2

2.3 CONSERVATION OF FAUNA AND FLORA

Introductory note
Article IX 1(f) of the Antarctic Treaty cites 'preservation and conservation of living resources in Antarctica' as one of the matters upon which recommendations might be made to Consultative governments in furtherance of the principles and purposes of the Treaty. In the event, conservation was the subject of an important Recommendation (I-VIII) of the First ATCM and the Consultative Parties have remained seized of the matter ever since. Their concern can be broadly represented as having seven phases

a. recognition that conservation is an appropriate concern for concerted action followed by the adoption of general rules of conduct applicable to Antarctic expeditions (Recommendation I-VIII, see Section 2.3.1);
b. negotiation and adoption of 'effective and internationally agreed measures' on the subject (Recommendation II-II, see Section 2.3.1). The Agreed Measures for the Conservation of Antarctic Fauna and Flora annexed to Recommendation III-VIII constitute what has been described as a 'mini-treaty' under the Antarctic Treaty (see Section 2.3.2);
c. consideration, on the advice of SCAR, of species and areas that would benefit from special protection under the provisions of the Agreed Measures (Annexes A and B to the Agreed Measures - see Section 2.3.2 for Annex A and Part 3 for Annex B);
d. recognition in 1964 that Antarctic seals might again become the object of commercial exploitation, followed by the preparation and negotiation of the Convention for the Conservation of Antarctic Seals, London, 1972 (See Section 11.9, Part 1);
e. amendment of Article VIII of the Agreed Measures to clarify its intent regarding entry into Specially Protected Areas (see Section 2.3.1), coupled with recognition of the need to provide for protection of scientific investigations (see Sites of Special Scientific Interest, Section 2.6.1 Part 2) and a consequent review of Specially Protected Areas (see Section 2.6.1, Part 2);
f. recognition in 1975 of the need to provide for the conservation of Antarctic marine living resources followed by the negotiation of the Convention on the Conservation of Antarctic Marine Living Resources, Canberra 1980 (see Section 1.10, Part 1); and
g. consolidation of fauna and flora conservation within an overall framework for the protection of the Antarctic environment provided by the Protocol to the Antarctic Treaty (see Section 2.1.4 and Annex II at Section 2.3.4).

2.3.1 Antarctic Treaty Recommendations

Introductory note
The Antarctic ice sheet has virtually no indigenous life forms. The seas surrounding have abundant life. The native mammals and birds which need to use the land at stages in their annual life cycle for mating, and for the birth and care of young use the limited number of beaches and rocky outcrops between the sea and the sterile ice. From the time when man first attempted to live in the Antarctic he has found that it is easier to build his shelter on rock than on snow and ice. With the rapid increase in the number of stations during the International Geophysical Year (1957-58) some scientists became aware that the inevitable competition between man and animals for the same living space was something which should be regulated.
At a meeting of the Scientific Committee on Antarctic Research (SCAR) in August 1960 scientists developed some 'General rules of conduct for the preservation and conservation of living resources in Antarctica'. At the first Antarctic Treaty Consultative Meeting in 1961 it was agreed (Recommendation I-VIII) to consider the matter further and, as an interim measure, to recommend that the general rules SCAR had developed should be issued to Antarctic exped itions. These ideas were further discussed at the second ATCM (Recommendation II-II) and were developed into the Agreed Measures for the Conservation of Antarctic Fauna and Flora which were annexed to Recommendation III-VIII.
In order to give effect to their view that the Antarctic Treaty Area was to be considered a 'Special Conservation Area', the Consultative Parties agreed on certain specific measures. These constitute the Agreed Measures for the Conservation of Antarctic Fauna and Flora. Provision was made for

i. prohibition of the killing, wounding, capturing or molesting of any native mammal or native bird except in accordance with a permit;
ii. such permits to be issued only for certain restrictive purposes;
iii. the designation of Specially Protected Species;
iv. the designation of Specially Protected Areas;
v. regulating the importation into Antarctica of non-indigenous species, parasites and diseases;
vi. minimizing harmful interference with the normal living conditions of Antarctic mammals and birds;
vii. exchange of information between Consultative Parties as to actions they have permitted.

