental entities and existing legalgaps should be filled. The Convention is anadequate mechanism for helping SignatoryParties develop legal frameworks and themanagement needed to mitigate the diversethreats that sea turtles confront. It alsoestablishs the possibility for cooperationwith other Party nations, internationalorganizations and other key players thatwork on these matters.

An Introduction 11

In 1994, recognizing the regional nature ofthe threats to sea turtle survival, the nationsof the western hemisphere began acollaborative effort to negotiate anagreement for the future of these species.In 2001, with the ratification of the eighthcountry, the Inter-American Convention forthe Protection and Conservation of SeaTurtles, entered into force.

The Convention addresses the need toimplement measures harmonized amongnations, coordinate multilateralconservation and protection actions, andoversee the implementation of a regionalagenda that will lead to the recovery of thesespecies. To fulfill its objective of promotingthe protection, conservation and recoveryof sea turtle populations and their habitats,the Convention takes the best availablescientific evidence into account, along withthe environmental, socio-economic andcultural characteristics of the Parties (ArticleII).

The conservation measures adopted by theConvention place a fair and flexibleapproach ahead of confrontation. Theyaddress possible impacts on terrestrial andmarine habitats, impacts from direct and

indirect sources of harm, and impacts fromParties and non-Parties.

The emphasis of the Convention on bilateraland multilateral agreements and theexchange of information and technologypromotes a cooperative approach forresolving the problems of sea turtles.

Finally, the terms of the Articles giveconsiderable flexibility to the Statesregarding the manner of implementing themeasures.

Objective of the Convention“To promote the protection, conservation andrecovery of sea turtle populations and thehabitats they depend on, based on the bestavailable scientific evidence, taking intoaccount the environmental, socio-economicand cultural characteristics of the Parties.”Article II

The number of olive ridley nestings in Mexicoduring the 2000 season was the highest ever,following an upward trend in prior years.The Gulf of Mexico population has respondedpositively to many years of conservationeffort 25.

III. The beginning of a continental effort:the Convention


To comply with the objective of theConvention, the Parties commit to:

• Protecting and conserving populations ofsea turtles and their habitats.

• Reducing incidental capture, injury andmortality of sea turtles associated withcommercial fishing activities.

• Prohibiting intentional and domesticcapture and international trade in seaturtles, their eggs, parts and products;with the exception of the use of turtles tosatisfy the economic subsistence needs oftraditional communities.

• Fostering international cooperation forresearch and management of sea turtles.

• Implementing any additional measuresneeded for their protection.

The Inter-American Convention for theProtection and Conservation of Sea Turtlesis open for signature and ratification byStates of the American continent, as well asother States that have continental or insularterritories in the region (Article I and ArticleIII).

The signature and ratification, or accessionto, the Convention, may not be madesubject to any reservation (Article XXIII). Thetext of the Convention can be amended bythe Parties (Article XXIV).

Each Party shall take appropriate measuressuch as: prohibiting capture and trade insea turtles, reducing incidental capture,fostering scientific research, and promotingenvironmental education (Article IV).

Each Party will adopt the necessary measuresin their national legislation (Article XVIII) andestablish an oversight program forcompliance with and enforcement of thesemeasures (Articles IX and X). The Parties willalso be able to establish managementprograms in national, bilateral, subregionalor regional arenas (Article IV).

Each Party will prepare an annual reportabout the programs they have adopted withrespect to the Convention (Article XI).Parties that are developing States can behelped with financial resources for thefulfillment of their obligations (Article XIII).

The Parties will establish a ConsultativeCommittee and a Scientific Committee withthe functions described in the Convention(Article VII and VIII).

During the first three years, the Parties willhold an ordinary meeting every year andthen one at least every two years. In themeetings, the Parties shall evaluate theapplication of the provisions of theConvention, examine the reports andconsider the recommendations of theConsultative Committee and the ScientificCommittee (Article V).

They will also adopt additional conservationand management measures that they deem

IV. The Parties andtheir commitments

An Introduction 13

activities and ensure the protection,conservation and recovery of sea turtlepopulations (Article XII).

Regarding commercial measures, the Partieswill act according to the provisions of theAgreement established by the World TradeOrganization (Article XV).

No provision of the Convention shall beinterpreted in such a way that prejudicesthe sovereignty exercised by any nation, inaccordance with international law (ArticleXVII). The settlement of disputes about theinterpretation or application of theprovisions of the Convention is addressedin Article XVI. The Parties will encourage anyeligible State to become a Party to theConvention, and non-Party States to adoptlaws and regulations coherent with itsprovisions. They wil l also negotiatecomplementary protocols with Statesoutside the area of the Convention for thepurpose of promoting the protection and

conservation of seaturtles on a broaderscale (Article XIX andXX).

Tortuga carey cerca de lacosta en Bahia, Brasil.

appropriate for achieving the objective,review the activity reports and discussfinancial issues presented by the Secretariat(Article V).

Decisions from the meetings of the Partiesshall by adopted by consensus. The Partiesmay invite other interested States andpertinent international organizations asobservers such as the private sector,productive sector, scientific institutions andnon-governmental organizations withrecognized experience in issues related tothe Convention (Article V). The Parties shallpromote bilateral and multilateralcooperation to achieve the objective of theConvention and seek the support of relevantinternational organizations (Articles XII andXIV).

The Parties will promote internationalcooperation in the development of fishingtechniques and gear, in order to maintainthe productivity of commercial fishing


Summary of the negotiations

The Inter-American Convention for theProtection and Conservation of Sea Turtleswas initially proposed by the Latin AmericanOrganization for Fisheries Development(OLDEPESCA) and various governments ofthe western hemisphere.

The event that motivated its formation wasthe embargo on the importation of shrimpfrom countries that were not using sea turtleprotection methods similar to thetechniques used in the United States26.

Between September 19, 1994 andSeptember 5, 1996, four rounds of inter-governmental negotiations were held todefine the final text of the Convention27.

A total of 24 countries participated in at leastone of the negotiation meetings28.

The Convention was open for signaturefrom December 1, 1996 to December 31,1998. During this period, 12 countries senttheir signed instruments to the despositorynation, Venezuela.

The Convention entered into force on May2, 2001, ninety days after the eighthratification had been officially received byVenezuela.

Signatory countries as of September 2004:• Netherlands Antilles • Belize • Brazil• Costa Rica • Ecuador • United States• Guatemala •Honduras • Mexico• Nicaragua • Peru • Uruguay • Venezuela

These countries, with the exception ofNicaragua and Uruguay, have ratified theConvention in their national legislation.

