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SECRETARY OF URBAN DEVELOPMENT AND ECOLOGY

Agreement whereby the National Commission for the Knowledge and Use of Biodiversity is created

*OFFICIAL GAZETTE, Monday, March 16, 1992

  • WHEREAS
  • AGREEMENT
  • TRANSITORY

    At the margin, there is a seal with the National Coat-of-Arms that says: United Mexican States.- Presidency of the Republic.

    CARLOS SALINAS DE GORTARI, Constitutional President of the United Mexican States, in the exercise of the power conferred upon me by section I of article 89 of the Political Constitution of the United Mexican States, and as prescribed by articles 9, 21, 28, 31, 33, 34, 35, 37, 38, 39, and 43 of the Organic Law of the Federal Public Administration, and

    WHEREAS

    Various strategies and lines of action have been provided in the 1989-1994 National Development Plan that tend toward the ecological code of laws and protection of natural resources, inasmuch as the irrational use thereof has placed the ecosystems at risk.

    There is a large number of animal and vegetable species in our country that are unique on the planet and many of them are threatened or in danger of extinction; their conservation shall have high priority.

    Mexico is recognized as one of the places of greater biological diversity on the planet. Some recent estimates indicate that between 8% and 10% of the plant and vertebrate terrestrial animal species gather within the nation. Perhaps there might be a minimum of five hundred thousand species of all the groups in the territory.

    In addition to its great biological wealth, the nation has a scientific tradition in the areas devoted to the study and research of biological resources, as well as a group of scientists recognized worldwide. Mexico has been a source of a large quantity of plants grown that represent the food supply of our country and of many other countries.

    Starting with this intellectual common property, the nation has developed a series of advances and projects of great value that form a point of departure and a solid base on which to lay the foundation of a national program for the study, conservation, and rational use of Mexico's biological resources.

    The conservation of biodiversity is of vital importance for the maintenance of the nation's hydric resources through its hydrological basins.

    Moreover, our nation has made a great investment in the knowledge of its biological diversity and its experience in this regard can be attested starting with the development of projects such as the Flora de Veracruz (Flora of Veracruz), Flora Mesoamericana (Mesoamerican Flora), and the Consejo de la Flora de Mexico (Board of Flora of Mexico), among other things.

    Broad programs must be implemented for the development of trained personnel to in order to know, use, and conserve Mexico's biodiversity through a national effort of coordination and agreement.

    This requires having a biodiversity information center in Mexico, by incorporating border technology in the field like satellite images, for example, since no institution presently has the capacity to gather this information.

    Biodiversity constitutes a patrimony of great economic, aesthetic, and cultural value for Mexico. Its conservation is a fundamental condition for the permanence of life itself on earth which our own survival as a species is contingent upon.

    The consequences that possible climatic changes can bring about on biodiversity patterns in Mexico must be studied so that, in such case, they can be mitigated.

    As a result of human activity, extinction rates of species have increased between 1,000 and 10,000 times, with regard to naturally existing rates. This can erode biological groups that provide the necessary variance for future diversification processes.

    Not only must tropical zones and humid jungles, where over tow thousand five hundred usable products have been detected, be conserved, but arid zones and coastal, marine ecosystems which have a great biological diversity, must also be conserved.

    This biodiversity wealth must be incorporated as part of the national culture, therefore, much attention must be given to carrying out dissemination programs on the existing biodiversity in Mexico.

    We must develop processes to give added value to Mexico's natural resources and explore the economic value in detail of the economic models that take into account the depletion of natural resources.

    The costs and benefits of the use of natural resources such as loss of soil, overexploitation, and deforestation, which reaches rates of between 2% and 4.5% annually in tropical rain forests, must be incorporated into Mexico's accounting.

    Biotechnology has great potential to generate economic wealth and development within this sector in Mexico.

    Notwithstanding the nation's great resources and natural elements, the alterations caused by human actions constitute an undeniable threat to this patrimony. The loss of this wealth not only implies the erosion of the nation's biological diversity, but also the destruction of a great amount of resources that could be of use for mankind.

    Our country is in a favorable situation to carry out a program of major importance to protect biological diversity it has and, at the same time, take advantage of the enormous potential of directly using its natural resources, therefore, I have considered it appropriate to issue the following:

    AGREEMENT WHEREBY THE NATIONAL COMMISSION IS CREATED FOR THE KNOWLEDGE AND USE OF BIODIVERSITY

    ARTICLE FIRST.- The Intersecretarial Commission is hereby created on a permanent basis for the Knowledge and Use of Biodiversity whose purpose shall be to coordinate the actions and studies related to the knowledge and preservation of biological species, as well as to promote and develop scientific research activities for the exploration, study, protection, and use of biological resources tending toward the conservation of the nation's resources and generate criteria for its defensible handling. 

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    ARTICLE SECOND.- The Commission shall consist of the Chief Federal Executive Office Holder, who shall have the capacity President thereof, and the holders of the secretaries of Foreign Affairs, Finance and Public Credit, Energy, Mines and Parastate Industry, Commerce and Industrial Development, Agriculture and Hydraulic Resources, Urban Development and Ecology, Public Education, Health and Fishing. In his absence, the Chief Federal Executive Office Holder shall be substituted by the Secretary whom he himself shall determine; the representatives themselves shall designate their own substitutes who shall have a level that shall not be inferior to that of a Subsecretary. 

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    ARTICLE THIRTH.- The International Commission shall have a National Coordinator designated by the President of the Republic, proposed by the members of the Commission itself.

