1.10 CONSERVATION OF ANTARCTIC MARINE LIVING RESOURCES

Introductory note
The first Antarctic marine living resources to be exploited were fur seals and elephant seals in the early years of the 19th century (see Section 1.10.1). The fur seal populations of the South Atlantic were virtually wiped out by the mid 1820s. The next to be ex- ploited was the resource of great whales. This began in the early years of this century and reached a peak in the 1930s from which it has declined ever since. It was probably inevitable that attention would turn in due course to Antarctic fin fish and what may be the world's most abundant creature - krill, a small shrimp-like crustacean - which provides the staple food of most of the Antarctic whales, seals and birds.
The possibility of catching krill became the subject of experimental fishing in the mid 1960s. It can be said that the krill fishing is still in the experimental stage in that neither the technical problems of catching and processing, nor the economic problems of vast distances from an unsure market and seasonal availability, have yet been definitively solved. Fin fish, on the other hand, began to be heavily exploited in 1969.
The conclusion of the Convention for the Conservation of Antarctic Seals in 1972, dealing with a high seas resource, opened the way to a consideration of the questions that would be posed by the potential large scale exploitation of krill. In 1975, at the VIIIth ATCM, the Consultative Parties adopted a Recommendation (VIII-10) which noted the need to 'promote and achieve within the framework of the Antarctic Treaty, the objectives of protection, scientific study and rational use of [Antarctic] marine living resources'. The Recommendation went on to focus attention on scientific study as the necessary basis for protection and rational use, and remitted certain questions to SCAR for consideration.
The result of the remit to SCAR was a meeting of scientists in 1976 out of which was developed a research programme on the Biological Investigation of Marine Antarctic Systems and Stocks with the highly appropriate acronym BIOMASS. The BIOMASS programme, together with three timely reports prepared by the UN Food and Agriculture Organisation in 1977, highlighted the importance of krill in the Antarctic marine ecosystem; irrational, large scale exploitation of krill could have severe repercussions on the birds, seals and whales of the Antarctic which depend on krill for their food.
The 1950s-60s had seen the development of large, distant water freezer trawlers. The 1970s saw the steady development of the legal concept of extended coastal state jurisdiction over fisheries. These scientific, technical and legal developments lent a certain note of urgency to the consideration of the living resources item on the agenda of the IXth ATCM in 1977. On the one hand there existed the fishing capacity to utilize possibly the largest marine living resource in the world at a high rate, and on the other hand the consequences of heavily exploiting the food of most of the Antarctic birds, seals and whales could be grave.
Following the adoption of Recommendation IX-2, calling for a Special Consultative Meeting to elaborate a regime governing Antarctic marine living resource conservation, the negotiation of the Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR) began in Canberra in February 1978 and was concluded there in May 1980. It entered into force on 7 April 1982. The report of the Second Special Consultative Meeting is at Section 1.10.2, and the text of the Convention is at Section 1.10.4.
The Convention broke new ground in three directions. Although it was developed under the aegis of the Antarctic Treaty, the area of application of the Convention is larger than the Antarctic Treaty Area. The northern limit of the Antarctic marine ecosystem is the Antarctic Convergence, a major circum-Antarctic biogeographic boundary where the cold northerly-moving waters dip beneath warmer southerly-moving subtropical waters. South of the Antarctic convergence and within the Antarctic marine ecosystem, krill is the dominant feature of the food web. It would have made no sense to have restricted the area of application of the Convention to the Antarctic Treaty Area, allowing unregulated exploitation of krill outside the Treaty Area which could have had severe consequences south of 60 S latitude. It was therefore decided that the northern limit of the Convention's area of application should coincide with the Antarctic Convergence, as identified by specific coordinates of latitude and longitude.
The other ways in which the Convention broke new ground were firstly in being concluded, like the Convention for the Conservation of Antarctic Seals, before the fish- ery for the crucial species (krill) had got beyond the experimental phase, and secondly, in adopting an ecosystem approach to conservation. This approach requires that in reaching conclusions about the rate of use of any target species, the effects on species dependent on the target species for food must be taken into account. It is not enough to have regard to the effect utilization will have on the target species alone. The scientific and fishery management questions posed by this approach are formidable, but to have adopted a single species approach would have left the consequences of krill exploitation on its predators out of account. If ever krill does become an economically viable resource, the ecosystem approach to conservation of marine living resources, adopted in this convention, will be necessary for the protection of the Antarctic marine ecosystem as a whole.