Accession procedure for the Convention:

1. The interested nation sends notificationsigned by its chancillery to the Chancilleryof the Government of the Republic ofVenezuela, which is the depository of theConvention.

2. It then ratifies the Convention in thenational legislation and sends a copy ofthat instrument to the depository body ofthe Convention.

The Convention enters into force for the Stateon the date the instrument of accession isdelivered to the depository. Tortuga lora juvenil capturada en la costa este de los Estados

Unidos de América.

V. The Convention today

An Introduction 15

First Conference of the Parties

The Ministry of Environment and Energy ofCosta Rica (MINAE) convened the FirstConference of the Signatory Parties in SanJosÈ in August 2002. Among theachievements of the first phase of theConference of the Parties were the approvalof the resolution regarding the Rules ofProcedure; the Resolution for PromotingSynergy and Collaboration with the CITESConvention; the creation of a Secretariat ProTempore in Costa Rica, valid for two years(located in the offices of the National ParksFoundation); and the establishment of aSpecial Fund for the Convention, which isadministered by the same foundation.

On that occasion it was not possible tofinalize the agenda set for COP1CIT. An

agreement was reached to suspend themeeting and continue it later. The secondpart of COP1CIT was held in San JosÈ inAugust 2003, organized by the Pro TemporeSecretariat with support from the Ministryof the Environment and Energy. In thismeeting the point pending on the resolutionabout the Rules of Procedure was finalized,and the Scope of Work for the ConsultativeCommittee of Experts, the base text of theScientific Committee, the Work Plan for2004 and the Secretaiat¥s report aboutactions during the past year were approved.Two agreements were also made for theconservation and protection of endangeredPacific leatherbacks (Dermochelys coriacea)along with an outline to follow regardinginternational cooperation. Finally, Venezuelawas chosen to occupy the Presidency forCOP2IAC, as the base country for the nextConference of the Parties.

Resolutions and Documents COP1CIT29

Approved Resolutions COP1CIT• COP1CIT-001 Establishment of the Pro Tempore Secretariat• COP1CIT-002 Guidlines for the Operation of the Inter-American Convention Special Fund.• COP1CIT-003 Cooperation and Synergy between the Inter-American Convention for the Protection and

Conservation of Sea Turtles and the Convention on International Trade in Endangered Species of WildFauna and Flora (CITES)

• COP1CIT-004 Rules of Procedure for the Meetings of the Parties of the Inter-American Convention forthe Protection and Conservation of Sea Turtles

• COP1CIT-005 Termso of Reference for the Consultative Committee of the Inter-American Convention forthe Protection and Conservation of Sea Turtles.

Current IAC documents• CIT-004 Work Program for the Parties of the Inter-American Convention for the Protection and Conservation

of Sea Turtles.This document was the first attempt to manage the various activities that the Secretariat should carry outfrom 2002 to 2004.• CIT-006 Proposed Resolution for the Conservation of the Leatherback Sea Turtle (Dermochelys coriacea),

in the Eastern Pacific.Proposal for a resolution presented by Costa Rica during the first part of the COP1CIT urging the SignatoryParties to collect information about incidental capture in the Eastern Pacific and to carry out protectionefforts on leatherback nesting beaches. In the second part of COP1CIT, the nations agreed to act on theprotection of this species .


In the interim following the conclusion ofthe COP1 agenda and during COP2, theConvention will address the followingactivities:

• Revision and approval of the format forthe annual reports following what wasestablished in Article XI, paragraph 1,Annex IV, and considering the agreementmade by the Signatory Parties during thefirst meeting of COP1 in August 2002.

• Naming and installing members of theScientific Committee by the Parties, andholding the first meeting, analysis of IACdocument CIT-008 and presentingrecommendations to COP2CIT,according to what was approved duringCOP1CIT. Preparation of a Work Plan forthe scientific committee andestablishment of a list of experts ordirectory of scientists, who will supportthe Committees of the Convention indifferent matters related to sea turtleconservation and management.

• Continue communications with non-Party States and continue with the effortsto increase the affiliation of new SignatoryParties to the IAC.

• Article IV of the Convention establishesthe functions of the Secretariat. Duringthe first meeting of COP1CIT, ResolutionCOP1CIT-001 was approved which

outlines the establishment of a ProTempore Secretariat for two years. Thisterm will expire at the end of December2004. Therefore, this point should beanalyzed during COP2IAC to decide howto proceed from then on.

• According to provisions in the Resolutionsapproved during COP1CIT, there mustbe a Work Plan and its respective proposalapproved by the Signatory Parties. Thefirst three years of the Convention havingbeen completed, the Conference of theParties will be held at least every twoyears. Therefore, the Plan should coverthis period.

• Examination of the development ofinternational cooperation andrelationships between the Conventionand other global, regional and sub-regional agreements and arrangementsfor conservation.

• Discussion of the initial needs for theconservation and management of seaturtle populations, based onrecommendations of the SubsidiaryBodies.

• Carry out the procedure in Rule 11 ofResolution COP1CIT-004 regarding theaccreditation of observers who willparticipate in COP2CITand in themeetings of the Subsidiary Bodies.

16 Convención Interamericana para la Protección y Conservación de las Tortugas Marinas (CIT)

VI. Steps toward the future

An Introduction 17

• One of the principal problems that affectsthe conservation and protection of seaturtles are all fishing activities that arecarried out in the sea. Currently there areregulations for tuna fishing andshrimping (using Turtle Excluder Devices[TED]); however, with respect to longlines in the high seas and coastal zones,there is no awareness about the harmcaused to turtle populations. For thepurpose of minimizing this problem, anenvironmental and informationcampaign aimed at the entire fisherysector should be coordinated.

In the interim after COP2 and during COP3,the priorities will be:

• Installation and holding the first meetingof the Consultative Committee of

Experts, made up of a representative fromeach Party nation and nine sectoralrepresentatives: three from non-governmental organizations, threescientists and three representatives fromprivate enterprise. Preparation of thebiannual work plan of the committee.

• Establishment of a work strategy with thefishery sector to report on the criticalstatus of sea turtle populations andexchange scientific and technicalknowledge. Support and implement theimprovement and development of newfishing gear to reduce incidental captureand mortality and promote appliedscientific research for the conservation seaturtles, among other activities.

