The China–Australia Migratory Bird Agreement (CAMBA) is a
bilateral treaty A bilateral treaty (also called a bipartite treaty) is a treaty strictly between two Sovereign state, state entities. It is an agreement made by negotiations between two parties, established in writing and signed by representatives of the parties. T ...
between
Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
and
China
China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
that aims to protect migratory birds and their environment between the two countries. Throughout all six Articles, the treaty defines what a migratory bird is, outlines key prohibitions for both contracting parties and determines the responsibilities of both nations to protect migratory birds and their habitats. The CAMBA was first developed on 20 October 1986, and came into force on 1 September 1988.
Eighty-one bird species are listed in the agreement, as shown in the CAMBA Annex listed below.
The CAMBA was developed to provide more legal protection for migratory birds, especially those that are critically endangered or are at threat of extinction. Both China and Australia have agreed to encourage the creation of programs to support the protection of bird species, to share any information like research on these birds and to ensure conservation such as by preventing the importation of hazardous plants and animals.
Australia has been involved with other migratory bird agreements such as the
Japan-Australia Migratory Bird Agreement (JAMBA) and the
Republic of Korea-Australia Migratory Bird Agreement (ROKAMBA), and also with management plans that aim to combat key threats such as
climate change
In common usage, climate change describes global warming—the ongoing increase in global average temperature—and its effects on Earth's climate system. Climate change in a broader sense also includes previous long-term changes to E ...
and water extraction which have proven to harm bird species. There are also issues associated with migratory bird protection which limits the effectiveness of protecting these species, including the lack of specificity in agreements and difficulties in implementing conservatory measures at a domestic level.
Agreement articles
Article I
Article I defines the term "migratory bird" as a bird that is sufficiently proven to be migrating between China and Australia and those determined by "published reports, photographs and other information".
This Article then states that both contracting parties, being Australia and China, must review the Annex and are given the ability to potentially amend the Agreement upon mutual agreement.
This Article provides opportunities for both contracting parties to amend the CAMBA which has occurred before at the 7th Consultative Meeting between Australia and China on 26 May 2006. The
amendment An amendment is a formal or official change made to a law, contract, constitution, or other legal document. It is based on the verb to amend, which means to change for better. Amendments can add, remove, or update parts of these agreements. They ...
s included altering the scientific
nomenclature
Nomenclature (, ) is a system of names or terms, or the rules for forming these terms in a particular field of arts or sciences. The principles of naming vary from the relatively informal naming conventions, conventions of everyday speech to the i ...
of 17 species in the Annex as well adding the
Roseate Tern
The roseate tern (''Sterna dougallii'') is a species of tern in the family Laridae. The genus name ''Sterna'' is derived from Old English "stearn", "tern", and the specific ''dougallii'' refers to Scottish physician and collector Dr Peter McDoug ...
and removing the
Painted Snipe
The Rostratulidae, commonly known as the painted-snipes, are a family of wading birds that consists of two genera: ''Rostratula'' and '' Nycticryphes''.
Description
The painted-snipes are short-legged, long-billed birds similar in shape to the t ...
.
Article II
Article II prohibits both China and Australia from taking either migratory birds or their eggs unless otherwise permitted in the domestic laws of the respective country given certain circumstances. Some of these circumstances include if such actions are for: "scientific, educational, propagative" or other purposes that align with the motives of the Agreement, the reason is to protect people or property or it is during hunting season as established in Article II.
For instance, the
Department of Primary Industries, Parks, Water and Environment
The Tasmanian Department of Natural Resources and Environment (NRE) is the government department of the Government of Tasmania, Tasmanian Government responsible for supporting primary industry development, the protection of Tasmania's natural en ...
has permitted
Tasmanian Aboriginal
The Aboriginal Tasmanians (Palawa kani: ''Palawa'' or ''Pakana'') are the Aboriginal people of the Australian island of Tasmania, located south of the mainland. For much of the 20th century, the Tasmanian Aboriginal people were widely, and ...
individuals to harvest shearwaters,
[Australian National Report to the 18th JAMBA, 12th CAMBA and 5th ROKAMBA Consultative Meetings, Commonwealth of Australia 2016] which is a historic part of their
muttonbirding
Muttonbirding is the seasonal harvesting of the chicks of petrels, especially shearwater species, for food, oil and feathers by recreational or commercial hunters. Such hunting of petrels and other seabirds has occurred in various locations since p ...
tradition. This Article further states that both parties shall not sell, purchase or exchange migratory birds or eggs, but may determine a criterion for hunting these birds given reproduction rates needed for survival.
During the 2010 to 2011 and 2013 to 2014 breeding seasons, cultural harvesting for Tasmanian Aboriginals was terminated to ensure bird populations returned to their original levels.