On the advice of SCAR two species of seal (the Ross Seal and fur seals) have been accorded special protection. Twenty areas have been designated as Specially Protected Areas (see Section 2.6), of which four have had their designation changed to Sites of Special Scientific Interest. Limits have been placed on the importation of plants, animals, viruses, bacteria, yeasts and fungi and requirements established for the inoculation of dogs against certain diseases (see Annexes C and D to the Agreed Measures).
Although not yet in force, Annex II to the Protocol (see Section 2.3.4) constitutes a restatement of the Agreed measures and will in time supersede them.

I-VIII Conservation of Antarctic fauna and flora

The Representatives recommend to their Governments that
i. they recognize the urgent need for measures to conserve the living resources of the Treaty area and to protect them from uncontrolled destruction or interference by man;
ii. they encourage the interchange of information and international co operation with a view to promoting scientific studies of Antarctic life as the essential basis for long-term conservation measures.
iii. they bring to the attention of all persons entering the area the need for the protection of living resources;
iv. they consult on the form in which it would be most suitable to establish in due course internationally agreed measures for the preservation and conservation of the living resources of the Antarctic, taking into account the discussion at and documents submitted to the first Consulta tive Meeting;
v. as an interim measure, and the the extent possible under national legis lation and binding international conventions, they issue general rules of conduct on the lines of the attached statement extracted from the recommendations of SCAR as contained in the report of the meeting held in Cambridge in August, 1960;
vi. they exchange information on any major steps taken in accordance with this recommendation with respect to the next Antarctic season;
vii. this question be included in the agenda of the next Consultative Meeting. General rules of conduct for preservation and conservation of living resources in Antarctica
1. Animals and plants indigenous to Antarctica shall not be unnecessarily disturbed and shall not be destroyed or injured. Exceptions shall be permitted on a strictly controlled scale which will not deplete the local stock and only for the following purposes
a. collections and studies for scientific purposes;
b. food (eg meat, eggs) for men and dogs;
c. living specimens for zoological gardens;
d. taking a strictly limited number of specimens, especially natural casualties, for private purposes. Exceptions (c) and (d) shall not apply for the time being to Fur Seals.
2. Alien forms of flora and fauna should not be deliberately introduced except when rigidly controlled having regard to their chances of survival, capacity of reproduction and utilization by man.
3. The following activities should be regulated with a view to preventing serious harm to wild life a. allowing dogs to run free,
b. flying helicopters or other aircraft in a manner which would unneces sarily disturb bird and seal colonies, or landing near (eg within 200 yards) such colonies,
c. driving vehicles unnecessarily close to breeding colonies of birds and seals,
d. use of explosives or discharge of firearms close to breeding colonies of birds and seals,
e. disturbance of bird and seal colonies by persistent attention from people on foot,
f. the discharge of oil from ships in a manner harmful to animals and plants indigenous to Antarctica.

II-II Conservation of Antarctic fauna and flora

Recalling and reaffirming Recommendation I-VIII of the First Consultative Meeting, and expressing their conviction that the general rules attached to that Recommendation should be scrupulously observed,
The Representatives recommend to their Governments that
a. they collect and exchange information on the measures which they have adopted for the protection of living resources in Antarctica;
b. they promote the further exchange and evaluation of information about the existing state of living resources in the Antarctic;
c. they consult together with a view to the establishment, in an approp riate form and at an early date, of effective and internationally agreed measures on this subject;
d. these consultations should take into account the rules attached to Recommendation I-VIII of the First Consultative Meeting, the recommen dations made on this subject by SCAR, the proposal submitted by the Delegation of the United Kingdom in Document P.3 to the Second Consulta tive Meeting, and the views expressed by Delegations in the discussion of this item;
e. in the course of the meetings held to prepare the Third Consultative Meeting they undertake the task of formulating, on the basis of the principles enunciated above, the draft text of measures on this subject to be submitted to that Consultative Meeting with a view to its approval and recommendation to Governments.

