Chris Wold and Tom Ankersen
(September 1997)

The Draft Agreement for the Conservation of Sea Turtles in Costa Rica, Nicaragua, and Panama (the Agreement) provides a framework for a coordinated and systematic trilateral approach to conservation of sea turtles. It can also serve as a sub-regional mechanism for implementation of the recently concluded Inter-American Convention for the Protection and Conservation of Sea Turtles. As with some other conventions, this Agreement requires the Parties to protect habitat. It also prohibits certain activities that are harmful to sea turtles. Unlike other conventions, however, the Parties must establish a regional system of protected habitats based upon the biological requirements of sea turtles specific to these three countries. The Parties must include a number of nesting beaches and marine habitats in annexes for protection as a condition of signing the Agreement. This "annex" approach provides the Parties with a mechanism to protect habitat that is important to sea turtles throughout their life cycle, because the Parties together decide which marine and terrestrial habitats to protect. By listing protected areas on an annex to the Agreement, this approach also offers the Parties flexibility to add or remove protected habitats from the annexes as new information is obtained. The Agreement also prohibits certain activities that are harmful to sea turtles.

The Agreement also is different because it assigns significant implementation and enforcement duties to the Sea Turtle Advisory Committee, a nine-member committee of governmental officials, fishermen, local people, and scientists. This Agreement also prohibits many activities until the Parties demonstrate that they are sustainable or do not harm sea turtles. Because almost all uses of sea turtles are unsustainable, this Convention applies the precautionary principle. Nonetheless, the Convention provides opportunities for sustainable use. Local communities can petition for exemptions from the prohibitions of the Convention. The Parties must conduct or fund research to better understand the ecological needs of sea turtles.

The following paragraphs discuss some of the more important aspects of the Convention.

The Sea Turtle Advisory Committee. This Committee is charged with implementing and enforcing many of the Agreement's provisions. For example, the Committee must prepare a management plan to conserve populations of sea turtles shared by Costa Rica, Nicaragua, and Panama. In addition, the Committee reviews petitions for exemptions from the Convention's prohibitions. The composition of the Committee should help ensure that the decisions are based on the best scientific information and knowledge of the needs of the communities. Article VII and VIII.

Habitat Conservation Obligations. The Parties are required to identify and list in an Annex protected nesting beaches and marine habitats. Once listed, the Parties must develop protected area management plans that are consistent with regional objectives for a regional system of protected areas based on the life histories of the sea turtles covered by the agreement. Article IV.

Regional management Plan. Through the Sea Turtle Conservation Advisory Committee, the Parties are required to develop a regional management plan to provide guidelines and criteria for the regional protected area system, and research and monitoring at the regional level. The plan must be produced with public participation and will serve as the basis for individual protected area management plans within the regional system. Article V.

General Prohibitions. General prohibitions apply in terrestrial and marine habitats not designated as protected habitat. These include prohibitions against intentional capture of sea turtles, including collecting eggs; trade; and harm to sea turtle habitat. In order to maintain its focus on habitat protection, the agreement defers to the Inter-American Convention and CITES with respect to issues concerning turtle excluder devices (TEDs) and international trade. Article VI.

Provisions for Sustainable Use. The prohibitions are not without exception, however. The Agreement permits sustainable use of sea turtles for subsistence purposes, but ensures that the petitioner for an exception provides the Committee with sufficient information to determine whether the use is likely to be sustainable. For example, a petitioner must provide, among other things, population surveys and an environmental impact assessment. The Agreement also recognizes that local people cannot afford these surveys and assessments. In these situations, the Parties are required to fund the surveys. Article IX.

Research and Monitoring. The Parties also must conduct or fund research essential to better understand the migrations of sea turtles and the factors which influence their survival. The Parties specifically must conduct or fund DNA testing to help identify the nesting beaches of adult sea turtles caught at sea. The Parties also must monitor sea turtle mortality and nesting activities. In addition, through the Committee, the Parties are required to develop standardized monitoring protocols at the regional level. Article XI and XII.

Enforcement. The Agreement requires the Parties to cooperate in enforcing the Agreement. For example, the Committee may inspect nesting beaches for compliance with the Agreement's provisions. If it determines that violations are occurring at the nesting beach, it can assign observers to protect the beach. The Agreement makes clear that citizens have the right to enforce the provisions of this Agreement. Article XI.

International Cooperation and Coordination. The Agreement enables other countries to become Parties. In addition, the Agreement requires Parties to the Agreement to provide notice to the other Parties prior to undertaking activities that may affect the conservation status of sea turtles within the geographic scope of the Agreement. Article X.

Other Provisions. The Agreement also provides for annual reporting and establishes a fund to ensure its implementation. Articles XIII and XIV.