1.10.1 Antarctic Treaty Recommendations

VIII-10: Antarctic Marine Living Resources
The Representatives,
Recalling Article IX, paragraph 1(f), of the Antarctic Treaty;
Convinced that the Antarctic Treaty Area contains significant concentrations of marine living resources;
Recognizing the need to promote and achieve, within the framework of the Antarctic Treaty, the objectives of protection, scientific study and rational use of these marine living resources;
Aware of the inadequacy of the information concerning the stocks of these living re- sources and of the need to develop a good scientific foundation for appropriate conser- vation measures;
Recommend to their Governments that:
1. They initiate or expand, insofar as is practicable within their Antarctic scientific pro- grammes, detailed studies of the biology, distribution, biomass and population dynamics and the ecology of Antarctic marine living resources;
2. They encourage further cooperation among the Consultative Parties in scientific studies of an programmes relating to Antarctic marine living resources;
3. They encourage studies which could lead to the development of effective measures for the conservation of Antarctic marine living resources in the Treaty Area;
4. They urge the Scientific Committee on Antarctic Research (SCAR), through their National Antarctic Committees, to continue its scientific work on these matters and to consider convening, as soon as practicable, a meeting to discuss current work and report on programmes for the study and conservation of Antarctic marine living resources;
5. They include the subject 'Antarctic Marine Living Resources' on the agenda of the Ninth Consultative Meeting.

