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TANO v.

SOCRATES

DOCTRINE

There is absolutely no showing that any of the petitioners qualifies as a subsistence or marginal
fisherman. The Law is valid and applies to the same

Facts:

On December 15, 1992, the Sangguniang Panlungsod ng Puerto Princesa City enacted Ordinance No. 15-92 which took
effect on January 1, 1993 entitled: AN ORDINANCE BANNING THE SHIPMENT OF ALL LIVE FISH AND
LOBSTER OUTSIDE PUERTO PRINCESA CITY FROM JANUARY 1, 1993 TO JANUARY 1, 1998 AND
PROVIDING EXEMPTIONS, PENALTIES AND FOR OTHER PURPOSES THEREOF

The petitioners filed a petition for certiorari and prohibition assailing the constitutionality of:

(1) Ordinance No. 15-92 entitled: "AN ORDINANCE BANNING THE SHIPMENT OF ALL LIVE
FISH AND LOBSTER OUTSIDE PUERTO PRINCESA CITY FROM JANUARY 1, 1993 TO JANUARY 1,
1998 AND PROVIDING EXEMPTIONS, PENALTIES AND FOR OTHER PURPOSES THEREOF"

(2) Office Order No. 23, requiring any person engaged or intending to engage in any business,
trade, occupation, calling or profession or having in his possession any of the articles for which a permit is
required to be had, to obtain first a Mayors and authorizing and directing to check or conduct necessary
inspections on cargoes containing live fish and lobster being shipped out from Puerto Princesa and,

(3) Resolution No. 33, Ordinance No. 2 entitled: "A RESOLUTION PROHIBITING THE
CATCHING, GATHERING, POSSESSING, BUYING, SELLING AND SHIPMENT OF LIVE MARINE
CORAL DWELLING AQUATIC ORGANISMS

The petitioners contend that the said Ordinances deprived them of due process of law, their
livelihood, and unduly restricted them from the practice of their trade, in violation of Section 2, Article XII
and Sections 2 and 7 of Article XIII of the 1987 Constitution and that the Mayor had the absolute authority
to determine whether or not to issue the permit.

They also claim that it took away their right to earn their livelihood in lawful ways; and insofar as
the Airline Shippers Association are concerned, they were unduly prevented from pursuing their vocation
and entering "into contracts which are proper, necessary, and essential to carry out their business
endeavors to a successful conclusion

On 1993, petitioners filed an Urgent Plea for the Immediate Issuance of a Temporary Restraining
Order claiming that despite the pendency of this case, Branch 50 of the Regional Trial Court of Palawan
was bent on proceeding with Criminal Case No. 11223 against petitioners Danilo Tano, Alfredo Tano,
Eulogio Tremocha, Romualdo Tano, Baldomero Tano, Andres Lemihan and Angel de Mesa for violation
of Ordinance No. 2 of the Sangguniang Panlalawigan of Palawan.

Public respondents Governor Socrates and Members of the Sangguniang Panlalawigan of


Palawan defended the validity of Ordinance No. 2, Series of 1993, as a valid exercise of the Provincial
Government's power under the general welfare clause; they likewise maintained that there was no
violation of the due process and equal protection clauses of the Constitution.

Issue: Whether or not the Ordinances in question are unconstitutional

Held: NO
In light then of the principles of decentralization and devolution enshrined in the LGC and the
powers granted therein to local government units under Section 16 (the General Welfare Clause), and
under Sections 149, 447(a) (1) (vi), 458 (a) (1) (vi) and 468 (a) (1) (vi), which unquestionably involve the
exercise of police power, the validity of the questioned Ordinances cannot be doubted.

