Operative Mechanism: None (but see SCAR)

                             

LAW, POLICY, AND WILDLIFE: 

ANALYSIS OF REGIONAL  AGREEMENT FOR THE CONSERVATION 

AND MANAGEMENT OF LIVING MARINE RESOURCES

The Global situation

Sealing is inexorably tied to the human history of Antarctica; in fact, it was a sealer (the Russian, Thaddeus von Bellingshausen) who first discovered Antarctica in 1820. Antarctic sealing began at the end of the eighteenth century, and there have been times when it threatened the survival of these creatures especially the fur seal.  Sealers discovered a lot of land and most of the islands during their predatory raids. The discovery and raiding of these new territories almost caused the extinction of certain seal species. 

By 1907, consumers' willingness to pay a high price for its luxuriant fur had all but extirpated the Antarctic fur seal on South Georgia. Its numbers did not even begin to recover until 1956, but recovery is now considered nearly complete. But the fur seal was not the only target. With its depletion, hunters turned to the elephant seal for its blubber. Old school sealing came so close to wiping out the seals that it gradually became extinct itself.

In the years since, the Antarctic Treaty System (ATS) has provided some protection for seals south of sixty degrees south latitude. Within the framework of the ATS, there is a treaty dedicated to the regulation of sealing called the Convention on the Conservation of Antarctic Seals (CCAS).  Within the ATS, there are also protections for seals under the Protocol on Environmental Protection to the Antarctic Treaty. Annex II of the Protocol provides special protections for fur and Ross seals, and strengthens the "Agreed Measures for the Conservation of Antarctic Fauna and Flora" (ATS Recommendations III-8 of 1964). With this Annex, the Protocol prohibits harmful interference with wildlife and the killing of any animals, including seals, without a permit.

Today, seals in the Antarctic are protected by the Convention for the Conservation of Antarctic Seals, which nonetheless allows for a small quota of specific species to be taken for science. CCAS is a hunter's treaty intended to provide rules for sealing, not to end it. Should commercial sealing in the Antarctic begin anew, CCAS limits the take of crabeater seals to 175,000, leopard seals  (Hydrurga Leptonyx) to 12,000, and Weddell seals (Leptonychotes Weddelli) to 5,000. 

The taking of Ross Seals , Elephant Seals, and Fur Seals  is completely banned, and the adult stock of Weddell Seals is completely protected in the breeding colonies on the fast ice. The Southern Ocean is divided into six zones and in the event of sealing taking place one of these would be closed each year in rotation. Three sealing reserves have been established - around the South Orkney Islands, the southwestern Ross Sea, and Edisto Inlet. 

Provision is made for special permits, exchange of information, future meting of the consultative parties, review of operations at regular intervals and for amendments to the convention. Scientific advice is provided by the SCAR Group of Specialist on Seals. This group also has the responsibility of coordinating data on the number of seals killed in the treaty area for scientific purposes and for dog food (this latter practice is being phased out) as required under the 'Agreed Measures for the Conservation of Flora and Fauna. Should a sealing industry develop at any time in the future then the convention provides adequate means of its regulation and monitoring.

While the seals of the Southern Ocean represent a considerable natural resource it is unlikely that their harvesting will ever be commercially viable. Such harvesting would be labor intensive, and this combined with the distance from the market and a product that would be likely to be inferior to that obtained from seals in the Northern Hemisphere would inhibit development. Fur Seals would be relatively simple to exploit and could be managed in such a way that would not deplete the stocks. However, there is a major impediment to the redevelopment of a southern sealing industry. 

A very considerable body of public opinion opposed to the killing of seals has been fostered under the umbrella of the conservation lobby and countries which could mount sealing ventures would probably be reluctant to expose themselves to the opposition which would result, even if the conduct of the industry could be guaranteed to be irreproachable.

The Regional situation

SIX Important Living Marine Resources in the aNTARCTIC region:                           

  

               Crabeater Seal                                         Weddell Seal                                         Ross Seal                 

Click a seal to view it's history and status             

            

                Leopard Seal                                          Southern Elephant Seal                       Antarctic Fur Seal

 Status of Stock Resources:       

Crabeater:  The total population is estimated at 15 million. In the Weddell Sea alone there are 9-11 million crabeater seals.