IX-2: Antarctic Marine Living Resources
The Representatives,
Recalling the special responsibilities conferred upon the Consultative Parties in respect of the preservation and conservation of living resources in the Antarctic by virtue of Article IX paragraph 1(f) of the Antarctic Treaty;
Recalling further the history of action taken by Consultative Parties concerning con- servation and protection of the Antarctic ecosystem including, in particular, Recommendations III-VIII, VIII-10, VIII-13 and IX-5;
Noting that concentrations of marine living resources are found in the Antarctic Treaty Area and adjacent waters;
Aware of the need to compile more information with a view to developing a good scientific foundation for appropriate conservation measures and rational management policies for all Antarctic marine living resources;
Recognizing the urgency of ensuring that these resources are protected by the estab- lishment of sound conservation measures which will prevent over-fishing and protect the integrity of the Antarctic ecosystem;
Concerned that interim guidelines for the protection and conservation of Antarctic marine living resources are desirable until such time as a definitive regime enters into force;
Convinced that provision for effective measures to conserve Antarctic marine living resources as well as for collection and analysis of the data necessary to develop such measures will require the early conclusion of a definitive conservation regime;
Recommend to their Governments that:
I. Scientific Research
1. To the greatest extent feasible, they co-operate broadly and comprehensively in sci- entific investigations, and in the exchange of information thereon, relating to the Antarctic marine environment and that they intensify as far as possible scientific research related to Antarctic marine living resources;
2. In planning their marine activities in the Antarctic, they have regard to the advantages that will accrue from coordination by them of their scientific investigations contributing to the BIOMASS programme;
3. They give sympathetic consideration to the provision of practical measures (such as ships, ship time, personnel and finance) in support of the implementation of the BIOMASS programme or other similar programmes;
4. The examine the possibility of integrating, in so far as is practicable, research vessel programmes with the activities of other vessels, and make available on vessels operating in the Antarctic, other than research vessels contributing directly to the BIOMASS programme, time and facilities for routine observations aimed at extending the data base for the programme.
II. Interim Guidelines for the Conservation of Antarctic Marine Living Resources
1. They observe the following interim guidelines pending entry into force of the definitive regime for Antarctic Marine Living Resources:
  1. they cooperate as broadly and comprehensively as possible in the mutual ex- change of statistics relating to catch of Antarctic Marine Living Resources;
  2. they should show the greatest possible concern and care in the harvesting of Antarctic Marine Living Resources so that it does not result in the depletion of stocks of Antarctic marine species or jeopardizing the Antarctic marine ecosystem as a whole;
  3. they urge those Governments which are not Parties to the Antarctic Treaty and which engage in activities involving the use of the marine living resources of Antarctica to take account of these guidelines;
2. They review these interim guidelines as and when necessary and in any event fol- lowing the conclusion of the definitive regime with a view to their future elaboration in the light of the provisions of the definitive regime.
III. Establishment of Definitive Conservation Regime
1. A definitive regime for the Conservation of Antarctic Marine Living Resources should be concluded before the end of 1978.
2. A Special Consultative Meeting be convened in order to elaborate a draft definitive regime, and in particular:
  1. to determine the form of the definitive regime, including the question as to whether an international instrument such as a convention is necessary;
  2. to prepare, if necessary, draft rules of procedure for a subsequent decisive meeting for the establishment of the definitive regime;
  3. to decide on participation in such a meeting by States other that Consultative Parties which are actively engaged in research and exploitation of Antarctic Marine Living Resources and the participation, on an observer basis, of appro- priate international organisations;
  4. to finalize the date and place of the decisive meeting;
  5. to take any other steps in order to facilitate the work of the decisive meeting re- ferred to above.
3. The Special Consultative Meeting shall base its work on this recommendation and take account of the discussion at the Ninth Consultative Meeting, its report and the doc- uments presented to it, and, in the elaboration of a draft definitive regime, shall take into account inter alia the following elements:
  1. the regime should explicitly recognize the prime responsibilities of the Consultative Parties in relation to the protection and conservation of the envi- ronment in the Antarctic Treaty Area and the importance of the measures rec- ommended by the Consultative Parties to this end;
  2. the provisions of Article IV of the Antarctic Treaty shall not be affected by the regime. It should ensure that the principles embodied in Article IV are safe- guarded in application to the marine areas south of 60 South latitude;
  3. the regime should provide for the effective conservation of the marine living re- sources of the Antarctic ecosystem as a whole;
  4. the regime should cover the area of specific competence of the Antarctic Treaty;
  5. the regime should, however, extend north of 60 South latitude where that is necessary for the effective conservation of species of the Antarctic ecosystem, without prejudice to coastal state jurisdiction in that area;
  6. the regime should not apply to species already regulated pursuant to existing international agreements but should take into account the relationship of such species to those species covered by the regime.
Extract from report of IXth ATCM
The Working Group agreed to include in its Report the understanding of the Group that the word 'conservation' as used in the draft Recommendation includes rational use, in the sense that harvesting would not be prohibited, but the regime would exclude catch allocation and other economic regulation of harvesting. It was similarly the understand- ing of the Group that the word 'resources' was not limited to commercially exploitable species.

X-2: Antarctic Marine Living Resources
The Representatives,
Recalling the responsibilities of the Consultative Parties regarding the conservation of Antarctic marine living resources;
Recalling further the history of action taken by Consultative Parties concerning pro- tection of the Antarctic ecosystem, including, in particular, Recommendations III-VIII, VIII-10, VIII-13, IX-2, and IX-5;
Aware of the continuing need to compile more information and data with a view to developing an adequate scientific basis for the development of rational management policies and the taking of effective conservation measures for all Antarctic marine living resources;
Welcoming progress made toward the elaboration of a definitive regime for the con- servation of Antarctic marine living resources;
Recommend to their Governments that:
1. They seek early conclusion and entry into force of a Convention on the Conservation of Antarctic Marine Living Resources;
2. They identify, emphasize and co-operate in those research activities which will fa- cilitate the effective operation of such a Convention once it is in force;
3. They provide practical support to facilitate the carrying out of these needed research activities, including the mutual exchange of statistics relating to catch of Antarctic ma- rine living resources.