***Sec. 16. General Welfare. Every local government unit shall exercise the powers expressly granted,
those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its
efficient and effective governance, and those which are essential to the promotion of the general welfare.
Within their respective territorial jurisdictions, local government units shall ensure and support, among
other things, the preservation and enrichment of culture, promote health and safety, enhance the right of
the people to a balanced ecology, encourage and support the development of appropriate and self-reliant
scientific and technological capabilities, improve public morals, enhance economic prosperity and social
justice, promote full employment among their residents, maintain peace and order, and preserve the
comfort and convenience of their inhabitants. (emphasis supplied).

It is clear to the Court that both Ordinances have two principal objectives or purposes: (1) to
establish a "closed season" for the species of fish or aquatic animals covered therein for a period of five
years; and (2) to protect the coral in the marine waters of the City of Puerto Princesa and the Province of
Palawan from further destruction due to illegal fishing activities.

It imposes upon the sangguniang bayan, the sangguniang panlungsod, and the sangguniang
panlalawigan the duty to enact ordinances to "[p]rotect the environment and impose appropriate penalties
for acts which endanger the environment such as dynamite fishing and other forms of destructive fishing .
. . and such other activities which result in pollution, acceleration of eutrophication of rivers and lakes or of
ecological imbalance."

There is absolutely no showing that any of the petitioners qualifies as a subsistence or marginal
fisherman. In their petition, petitioner Airline Shippers Association of Palawan is described as a private
association composed of Marine Merchants; petitioners Robert Lim and Virginia Lim, as merchants;
while the rest of the petitioners claim to be fishermen, without any qualification, however, as to their
status.

Since the Constitution does not specifically provide a definition of the terms subsistence or marginal
fishermen, they should be construed in their general and ordinary sense. A marginal fisherman is an
individual engaged in fishing whose margin of return or reward in his harvest of fish as measured by
existing price levels is barely sufficient to yield a profit or cover the cost of gathering the fish, while a
subsistence fisherman is one whose catch yields but the irreducible minimum for his livelihood.Nothing in
the record supports a finding that any petitioner falls within these definitions.

The petition is dismissed.

Sections 2 and 7 of Article XIII provide:

Sec. 2. The promotion of social justice shall include the commitment to create economic opportunities based on freedom of initiative
and self-reliance.

xxx xxx xxx

Sec. 7. The State shall protect the rights of subsistence fishermen, especially of local communities, to the preferential use of the
communal marine and fishing resources, both inland and offshore. It shall provide support to such fishermen through appropriate
technology and research, adequate financial, production, and marketing assistance, and other services. The State shall also protect,
develop, and conserve such resources. The protection shall extend to offshore fishing grounds of subsistence fishermen against
foreign intrusion. Fishworkers shall receive a just share from their labor in the utilization of marine and fishing resources.
Republic Act No. 7160
Sec. 131 :

p) Marginal Farmer or Fisherman refers to an individual engaged in subsistence farming or fishing


which shall be limited to the sale, barter or exchange of agricultural or marine products produced by
himself and his immediate family;

SECTION 149. Fishery Rentals, Fees and Charges. (a) Municipalities shall have the exclusive
authority to grant fishery privileges in the municipal waters and impose rentals, fees or charges
therefor in accordance with the provisions of this section.

(b) The sangguniang bayan may:

(1) Grant fishery privileges to erect fish corrals, oysters, mussels or other aquatic beds or
bangus fry areas, within a definite zone of the municipal waters, as determined by it: Provided,
however, That duly registered organizations and cooperatives of marginal fishermen shall have
the preferential right to such fishery privileges: Provided, further, That the sangguniang bayan
may require a public bidding in conformity with and pursuant to an ordinance for the grant of
such privileges: Provided, finally, That in the absence of such organizations and cooperatives or
their failure to exercise their preferential right, other parties may participate in the public
bidding in conformity with the above cited procedure.

(2) Grant the privilege to gather, take or catch bangus fry, prawn fry or kawag-kawag or fry of
other species and fish from the municipal waters by nets, traps or other fishing gears to
marginal fishermen free of any rental, fee, charge or any other imposition whatsoever.

