On 12th of June 1995 Poland ratified by signatures of the President and the Minister of Foreign Affairs the Convention on the conservation of the European wildlife and natural habitats,(Bern 19th of Sept. 1979), after notification by government additional reservations to some of its items, which were published in Journal of Law of the Republic of Poland - Dziennik Ustaw no. 58/96 of 25.05.1996, pos 264. It means, that it should become a part of  the Polish law and basis for further regulations.

I have bought the text of the Convention in Polish Government Publishing House. It was published in the Polish and English language versions. While comparing both versions, I have noticed, that in the Polish text whole part of Appendix IV, about prohibited means and methods of killing, capture and other forms of exploitation for freshwater fish and crayfish has disappeared. Also, in my opinion, translation of this Appendix part for mammals was not correct.

I have notified to the Polish Ministry of Foreign Affairs about these discoveries in letter on 8th of November 1996. Copy of this letter was sent to the parliament chancellery.

Shortly:

• 1. Poland did not notify any reservations referring Appendix IV - to prohibited means and methods of killing, capture and other forms of exploitation of any animals, including commercial capture of living hares with nets and fishing with alternate current.
• 2. Translations of the international conventions should be correct if state wants to be respected inside international community.
• 3. If the two versions of text are different, which one is valid in Poland?

In meantime, up to end of 1999:

• 1. The Convention has been in force since 1st of January 1996,
• 2. Publication of correction to the text of the Convention was postponed and postponed...
• 3. Amendment of hunting law by parliament (Sejm) of 1997 allows commercial capture of living hares with nets for export.
• 4. Minister of Agriculture has published regulation about inland fishing, where electrical fishing tools are among legal means of fishing. (Dz.U. 60/97 pos.372 it.9.1.9), if built according the standard no. BN-74/9197-01. All later updates of this regulation confirmed it.

Polish versions of such text was sent to some ministries and President of Poland in August 1997, but because of the elections in September 1997 and all turmoil around it, answer from Ministry of Environment Protection came dated 4th Nov.1997.

Meantime, I revived Polish reservations to the Appendix I: list of plants species, which were declared as not endangered in Poland, and therefore would be not protected. Some latin names I was not able to identify in my materials (I am shipbuilding engineer), however, many of them were found in "Polish Plant Red Data Book" (5 out of 15) and next 3 species in my Atlas of plants with remark "seldom", "close to be extinct". Then, majority of another species were identified as seldom or close to extinct by friends from mailing list greenspl@plearn.edu.pl. Indeed, none of them are listed as plants protected in Poland, even if the regulation on protected plants contain many very popular species.
However, for example, banana trees are also not endangered in Poland - they are just not growing wild here. Was it this way of official thinking about plants?

Let us go back to the letter from Ministry of Environment letter of 4th Nov. 1997.

The undersigned person was the same official, who confirmed my opinions before. So, he confirmed the fact, that corrections of Polish translation of the Convention were not published, because some appendixes have been revived. All work around it was too complicated to do it fast, it means in half year from first confirmation. I guess, he meant, that correction would be never published, because, I hope, the Convention will always be adapted to actual situation in European nature.

Then, he has written, that living hares are captured in nets not for killing, but for scientific researches and introduction. However, all more or less official comments to this amendment of Hunting Law stressed question of high position in international live hares market of Polish exporters, and did not point any aid in introduction of extinct species in another countries.

However the issue is strictly connected to false translation of Appendix IV footer: "If applied for large scale OR non-selective capture or killing", translated into "if applied for large scale AT non-selective capture or killing". Alternative changed into condition. It is true, that the idea of "large scale" was not discussed, neither by the Convention nor by Polish authorities.

At the end of the letter, the problem of fishing with alternate current is analyzed. Polish law allows fishing with electrical tools constructed according to standard no. BN-74/9197-01. As the official has written, "electrical tools supplied with direct current cause temporary electronarcosis depending on lenght of fishes". However, he has agreed, that the standard does not exclude equipment supplied with alternate current.

It seems to me, that the Appendix does not analyze sources of energy, it is output, which is important. Then I have checked the standard. In optimal combination it allows power of equipment without limits and pulse current voltage up to 1000V. Then, security of electric insulation is analyzed and there is no any analysis of environment effects in the standard. Scientific background was from the Institute of Inland Fishery (Institute Rybactwa Srodladowego). Temporary electronarcosis...

The worst of all is, that the official has written, that work on new standard is pending, which thanks improved vocabulary, would allow using these convenient methods more according to up to the now not existing yet Polish text of the Appendix IV part referring to forbidden methods and means in inland fishery.

By the way: part of the Appendix IV referring to crayfish has also disappeared. The problem of crayfish is smaller and smaller in Polish inland waters, as cancers are boiled while electricity fishing of "pests" and left in bottom useless. Also pollution does some work.

From technical point of view, such electric tools do not demand such permanent maintenance as nets for example. Then, less current is needed to kill a big fish, bigger current is needed to kill a small fish. The biggest current is used, while killing "fish pests", usually small or young fish, considered as "useless", with no consideration of their function in the natural system. Afterwards it is possible sometimes to see in TV great action of release to already cleared lakes or rivers any amount of artificially breeded fry. Such fishery politics destroy local types of fish and cause spreading fish illnesses and parasites. On the another hand side, in the document "Strategy of environment protection in Poland" by the Ministry of Environment Protection, we could find a statement, that it is necessary to start work on strategy for protection of wild freshwater fish, as amount of fish in lakes and rivers has been decreased severely. This reduction was hard to explain, especially as the pollution from industry and tourism has been reduced.