Weddell Seal: The world population of Weddell seals has been reported to be over 750,000, but no good population estimate actually exists.

ROSS SEAL: The world population is estimated to number about 200,000, making it the rarest of the 4 seals which breed on Antarctic pack ice.

LEOPARD SEAL: Data from between 1968 and 1983 indicate a world population minimally in the order of 300,000-500,000. 

Southern Elephant Seal:
The world population of the Southern elephant seal was estimated to be between 700,000 and 800,000 individuals in 1991.

Antarctic Fur Seal: The Antarctic fur seal population of South Georgia is estimated to be between 1.3 and 1.7 million. Additional populations of a few hundred to several thousand fur seals exist on other sites.

Threats to antarctic seal Species:

The greatest threat to seals comes not from their natural predators, white pointer sharks and killer whales, but from humans. Seals are shot by fishermen, and caught and killed as 'accidental by-catch' in fisheries operations such as trawling and gill netting, while the ingestion of waste oil and other liquid pollutants poses a further threat to seals.

Seals also suffer horrific deaths due to marine pollution, such as entanglement in marine debris. This plastic, non-biodegradable debris includes free-drifting trawl net, packaging straps and monofilament gill net. Such debris causes 2% of seals to suffer a slow strangulation.

Seals are among the most inquisitive of creatures and often end up with rope, fishing net or packaging strap wrapped around their necks. As the seal grows, this material gradually strangles the animal. Before the seal dies it may suffer from starvation due to the entanglement restricting movement or preventing the swallowing of food. Entanglements cutting through the skin, blubber and muscle to reveal the esophagus have been observed in  waters. Ultimately, death is slow and very painful!

              Entangled Seal

Law, Policy, and Implementation

Basic Documents: 

 THE CONVENTION OF CONSERVATION OF ANTARCTIC SEALS 1972

ANTARCTIC SEALS CONSERVATION REGULATIONS 1989

Convention on the Conservation of Antarctic Marin Living RESOURCES 1980

 SCIENTIFIC COMMITTEE ON ANTARCTIC RESEARCH (SCAR)

 CONSERVATION OF ANTARCTIC FAUNA AND FLORA 1964

 ANTARCTIC TREATY 1959 

PROTOCOL ON ENVIRONMENTAL PROTECTION TO THE ANTARCTIC TREATY (1991)

GEOGRAPHICAL SCOPE OF CCAS:

The Southern Ocean (South of 60 degrees South Latitude)

MATERIAL SCOPE  OF CCAS:          

CCAS applies to the Southern Ocean (South of 60 degrees South latitude), in respect of which the Contracting Parties affirm the provisions of Article IV of the Antarctic Treaty.  CCAS may be applicable to any or all of the following Antarctic seal species:

  • Ross Seal                    

  • Southern Elephant Seal    

  • Antarctic Fur Seal       

  • Crabeater Seal

  • Leopard Seal

  • Weddell Seal

ADOPTION: 

Date of Adoption Place of Adoption Entry Into Force Number of Parties

Feb. 11, 1972

London, U.K.

March 11, 1978

16

MEMBERS OF CCAS:

Participant

Signature

Ratification/
Accession

Argentina

09.06.1972

09.03.1978

Australia

05.10.1972

01.07.1987

Belgium

09.06.1972

09.02.1978

Brazil

-

11.02.1991

Canada

-

04.10.1990

Chile

28.12.1972

07.02.1980

France

19.12.1972

19.02.1975

Germany

-

30.09.1987

Italy 

-

02.04.1992

Japan

28.12.1972

28.08.1980

New Zealand 

09.06.1972

-

Norway

09.06.1972

10.12.1973

Poland 

-

15.08.1980

Russian Federation

09.06.1972

08.02.1978

South Africa

09.06.1972

15.08.1972

United Kingdom

09.06.1972

10.09.1974

United States

09.06.1972

19.01.1977

Taken From oceanlawnet.law

Objectives and Decision Making Structures:

OBJECTIVES:    

  • To promote and achieve the protection, scientific study and rational use of Antarctic seals, and to maintain a satisfactory balance within the ecological system of the Antarctic.

STRUCTURES AND MANAGEMENT:     

  • There is no Commission. The Scientific Committee on Antarctic Research (SCAR) of the International Council of Scientific Unions, through its Group of Specialists on Seals, receives reports from and advises the Contracting Parties on the number of seals killed or captured, the status of stocks, and the need, if any, for conservation and management measures. 