(3) Issue licenses for the operation of fishing vessels of three (3) tons or less for which purpose
the sangguniang bayan shall promulgate rules and regulations regarding the issuances of such
licenses to qualified applicants under existing laws; Provided, however, That the sanggunian
concerned shall, by appropriate ordinance, penalize the use of explosives, noxious or poisonous
substances, electricity, muro-ami, and other deleterious methods of fishing and prescribe a
criminal penalty therefor in accordance with the provisions of this Code: Provided, finally, That
the sanggunian concerned shall have the authority to prosecute any violation of the provisions
of applicable fishery laws.
Republic Act No. 8550 February 25, 1998
AIMS:
(a) to achieve food security as the overriding consideration in the utilization, management,
development, conservation and protection of fishery resources in order to provide the food
needs of the population.
(b) to limit access to the fishery and aquatic resources of the Philippines for the exclusive use and
enjoyment of Filipino citizens;
(c) to ensure the rational and sustainable development, management and conservation of the
fishery and aquatic resources in Philippine waters including the Exclusive Economic Zone (EEZ)
and in the adjacent high seas, consistent with the primordial objective of maintaining a sound
ecological balance, protecting and enhancing the quality of the environment;
(d) to protect the rights of fisherfolk, especially of the local communities with priority to municipal
fisherfolk, in the preferential use of the municipal waters
(e) to provide support to the fishery sector, primarily to the municipal fisherfolk, including women
and youth sectors, through appropriate technology and research, adequate financial,
production, construction of post-harvest facilities, marketing assistance, and other services

The state shall ensure the attainment of the following objectives of the fishery sector:
1. Conservation, protection and sustained management of the country's fishery and aquatic resources;
2. Poverty alleviation and the provision of supplementary livelihood among municipal fisherfolk;
3. Improvement of productivity of aquaculture within ecological limits;
4. Optimal utilization of offshore and deep-sea resources; and
5. Upgrading of post-harvest technology.

Section 16. Jurisdiction of Municipal/City Government. - The municipal/city government shall have
jurisdiction over municipal waters as defined in this Code. The municipal/city government, in
consultation with the FARMC shall be responsible for the management, conservation, development,
protection, utilization, and disposition of all fish and fishery/aquatic resources within their respective
municipal waters.
The municipal/city government may, in consultation with the FARMC, enact appropriate ordinances for
this purpose and in accordance with the National Fisheries Policy. The ordinances enacted by the
municipality and component city shall be reviewed pursuant to Republic Act No. 7160 by the sanggunian
of the province which has jurisdiction over the same.
The LGUs shall also enforce all fishery laws, rules and regulations as well as valid fishery ordinances
enacted by the municipal/city council.

Section 18. Users of Municipal Waters. - All fishery related activities in municipal waters, as defined in
this Code, shall be utilized by municipal fisherfolk and their cooperatives/organizations who are listed as
such in the registry of municipal fisherfolk.
The municipal or city government, however, may, through its local chief executive and acting pursuant
to an appropriate ordinance, authorize or permit small and medium commercial fishing vessels to
operate within the ten point one (10.1) to fifteen (15) kilometer area from the shoreline in municipal
waters as defined herein, provided, that all the following are met:
(a) no commercial fishing in municipal waters with depth less than seven (7) fathoms as certified by the
appropriate agency;
(b) fishing activities utilizing methods and gears that are determined to be consistent with national
policies set by the Department;
(c) prior consultation, through public hearing, with the M/CFARMC has been conducted; and
(d) the applicant vessel as well as the shipowner, employer, captain and crew have been certified by the
appropriate agency as not having violated this Code, environmental laws and related laws.