XI-2: Antarctic Marine Living Resources
The Representatives,
Recalling the responsibilities of the Consultative Parties regarding the conservation of Antarctic marine living resources;
Recalling further the history of actions taken by Consultative Parties concerning protection of the Antarctic ecosystem, including in particular, Recommendations III- VIII, VIII-10. VIII-13, IX-2, IX-5 and X-2;
Welcoming the conclusion of the Convention on the Conservation of Antarctic Marine Living Resources at a diplomatic conference held in Canberra, Australia in May 1980 and the signature of that convention, also in Canberra, Australia in September 1980; Noting that a meeting is to be held later this year in Hobart, Tasmania to consider steps to facilitate the early operation of the Commission, the Scientific Committee and the Executive Secretariat to be established under the Convention on the Conservation of Antarctic Marine Living Resources,
Recommend to their Governments that:
1. They seek the earliest possible entry into force of the Convention on the Conservation of Antarctic Marine Living Resources; and
2. They take all possible steps to facilitate the early operation of the bodies to be estab- lished by the Convention on the Conservation of Antarctic Marine Living Resources upon entry into force.

1.10.2 Report of the Second Special Consultative Meeting

Report of the Second Special Consultative Meeting held in three sessions at Canberra 27 February - 16 March 1978, at Buenos Aires 17 - 28 July 1978, and at Canberra 5 - 6 May 1980
Explanatory note
Three formal sessions of the Second Special Consultative Meeting and four informal meetings were held to elaborate a draft definitive regime. At the close of the third formal session the Consultative Parties adopted a Recommendation which had the effect of passing, inter alia, the draft of a Convention on the Conservation of Antarctic Marine Living Resources to a diplomatic conference which opened in Canberra on the following day. At that conference the Consultative Parties were joined by the Federal Republic of Germany, the German Democratic Republic and observer delegations from the European Community and other international organizations. The Convention was concluded at the conference. The Final Report of the Second Special Consultative Meeting is reproduced below.

Final Report of the Second Special Antarctic Treaty Consultative Meeting
1. In accordance with the provisions of Article IX of the Antarctic Treaty, representa- tives of the Consultative Parties (Argentina, Australia, Belgium, Chile, France, Japan, New Zealand, Norway, Poland, the Republic of South Africa, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America) met in Canberra from 27 February to 16 March 1978 to con- sult together and consider measures which might be taken to further the principles and purposes of the Treaty and, where appropriate, make recommendations to their Governments. Specifically pursuant to Recommendation IX-2 of the Ninth Consultative Meeting, they met to elaborate a draft definitive regime for the Conservation of Antarctic Marine Living Resources. They met again in Buenos Aires from 17 to 28 July 1978 and in Canberra on 5-6 May 1980.
2. Mr J. R. Rowland, Representative of Australia, was elected Chairman of the First Session of the Special Consultative Meeting. Ambassador Raul A. Medina Munoz, Representative of Argentina, was elected Chairman of the Second Session. Mr J. E. Ryan, Representative of Australia, was elected Chairman of the Third Session.
3. Mr R. H. Wyndham of the Australian Department of Foreign Affairs was appointed Secretary-General of the First and Third Sessions. Mr Victor E. Beauge of the Argentine Ministry of Foreign Relations and Worship was appointed Secretary-General of the Second Session.
4. The opening meetings of the First and Second Sessions were held in public. The First Session was opened by the Australian Minister for Foreign Affairs, the Hon. Andrew Peacock, MP. The Second Session was opened by the Argentine Minister for Foreign Relations, Mr Oscar A. Montes. Opening statements were made by the Heads of Delegations.
5. The Meeting adopted the following Agenda which it followed at all three sessions:
  1. Opening of Meeting.
  2. Election of officers.
  3. Opening Statements.
  4. Adoption of Agenda.
  5. Elaboration of a draft definitive regime for the conservation of Antarctic marine living resources taking into account all the points listed in Recommendation IX-2, Section III.
  6. Consideration of steps in connection with the work of the decisive meeting for the establishment of the definitive regime taking into account all the points listed in Recommendation IX-2, Section III.
  7. Adoption of Final Report.
  8. Closure of Meeting.
6. The Meeting considered all the items on the Agenda. At its First Session, it appointed one Working Group, under the Chairmanship of the Representative of the United Kingdom, Sir Donald Logan, to consider the scope of the Convention to be elaborated, including the definition of the marine living resources of the area to which the Convention would apply. At its Second Session, it appointed a Working Group under the Chairmanship of the Representative of South Africa, Mr P.Oelofsen, to consider political and juridical questions and a Working Group under Dr Richard Laws (United Kingdom) on Scientific and Technology Questions.
7. The Meeting adopted unanimously the following Recommendation which is set out at the end of this Report.