Article III
Article III lists three binding statements that both contracting parties are recommended to do. The first states that both nations are encouraged to share information related to the research on migratory birds.
The second encourages both parties to create "joint research programs" focused on migratory birds.
Lastly, both parties should promote the protection of migratory birds, specifically those that are exposed to
extinction
Extinction is the termination of a kind of organism or of a group of kinds (taxon), usually a species. The moment of extinction is generally considered to be the death of the last individual of the species, although the capacity to breed and ...
.
The National
Avian Influenza
Avian influenza, known informally as avian flu or bird flu, is a variety of influenza caused by viruses adapted to birds. Wild Bird (NAIWB) Surveillance Program is an Australian initiative that includes sampling
Anseriformes
Anseriformes is an order of birds also known as waterfowl that comprises about 180 living species of birds in three families: Anhimidae (three species of screamers), Anseranatidae (the magpie goose), and Anatidae, the largest family, which in ...
to monitor influenza viruses.
This program provides information to better improve Australia's understanding of avian influenza in wild birds to protect against environmental and social impacts of diseases.
Article IV
Article IV asserts that both contracting parties must, to the best of their ability: create facilities that protect migratory birds, take necessary steps to preserve and improve the environment of these birds, prevent any harm to both the birds and their environment and monitor and control any animals or plants that are imported that may pose a risk.
In preventing harm and improving the environments of the listed birds, Australia and China considered removing the Painted Snipe from the Annex as they were found to be a different species than those that were in Asia.
However, it is already a threatened species listed under the
Environment Protection and Biodiversity Conservation Act (1999) and was found that it will not lessen the protection to that species and its environment.
Article V
This Article simply states that if either China or Australia request so, both parties must consult in relation to the operation of the Agreement.
Article VI
Article VI outlines that the Agreement will be enacted once both countries notify one another and sign the Agreement. It will be in force for 15 years and either party can give the other party 1 year's notice to terminate the Agreement after this period of time.
Australia's migratory bird protection history
Australia has been a critical nation in protecting migratory birds by taking
conservatory measures in the
East Asian – Australasian Flyway
East or Orient is one of the four cardinal directions or points of the compass. It is the opposite direction from west and is the direction from which the Sun rises on the Earth.
Etymology
As in other languages, the word is formed from the f ...
since the mid-1970s.
[Celebrating Australia’s Migratory Waterbirds and their habitats – Showcasing Australia's Flyway Site Network, Commonwealth of Australia 2017] Australia has made bilateral migratory bird agreements with several Asian countries. It started with
Japan
Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the north ...
(JAMBA) in 1974, China (CAMBA) in 1986 and the
Republic of Korea
South Korea, officially the Republic of Korea (ROK), is a country in East Asia, constituting the southern part of the Korean Peninsula and sharing a land border with North Korea. Its western border is formed by the Yellow Sea, while its east ...
(ROKAMBA) over 15 years ago in 2006.
As well as these bilateral agreements, Australia is a signatory to the
Convention on Wetlands of International Importance
The Ramsar Convention on Wetlands of International Importance Especially as Waterfowl Habitat is an international treaty for the conservation and sustainable use of Ramsar sites (wetlands). It is also known as the Convention on Wetlands. It i ...
, more commonly known as the Ramsar Convention. This intergovernmental treaty primarily focuses on the conservation of
wetland
A wetland is a distinct ecosystem that is flooded or saturated by water, either permanently (for years or decades) or seasonally (for weeks or months). Flooding results in oxygen-free (anoxic) processes prevailing, especially in the soils. The ...
s by ensuring environmental maintenance and ecological sustainability.
The Ramsar Strategic Plan (2009–2015) outlines outcomes to be achieved for the Ramsar Convention. First, there should be an increase in engagement within local communities and awareness of the importance of wetlands on ecosystems.
Second, international coordination with the Ramsar Convention must be maintained to achieve an international wetland network.
Thirdly, there should be a focus on cooperating with international parties to maximise the impact of the agreement.
Further, as a member since 2006, Australia's membership in the East Asian – Australasian Flyway Site Network which was established in 1996 has assisted the encouragement and implementation of more effective conservatory measures for migratory birds. Also, Australia is part of the
which is an environmental treaty as part of the
United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
which aims to improve international coordination of migratory bird conservation.
In more recent developments according to
The Australian Government Department of the Environment and Energy, Australia has demonstrated initiatives interlinked with their commitment to agreements with Japan, China and Korea. The introduction of th
Wildlife Conservation Plan for Migratory Shorebirdsis a national framework focused on the research and development of migratory
shorebirds
245px, A flock of Dunlins and Red knots">Red_knot.html" ;"title="Dunlins and Red knot">Dunlins and Red knots
Waders or shorebirds are birds of the order Charadriiformes commonly found wikt:wade#Etymology 1, wading along shorelines and mudflat ...
within Australia.