III-VIII Agreed Measures for the Conservation of Antarctic Fauna and Flora

The Representatives, taking into consideration Article IX of the Antarctic Treaty, and recalling Recommendation I-VIII of the First Consultative Meeting and Recommendation II-II of the Second Consultative Meeting, recommend to their Governments that they approve as soon as possible and implement without delay the annexed 'Agreed Measures for the Conservation of Antarctic Fauna and Flora'.

2.3.2 Agreed Measures for the Conservation of Antarctic Fauna and Flora.

Preamble The Governments participating in the Third Consultative Meeting under Article IX of the Antarctic Treaty,
Desiring to implement the principles and purposes of the Antarctic Treaty;
Recognizing the scientific importance of the study of Antarctic fauna and flora, their adaptation to their rigorous environment, and their inter-relationship with that environment;
Considering the unique nature of these fauna and flora, their circum-polar range, and particularly their defencelessness and susceptibility to extermination;
Desiring by further international collaboration within the framework of the Antarctic Treaty to promote and achieve the objectives of protection, scientific study, and rational use of these fauna and flora; and
Having particular regard to the conservation principles developed by the Scientific Committee on Antarctic Research (SCAR) of the International Council of Scientific Unions;
Hereby consider the Treaty Area as a Special Conservation Area and have agreed on the following measures

Article I [Area of application]
1. These Agreed Measures shall apply to the same area to which the Antarctic Treaty is applicable (hereinafter referred to as the Treaty Area) namely the area south of 60° South Latitude, including all ice shelves.
2. However, nothing in these Agreed Measures shall prejudice or in any way affect the rights, or the exercise of the rights, of any State under international law with regard to the high seas within the Treaty Area, or restrict the implementation of the provisions of the Antarctic Treaty with respect to inspection.
3. The Annexes to these Agreed Measures shall form an integral part thereof, and all references to the Agreed Measures shall be considered to include the Annexes.

Article II [Definitions] For the purposes of these Agreed Measures
a. 'Native mammal' means any member, at any stage of its life cycle, of any species belonging to the Class Mammalia indigenous to the Antarctic or occurring there through natural agencies of dispersal, excepting whales.
b. 'Native bird' means any member, at any stage of its life cycle (including eggs), of any species of the Class Aves indigenous to the Antarctic or occurring there through natural agencies of dispersal.
c. 'Native plant' means any kind of vegetation at any stage of its life cycle (including seeds), indigenous to the Antarctic or occurring there through natural agencies of dispersal.
d. 'Appropriate authority' means any person authorized by a Participating Government to issue permits under these Agreed Measures. The functions of an authorised person will be carried out within the framework of the Antarctic Treaty. They will be carried out exclusively in accordance with scientific principles and will have as their sole purpose the effective protection of Antarctic fauna and flora in accordance with these Agreed Measures.
e.'Permit' means a formal permission in writing issued by an appropriate authority as defined at paragraph (d) above.
f. 'Participating Government' means any Government for which these Agreed Measures have become effective in accordance with Article XIII of these Agreed Measures. Article III [Implementation] Each Participating Government shall take appropriate action to carry out these Agreed Measures.
Article IV [Publicity] The Participating Governments shall prepare and circulate to members of expeditions and stations information to ensure understanding and observance of the provisions of these Agreed Measures, setting forth in particular prohibited activities, and providing lists of specially protected species and specially protected areas.
Article V [Cases of extreme emergency] The provisions of these Agreed Measures shall not apply in cases of extreme emergency involving possible loss of human life or involving the safety of ships or aircraft.
Article VI [Protection of native fauna] 1. Each Participating Government shall prohibit within the Treaty Area the killing, wounding, capturing or molesting of any native mammal or native bird, or any attempt at any such act, except in accordance with a permit.
2. Such permits shall be drawn in terms as specific as possible and issued only for the following purposes a. to provide indispensable food for men or dogs in the Treaty Area in limited quantities, and in conformity with the purposes and principles of these Agreed Measures;
b. to provide specimens for scientific study or scientific information;
c. to provide specimens for museums, zoological gardens, or other educational or cultural institutions or uses.
3. Permits for Specially Protected Areas shall be issued only in accordance with the provisions of Article VIII.
4. Participating Governments shall limit the issue of such permits so as to ensure as far as possible that
a. no more native mammals or birds are killed or taken in any year than can normally be replaced by natural reproduction in the following breeding season;
b. the variety of species and the balance of the natural ecological systems existing within the Treaty Area are maintained.