• The revision and analysis of the annual

Captura incidental deuna tortuga golfina enpesca de palangre (“longline”).


reports from the nations. This will allowa much clearer and real vision of theproblems of sea turtles within the actionarena of the Convention.

• Continue with the mandate to foster and

coordinate collaboration with internationalorganizations, scientific entities andconservationists specialized in the field ofinvestigation, protection and conservation ofsea turtles, for the purpose of achieving theobjectives of the Convention.

Taller participativo sobrepesquería incidental en la

comunidad costera deSanta Marianita, Ecuador.

Pescadores ayudan a cambiarhacia anzuelos más amigablesa las tortugas en Caletas,Ecuador.

An Introduction 19

VII. Sea turtle speciesof the American continent

Illustrations: Defenders of Wildlife / Juan Carlos Cantú

Species: Caretta carettaCommon name: LoggerheadBiology: Nests mainly in sub-tropical zones.Feeds mainly on crustaceans and mollusks.Can weigh up to 180 kg in the westernAtlantic.Conservation status: Endangered (ENA1abd)*

Species: Chelonia mydasCommon name: Green turtle, Black turtleBiology: Found in all oceans. Plays animportant ecological role in seagrass areas.Besides seagrass, feeds on algae. Can weighup to 230 kg.Conservation status: Endangered (CRA1bd)*

Species: Dermochelys coriaceaCommon name: LeatherbackBiology: Lives in pelagic zones and has thewidest distribution of all the species of seaturtles. Feeds mainly on jellyfish. It is thelargest species; a female can weigh up to 500kg.Conservation status: Critically endangered(CR A1abd)*

Una Introducción 19


Species: Eretmochelys imbricataCommon name: HawksbillBiology: Lives in coral reef zones, feedsmainly on sponges. The adults weigh 60kg on average.Conservation status: Critical lyendangered (CR A1bd)*

Species: Lepidochelys kempiiCommon name: Kemp’s ridleyBiology: Most of the world populationnests at Rancho Nuevo, in the Gulf ofMexico. Feeds mainly on crustaceans andmollusks. Reaches 35-50 kg.Conservation status: Critical lyendangered (CR A1 bd)*

Species: Lepidochelys olivaceaCommon name: Olive ridleyBiology: Lives in pelagic zones. Feedsmainly on crustaceans and mollusks.Reaches 35-50 kg.Conservation status: Endangered (ENA1bd)*

* Category and classification according to the IUCN Red List, July 2004 (www.redlist.org).4


An Introduction 21

VIII. Text of the Inter-AmericanConvention for the Protection

and Conservation of Sea Turtles

Investigadores utilizan transmisores de satélite paraidentificar las rutas migratorias y zonas de alimentaciónde las tortugas marinas.

Neonatos de laúd inician el desafío por la supervivenciaen un mar de incertidumbres.


Preamble

The Parties to this Convention:

Recognizing the rights and duties of Statesestablished in international law, as reflectedin the United Nations Convention on the Lawof the Sea of 10 December 1982, relating tothe conservation and management of livingmarine resources;Inspired by the principles contained in the1992 Rio Declaration on Environment andDevelopment;Considering the principles andrecommendations set forth in the Code ofConduct for Responsible Fishing adopted bythe Conference of the Food and AgricultureOrganization (FAO) of the United Nationsin its 28th Session (1995);Recalling that Agenda 21, adopted in 1992by the United Nations Conference onEnvironment and Development, recognizesthe need to protect and restore endangeredmarine species and to conserve theirhabitats;Understanding that, in accordance with thebest available scientific evidence, species ofsea turtles in the Americas are threatened orendangered, and that some of these speciesmay face an imminent risk of extinction;Acknowledging the importance of havingthe States in the Americas adopt anagreement to address this situation throughan instrument that also facilitates theparticipation of States from other regionsinterested in the worldwide protection andconservation of sea turtles taking intoaccount the widely migratory nature of thesespecies;Recognizing that sea turtles are subject tocapture, injury or mortality as a direct orindirect result of human-related activities;Considering that coastal zone management

measures are indispensable for protectingpopulations of sea turtles and their habitats;Recognizing the individual environmental,socio-economic and cultural conditions inthe States in the Americas;Recognizing that sea turtles migrate widelythroughout marine areas and that theirprotection and conservation requirecooperation and coordination among Stateswithin the range of such species;Recognizing also the programs and activitiesthat certain States are currently carrying outfor the protection and conservation of seaturtles and their habitats;Desiring to establish, through thisConvention, appropriate measures for theprotection and conservation of sea turtlesthroughout their range in the Americas, aswell as their habitats;Have agreed as follows:

ARTICLE IDEFINITIONS

For the purposes of this Convention:1. «Sea turtle» means any of the species

listed in Annex I.2. «Sea turtle habitats» means all those

aquatic and terrestrial environmentswhich sea turtles use at any stage of theirlife cycles.

3. «Parties» means States which haveconsented to be bound by thisConvention and for which thisConvention is in force.

4. «States in the Americas» means theStates of North, Central and SouthAmerica and the Caribbean Sea, as wellas other States that have continental orinsular territories in this region.

ARTICLE II

22 Convención Interamericana para la Protección y Conservación de las Tortugas Marinas (CIT)

An Introduction 23

OBJECTIVEThe objective of this Convention is topromote the protection, conservation andrecovery of sea turtle populations and of thehabitats on which they depend, based onthe best available scientific evidence, takinginto account the environmental,socioeconomic and cultural characteristics ofthe Parties.

ARTICLE IIIAREA OF APPLICATION OF THE

CONVENTIONThe area of application of this Convention(the Convention Area) comprises the landterritory in the Americas of each of theParties, as well as the maritime areas of theAtlantic Ocean, the Caribbean Sea and thePacific Ocean, with respect to which each ofthe Parties exercises sovereignty, sovereignrights or jurisdiction over living marineresources in accordance with internationallaw, as reflected in the United NationsConvention on the Law of the Sea.

