Debates Parlamentares - Diário 059S1, p. 39 (2014-01-31)

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39 | II Série A - Número: 059S1 | 31 de Janeiro de 2014

ANNEX II

TO THE PROTOCOL ON ENVIRONMENTAL PROTECTION TO THE ANTARCTIC TREATY

CONSERVATION OF ANTARCTIC FAUNA AND FLORA

ARTICLE 1 DEFINITIONS

For the purposes of this Annex: (a) "native mammal" means any member of any species belonging to the Class Mammalia, indigenous to the Antarctic Treaty area or occurring there seasonally through natural migrations; (b) "native bird" means any member, at any stage of its life cycle (including eggs), of any species of the Class Aves indigenous to the Antarctic Treaty area or occurring there seasonally through natural migrations; (c) "native plant" means any terrestrial or freshwater vegetation, including bryophytes, lichens, fungi and algae, at any stage of its life cycle (including seeds, and other propagules), indigenous to the Antarctic Treaty area; (d) "native invertebrate" means any terrestrial or freshwater invertebrate, at any stage of its life cycle, indigenous to the Antarctic Treaty area; (e) "appropriate authority" means any person or agency authorized by a Party to issue permits under this Annex; (f) "permit" means a formal permission in writing issued by an appropriate authority; (g) "take" or "taking" means to kill, injure, capture, handle or molest, a native mammal or bird, or to remove or damage such quantities of native plants that their local distribution or abundance would be significantly affected; (h) "harmful interference" means: (i) flying or landing helicopters or other aircraft in a manner that disturbs concentrations of birds and seals; (ii) using vehicles or vessels, including hovercraft and small boats, in a manner that disturbs concentrations of birds and seals; (iii) using explosives or firearms in a manner that disturbs concentrations of birds and seals; (iv) wilfully disturbing breeding or moulting birds or concentrations of birds and seals by persons on foot; (v) significantly damaging concentrations of native terrestrial plants by landing aircraft, driving vehicles, or walking on them, or by other means; and (vi) any activity that results in the significant adverse modification of habitats of any species or population of native mammal, bird, plant or invertebrate. (i) "International Convention for the Regulation of Whaling" means the Convention done at Washington on 2 December 1946. ARTICLE 2 CASES OF EMERGENCY

1. This Annex shall not apply in cases of emergency relating to the safety of human life or of ships, aircraft, or equipment and facilities of high value, or the protection of the environment. 2. Notice of activities undertaken in cases of emergency shall be circulated immediately to all Parties and to the Committee. ARTICLE 3 PROTECTION OF NATIVE FAUNA AND FLORA

1. Taking or harmful interference shall be prohibited, except in accordance with a permit.

39 | II Série A - Número: 059S1 | 31 de Janeiro de 2014ANNEX IITO THE PROTOCOL ON ENVIRONMENTAL PROTECTION TO THE ANTARCTIC TREATYCONSERVATION OF ANTARCTIC FAUNA AND FLORAARTICLE 1 DEFINITIONSFor the purposes of this Annex: (a) "native mammal" means any member of any species belonging to the Class Mammalia, indigenous to the Antarctic Treaty area or occurring there seasonally through natural migrations; (b) "native bird" means any member, at any stage of its life cycle (including eggs), of any species of the Class Aves indigenous to the Antarctic Treaty area or occurring there seasonally through natural migrations; (c) "native plant" means any terrestrial or freshwater vegetation, including bryophytes, lichens, fungi and algae, at any stage of its life cycle (including seeds, and other propagules), indigenous to the Antarctic Treaty area; (d) "native invertebrate" means any terrestrial or freshwater invertebrate, at any stage of its life cycle, indigenous to the Antarctic Treaty area; (e) "appropriate authority" means any person or agency authorized by a Party to issue permits under this Annex; (f) "permit" means a formal permission in writing issued by an appropriate authority; (g) "take" or "taking" means to kill, injure, capture, handle or molest, a native mammal or bird, or to remove or damage such quantities of native plants that their local distribution or abundance would be significantly affected; (h) "harmful interference" means: (i) flying or landing helicopters or other aircraft in a manner that disturbs concentrations of birds and seals; (ii) using vehicles or vessels, including hovercraft and small boats, in a manner that disturbs concentrations of birds and seals; (iii) using explosives or firearms in a manner that disturbs concentrations of birds and seals; (iv) wilfully disturbing breeding or moulting birds or concentrations of birds and seals by persons on foot; (v) significantly damaging concentrations of native terrestrial plants by landing aircraft, driving vehicles, or walking on them, or by other means; and (vi) any activity that results in the significant adverse modification of habitats of any species or population of native mammal, bird, plant or invertebrate. (i) "International Convention for the Regulation of Whaling" means the Convention done at Washington on 2 December 1946. ARTICLE 2 CASES OF EMERGENCY1. This Annex shall not apply in cases of emergency relating to the safety of human life or of ships, aircraft, or equipment and facilities of high value, or the protection of the environment. 2. Notice of activities undertaken in cases of emergency shall be circulated immediately to all Parties and to the Committee. ARTICLE 3 PROTECTION OF NATIVE FAUNA AND FLORA1. Taking or harmful interference shall be prohibited, except in accordance with a permit.

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