5. The species of native mammals and birds listed in Annex A of these Measures shall be designated 'Specially Protected Species', and shall be accorded special protection by Participating Governments.
6. A Participating Government shall not authorize an appropriate authority to issue a permit with respect to a Specially Protected Species except in accordance with paragraph 7 of this Article.
7. A permit may be issued under this Article with respect to a Specially Protected Species, provided that
a. it is issued for a compelling scientific purpose, and
b. the actions permitted thereunder will not jeopardize the existing natural ecological system or the survival of that species.
Article VII [Harmful interference]
1. Each Participating Government shall take appropriate measures to minimize harmful interference within the Treaty Area with the normal living conditions of any native mammal or bird, or any attempt at such harmful interference, except as permitted under Article VI.
2. The following acts and activities shall be considered harmful interference
a. allowing dogs to run free,
b. flying helicopters or other aircraft in a manner which would unnecessarily disturb bird and seal concentrations, or landing close to such concentrations (eg within 200 m),
c. driving vehicles unnecessarily close to concentrations of birds and seals (eg within 200 m),
d. use of explosives close to concentrations of birds and seals,
e. discharge of firearms close to bird and seal concentrations (eg within 300 m),
f. any disturbance of bird and seal colonies during the breeding period by persistent attention from persons on foot.
However, the above activities, with the exception of those mentioned in (a) and (e) may be permitted to the minimum extent necessary for the establishment, supply and operation of stations.
3. Each Participating Government shall take all reasonable steps towards the alleviation of pollution of the waters adjacent to the coast and ice shelves.
Article VIII [Specially Protected Areas]
1. The areas of outstanding scientific interest listed in Annex B shall be designated'Specially Protected Area' and shall be accorded special protection by the Participating Governments in order to preserve their unique natural ecological system.
2. In addition to the prohibitions and measures of protection dealt with in other Articles of these Agreed Measures, the Participating Governments shall in Specially Protected Areas further prohibit
a. the collection of any native plant, except in accordance with a permit;
b. the driving of any vehicle.
c. entry by their nationals, except in accordance with a permit issued under Article VI or under paragraph 2(a) of the present Article or in accordance with a permit issued for some other compelling scientific purpose;
3. A permit issued under Article IV shall not have effect within a Specially Protected Area except in accordance with paragraph 4 of the present Article.
4. A permit shall have effect within a Specially Protected Area provided that
a. it was issued for a compelling scientific purpose which cannot be served elsewhere; and
b. the actions permitted thereunder will not jeopardize the natural ecological system existing in that Area.
Article IX [Introduction of non-indigenous species, parasites and diseases]
1. Each Participating Government shall prohibit the bringing into the Treaty Area of any species of animal or plant not indigenous to that Area, except in accordance with a permit.
2. Permits under paragraph 1 of this Article shall be drawn in terms as specific as possible and shall be issued to allow the importation only of the animals and plants listed in Annex C. When any such animal or plant might cause harmful interference with the natural system if left unsupervised within the Treaty Area, such permits shall require that it be kept under controlled conditions and, after it has served its purpose, it shall be removed from the Treaty Area or destroyed.
3. Nothing in paragraphs 1 and 2 of this Article shall apply to the importation of food into the Treaty Area so long as animals and plants used for this purpose are kept under controlled conditions.
4. Each Participating Government undertakes to ensure that all reasonable precautions shall be taken to prevent the accidental introduction of parasites and diseases into the Treaty Area. In particular, the precautions listed in Annex D shall be taken.
Article X [Activities contrary to the principles and purposes of these Measures]
Each Participating Government undertakes to exert appropriate efforts, consistent with the Charter of the United nations, to the end that no one engages in any activity in the Treaty Area contrary to the principles or purposes of these Agreed Measures.
Article XI [Ships' crews]
Each Participating Government whose expeditions use ships sailing under flags of nationalities other than its own shall, as far as feasible, arrange with the owners of such ships that the crews of these ships observe these Agreed Measures.
Article XII [Exchange of information]
1. The Participating Governments may make such arrangements as may be neces sary for the discussion of such matters as
a. the collection and exchange of records (including records of permits) and statistics concerning the numbers of each species of native mammal and bird killed or captured annually in the Treaty Area;
b. the obtaining and exchange of information as to the status of native mammals and birds in the Treaty Area, and the extent to which any species needs protection;
c. the number of native mammals or birds which should be permitted to be harvested for food, scientific study, or other uses in the various regions;
d. the establishment of a common form in which this information shall be submitted by Participating Governments in accordance with paragraph 2 of this Article.
2. Each Participating Government shall inform the other Governments in writing before the end of November each year of the steps taken and information collected in the preceding period of 1st July to 30th June relating to the implementation of these Agreed Measures. Governments exchanging information under paragraph 5 of Article VII of the Antarctic Treaty may at the same time transmit the information relating to the implementation of these Agreed Measures.