The EPBC Act 1999 has assisted the development of the Conservation Plan to facilitate the survival of bird species.
The protection of habitats has been amplified by th
National Landcare Programmeas well as through coordinating measures with th
Commonwealth Environmental Water OfficeParks Australiaand th
Great Barrier Reef Marine Park Authority
Reasons for migratory bird protection
![325 - CURLEW SANDPIPER (6-17-2016) barrow, alaska -03 copy](https://upload.wikimedia.org/wikipedia/commons/e/ee/325_-_CURLEW_SANDPIPER_%286-17-2016%29_barrow%2C_alaska_-03_copy.jpg)
Evaluation of shorebird populations trends in
eastern Australia
The eastern states of Australia are the states adjoining the east continental coastline of Australia. These are the mainland states of Victoria, New South Wales and Queensland, and the island state of Tasmania. The Australian Capital Territory ...
has shown to have plummeted by 79% across 24 years.
As Australia provides a habitat for millions of migratory birds yearly, there is a constant need for protection to prevent extinction and sustain ecosystems.
The decline in inland wetlands within Australia is another threat to migratory birds and a key reason for such agreements. Inland wetlands provide nutrients to surrounding water bodies and resultantly improve birdlife due to the nutrient-abundant habitats.
Due to climate change and water-resource use, inland wetlands have declined and posed a risk to bird species that heavily rely on those habitats.
Migratory bird agreements are created to ensure appropriate steps are taken to ensure the protection of bird environments, such as the role of the CAMBA in terminating contracting parties for bringing plants and animals that may be "hazardous to the preservation of migratory birds and their environment".
Climate change is a major threat posed towards bird species given their sensitivity towards slight weather changes. Changes in climates and global warming not only influence the timing in migration, but also plant diversity in key habitual areas for birds due to processes like
eutrophication
Eutrophication is the process by which an entire body of water, or parts of it, becomes progressively enriched with minerals and nutrients, particularly nitrogen and phosphorus. It has also been defined as "nutrient-induced increase in phytopla ...
which result in higher levels of nitrogen present in water. The increase in
agricultural
Agriculture or farming is the practice of cultivating Plant, plants and livestock. Agriculture was the key development in the rise of Sedentism, sedentary human civilization, whereby farming of Domestication, domesticated species created food ...
efforts has worsened ecosystems due to environmentally unfriendly and unfeasible processes such as the use of chemicals, as well as eutrophication. Rising sea levels is a threat to species that live around coastal lines and increases in forest fires is reducing bird populations due to the effects of climate change. Although there are moderate levels of responses to this specific issue, the increase in awareness and danger of climate change has meant there will be a greater need for more effective responses.
Migratory bird agreements play an important role in protecting and conserving migratory birds and their habitats by outlining both the birds that are protected and the clauses that determine what action contracting parties should be undertaking. Most migratory bird agreements highlight the birds that are protected such as that of the Annex in the CAMBA to ensure specificity and to monitor which birds are being protected over time as treaties like the CAMBA may be amended. For instance, in May 2015, the
Eastern Curlew
The Far Eastern curlew (''Numenius madagascariensis'') is a large shorebird most similar in appearance to the long-billed curlew, but slightly larger. It is mostly brown in color, differentiated from other curlews by its plain, unpatterned brown ...
and
Curlew Sandpiper
The curlew sandpiper (''Calidris ferruginea'') is a small wader that breeds on the tundra of Arctic Siberia.
It is strongly migratory, wintering mainly in Africa, but also in south and southeast Asia and in Australia and New Zealand. It is a va ...
were both listed as
critically endangered, both of which are listed in the Annex. However, two-thirds of Australia's migratory birds remain unprotected under national protection, reflecting the need for further protection on this issue alongside the CAMBA.
Issues
Several issues influence the need for migratory bird protection such as the CAMBA. The top threats include agriculture,
aquaculture
Aquaculture (less commonly spelled aquiculture), also known as aquafarming, is the controlled cultivation ("farming") of aquatic organisms such as fish, crustaceans, mollusks, algae and other organisms of value such as aquatic plants (e.g. lot ...
, biological resource use and natural system modifications.
There is a range of other threats such as shooting, poisoning and
electrocution
Electrocution is death or severe injury caused by electric shock from electric current passing through the body. The word is derived from "electro" and "execution", but it is also used for accidental death.
The term "electrocution" was coined ...
which have all been identified for several years but the impact of these have worsened over time.
Another frequent issue is derived from land-use constraints as a result of an increase in population and economic development. Land threat types include
over-grazing
Overgrazing occurs when plants are exposed to intensive grazing for extended periods of time, or without sufficient recovery periods. It can be caused by either livestock in poorly managed agricultural applications, game reserves, or nature rese ...