    The Secretary of Urban Development and Ecology shall hold the position of Technical Secretary of the Commission itself.

    The President of the Commission, through the Technical Secretary, may convene other Federal Public Administration agencies and entities when, by virtue of his office and pursuant to the matters to be dealt with, their participation is deemed advisable. Likewise, he may invite the authorities of the other federal entities and municipalities in order to successfully coordinate the actions required to be carried out on different government levels. 

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    ARTICLE FOURTH.- The Commission shall hold a meeting at least once a year, without prejudice of holding extraordinary meetings when determined by the President thereof.

    ARTICLE FIFTH.- The Commission may invite the Universidad Nacional Autonoma de Mexico (National Autonomous University of Mexico), Instituto Politecnico Nacional (National Polytechnic Institute), and other universities and research institutions to participate in its programs, as well as various members of the scientific community, groups, and institutions whose specialty or purpose is related to its activities. Moreover, within the scope of establishing the National Planning System, representatives shall be invited from the social and private sectors related to scientific research and the processes of exploitation, use, and conservation of biological resources. 

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    ARTICLE SIXTH.- The Commission shall discharge the following duties:

    I. Generate, compile, and handle information for establishing a program on the nation's biological inventories that contribute elements to know the distribution of the various species of flora and fauna qualitatively and quantitatively in Mexico, both by zones and regions.

    II. Synthesize the information relative to the nation's biological resources in a data bank that must be kept updated permanently.

    III. Promote the development of projects concerning the potential and use of conventional and non-conventional biological resources.

    IV. Advise governmental agencies, as well as social and private sectors on technical and applied research aspects regarding the use and conservation of biological resources.

    V. Promote the regional and nationwide dissemination of the nation's biological wealth, the various forms of use and exploitation for mankind, as well as to carry out the broadest dissemination in reference to the measures proposed to prevent the deterioration and destruction of these resources.

    VI. Approve the internal regulations, annual work programs, a budget of expenditures of the Commission itself, and the general lines of advance thereof.

    VII. The others necessary for complying with their purpose. 

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    ARTICLE SEVENTH.- The National Coordinator of the Commission shall be in charge of the tasks of drawing up annual programs that shall be submitted to the core of the Commission itself. 

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    ARTICLE EIGHTH.- The National Coordinator of the Commission shall prepare and submit the budget of expenditures to said Commission that shall consist of the contributions made by the agencies comprised thereof, in compliance with budgetary availabilities thereto, in conformity with the authorized programs.

    The National Coordinator shall have a group of administrative, operative support, in charge of the progress, management, administration, and assignment of the Commission's resources, and he shall adhere to the guidelines approved annually by said Commission. In order to reach its objectives, the Commission shall also promote the contribution of financial and material resources by the social and private sectors, by entering into the applicable agreements. 

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    ARTICLE NINTH.- The Technical Secretary of the Commission shall discharge the following duties:

    I. Submit the proposed bylaws of the Commission itself for the Commission's approval.

    II. Submit the priorities of the research programs for consideration by the Commission, as well as a report of the National Coordinator's activities.

    III. Follow-up on the agreements made in the Core of the Commission and periodically report thereto on the compliance and execution thereof.

    IV. Gather the information that enables the Commission to monitor the execution of the programs and actions agreed upon by the Commission.

    V. Convene the meetings of the Commission.

    VI. The others assigned thereto by the Commission. 

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    ARTICLE TENTH.- For the performance of his duties, the National Coordinator of the Commission shall be assisted by the following technical groups:

    I. Technical group of Analysis of Properties, Prospective Analysis, and Work Program Performance Analysis.

    II. Technical Group of Project and Proposal Analysis.

    The bylaws of the Commission shall determine the form of integration and functioning of the technical groups, as well as the institutions, researchers, and technicians it deems advisable to incorporate for the performance of its activities. Each group shall operate under the responsibility of a director. 

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    ARTICLE ELEVENTH.- For the development of its activities, The Commission may establish regional centers of an operative nature throughout Mexico, which shall carry out their actions on a coordinated basis, as prescribed by the Commission's bylaws.

    For better performance of its duties, the regional centers shall subject themselves to the instructions and guidelines determined by the National Coordinator of the Commission, in conformity with the applicable programs. 

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    TRANSITORY

    FIRST.- This agreement shall go into effect on the day subsequent to the publication thereof in the Federal Official Gazette.

    SECOND.- The National Commission shall issue its bylaws within the 90 days subsequent to the establishing thereof.

    Given in the Residence of the Federal Executive Power in Mexico City, Distrito Federal on the thirteenth day of the month of March of nineteen hundred and ninety-two.- Carlos Salinas de Gortari.- Paraph.- The Secretary of Foreign Affairs, Fernando Solana Morales.- Paraph.- The Secretary of Finance and Public Credit, Pedro Aspe Armella.- Paraph.- The Secretary of Energy, Mining, and Parastate Industry, Fernando Hiriart Balderrama.- Paraph.- The Secretary of Commerce and Industrial Development, Jaime Serra Puche.- Paraph.- The Secretary of Agriculture and Hydraulic Resources, Carlos Hank González.- Paraph.- The Secretary of Urban Development and Ecology, Patricio Chirinos Calero.- Paraph.- The Secretary of Public Education, Ernesto Zedillo Ponce de León.- Paraph.- The Secretary of Health, Jesús Kumate Rodríguez.- Paraph.- The Secretary of Fishing, Guillermo Jiménez Morales.- Paraph. 

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