Peru

Law on the conservation and sustainable use of the biological diversity

Law No. 26839, June 1997

Unofficial Private Translation

the PRESIDENT OF the REPUBLIC

Inasmuch as:

The Congress of the Republic has given the following Law:

THE CONGRESS OF THE REPUBLIC HAS GIVEN THE FOLLOWING LAW:

TITLE I: General Provisions

Article 1. - The present law governs the conservation of biological diversity and the sustainable use of its components in agreement with Articles 66 and 68 of the Political Constitution of Peru. The principles and definitions of the Convention on Biological Diversity prevail for application of the present law.

Article 2. - Any reference made in the present Law to " Convention " must be understood to refer to the Convention on the Biological Diversity, approved by Legislative Resolution N° 26181.

Article 3. - The framework of sustainable development, the conservation and sustainable use of the biological diversity implies:

a. The conservation of the diversity of ecosystems, species and genes, as well as to maintain essential ecological processes on which they depend the survival of the species.

b. The promotion of the just and equitable participation in the benefits that are derived from the use of the biological diversity.

c. The stimulation of education, the exchange of information, the development of the capacity of the human resources, scientific investigation and technology transfer, relating to biological diversity and the sustainable use of its components.

d. The promotion of economic development of the country on the basis of the sustainable use of the components of the biological diversity, promoting the participation of the sector deprived for these aims.

Article 4. - The State is sovereign in the adoption of measures for the conservation and sustainable use of biological diversity. In the exercise of this sovereignty the State governs and regulates the sustainable use of the components of the biological diversity.

Article 5. - In fulfillment of the obligation contained in Article 68 of the Political Constitution of Peru, the State promotes:

a. The prioritization of actions for conservation of ecosystems, species and genes, granting them the high ecological, economic, social and cultural value identified in the National Strategy on Biological Diversity referred to in Article 7 of the present law.

b. The adoption of an integrated approach for the handling of land and water, using the hydrographic river basin as management unit and environmental planning.

c. The conservation of the natural ecosystems as well as the territories of culture, promoting the use of suitable techniques for sustainable management.

d. The prevention of the contamination and degradation of terrestrial and aquatic ecosystems, through conservation and management practices.

e. The rehabilitation and restoration of degraded ecosystems.

f. The creation of conditions, including the financial mechanisms, and provision of the necessary resources, for suitable management of biological diversity.

g. The adoption of clean technologies that improve the productivity of ecosystems, as well as the integrated management of the natural resources.

h. The incorporation of ecological criteria for the conservation of biological diversity in the processes of environmental and territorial ordering.

i. Cooperative efforts and joint initiatives between the public and private sector for the conservation of biological diversity and the sustainable use of its components.

Article 6. - The State will adopt measures, such as economic instruments and others, to stimulate the conservation and sustainable use of biological diversity.

TITLE II: Planning

Article 7. - The National Strategy of Biological Diversity constitutes the main planning instrument for fulfilling the objectives of the present law and the Convention. Programs and plans of action will be established for conservation of biological diversity, the sustainable use of their components and the just and equitable participation in the benefits derived from their use.

Article 8. - The Strategy, programs and plans of action for the conservation and sustainable use of biological diversity will be formulated through participatory processes and their results will be incorporated into plans and national policies being of high-priority fulfillment.

Article 9. - It corresponds to the instance of intersectoral coordination, referred to in Article 32 of the present law, to summon the participatory process and to lead the processing of the National Strategy of Biological Diversity.

TITLE III: Inventory And Pursuit

Article 10. - In application of Article 32 concerning the elaboration of an annual report of the situation of biological diversity of the country, each Sector will periodically elaborate and create in a coordinated way an inventory and valuation of the components of biological diversity within their jurisdiction.

Article 11. - The sectorial authorities with jurisdiction in the use of components of biological diversity must prepare periodic evaluations of the management and/or use of those components in order to adopt necessary measures for their maintenance and conservation.

Article 12. - In application of Article 32 of the present law, it promotes integration, systematization and diffusion of the information relative to the state of the components of biological diversity.

TITLE IV: Conservation Mechanisms

Article 13. - The State promotes the establishment and implementation of mechanisms of conservation in situ of biological diversity, such as the declaration of Natural Areas Protected and the regulated management of other natural ecosystems, to guarantee the conservation of ecosystems, species and genes in their place of origin and to promote their sustainable use.