,
afforestation
Afforestation is the establishment of a forest or stand of trees (forestation) in an area where there was no previous tree cover. Many government and non-governmental organizations directly engage in afforestation programs to create forests a ...
and burning or fire.
Some issues go beyond the conventional dilemmas identified and are legally related, such as the pitfalls in international agreements. These include gaps in the listing of international migrants, national migrants and other legal mechanisms that aim to conserve migratory birds.
The increase in regulation on rivers and other water bodies is an issue with current migratory bird agreements. The CAMBA recognises laws and regulation as an exception from prohibiting the taking of birds and eggs while encouraging both parties to take measures to protect the environments of these birds.
Although, many international agreements fail to recognise river regulation. The
Murray-Darling Basin for example is largely regulated and experienced some of the largest declines in shorebird populations. Given the size of the Murray-Darling Basin water system, its impact on bird populations has proven to negatively influence ecosystems due to the increase in extraction, regulation and other harmful actions.
The complexity of multilateral treaties is another issue that worsens the effectiveness of protection measures.
There is sophistication surrounding decision-making and implementation given the nature of multinational agreements as individual nations have different attitudes towards treaties.
Legislation protecting specific areas are limited due to political jurisdictions but contrasts with the nature of migratory species being highly cross-jurisdictional.
This national complexity given legal and political barriers makes migratory bird protection harder to implement and measure effectiveness. There has proven to be a greater need for harmonisation between state and federal responses by leveraging the EPBC Act 1999 through integrating it within the legislation to improve coordination.
The complexity of treaties is evident through the implicit language used when defining key terms and often requires other legislation to provide more substantive details to support state governments in upholding protective measures.
Response mechanisms such as the Ramsar Convention are seen as limited in their purpose of responding to migratory bird protection compared to migratory bird agreements such as the CAMBA, given the lack of detail and explicitness within the agreements.
For instance, the Ramsar Convention focuses on the registration of wetland sites while migratory bird treaties have a greater focus on migratory birds in general.
A limitation of migratory bird migration within Australia, as demonstrated by the CAMBA and other bilateral treaties, is that the national government can implement international agreements, with states tending to employ their own regulations and laws. As a major piece of legislation at the national level, the EPBC Act 1999 lists all species under Australia's migratory agreements which have allowed for further management plans to be enacted.
Examples include the Threat Abatement Plan for the incidental catch of seabirds during oceanic longline fishing operations and the Wildlife Conservation Plan for Migratory Shorebirds.
The lack of current international agreements with countries where bird migration is prominent, such as with
Indonesia
Indonesia, officially the Republic of Indonesia, is a country in Southeast Asia and Oceania between the Indian and Pacific oceans. It consists of over 17,000 islands, including Sumatra, Java, Sulawesi, and parts of Borneo and New Guine ...
or
Papua New Guinea
Papua New Guinea (abbreviated PNG; , ; tpi, Papua Niugini; ho, Papua Niu Gini), officially the Independent State of Papua New Guinea ( tpi, Independen Stet bilong Papua Niugini; ho, Independen Stet bilong Papua Niu Gini), is a country i ...
, has meant that those bird species remain largely unprotected.
Despite international agreements, some countries that are involved in bird migration such as shorebirds that follow the Asian-Australasian Flyway, are not parties to an international instrument that aims to protect these species.
Although, this does not occur for all international agreements, with the CAMBA shown to be effective by offering site managers in China training as part of the treaty.
[Gallo-Cajiao, E. 2014. Review of the international policy framework for conserving migratory shorebirds in the East Asian-Australasian Flyway. East Asian-Australasian Flyway Partnership. Brisbane, Australia.] The involvement of the public in improving the protection of migratory birds is often limited too given the heavy reliance of the government on bilateral agreements. As governments tend to work with other stakeholders to integrate supportive measures, the government themselves do not tend to instigate any actions surrounding conversation.
See also
*
Japan–Australia Migratory Bird Agreement
*
Republic of Korea–Australia Migratory Bird Agreement
The Republic of Korea–Australia Migratory Bird Agreement (ROKAMBA) is part of international efforts to conserve migratory birds of the East Asian – Australasian Flyway, along with bilateral migratory bird agreements between Australia and Japan ...
.
References
External links
CAMBA text – Austlii
{{DEFAULTSORT:China-Australia Migratory Bird Agreement
Nature conservation in Australia
Nature conservation in China
Environmental treaties
Migratory Bird Agreement
Migratory Bird Agreement
1986 in China
Treaties concluded in 1986
Treaties entered into force in 1988
Australia–China relations
Bird conservation
1988 in the environment
Animal treaties
1988 establishments in Australia
1986 in Australian law
Bird migration