At the moment there are pointed two official explanation:

• 1. Illegal fishing by scuba divers

(specially effective, when transparency of water is less, than 1 meter. B.G.)
• 2. Tourist resting places create beaches for summer guests by covering with sand all underwater shallow meadows originally used by fish.

Well, the first question is, who is owner of lakes and rivers. Almost all lakes and all rivers are state owned, but state rents fishing areas for some individual persons, enterprises, or to the Polish Anglers Association (Polski Zwiazek Wedkarski), usually for periods of several years only. And here is problem, because such users are interested in fast exploitation, not in conservation for long-term stable use.

A special problem is in anglers association, which is the same disaster to fish and fishing areas as every other commercial short time user: their activists use electricity for big scale fishing, support fishing with live fish as bait, support idea of extinction of "fish pests" and replacing them with "useful" species and so on.

So, why does Polish state permit such exploatation of fishing areas?
I wish could know, not guess only...

I am a scuba diver... Diver dead after being shocked by electricity under water would look like after heart attack. Young, strong, healthy person, after yearly medical control suddenly dead because heart attack in water... So, divers evacuate, after hearing arriving fishing brigades. It is said, that there have happened such accidents in Poland before.

What else have I done with the problem?

Here I have got fantastic help from many people, whom I have seen almost only as e-mail addresses. They have helped to publish the story in various newspapers and magazines, both inside Poland and abroad. So, at least, I have earned some friends, some knowledge and some experience.

Thank you very much for support and good advices!
 
 

Secretary of the Convention was informed about the problem in November 1997, but up to 3rd of March 1998 Polish authorities had not answered to questions from the Secretary. Partial answer came at the end of March. Then it was promised, that corrected text of the Appendix IV would be published in that month.

However, up to end 1999 nothing positive was published in this matter.
Meantime, the standard BN-74/9197-01 was erased from list of standards for obligatory use, but in fact it means nothing, because it is still called by all regulations on inland fishery.

The European Union officially considers the Convention as basement for own environment protection regulations. So, the Enlargement Directorate has been also informed about the translation problem.

Published almost one year later the EU's guidelines for Polish adaptation of the EU environment protection standards contain requests to protect Antarctis, whales, migrating birds, etc, but nothing about protecting wild European nature. It is safe to protect Amazonas, while sitting in Europe.
Text of the guidelines in Polish is here.

22nd of July it was an old national day in communist time in Poland.
In 1999 the Polish parliament commemorated this date again:
they have replaced an old communist regulation on use of Polish language in the state administration with the new statute. In general, they have managed to surpass the old communists nationalist law.
It seems, that the main idea was to save Polish officials from any obligation to learn foreign languages, to ignore effects of international contacts.
Polish text of the statute is here

It refers now not only to use of Polish language in state administration, but much more.
It is forbidden by Art.6 not to use it in written or spoken offers, labels, finances, instructions, including normal trade procedures.
For example, how to force my German customer to accept my offer in Polish?

But it is not all enough for our rulers, to ruin Polish international commercial contacts with the world.
It is also necessary to ruin officially Polish reputation as country obeying an international law and good traditions.

Art.7 tolerates foreign language versions of the international agreements, under condition, that the Polish version is basic for interpretation, if not another one is stated clearly in the text.

For those, who would try to ignore the statute, just to survive without shame, there are provided controls and severe financial punishments. Citizenship or nationality of the controlled ones is not discussed in the draft statute.

It means, that all our fight to correct the "translation" of the Bern Convention would be much more difficult, in case of acceptation of such regulation.

Victory?

And, for first time in this story, the official's declaration is met: the correction is published
Dziennik Ustaw nr 12 z dnia 23.02.2000 poz. 154

Even, if it is fundamental step forward, there is still far way to go left: fight against Ministery of Agriculture - responsible of inland fishery, Ministery of Environment - responsible of everything else.

They are obliged to change all related regulations, especially with inland fishing.

03.12.2000. To be continued...

Please, forward this message to everybody, You know.

Please, send comments to president of Poland by fax: +48 - 22 -621-03-31 or e-mail: listy@prezydent.pl
According to the Polish constitution, he is responsible of Polish foreign policy.

It is also possible to ask Polish vice-minister of environment, Mr. Radoslaw Gawlik. In summer 1997 he declared to me, that he would like to do something in this matter. At that time he was representative in Polish parliament (Sejm) and was known as quite radical-green politician of pacifist origin.
His e-mail: radoslaw.gawlik@mos.gov.pl
My letter (in Polish - sorry) is here.
 
 

Author: Barbara Glowacka, Poland, Gdansk,
bjastra@rama.bl.pg.gda.pl
 

---more - from legal point of view ---

The Bern Convention - list of texts

Polish text of the Convention is here (Word 2.0)
I promise to try to translate latin names into Polish (if exist)

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http://www.gdansk.sprint.pl/firmy/jastra/!plan.htm