ARTICLE IVMEASURES

1. Each Party shall take appropriate andnecessary measures, in accordance withinternational law and on the basis of the bestavailable scientific evidence, for theprotection, conservation and recovery of seaturtle populations and their habitats:a) In its land territory and in maritime areaswith respect to which it exercises sovereignty,sovereign rights or jurisdiction includedwithin the Convention Area; andb) Notwithstanding ARTICLE III, with respectto vessels on the high seas that areauthorized to fly its flag.2. Such measures shall include:a) The prohibition of the intentional capture,retention or killing of, and domestic tradein, sea turtles, their eggs, parts or products;b) Compliance with the obligationsestablished under the Convention on

International Trade in Endangered Speciesof Wild Fauna and Flora (CITES) relating tosea turtles, their eggs, parts or products;c) To the extent practicable, the restrictionof human activities that could seriously affectsea turtles, especially during the periods ofreproduction, nesting and migration;d) The protection, conservation and, ifnecessary, the restoration of sea turtlehabitats and nesting areas, as well as theestablishment of necessary restrictions on theuse of such zones, including the designationof protected areas, as provided in Annex II;e) The promotion of scientific researchrelating to sea turtles and their habitats, aswell as to other relevant matters that willprovide reliable information useful for theadoption of the measures referred to in thisArticle;f) The promotion of efforts to enhance seaturtle populations, including research intothe experimental reproduction, raising andreintroduction of sea turtles into theirhabitats in order to determine the feasibilityof these practices to increase populations,without putting sea turtles at risk;g) The promotion of environmentaleducation and dissemination of informationin an effort to encourage the participationof government institutions,nongovernmental organizations and thegeneral public of each State, especially thosecommunities that are involved in theprotection, conservation and recovery of seaturtle populations and their habitats;h) The reduction, to the greatest extentpracticable, of the incidental capture,retention, harm or mortality of sea turtles inthe course of fishing activities, through theappropriate regulation of such activities, aswell as the development, improvement anduse of appropriate gear, devices ortechniques, including the use of turtleexcluder devices (TEDs) pursuant to theprovisions of Annex III, and thecorresponding training, in keeping with the

Una Introducción 23


principle of thesustainable use offisheries resources;and:i) Any other measure,in accordance withinternational law,which the Partiesdeem appropriate toachieve the objectiveof this Convention.3. With respect to suchmeasures:a) Each Party mayallow exceptions toParagraph 2(a) tosatisfy economicsubsistence needs oft r a d i t i o n a lcommunities, takinginto account the recommendations of theConsultative Committee establishedpursuant to Article VII, provided that suchexceptions do not undermine efforts toachieve the objective of this Convention. Inmaking its recommendations, theConsultative Committee shall consider, interalia, the status of the sea turtle populationsin question, the views of any Party regardingsuch populations, impacts on suchpopulations on a regional level, and methodsused to take the eggs or turtles to cover suchneeds.b) A Party allowing such an exception shall:i. Establish a management program thatincludes limits on levels of intentional taking;ii. Include in its Annual Report, referred to inArticle XI, information concerning itsmanagement program.c) Parties may establish, by mutualagreement, bilateral, subregional or regionalmanagement plans.d) The Parties may, by consensus, approveexceptions to the measures set forth inparagraph 2(c)-( i) to account ofcircumstances warranting special

Desove de tortuga caguama. Los neonatos se lanzarán al mar luego de 47-66 días deincubación.

consideration, provided that such exceptionsdo not undermine the objective of thisConvention.4. When an emergency situation is identifiedthat undermines efforts to achieve theobjective of this Convention and thatrequires collective action, the Parties shallconsider the adoption of appropriate andadequate measures to address the situation.These measures shall be of a temporarynature and shall be based on the bestavailable scientific evidence.

ARTICLE VMEETINGS OF THE PARTIES

1. For the first three years following the entryinto force of this Convention, the Parties shallhold an ordinary meeting at least once peryear to consider matters pertaining to theimplementation of the provisions of thisConvention. Following that, the Parties shallhold ordinary meetings at least once everytwo years.2. The Parties may also hold extraordinarymeetings when deemed necessary. Thesemeetings shall be convened at the request

An Introduction 25

of any Party, provided that such request issupported by a majority of the Parties.3. At such meetings, the Parties shall, amongother things:a) Evaluate compliance with the provisionsof this Convention;b) Examine the reports and consider therecommendations of the Consultative

Committee and the Scientific Committee,established pursuant to Articles VII and VIII,regarding the implementation of thisConvention;c) Adopt such additional conservation andmanagement measures as deemedappropriate to achieve the objective of thisConvention. If the Parties consider itnecessary, such measures may be includedin an Annex to this Convention;d) Consider, and as necessary adopt,amendments to this Convention, inaccordance with Article XXIV.e) Review reports of the Secretariat, ifestablished, relating to its budget andactivities.4. At their first meeting, the Parties shalladopt rules of procedure for meetings of theParties as well as for meetings of theConsultative Committee and the ScientificCommittee, and shall consider other mattersrelating to those committees.5. Decisions reached at meetings of theParties shall be adopted by consensus.6. The Parties may invite other interestedStates, relevant international organizations,as well as the private sector, scientificinstitutions and nongovernmentalorganizations with recognized expertise inmatters pertaining to this Convention toattend their meetings as observers and toparticipate in activities under thisConvention.

ARTICLE VISECRETARIAT

1. At their first meeting, the Parties shallconsider the establishment of a Secretariatwith the following functions:a) Providing assistance in convening andorganizing the meetings specified in ArticleV;

La tortuga carey se alimenta en los arrecifesde coral donde su comida favorita, lasesponjas, son muy abundantes.


b) Receiving from the Parties the annualreports referred to in Article XI and placingthem at the disposal of the other Parties andof the Consultative Committee and theScientific Committee;c) Publishing and disseminating therecommendations and decisions adopted atthe meetings of the Parties in accordancewith rules of procedures adopted by theParties;d) Disseminating and promoting theexchange of information and educationalmaterials regarding efforts undertaken by theParties to increase public awareness of theneed to protect and conserve sea turtles andtheir habitats, while maintaining theeconomic profitability of diverse artisanal,commercial, and subsistence fishingoperations, as well as the sustainable use offisheries resources. This information shallconcern, inter alia:i. Environmental education and localcommunity involvement;ii. The results of research related to theprotection and conservation of sea turtlesand their habitats and the socioeconomicand environmental effects of the measuresadopted pursuant to this Convention;e) Seeking economic and technical resources

to carry out research and to implement themeasures adopted within the framework ofthis Convention;f) Performing such other functions as theParties may assign.2. When deciding in this regard, the Partiesshall consider the possibility of appointingthe Secretariat from among competentinternational organizations that are willingand able to perform the functions providedfor in this Article. The Parties shall determinethe means of financing necessary to carryout the functions of the Secretariat.