Article XIII [Formal provisions]

1. After the receipt by the Government designated in Recommendation I-XIV(5) of notification of approval by all Governments whose representatives are entitled to participate in meetings provided for under Article IX of the Antarctic Treaty, these Agreed Measures shall become effective for those Governments.
2. Thereafter any other Contracting Party to the Antarctic Treaty may, in consonance with the purposes of Recommendation III-VII, accept these Agreed Measures by notifying the designated Government of its intention to apply the Agreed Measures and to be bound by them. The Agreed Measures shall become effective with regard to such Governments on the date of receipt of such notification.
3. The designated Government shall inform the Governments referred to in paragraph 1 of this Article of each notification of approval, the effective date of these Agreed Measures and of each notification of acceptance. The designated Government shall also inform any Government which has accepted these Agreed Measures of each subsequent notification of acceptance.

Article XIV [Amendment]

1. These Agreed Measures may be amended at any time by unanimous agreement of the Governments whose Representatives are entitled to participate in meetings under Article IX of the Antarctic Treaty.
2. The Annexes, in particular, may be amended as necessary through diplomatic channels.
3. An amendment proposed through diplomatic channels shall be submitted in writing to the designated Government which shall communicate it to the Governments referred to in paragraph 1 of the present Article for approval; at the same time, it shall be communicated to the other Participating Governments.
4. Any amendment shall become effective on the date on which notifications of approval have been received by the designated Government and from all of the Governments referred to in paragraph 1 of this Article.
5. The designated Government shall notify those same Governments of the date of receipt of each approval communicated to it and the date on which the amendment will become effective for them.
6. Such amendment shall become effective on that same date for all other Participating Governments, except those which before the expiry of two months after that date notify the designated Government that they do not accept it.

ANNEXES TO THESE AGREED MEASURES
ANNEX A Specially Protected Species

All species of the genus Arctocephalus, Fur Seals.
Ommatophoca rossii, Ross Seal.

ANNEX B Specially Protected Areas

See Section 3.3.1

ANNEX C Importation of animals and plants

The folllowing animals and plants may be imported into the Treaty Area in accordance with permits issued under Article IX(2) of these Agreed Measures
a. sledge dogs
b. domestic animals and plants
c. laboratory animals and plants including viruses, bacteria, yeasts and fungi.