Recommendation
The Representatives,
Recalling the special responsibilities conferred upon the Consultative Parties in respect of the preservation and conservation of living resources in the Antarctic by virtue of Article IX paragraph 1(f) of the Antarctic Treaty;
Convinced that provision for effective measures to conserve Antarctic marine living resources as well as for collection and analysis of the data necessary to develop such measures will require the early conclusion of a definitive conservation regime;
Recalling Recommendation IX-2 under which the Consultative Parties recommended that a definitive regime for the Conservation of Antarctic Marine living Resources should be concluded;
Noting the interim report of the Second Special Consultative Meeting at its first ses- sion in Canberra from 27 February to 16 March 1978;
Noting further the interim report of the Second Special Consultative Meeting at its second session in Buenos Aires from 17 to 28 July 1978;
Convinced that the results of these meetings and of subsequent informal consultations among the Consultative Parties indicate there now exists a basis for proceeding to a Conference to conclude a Convention on the Conservation of Antarctic Marine Living Resources;
Recalling the special importance of certain articles of the draft Convention; Noting that the Government of the Commonwealth of Australia has convened a diplomatic Conference which is to meet in Canberra from 7 to 20 May 1980 for the purpose of concluding such a Convention;
Recommends to the Government of the Commonwealth of Australia that it transmit to the diplomatic Conference the following documents which might form the basis for negotiations at the Conference;
Provisional Agenda for the Conference on the Conservation of Antarctic Marine Living Resources
Note and Attached Statement Regarding the Application of the Convention
Draft Rules of Procedure for the Conference on the Conservation of Antarctic Marine Living Resources
Draft Convention on the Conservation of Antarctic Marine Living Resources