ARTICLE VIICONSULTATIVE COMMITTEE

1. At their first meeting, the Parties shallestablish a Consultative Committee ofExperts, hereinafter referred to as «theConsultative Committee», which shall beconstituted as follows:a) Each Party may appoint one representativeto the Consultative Committee, who may beaccompanied at each meeting by advisors;b) The Parties shall also appoint, byconsensus, three representatives withrecognized expertise in matters pertainingto this Convention, from each of the

Delegados de las Partes Contratantes en la COP1CIT.

An Introduction 27

following groups:i. The scientific community;ii. The private sector; andiii. Nongovernmental organizations.2. The functions of the ConsultativeCommittee shall be to:a) Review and analyze the reports referredto in Article XI, and any other informationrelating to the protection and conservationof populations of sea turtles and theirhabitats;b) Solicit from any Party additional relevantinformation relating to the implementationof the measures set forth in this Conventionor adopted pursuant thereto;c) Examine reports concerning theenvironmental, socio-economic and culturalimpact on affected communities resultingfrom the measures set forth in thisConvention or adopted pursuant thereto;

ARTICLE VIIISCIENTIFIC COMMITTEE

1. At their first meeting, the Parties shallestablish a Scientific Committee which shallbe comprised of representatives designated

by the Parties and which shall meet,preferably, prior to the meetings of theConsultative Committee.2. The functions of the Scientific Committeeshall be to:a) Examine and, as appropriate, conductresearch on sea turtles covered by thisConvention, including research on theirbiology and population dynamics;b) Evaluate the environmental impact on seaturtles and their habitats of activities such asfishing operations and the exploitation ofmarine resources, coastal development,dredging, pollution, clogging of estuariesand reef deterioration, among other things,as well as the potential impact of activitiesundertaken as a result of exceptions to themeasures allowed in accordancewith thisConvention;c) Analyze relevant research conducted bythe Parties;d) Formulate recommendations for theprotection and conservation of sea turtlesand their habitats;e) Make recommendations on scientific andtechnical matters at the request of any Party

Las tortugas carey presentan una variabilidad genética que permite discriminar variassubpoblaciones en el Caribe.


regarding specific matters related to thisConvention;f) Perform such other scientific functions asthe Parties may assign.d) Evaluate the efficiency of the differentmeasures proposed to reduce the captureand incidental mortality of sea turtles, as wellas the efficiency of different kinds of TEDs;e) Present a report to the Parties on its work,including, as appropriate, recommendationson the adoption of additional conservationand management measures to promote theobjective of this Convention;f) Consider reports of the ScientificCommittee;g) Perform such other functions as the Partiesmay assign.3. The Consultative Committee shall meetat least once a year for the first three yearsafter the entry into force of the Convention,and after that in accordance with decisionsmade by the Parties.4. The Parties may establish expert groupsto advise the Consultative Committee.

ARTICLE IXMONITORING PROGRAMS

1. During the year following the entry intoforce of this Convention, each Party shallestablish, within its territory and in maritimeareas with respect to which it exercisessovereignty, sovereign rights or jurisdiction,a program to ensure monitoring of theapplication of the measures to protect andconserve sea turtles and their habitats setforth in this Convention or adopted pursuantthere to.2. The program referred to in the precedingparagraph shall include, where appropriate,mechanisms and arrangements for theparticipation by observers designated byeach Party or by agreement among them inmonitoring activities.3. In implementing the program, each Partymay act with the support or cooperation ofother interested States and relevantinternational organizations, as well as non-

governmental organizations.

ARTICLE XCOMPLIANCE

Each Party shall ensure, within its territoryand in maritime areas with respect to whichit exercises sovereignty, sovereign rights orjurisdiction, effective compliance withmeasures to protect and conserve sea turtlesand their habitats set forth in this Conventionor adopted pursuant thereto.

ARTICLE XIANNUAL REPORTS

1. Each Party shall prepare an annual report,in accordance with Annex IV, on theprograms it has adopted to protect andconserve sea turtles and their habitats, as wellas any program it may have adopted relatingto the utilization of these species inaccordance with Article IV(3).2. Each Party shall provide, either directly orthrough the Secretariat, if established, itsannual report to the other Parties and to theConsultative and Scientific Committees atleast 30 days prior to the next ordinarymeeting of the Parties and shall also makesuch annual reports available to other Statesor interested entities that so request.

ARTICLE XIIINTERNATIONAL COOPERATION

1. The Parties shall promote bilateral andmultilateral cooperative activities to furtherthe objective of this Convention and, whenthey deem it appropriate, shall seek thesupport of relevant internationalorganizations.2. Such activities may include the trainingof advisors and educators; the exchange andtraining of technicians, sea turtle managersand researchers; the exchange of scientificinformation and educational materials; thedevelopment of joint research programs,studies, seminars and workshops, as well asother activities on which the Parties may

An Introduction 29

agree.3. The Parties shall cooperate to develop andto facilitate access to information andtraining regarding the use and transfer ofenvironmentally sustainable technologies,consistent with the objective of thisConvention. They shall also developendogenous scientific and technologicalcapabilities.4. The Parties shall promote internationalcooperation in the development andimprovement of fishing gear and techniques,taking into account the specific conditionsof each region, in order to maintain theproductivity of commercial fisheries and toensure the protection, conservation andrecovery of sea turtle populations.5. The cooperative activities shall includerendering assistance, including technicalassistance, to Parties that are developingStates, in order to assist them in complyingwith their obligations under this Convention.

ARTICLE XIIIFINANCIAL RESOURCES

1. At their first meeting, the Parties shallassess the need for and possibilities ofobtaining financial resources, including theestablishment of a special fund for purposessuch as the following:a. Meeting the expenses that could berequired for the potential establishment ofthe Secretariat, pursuant to Article VI;b. Assisting the Parties that are developingStates in fulfilling their obligations under thisConvention, including providing access tothe technology deemed most appropriate.

ARTICLE XIVCOORDINATION

The Parties shall seek to coordinate theiractivities under this Convention with relevantinternational organizations, whether global,regional or subregional.

ARTICLE XVTRADE MEASURES

1. In implementing this Convention, theParties shall act in accordance with theprovisions of the Agreement establishing theWorld Trade Organization (WTO), asadopted at Marrakesh in 1994, including itsannexes.2. In particular, and with respect to thesubject matter of this Convention, the Partiesshall act in accordance with the provisionsof the Agreement on Technical Barriers toTrade contained in Annex 1 of the WTOAgreement, as well as Article XI of theGeneral Agreement on Tariffs and Trade of1994.3. The Parties shall endeavor to facilitatetrade in fish and fishery products associatedwith this Convention, in accordance withtheir international obligations.