ANNEX D Precautions to prevent accidental introduction of parasites and diseases into the Treaty Area

The following precautions shall be taken
1. Dogs. All dogs imported into the Treaty Area shall be innoculated against the following diseases
a. distemper
b. contagious canine hepatitis
c. rabies
d. leptospirosis(L. canicola and L. icterohaemorragicae)
Each dog shall be inoculated at least two months before the time of its arrival in the Treaty Area
2. Poultry. Notwithstanding the provisions of Article IX(3) of these Agreed Measures, no living poultry shall be brought into the Treaty Area after 1st July 1966.
2.3.3 Measures related to the Agreed Measures

Introductory note
The adoption of the Agreed Measures required that each country should legislate, in accordance with their respective constitutional practices, to give legal effect to them. It was therefore agreed (Rec. III-IX) to recommend that the Agreed Measures be considered as guidelines in the interim period. A similar Recommendation (IV-20) was adopted in relation to the first nineteen Recommendations of the Fourth ATCM dealing with Specially Protected Species, Specially Protected Areas and other matters related to the Agreed Measures.
Practical experience of the application of the Agreed Measures and increasing knowledge of the Antarctic environment brought about four developments in the Agreed Measures cooperation between nearby stations to minimize impact on local fauna and flora (Rec. IV-18), standardization of the format for the exchange of information on animals killed or captured (Rec. IV-19), which resulted four years later, in a request to SCAR to publish exchanged information and report on its significance (Rec. VI-9).