 

Evaluation of Performance:

Level of Collaboration and Coordination among the Parties:

Because there had been no commercial sealing in the Antarctic after the Convention entered into force in 1978, an offer by the United Kingdom, as Depositary Government, to host a 1983 meeting of Parties, was declined. The first and, to date, only meeting of Parties, held in 1988, was occasioned by a 1986/87 Soviet commercial sealing expedition and research cruise.

 The 1988 meeting limited its recommendations to amendments to the Annex to the Convention or to Contracting Parties and other institutional action independent of the terms of the Convention. The Meeting agreed that Contracting Parties should restrict the number of seals killed or captured by special permit. It also agreed to encourage cooperative planning among holders of special permits for scientific research and detailed the scientific information, which should be reported. The meeting recommended that the Annex be amended to increase the period of notification by a Contracting Party to other Contracting Parties prior to leaving homeport for a commercial sealing expedition from 30 to 60 days. The final report of the meeting noted, however, that Contracting Party countries are unlikely to engage in commercial sealing in the foreseeable future.

 In 1992, the United Kingdom proposed, but the Parties did not feel it necessary, to hold a further meeting. In October 1993, the United Kingdom hosted an informal meeting of the Parties to review the operation of the Convention. The meeting was held in the margins of the twelfth meeting of the Commission for the Conservation of Antarctic Marine Living Resources. As a result, the Parties noted the need to: improve the submission and exchange of data; endorse scientific programs on seal research; provide SCAR with contact points of CCAS parties; and circulate copies of reports from the SCAR Group of Specialists to CCAS Parties. In response to an Inquiry, the United Kingdom confirmed that the recommendations adopted by the 1988 Meeting of Parties entered into force on March 27, 1990.

Institutional Robustness:

Since the CCAS does not have an established commission scientific advice is provided by the SCAR Group of Specialist on Seals. This group also has the responsibility of coordinating data on the number of seals killed in the treaty area for scientific purposes and for dog food (this latter practice is being phased out) as required under the 'Agreed Measures for the Conservation of Flora and Fauna.' Should a sealing industry develop at any time in the future then the convention provides adequate means of its regulation and monitoring.

Impacts on Behavior of Target Groups:

Under Article V. in the 1972 Convention of Conservation for the Conservation of seals, contracting parties may issue permits to kill or capture seals in limited quantities and in conformity with the objectives and principles of this Convention for the following purposes:

a) to provide indispensable food for men or dogs

b) to provide for scientific research

c) to provide specimens for museums, educational or cultural institutions.  

To obtain a permit for scientific research or for the hunting of seals you must contact the Department of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries. 

The role of the permits, works to recover, protect and conserve marine mammals under the MMPA, ESA and/or FSA by, reviewing and processing permits and authorizations for scientific research, public display, enhancement and photography to ensure integrity, coordinating and facilitating sound scientific research, coordinating national policy for minimizing harassment from human activities directed at marine mammals, conducting effective outreach to educate agency and external constituents on the permit program and responsible wildlife viewing practices.

In addition, to works with the many NMFS Regional Offices on NMFS' national program of  promoting responsible marine mammal viewing guidelines, including the "Protect Dolphins" campaign; (2) administers the national program for tracking captive cetaceans and pinnipeds (except walruses) through the Marine Mammal Inventory System; (3) coordinates with the U.S. Fish and Wildlife Service on permits for imports and exports of species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora; and (4) serves as liaison on marine mammal permit and related matters with a variety of organizations, including the Marine Mammal Commission, U.S. Fish and Wildlife Service, Animal and Plant Health Inspection Service, other Federal agencies, the academic community, public display institutions, and environmental and animal welfare organizations.

Important Recent Publications

International Agreements Concerning Marine Resources of Interest to NOAA Fisheries 2001

XXIV Antarctic Treaty Consulative Meeting 2001

Useful Internet Links (incl. related instruments)

Treaty Instruments

Hunting Regulations on Big Seals

The Antarctic Connection

Regional Resources

      Updated Last:      March 27, 2003

Copyright © Karen Pineda, 2002. All federal and state copyrights reserved  course for all original material presented in these through any medium, including lecture or print.