ARTICLE XVISETTLEMENT OF DISPUTES

1. Any Party may consult with one or moreother Parties about any dispute related tothe interpretation or application of theprovisions of this Convention to reach asolution satisfactory to all parties to thedispute as quickly as possible.2. If a dispute is not settled through suchconsultation within a reasonable period, theParties in question shall consult amongthemselves as soon as possible in order tosettle the dispute through any peacefulmeans they may decide upon in accordancewith international law, including, whereappropriate, those provided for in the UnitedNations Convention on the Law of the Sea.

ARTICLE XVIIRIGHTS OF THE PARTIES

1. No provision of this Convention may beinterpreted in such a way as to prejudice orundermine the sovereignty, sovereign rightsor jurisdiction exercised by any Party inaccordance with international law.2. No provision of this Convention, normeasures or activities performed in its


implementation, may be interpreted in sucha way as to allow a Party to make a claim, orto exercise sovereignty, sovereign rights orjurisdiction in contravention of internationallaw.

ARTICLE XVIIIIMPLEMENTATION AT THE NATIONAL

LEVELEach Party shall adopt measures in itsrespective national laws for implementationof the provisions of this Convention and toensure effective compliance by means ofpolicies, plans and programs for theprotection and conservation of sea turtlesand their habitats.

ARTICLE XIXNON-PARTIES1. The Parties shall encourage:a) Any eligible State to become party to thisConvention;b) Any other State to become party to acomplementary protocol as envisioned inArticle XX.2. The Parties shall also encourage all Statesnot Party to this Convention to adopt lawsand regulations consistent with theprovisions of this Convention.

ARTICLE XXCOMPLEMENTARY PROTOCOLS

In order to promote the protection andconservation of sea turtles outside theConvention Area where these species alsoexist, the Parties should negotiate with Statesthat are not eligible to become party to thisConvention a complementary protocol orprotocols, consistent with the objective ofthis Convention, to which all interestedStates may become party.

ARTICLE XXISIGNATURE AND RATIFICATION

1. This Convention shall be open for

signature at Caracas, Venezuela, by Statesin the Americas from December 1, 1996,until December 31, 1998.2. This Convention is subject to ratificationby the Signatories in accordance with theirdomestic laws and procedures. Instrumentsof ratification shall be deposited with theGovernment of Venezuela, which shall be theDepositary.

ARTICLE XXIIENTRY INTO FORCE AND ACCESSION

1. This Convention shall enter into forceninety days after the date of deposit of theeighth instrument of ratification.2. After the Convention has entered intoforce, it shall be open for accession by Statesin the Americas. This Convention shall enterinto force for any such State on the date ofits deposit of an instrument of accession withthe Depositary.

ARTICLE XXIIIRESERVATIONS

Signature and ratification of, or accession to,this Convention may not be made subjectto any reservation.

ARTICLE XXIVAMENDMENTS

1. Any Party may propose an amendmentto this Convention by providing theDepositary the text of a proposedamendment at least 60 days in advance ofthe next meeting of the Parties. TheDepositary shall promptly circulate anyamendment proposed to all the Parties.2. Amendments to this Convention, adoptedin accordance with the provisions of ArticleV(5), shall enter into force when theDepositary has received instruments ofratification from all Parties.

An Introduction 31

ARTICLE XXVWITHDRAWAL

Any Party may withdraw from thisConvention at any time after 12 months fromthe date on which this Convention enteredinto force with respect to that Party by givingwritten notice of withdrawal to theDepositary. The Depositary shall inform theother Parties of the withdrawal within 30days of receipt of such notice. Thewithdrawal shall become effective six monthsafter receipt of such notice.

ARTICLE XXVISTATUS OF ANNEXES

1. The Annexes to this Convention are anintegral part hereof. All references to thisConvention shall be understood as includingits Annexes.2. Unless the Parties decide otherwise, theAnnexes to this Convention may beamended, by consensus, at any meeting ofthe Parties. Unless otherwise agreed,amendments to an Annex shall enter intoforce for all Parties one year after adoption.

ARTICLE XXVIIAUTHENTIC TEXTS AND CERTIFIED

COPIES1. The English, French, Portuguese, andSpanish texts of this Convention are equallyauthentic.2. The original texts of this Convention shallbe deposited with the Government ofVenezuela, which shall send certified copiesthereof to the Signatory States and to theParties hereto, and to the Secretary Generalof the United Nations for registration andpublication, pursuant to Article 102 of theCharter of the United Nations.

IN WITNESS WHEREOF , the undersigned,having been duly authorized by theirrespective governments, have signed thisConvention.

DONE AT CARACAS, Venezuela, on this firstday of December, 1996.

ANNEX ISEA TURTLES*

1. Caretta caretta (Linnaeus, 1758) Tortugacaguama, cabezuda, cahuama, Loggerheadturtle. Tortue caouanne. CabeÁuda, mestiÁa.

2. Chelonia mydas (Linnaeus, 1758),including populations of this species in theEastern or American Pacific alternativelyclassified by specialists as Chelonia mydasagassizii (Carr, 1952), or as Cheloniaagassizii (Bocourt,1868). Tortuga blanca,aruana, verde. Green sea turtle. Tortue verte.Tartaruga verde, Soe-pschildpad, krapÈ.Common alternate names in the EasternPacific: Tortuga prieta. East Pacific greenturtle, black turtle. Tortue verte du Pacifiqueest.

3. Dermochelys coriacea (Vandelli, 1761)Tortuga la˙d, gigante, de cuero. Leatherbackturtle. Tortue luth. Tartaruga gigante, decouro Lederschildpad, aitkanti.

4. Eretmochelys imbricata(Linnaeus, 1766) Tortuga de carey. Hawksbillsea turtle. Tortue caret. Tartaruga de penteKarÈt.

5. Lepidochelys kempii (Garman, 1880)Tortuga lora. Kemp’s ridley turtle. Tortue deKemp.

6. Lepidochelys olivacea (Eschscholtz,1829) Tortuga golfina. Olive ridley turtle.Tortue oliv‚tre. Tartaruga oliva. Warana.

* Due to the wide variety of common names,even within the same State, this list shouldnot be considered exhaustive.