Republic Act No. 9275 March 22, 2004


AN ACT PROVIDING FOR A COMPREHENSIVE WATER QUALITY MANAGEMENT AND FOR OTHER
PURPOSES

Philippine Clean Water Act of 2004.


a) To streamline processes and procedures in the prevention, control and abatement of pollution
of the country's water resources;
b) To provide for a comprehensive management program for water pollution focusing on
pollution prevention;
c) Water Pollution - means any alteration of the physical, chemical, biological, or radiological
properties of a water body resulting in the impairment of its purity or quality.

SECTION 16. Clean-Up Operations. - Notwithstanding the provisions of Sections 15 and 26 hereof, any
person who causes pollution in or pollutes water bodies in excess of the applicable and prevailing
standards shall be responsible to contain, remove and clean-up any pollution incident at his own
expense to the extent that the same water bodies have been rendered unfit for utilization and
beneficial use: Provided, That in the event emergency clean-up operations are necessary and the
polluter fails to immediately undertake the same, the Department, in coordination with other
government agencies concerned, shall conduct containment, removal and clean-up operations.
Expenses incurred in said operations shall be reimbursed by the persons found to have caused such
pollution upon proper administrative determination in accordance with this Act. Reimbursements of
the cost incurred shall be made to the Water Quality Management Fund or to such other funds where
said disbursements were sourced.

RA9147 - "Wildlife Resources Conservation and Protection Act


otherwise known as the National Integrated Protected Areas System (NIPAS) Act, and critical habitats

The Department of Environment and Natural Resources (DENR) shall have jurisdiction over all terrestrial
plant and animal species, all turtles and tortoises and wetland species, including but not limited to
crocodiles, waterbirds and all amphibians and dugong. The Department of Agriculture (DA) shall have
jurisdiction over all declared aquatic critical habitats, all aquatic resources including but not limited to all
fishes, aquatic plants, invertebrates and all marine mammals, except dugong. The secretaries of the
DENR and the DA shall review, and by joint administrative order, revise and regularly update the list of
species under their respective jurisdiction. In the Province of Palawan, jurisdiction herein conferred is
vested to the Palawan Council for Sustainable Development pursuant to Republic Act No. 7611.

All designated, critical habitats shall be protected, in coordination with the local government
units and other concerned groups, from any form of exploitation or destruction which may be
detrimental to the survival of the threatened species dependent therein.
IPRA - f. Right to Safe and Clean Air and Water. - For this purpose, the ICCs/IPs shall have access to
integrated systems for the management of their inland waters and air space;

Section 9. Responsibilities of ICCs/IPs to their Ancestral Domains. - ICCs/IPs occupying a duly certified
ancestral domain shall have the following responsibilities:
a. Maintain Ecological Balance- To preserve, restore, and maintain a balanced ecology in the ancestral
domain by protecting the flora and fauna, watershed areas, and other reserves;
b. Restore Denuded Areas- To actively initiate, undertake and participate in the reforestation of
denuded areas and other development programs and projects subject to just and reasonable
remuneration; and

PUBLIC LAND ACT


Section 104. If at any time after the approval of the application and before the issuance of a patent or
the final concession of the land, or during the life of the lease, or at any time when the applicant or
grantee still has obligations pending with the Government, in accordance with this Act, it appears that
the land applied for is necessary, in the public interest, for the protection of any source of water or for
any work for the public benefit that the Government wishes to undertake the Secretary of Agriculture
and Natural Resources may order the cancellation of the application or the non-issuance of the patent
or concession or the exclusion from the land applied for of such portion as may be required, upon
payment of the value of the improvements

Section 107. In no case shall any land be granted under the provisions of this Act when this affects injuriously the
use of any adjacent land or of the waters, rivers, creeks, foreshore, roads, or roadsteads, or vests the
grantee with other valuable rights that may be detrimental to the public interest.