1.10.3 Conference on the Conservation of Antarctic Marine Living Resources, Canberra, 7-20 May 1980: Final Act

The governments of Argentina, Australia, Belgium, Chile, The French Republic, German Democratic Republic, Germany, Federal Republic of, Japan, New Zealand, Norway, Poland, The Republic of South Africa, The Union of Soviet Socialist Republics, The United Kingdom of Great Britain and Northern Ireland, and The United States of America; having accepted the invitation extended to them by the Government of Australia to participate in a Conference on the Conservation of Antarctic Marine Living Resources, appointed their representatives, advisers and observers who are listed below: [not reproduced]
The following international organizations were invited by the Government of Australia to participate as observers in the Conference: European Communities; Food and Agriculture Organization; Inter-governmental Oceanographic Commission; International Union for the Conservation of Nature and Natural Resources; International Whaling Commission, Scientific Committee on Antarctic Research; Scientific Committee on Oceanic Research.
The Conference met at Canberra on 7 May 1980 under the chairmanship of Mr J. E. Ryan, representative of the delegation of Australia. The Secretary-General was Mr R. H. Wyndham.
The Final Session was held on 20 May 1980. As a result of its deliberations the Conference has established and drawn up for signature a 'Convention on the Conservation of Antarctic Marine Living Resources', the text of which is annexed hereto.
The Conference also decided to include in the Final Act the text of the following statement made by the Chairman on 19 May 1980 regarding the application of the Convention on the Conservation of Antarctic Marine Living Resources to the waters adjacent to Kerguelen and Crozet over which France has jurisdiction, and to waters ad- jacent to other islands within the area to which this Convention applies over which the existence of State sovereignty is recognized by all Contracting Parties.
  1. Measures for the conservation of Antarctic marine living resources of the waters adjacent to Kerguelen and Crozet, over which France has jurisdiction, adopted by France prior to the entry into force of the Convention, would remain in force after the entry into force of the Convention until modified by France acting within the framework of the Commission* or otherwise.
  2. After the Convention has come into force, each time the Commission should undertake examination of the conservation needs of the marine living resources of the general area in which the water adjacent to Kerguelen and Crozet are to be found, it would be open to France either to agree that the waters in question should be included in the area of application of any specific conservation measure under consideration or to indicate that they should be excluded. In the latter event, the Commission would not proceed to the adoption of the specific con- servation measure in a form applicable to the waters in question unless France removed its objection to it. France could also adopt such national measures as it might deem appropriate for the waters in question.
  3. Accordingly, when specific conservation measures are considered within the framework of the Commission and with the participation of France, then:
    1. France would be bound by any conservation measures adopted by con- sensus with its participation for the duration of those measures. This would not prevent France from promulgating national measures that were more strict than the Commission's measures or which dealt with other matters;
    2. In the absence of consensus, France could promulgate any national measures which it might deem appropriate.
  4. Conservation measures, whether national measures or measures adopted by the Commission, in respect of the waters adjacent to Kerguelen and Crozet, would be enforced by France. The system of observation and inspection foreseen by the Convention would not be implemented in the waters adjacent to Kerguelen and Crozet except as agreed by France and in the manner so agreed.
  5. The understandings, set forth in paragraphs 1-4 above, regarding the application of the Convention to waters adjacent to the Islands of Kerguelen and Crozet, also apply to waters adjacent to the islands within the area to which this Convention applies over which the existence of State sovereignty is recognized by all Contracting Parties.
No objection to the statement was made.
The Conference on the Conservation of Antarctic Marine Living Resources,
Noting that a definitive regime for the conservation of Antarctic marine living re- sources has been elaborated, and desiring to have that regime enter into force as quickly as possible;
Recognizing that harvesting of Antarctic marine living resources is presently taking place and underlining the importance of the objectives of the Convention on the Conservation of Antarctic Marine Living Resources;
Recognizing the need to identify, emphasize and co-operate in carrying out research activities that will facilitate the effective operation of the Convention;
Desiring further to facilitate the implementation of the Convention by emphasizing and co-ordinating the collection of scientific and fisheries data needed for the Scientific Committee, to be constituted under the terms of the Convention, to begin effective work upon entry into force of the Convention;
Calls upon the Parties entitled to become Members of the Commission;
1. To take all possible steps to bring the Convention on the Conservation of Antarctic Marine Living Resources into force as soon as possible;
2. To show the greatest possible care and concern, bearing in mind the principles and objectives of Article II of the Convention, in any harvesting of Antarctic marine living resources in the period prior to entry into force of the Convention and examination of the status of stocks by the Scientific Committee to be established by the Convention on the Conservation of Antarctic Marine Living Resources;
3. To the greatest extent practicable and feasible to co-operate broadly and comprehen- sively in the continued development of the scientific and fisheries data necessary for the effective operation of the Convention on the Conservation of Antarctic Marine Living Resources, and to this end:
  1. to intensify research related to Antarctic marine living resources;
  2. to identify the specific scientific and fisheries data needed and how those data should be collected and recorded to facilitate the work of the Scientific Committee to be established by the Convention; and
  3. to compile scientific and fisheries data identified pursuant to sub-paragraph (b) above in order to distribute those data to the Contracting Parties upon entry into force of the Convention on the Conservation of Antarctic Marine Living Resources.
III
The Conference on the Convention for the Conservation of Antarctic Marine Living Resources,
Having agreed on a text of a Convention which would establish a Commission and Scientific Committee for the Conservation of Antarctic Marine Living Resources and an Executive Secretariat;
Recognizing the need to examine working methods for the Executive Secretary and Secretariat so that they may being their work as soon as possible after entry into force of the Convention;
Takes note of the intention of the Depositary to convene a meeting of representatives of Parties entitled to become Members of the Commission within one year after expira- tion of the period during which the Convention is open for signature for the purpose of considering steps which might be taken to facilitate the early operation of the Commission, Scientific Committee and Executive Secretariat when these bodies are established.

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