ANNEX IIPROTECTION AND CONSERVATION OF

SEA TURTLE HABITATS

Each Party shall consider and may adopt, asnecessary and in accordance with its laws,regulations, policies, plans and programs,measures to protect and conserve sea turtlehabitats within its territory and in maritimeareas with respect to which it exercisessovereignty, sovereign rights or jurisdiction,such as:

1. Requiring assessments of theenvironmental impact of marine and coastaldevelopment activities that may affect seaturtle habitats, including: dredging of canalsand estuaries; construction of sea walls, piersand marinas; extraction of raw materials;operation of aquaculture facilities; siting ofindustrial facilities; use of reefs; deposit ofdredged materials and trash; and otherrelated activities;

2. Managing and, when necessary,regulating the use of beaches and coastaldunes with respect to the location anddesign of buildings, the use of artificiallighting and the transit of vehicles in nestingareas;

3. Establishing protected areas and takingother measures to regulate the use of areaswhere sea turtles nest or regularly occur,including permanent or temporary closures,modification of fishing gear, and, to thegreatest extent practicable, restrictions onvessel traffic.

ANNEX IIIUSE OF TURTLE EXCLUDER DEVICES

1. «Shrimp trawl vessel» means any vesselused to catch shrimp species with trawl nets.

2. «Turtle Excluder Device» or «TED» meansa device designed to increase the selectivityof shrimp trawl nets in order to reduce theincidental capture of sea turtles in shrimpfishing operations.

3. Each Party shall require shrimp trawlvessels subject to its jurisdiction that operatewithin the Convention Area to userecommended TEDs that are properlyinstalled and functional.

4. Each Party, in accordance with the bestavailable scientific evidence, may allowexceptions to use of TEDs as required inParagraph 3 only in the followingcircumstances:

a) For shrimp trawl vessels whose nets areretrieved exclusively by manual rather thanmechanical means, and shrimp vessels withtrawl nets for which no TEDs have beendeveloped. A Party allowing such exceptionshall adopt other measures to reduce theincidental mortality of sea turtles that areequally effective and that do not undermineefforts to achieve the objective of thisConvention, such as limits on tow times,closed seasons and closed fishing areaswhere sea turtles occur.

b) For shrimp trawl vessels:i. Exclusively using other trawl gear that hasbeen demonstrated not to pose a risk ofincidental mortality of sea turtles; orii. Operating under conditions where thereis no likelihood of interaction with sea turtles;provided that the Party allowing suchexception provides to the other Parties,either directly or through the Secretariat, ifestablished, documented scientific evidencedemonstrating the lack of such risk orlikelihood;

An Introduction 33

c) For shrimp trawl vessels conductingscientific research under a program approvedby the Party;

d) Where the presence of algae, seaweed,debris, or other special conditions,temporary or permanent, make the use ofTEDs impracticable in a specific area,provided that:i. A Party allowing this exception shall adoptother measures to protect sea turtles in thearea in question, such as limits on tow times;ii. Only in extraordinary emergencysituations of a temporary nature may a Partyallow this exception to apply to more than asmall number of the vessels subject to itsjurisdiction that would otherwise be requiredto use TEDs pursuant to this Annex;iii. A Party allowing this exception shallprovide to the other Parties, either directlyor through the Secretariat, if established,information concerning the specialconditions and the number of shrimp trawlvessels operating in the area in question.

5. Any Party may comment uponinformation provided by any other Partypursuant to Paragraph 4. Where appropriate,the Parties shall seek guidance from theConsultative Committee and the ScientificCommittee to resolve differences of view. Ifthe Consultative Committee sorecommends, and the Parties agree, a Partythat has allowed an exception pursuant toParagraph 4 shall reconsider the allowanceor extent of such an exception.

6. The Parties may, by consensus, approveother exceptions to the use of TEDs asrequired in Paragraph 3, in accordance withthe best available scientific evidence andbased on recommendations of theConsultative Committee and the ScientificCommittee, to account for circumstanceswarranting special consideration, providedthat such exceptions do not undermine

efforts to achieve the objective of thisConvention.

7. For the purposes of this Convention:a) Recommended TEDs shall be those TEDsdetermined by the Parties, with advice fromthe Consultative Committee, to reduce theincidental capture of sea turtles in shrimptrawl fishing operations to the greatestextent practicable;b) At their first meeting, the Parties shalldevelop an initial list of recommended TEDs,which they may modify at subsequentmeetings;c) Until the first meeting of the Parties, eachParty shall determine, in accordance with itslaws and regulations, which TEDs to requirefor use by shrimp trawl vessels subject to itsjurisdiction in order to reduce the incidentalcapture of sea turtles in shrimp trawl fishingoperations to the greatest extent practicable,based on consultations with other Parties.

8. At the request of any other Party or of theConsultative Committee or the ScientificCommittee, each Party shall provide, eitherdirectly or through the Secretariat, ifestablished, scientific information relevant tothe achievement of the objective of thisConvention.

ANNEX IVANNUAL REPORTS

The annual reports referred to in Article XI(1)shall include the following:a) A general description of the program toprotect and conserve sea turtles and theirhabitats, including any laws or regulationsadopted to achieve the objective of thisConvention;b) Any pertinent new laws or regulationsadopted during the preceding year;c) A summary of actions taken, and theresults thereof, to implement measures forthe protection and conservation of sea turtlesand their habitats, such as: operation of turtle


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8. Spotila J.R., Reina R.D., Steyermark A.C., Plotkin P.T. andF.V. Paladino (2000). Pacific leatherback turtles faceextinction. Nature (405): 529-530

9. TroÎng, S. and Drews C. (2004) Money Talks: EconomicAspects of Marine Turtle Use and Conservation. A WWFReport.

10. LeÛn, Y.M., and Bjorndal, K.A. (2002) Selective feeding inthe hawksbill turtle, an important predator in coral reefecosystems. Marine Ecology Progress Series, 245: 249-258

11. Bjorndal, K.A. and Jackson, J.B.C. (2003) Roles of sea turtlesin marine ecosystems: reconstructing the past. En: TheBiology of Sea Turtles Volume II. Lutz, P.L., Musick J.A.y Wyneken, J. (eds). CRC Press, Boca Raton. pp 259-273.