Section 111. The beneficial use of water shall be the basis, the measure, and the limit of all rights
thereto, and the patents herein granted shall be subject to the right of the Government to make such
rules and regulations for the use of water and the protection of the water supply, and for other public
purposes, as it may deem best for the public good. Whenever, by priority of possession, rights to the
use of water for mining, agricultural, manufacturing, or other purposes have vested and accrued, and
the same are recognized and acknowledged by the local customs, or by the laws and decisions of the
courts, the possessors and owners of such vested rights shall be maintained and protected in the
same, and all patents granted under this Act shall be subject to any vested and accrued rights to
ditches and reservoirs used in connection with such water rights as may have been acquired in the
manner above described prior to April eleven, eighteen hundred and ninety nine.

COAST GUARD LAW

(l) To assist in the enforcement of laws on fisheries, immigration, tariff and customs, forestry, firearms
and explosives, human trafficking, dangerous drugs and controlled chemicals, transnational crimes and
other applicable laws within the maritime jurisdiction of the Philippines;
Presidential Decree No. 979 otherwise known as the Marine Pollution Decree of
1976

Purpose: To prevent, mitigate or eliminate the increased damages of marine resources as a


result of pollution

The marine environment and the living organisms which it supports are of vital importance to
humanity, and all people have an interest in assuring that it is managed and protected, and its
quality is not impaired
The capacity of the sea to assimilate wastes and render them harmless, and its ability to
regenerate nature resources is limited
Marine pollution originates from many sources
There is a need to control public and private activities that cause damage to the marine
environment by using the best practicable means and by developing improved disposal
processes to minimize harmful wastes
There is an urgent need to prevent, mitigate or eliminate the increasing damages to marine
resources as a result of pollution
National Pollution Control Commission has the primary responsibility to promulgate national
rules and policies governing marine pollution, and to issue the same upon consultation with the
Philippine Coast Guard
The Philippine Coast Guard has the primary responsibility of enforcing the laws, rules and
regulations governing marine pollution
Prohibited Acts are as follows:

Discharge, dump, or suffer, permit the discharge of oil, noxious gaseous from or out of any ship,
vessel, barge, or any other floating craft, or other man-made structures at sea, by any method,
means or manner, into or upon the territorial and inland navigable waters of the Philippines
Throw, discharge or deposit, dump, or cause, suffer or procure to be thrown, discharged, or
deposited either from or out of any ship, barge, or other floating craft or vessel of any kind, or
from the shore, wharf, manufacturing establishment, or mill of any kind, any refuse matter of
any kind or description whatever other than that flowing from streets and sewers and passing
therefrom in a liquid state into tributary of any navigable water from which the same shall float
or be washed into such navigable water
Deposit or cause, suffer or procure to be deposited material of any kind in any place on the bank
of any navigable water, or on the bank of any tributary of any navigable water, where the same
shall be liable to be washed into such navigable water, either by ordinary or high tides, or by
storms or floods, or otherwise, whereby navigation shall or may be impeded or obstructed or
increase the level of pollution of such water
Violators shall be liable for a fine or imprisonment for each offense without prejudice to the civil
liability of the offender, clearance from the port of the Philippines of the vessel from which oil or
other harmful substances are discharged may be withheld until the fine is paid
The Philippine Coast Guard shall develop an adequate capability for containment and recovery
of spilled oil for inland waters and high seas use
Philippine Mining ACT:

Undertake an environmental protection and enhancement program covering the period of the mineral
agreement or permit. Such environmental program shall be incorporated in the work program which the
contractor or permittee shall submit as an accompanying document to the application for a mineral
agreement or permit. The work program shall include not only plans relative to mining operations but
also to rehabilitation, regeneration, revegetation and reforestation of mineralized areas, slope
stabilization of mined-out and tailings covered areas, aquaculture, watershed development and water
conservation; and socioeconomic development.

Old growth or virgin forests, proclaimed watershed forest reserves, wilderness area, mangrove forests,
mossy forests, national parks, provincial/municipal forests, parks, greenbelts, game refuge and bird
sanctuaries as defined by law and in areas expressly prohibited under the National Integrated Protected
Area System (NIPAS) under Republic Act No. 7586, Department Administrative Order No. 25, series of
1992 and other laws.

