[Congressional Record Volume 148, Number 109 (Tuesday, September 3, 2002)]
[Senate]
[Pages S8091-S8092]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     EXECUTIVE REPORT OF COMMITTEE

  The following executive report of committee was submitted:

       By Mr. BIDEN, from the Committee on Foreign Relations:
       Treaty Doc. 103-5 1990 Protocol to the 1983 Maritime 
     Environment of the Widen Caribbean Region Convention (Exec. 
     Rept. No. 107-8)

        Text of Committee Recommended Resolution of Ratification

       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Advice and Consent to Ratification of the 
     Protocol Concerning Specifically Protected Areas and Wildlife 
     to the Convention for the Protection and Development of the 
     Marine Environment of the Wider Caribbean Region, subject to 
     Reservations, an Understanding, and a Declaration.
       The Senate advises and consents to the ratification of the 
     Protocol Concerning Specially Protected Areas and Wildlife to 
     the Convention for the Protection and Development of the 
     Marine Environment of the Wider Caribbean Region, including 
     Annexes, done at Kingston on January 18, 1990 (Treaty Doc. 
     103-5), subject to the reservations in section 2, the 
     understanding in Section 3, and the declaration in Section 4.
       Section 2. Reservations.
       The advice and consent of the Senate under section 1 is 
     subject to the following reservations, which shall be 
     included in the instrument of ratification.
       (1) The United States of America does not consider itself 
     bound by Article 11(1) of the Protocol to the extent that 
     United States law permits the limited taking of flora and 
     fauna listed in Annexes I and II--
       (A) which is incidental, or
       (B) for the purposes of public display, scientific 
     research, photography for educational or commercial purposes, 
     or rescue and rehabilitation.
       (2) The United States has long supported environmental 
     impact assessment procedures, and has actively sought to 
     promote the adoption of such procedures throughout the world. 
     U.S. law and policy require environmental impact assessments 
     for major Federal actions significantly affecting the quality 
     of the human environment. Accordingly, although the United 
     States expects that it will, for the most part, be in 
     compliance with Article 13, the United States does not accept 
     an obligation under Article 13 of the Protocol to the extent 
     that the obligations contained therein differ from the 
     obligations of Article 12 of the Convention for the 
     Protection and Development of the Marine Environment of the 
     Wider Caribbean Region.
       (3) The United States does not consider the Protocol to 
     apply to six species of fauna and flora that do not require 
     the protection provided by the Protocol in U.S. territory. 
     These species are the Alabama, Florida and Georgia 
     populations of least tern (Sterna antillarum), the Audubon's 
     shearwater (Puffinus lherminieri), the Mississippi, Louisiana 
     and Texas population of the wood stork (Mycteria americana) 
     and the Florida and Alabama populations of the brown pelican 
     (Pelicanus occidentalis), which are listed on Annex II, as 
     well as the fulvous whistling duck (Dendrocygna bicolor), and 
     the populations of widgeon or ditch grass (Rupia maritima) 
     located in the continental United States, which are listed on 
     Annex III.
       Section 3. Understanding.
       The advice and consent of the Senate under section 1 is 
     subject to the following understanding, which shall be 
     included in the instrument of ratification:
       The United States understands that the Protocol does not 
     apply to non-native species, defined as species found outside 
     of their natural geographic distribution, as a result of 
     deliberate or incidental human intervention. Therefore, in 
     the United States, certain exotic species, such as the 
     muscovy duck (Carina moschata) and the common iguana (Iguana 
     iguana), are not covered by the obligations of the Protocol.

[[Page S8092]]

       Section 4. Declaration.
       The advice and consent of the Senate under section 1 is 
     subject to the following declaration:
       Existing federal legislation provides sufficient legal 
     authority to implement United States obligations under the 
     Protocol. Accordingly, no new legislation is necessary in 
     order for the United States to implement the Protocol.

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