12. Bouchard, S.S. and Bjorndal, K.A. (2000) Sea turtles asbiological transporters of nutrients and energy from marineto terrestrial ecosystems. Ecology, 81(8): 2305-2313

13. Harrison, E., TroÎng, S., Nolasco, D., Crispin, D., Matthews,C., Padidar, K., Gaos, A., Towers, R., JimÈnez, D., Debade,X., Paxton, M., Sawyer, T., GutiÈrrez, A., GarzÛn, J.C.,Machado, J., YaÒez, I., DÌaz, A., and A. Redondo (2003)Reporte Programa de Tortuga Verde 2002, Tortuguero,Costa Rica. Reporte presentado al Caribbean ConservationCorporation y el Ministerio del Ambiente y EnergÌa, SanJosÈ, Costa Rica. 52 p. (disponible en www.cccturtle.org/pdf/cm2002-rep-esp.pdf)

14. Marcovaldi, M.A. and Marcovaldi, G.G. (1999) Marineturtles of Brazil: the history and structure of ProjectoTAMAR-IBAMA. Biological Conservation, 91: 35-41

15. Orrego, C.M. (2002) Causas naturales y antrÛpicas en lamortalidad de las tortugas marinas en el PacÌfico de CostaRica. Tesis de MaestrÌa en Manejo y ConservaciÛn deVida Silvestre. Programa Regional en Manejo de VidaSilvestre, Universidad Nacional, Heredia.

16. Lewison R.L., S.A. Freeman and L.B. Crowder (2004)Quantifying the effects of fisheries on threatened species:the impact of pelagic longlines on loggerhead andleatherback sea turtles. Ecology Letters 7: 221–231

17. ComisiÛn Interamericana del At˙n Tropical - CIAT (2004)Interacciones de tortugas marinas con pesquerÌas atuneras,y otros impactos sobre poblaciones de tortugas. Grupo detrabajo sobre captura incidental, 4™ reuniÛn, Kobe,JapÛn, 14-16 de enero de 2004. Documento BYC-4-05b

18. FAO (2004) La pesca y la seguridad alimentaria. Archivode FAO Focus. www.fao.org/FOCUS/S/Fisheries/incom.htm Consultada 15 de mayo 2004.

camps; improvement and development ofnew fishing gear to reduce incidental seaturtle capture and mortality; scientificresearch, including marking, migration, andrepopulation studies; environmentaleducation; programs to establish andmanage protected areas; cooperativeactivities with other Parties; and any otheractivities designed to achieve the objectiveof this Convention;d) A summary of the actions taken to enforceits laws and regulations, including penaltiesimposed for violations;

e) A detailed description of any exceptionsallowed, in accordance with this Convention,during the preceding year, includingmonitoring and mitigation measures relatedto these exceptions, and, in particular, anyrelevant information on the number ofturtles, nests, and eggs, as well as sea turtlehabitats, affected by the allowance of theseexceptions;f) Any other information the Party may deemrelevant.

An Introduction 35

La tortuga golfina realiza anidaciones masivas (conocidas como “arribadas”), donde miles salen simultáneamente durante 3-5 días a depositar sus huevos en la misma playa.

19. World Wide Fund for Nature – WWF (2004) ConservingMarine Turtles on a Global Scale. WWF International 28p.

20. TRAFFIC (2002) RevisiÛn de CITES sobre la ExplotaciÛn,Comercio y Manejo de Tortugas Marinas en las AntillasMenores, Centro AmÈrica, Colombia y Venezuela.Informe Interino de un estudio comisionado por TRAFFICInternational a nombre de CITES 17p.

21. TRAFFIC North America (2001) Swimming against the tide:Recent Surveys of Exploitation, Trade and Managementof Marine Turtles in the Northern Caribbean. By ElizabethH. Fleming. April 2001. 161 pp

22. Projeto TAMAR-IBAMA. Projeto TAMAR-IBAMA and SeaTurtles of Brazil. www.projetotamar.org.br Consultada16 de abril 2004.

23. Caribbean Conservation Corporation. Sea turtle threats andconservation. www.cccturtle.org Consultada 16 de abril2004.

24. ChacÛn, D. (2002) DiagnÛstico sobre el comercio de lastortugas marinas y sus derivados en el IstmoCentroamericano. Red Regional para la ConservaciÛn delas Tortugas Marinas en CentroamÈrica (RCA). San JosÈ,Costa Rica. 247 p.

25. M·rquez, R., Burchfield, P., Carrasco, M.A., JimÈnez, C.,

DÌaz, J., GarduÒo, M., Leo, A., PeÒa, J., Bravo, R.,and Gonz·lez, E. (2001) ActualizaciÛn sobre la anidaciÛn de la

tortuga lora en MÈxico. Noticiero de Tortugas Marinas,92: 2-4

26. Frazier, J. (1997) Guest editorial: Inter-American Conventionfor the Protection and Conservation of Sea Turtles MarineTurtle Newsletter, 78: 7-13

27. Frazier, J. (1999) Guest editorial: Update on the Inter-American Convention for the Protection and Conservationof Sea Turtles. Marine Turtle Newsletter, 84: 1-3

28. Perrault, A., de Fontaubert, C., Hunter, D., Namnum, S. andBagley, T. (2002) CÛmo Lograr la Efectividad en laConvenciÛn Interamericana para la ProtecciÛn yConservaciÛn de las Tortugas Marinas. Una guÌa dereferencia. WWF Programa para AmÈrica Latina y ElCaribe 24 p.

29. IAC (2003) ConvenciÛn Interamericana para la ProtecciÛny ConservaciÛn de las Tortugas Marinas, PrimeraConferencia de las Partes Contratantes. Informe Final 100p

30. Lutcavage, M., Plotkin, P., Witherington, B, and Lutz. P.(1997) Human Impacts on Sea Turtle Survival in TheBiology of Sea Turtles. Lutz, P. and Musick, J. (eds.). CRCMarine Science Series. p. 395-396.


International cooperation is essential for successful sea turtle conservation. The Inter-American Convention for the Protection and Conservation of Sea Turtles (IAC) enteredinto force in 2001, providing an opportunity for dialogue and action favoring sea turtlemanagement.

This document constitutes reference material that aims to facilitate accession to theConvention by nations of the American continent, and to serve as a guide in negotiationswith national and international organizations, civil society, scientists and coastalcommunities. Furthermore, it provides a collection of concepts and legal tools relevant tothe Convention for professionals and decision makers who work with sea turtles.

Additionally, it includes descriptions of the six species of sea turtles that exist in theAmerican continent with the corresponding illustrations, as well as the complete text ofthe articles of the Convention.

Inter-American Convention for the Protection and Conservation of Sea Turtles

Embajada del Reinode los Páises Bajos

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