Philippine Environment Code P.D 1152


Section 14. Purpose. It is the purpose of this Title to prescribe management guidelines aimed to protect
and improve the quality of Philippine water resources through:
(a) classification of Philippine waters;
(b) establishment of water quality standards;
(c) protection and improvement of the quality of the Philippine water resources, and
(d) responsibilities for surveillance and mitigation of pollution incidents.

Section 16. Reclassification of Waters Based on Intended Beneficial Use. Where the public interest so
requires, the National Pollution Control Commission, in coordination with appropriate government
agencies, shall reclassify a body of water based on the intended beneficial use and take such steps as
may be necessary to upgrade the quality of said water. Other government agencies may adopt higher
standards for a particular body of water, subject to the approval of the National Pollution Control
Commission.

Section 17. Upgrading of Water Quality. Where the quality of water has deteriorated to a degree where
its state will adversely affect its best usage, the government agencies concerned shall take such
measures as may be necessary to upgrade the quality of such water to meet the prescribed water
quality standards.

Section 18. Water Quality Standards. The National Pollution Control Commission shall prescribe quality
and effluent standards consistent with the guidelines set by the National Environmental Protection
Council and the classification of waters prescribed in the preceding sections, taking into consideration,
among others, the following:
(a) the standard of water quality or purity may vary according to beneficial uses; and
(b) the technology relating to water pollution control.

Section 20. Clean-up Operations. It shall be the responsibility of the polluter to contain, remove
and clean up water pollution incidents at his own expense. In case of his failure to do so, the
government agencies concerned shall undertake containment, removal and clean-up operations
and expenses incurred in said operations shall be charged against the persons and/or entities
responsible for such pollution.

Section 21. Water Quality Monitoring and Surveillance. The various government agencies
concerned with environmental protection shall establish to the greatest extent practicable a
water quality surveillance and monitoring network with sufficient stations and sampling
schedules to meet the needs of the country. Said water quality surveillance network shall put to
maximum use the capabilities of such government agencies. Each agency involved in such
network shall report to the National Environmental Protection Council the results of these
monitoring activities as the need arises.

Section 49. Dumping into the Sea and Other Navigable Waters. The dumping or disposal of solid wastes
into the sea and any body of water in the Philippines, including shorelines and river banks, where these
wastes are likely to be washed into the water is prohibited. However, dumping of solid wastes or other
materials into the sea or any navigable waters shall be permitted in case of immediate or imminent
danger to life and property, subject to the rules and regulations of the Philippine Coast Guard and the
National Pollution Control Commission.

PD 705 - Forestry Reform Code


Section 18. Reservations in forest lands and off-shore areas. The President of the Philippines may
establish within any lands of the public domain, forest reserve and forest reservation for the national
park system, for preservation as critical watersheds, or for any other purpose, and modify boundaries
of existing ones. The Department Head may reserve and establish any portion of the public forest or
forest reserve as site or experimental forest for use of the Forest Research Institute.

Section 19. Multiple use. The numerous beneficial uses of the timber, land, soil, water, wildlife,
recreation value and grass of forest lands shall be evaluated and weighted before allowing the
utilization, exploitation, occupation or possession thereof, or the conduct of any activity therein.
Only the utilization, exploitation, occupation or possession of any forest land, or any activity therein,
involving one or more or its resources, which will produce the optimum benefits to the development
and progress of the country and the public welfare, without impairment or with the least injury to its
other resources, shall be allowed.
All forest reservations may be open to uses not inconsistent with the principal objectives of the
reservation: Provided, That critical watersheds and national parks shall not be subject to logging
operations.