Article 14. - The State promotes the establishment of ex situ conservation centers such as herbariums, botanical gardens, banks of genes, among others, to complement in situ conservation measures. These centers will prioritize the maintenance and planning of native species and their wild relatives.

Article 15. - The activities of the conservation centers ex situ must be adapted to the norms of access to the genetic resources and the established general principles in the present Law.

TITLE V: Natural Protected Areas

Article 16. - There are Natural Protected Areas, with continental and/or marine places of the national territory, recognized, established and protected legally by the State due to its importance to conserve biological diversity and other values associate. These areas are established with definitive character and the modification of their governance can only be authorized by Law.

Article 17. - The Natural Protected Areas of the country conform as a whole the National System of Natural Areas Protected by the State (SINANPE), to which the public institutions of the Central Government are integrated, Regional Governments, private Municipalities, institutions and the local populations that act, take part or participate, directly or indirectly, in the management and development of the Natural Protected Areas.

Article 18. - The Natural Protected Areas established by the State are of public dominion and, therefore, they cannot be adjudged to be the property of an individual. The exercise of the property and the other acquired real rights prior to the establishment of the Natural Protected Areas, must become in harmony with the aims and objectives for which these were created.

Article 19. - The Natural Protected Areas fulfill their objectives through different categories of management, which may include a gradation of options such as Areas of indirect use and Areas of direct use.

Article 20. - The sectors and the different levels of government will ensure that activities undertaken in the adjacent zones or Buffer Zones of the Natural Protected Areas do not jeopardize the fulfillment of the Natural Protected Area's aims.

Article 21. - The State promotes the private participation in the management of the areas of SINANPE. The granting of rights to individuals obliges them to fulfill the policies, plans and norms that are determined for the Natural Protected Areas.

Article 22. - The use of natural resources in Natural Protected Areas, and any other activity that is made within them, can only be authorized if it is compatible with the category for which the area is zoned, as well as with the management plans for the areas. These activities must not put in risk the fulfillment of the aims and primary objectives for which the area was established.

TITLE VI: Native and Farm Communities

Article 23. - The importance and the value of the knowledge, innovations and practices of the native and farmer communities, for the conservation and sustainable use of biological diversity are recognized.

Also, the necessity is recognized to protect this knowledge and to establish mechanisms to promote its use with the informed consent of these communities, guaranteeing the just and equitable distribution of benefits derived from its use.

Article 24. - The knowledge, innovations and practices of the local, native and farmer communities associated with biological diversity, constitute their cultural patrimony, and for that reason, they have right and the faculty to decide upon its use.

TITLE VII: Scientific and Technological Investigation

Article 25. - The State, with participation of the private sector, promotes:

a. The development of scientific research, access, generation and transfer of appropriate technologies, including the biotechnology.

b. The exchange of information and technical personnel of the organizations dedicated to the conservation and/or research of biological diversity.

c. The processing and execution of a plan of action of scientific investigation on biological diversity as part of the National Strategy of Biological Diversity.

d. The research applied to the solution of problems referred to the loss, degradation or diminution of the components of biological diversity.

Article 26. - One declares of priority and national interest the scientific research on:

a. Knowledge of species of flora, fauna, microorganisms and ecosystems through inventories, studies and environmental pursuit.

b. Management and conservation of ecosystems and wild species of economic, scientific, social or cultural importance.

c. Knowledge, conservation and industrial and medicinal application of the genetic resources by means of traditional and modern biotechnology.

d. Diversified use of the more abundant resources of biological diversity and substitution of the least abundant.

e. Conservation and sustainable management of ecosystems, in particular forests, the fragile lands, barren and semi-arid lands, and wetlands.

f. Restoration of degraded zones.

g. Development of appropriate technology and the complementary use of traditional technologies with modern technologies.

TITLE VIII: Genetic Resources

Article 27. - The rights granted in biological resources are not rights granted to the genetic resources contained in them.

Article 28. - The State is a party and participates in the procedure of access to genetic resources.

Article 29. - By express legal norm, the process for access to the genetic resources or its derived products is established. Partial or total limitations to this access will be established in the following cases:

a. Endemism, rare or endangered species subspecies, varieties or races;

b. Conditions of vulnerability or fragility in the structure or function of ecosystems that could be aggravated by access activities;

c. Adverse effects of access activity on human health or essential elements of the cultural identity of local communities (pueblos);

d. environmental impacts relating to access activities that are difficult to control or undesirable relating to species and ecosystems;

e. Danger of genetic erosion caused by access activities;

f. Regulations on biosafety; or,

g. strat