Convention on Biological Diversity,


its objective is to develop national strategies for the conservation and sustainable use of
biological diversity. Rio de Janeiro on 5 June 1992 and entered into force on 29 December
1993 Nagoya Protocol was used
The closing plenary convened in the afternoon to adopt recommendations on inland waters
biodiversity, marine biodiversity, invasive alien species and biodiversity and climate change.

Agenda 21 is a non-binding, voluntarily implemented action plan of the United Nations with regard
to sustainable development

Section II: Conservation and Management of Resources for Development includes atmospheric
protection, combating deforestation, protecting fragile environments, conservation of biological
diversity (biodiversity), control of pollution and the management of biotechnology, and radioactive
wastes.
Section III: Strengthening the Role of Major Groups includes the roles of children and youth,
women, NGOs, local authorities, business and industry, and workers; and strengthening the role
of indigenous peoples, their communities, and farmers.

For example, in the Philippines, the plan is "Philippines Agenda 21" (PA21). The group, ICLEI-Local
Governments for Sustainability, formed in 1990; today its members come from over 1,000 cities, towns,
and counties in 88 countries and is widely regarded as a paragon of Agenda 21 implementation.[4]

What is the Vision of PA 21?


PA 21 envisions a better quality of life for all through the development of a just, moral, creative,
spiritual, economically-vibrant, caring, diverse yet cohesive society characterized by appropriate
productivity, participatory and democratic process and living in harmony within the limits of the carrying
capacity of nature and the integrity of creation.
What is sustainable development?
Sustainable development as defined in the PA 21 (1996) is harmonious integration of a sound and
viable economy, responsible governance, social cohesion and ecological integrity, to ensure that
development is a life-sustaining process.

Principles
The FAO Code recognises the nutritional, economic, social, environmental and cultural importance
of fisheries and the interests of those concerned with the fishery sector. It also takes into account the
biological characteristics of resources and their environment as well as the interests of consumers and
other users.

RAMSAR CONVENTIONS ON WETLANDS - The most recent COP12 was held in Punta del
Este, Uruguay, in 2015. COP13 will take place in Dubai, United Arab Emirates, in 2018.

The 2nd of February each year is World Wetlands Day, marking the date of the adoption of the
Convention on Wetlands on 2 February 1971. Established to raise awareness about the value of
wetlands for humanity and the planet, WWD was celebrated for the first time in 1997 and has grown
remarkably since then. In 2015 World Wetlands Day was celebrated in 59 countries.
CARTAGENA- The Cartagena Protocol on Biosafety to the Convention on Biological Diversity is an
international treaty governing the movements of living modified organisms (LMOs) resulting from
modern biotechnology from one country to another. It was adopted on 29 January 2000 as a
supplementary agreement to the Convention on Biological Diversity and entered into force on 11
September 2003.

Bonn convention : Convention on the Conservation of Migratory Species of Wild Animals -- more
commonly abbreviated to just the Convention on Migratory Species (CMS) or the Bonn Convention --
aims to conserve terrestrial, marine and avian migratory species throughout their range. It is
an international treaty, concluded under the aegis of the United Nations Environment Programme,
concerned with the conservation of wildlife and habitats on a global scale.[1] Since the Convention's
entry into force, its membership has grown steadily to include over 120 Parties from Africa, Central
and South America, Asia, Europe and Oceania. The Convention was signed in 1979 in Bad Godesberg, a
suburb of Bonn(hence the name), and entered into force in 1983. The depositary is the government of
the Federal Republic of Germany.

The CMS Family covers a great diversity of migratory species. The Appendices of CMS include many
mammals, including land mammals, marine mammals and bats; birds; fish; reptiles and one insect.
Among the instruments, AEWA covers 254 species of birds that are ecologically dependent on wetlands
for at least part of their annual cycle. EUROBATS covers 52 species of bat, the Memorandum of
Understanding on the Conservation of Migratory Sharks seven species of shark, the IOSEA Marine Turtle
MOU six species of marine turtle and the Raptors MoU 76 species of birds of prey.

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