III-IX Interim Guide Lines for the Conservation of Fauna and Flora

The Representatives recommend to their Governments that until such time as the Agreed Measures on the Conservation of Antarctic Fauna and Flora may become effective in accordance with Article IX of the Antarctic Treaty, these Agreed Measures as far as feasible be considered as guide lines in this interim period. III-X Interest of SCAR in the conservation of Antarctic fauna and flora
Recognizing the initiative already taken by the Scientific Committee on Antarctic Research (SCAR) on matters relating to the conservation of Antarctic fauna and flora, and considering its role as defined in Recommendation I-IV, the Representatives recommend to their Governments that they encourage SCAR to continue its interest in those matters and to prepare reports from time to time on this subject, and especially at this time on the matters that it considers should be listed in the Annexes of the Agreed Measures for the Conservation of Antarctic Fauna and Flora.
IV-18 Cooperation in implementing Article VI of the Agreed Measures for the Conservation of Antarctic Fauna and Flora
(Recommendation III-8)
The Representatives, taking into consideration Article VI of the Agreed Measures for the Conservation of Antarctic Fauna and Flora (Recommendation III-8), recommend to their Governments that in cases where expeditions of more than one Participating Government may be working in the same region of the Treaty Area, the Governments involved should arrange to cooperate as far as practicable in limiting the issuance of permits in accordance with Article VI to ensure that the total number of native mammals and birds killed or captured accords with the requirements of paragraphs 4 and 7(b) of Article VI and paragraph 4(b) of Article VIII of the Agreed Measures.
IV-19 Implementation of Article XII(1)(d) of the Agreed Measures
The Representatives recommend to their Governments that for the effective implementation of the provision of Article XII of the Agreed Measures for the Conservation of Antarctic Fauna and Flora, documents exchanged annually by Participating Governments on the matters set down in paragraph 1(a) of that Article should follow the pattern of the form annexed hereto [p. 2054]. Recognizing the role of the Scientific Committee on Antarctic Research (SCAR), as defined in Recommendation I-IV, the Representatives further welcome the decision of SCAR to study the status of species, their need for protection and numbers of each species which might be harvested for food, study or other uses, as outlined in paragraph 1(b) and (c) of Article XII of the Agreed Measures.
IV-20 Interim Guide Lines for the Conservation of Fauna and Flora
The Representatives recommend to their Governments that, until such time as the Agreed Measures on the Conservation of Antarctic Fauna and Flora may become effective in accordance with Article IX of the Antarctic Treaty, the following Recommendations as far as feasible be considered as guide lines in the interim period. Recommendations IV-1 to IV-19 inclusive.
VI-9 Data on the conservation of fauna and flora
The Representatives,
Recalling Recommendations III-10 and IV-19;
Noting that
1. information is already being exchanged in accordance with the interim guidelines contained in Recommendation IV-20;
2. this information may be freely published and it is desirable that it should be amalgamated in the form most useful for scientific analysis;
Recommend to their Governments that
1. They transmit the information exchanged under Recommendation IV-19 to their National Antarctic Committees;
2. They invite the Scientific Committee on Antarctic Research, through their National Committees, to assemble the information exchanged under Article XII of the Agreed Measures for the Conservation of Antarctic Fauna and Flora, to arrange for its publication and, in accordance with Recommendation IV-19, to prepare reports from time to time on the status of species.
Extract from Report of VIth ATCM
The Meeting considered that on the occasion of the exchanges of infor mation under the provisions of Article XII of the Agreed Measures on the Conservation of Antarctic Fauna and Flora or under any amendment to that Article by a subsequent Recommendation, it would be desirable that Consultative Parties which have no information to report should indicate this formally.
Extract from report of VIIth ATCM
The Meeting noted that, in response to the invitations initiated by Recommendation VI-9, the Scientific Committee on Antarctic Research (SCAR) had tabulated and had arranged for the publication of the statistics exchanged under Article XII of the Agreed Measures for the Conservation of Antarctic Fauna and Flora on the seals and birds killed and captured in the Antarctic Treaty Area during the period 1964-69. Those tabulated statistics would continue to be published, together with the comments of the relevant SCAR group on any changes in the status of species that could be attributed to the numbers killed. The Representatives were pleased to note, from information drawn to their attention during the meeting, an authoritative opinion that there is at present no serious direct threat to Antarctic seals and birds and in particular that no species is endangered, although the possibility of over-exploitation of some local populations of seals cannot be entirely ruled out.
The Meeting reviewed the legislative and/or administrative action taken by Consultative Parties, or in preparation, to conserve fauna and flora in the Treaty Area, and expressed satisfaction at the consider able progress made towards the harmonization of national regulations. The need to expedite approval of the Agreed Measures for the Conserva tion of Fauna and Flora, and to give effect to the provisions thereof throughout the Treaty Area in accordance with their terms, was also stressed.
Extract from Report of VIIIth ATCM
A desire was expressed that Consultative Parties which had not yet approved certain Recommendations of previous Consultative Meetings, and especially Recommendation III-8, should take appropriate steps for the earliest possible approval of such Recommendations. The Meeting noted with satisfaction statements by some Representatives that action for approval of Recommendation III-8 is imminent and also that the Agreed Measures for the Conservation of Antarctic Fauna and Flora are being voluntarily implemented pending unanimous approval and entry into force of Recommendation III-8.
2.3.4. Annex II to the Protocol on Environmental Protection to the Antarctic Treaty
Conservation of Antarctic Fauna and Flora
Article 1 Definitions
For the purposes of this Annex:
a. 'native mammal' means any member of any species belonging to the Class Mammalia, indigenous to the Antarctic Treaty area or occurring there seasonally through natural migrations;
b. 'native bird' means any member, at any stage of its life cycle (including eggs), of any species of the Class Aves indigenous to the Antarctic Treaty area or occurring there seasonally through natural migrations;
c. 'native plant' means any terrestrial or freshwater vegetation, including bryophytes, lichens, fungi and algae, at any stage of its life cycle (including seeds, and other propagules), indigenous to the Antarctic Treaty area;
d. 'native invertebrate' means any terrestrial or freshwater invertebrate, at any stage of its life cycle, indigenous to the Antarctic Treaty area;
e. 'appropriate authority' means any person or agency authorized by a Party to issue permits under this Annex;
f. 'permit' means a formal permission in writing issued by an appropriate authority;
g. 'take' or 'taking' means to kill, injure, capture, handle or molest, a native mammal or bird, or to remove or damage such quantities of native plants that their local distribution or abundance would be significantly affected;
h. 'harmful interference' means
i. flying or landing helicopters or other aircraft in a manner that disturbs concentrations of birds and seals;
ii. using vehicles or vessels, including hovercraft and small boats, in a manner that disturbs concentrations of birds and seals;
iii. using explosives or firearms in a manner that disturbs concentrations of birds and seals;
iv. wilfully disturbing breeding or moulting birds or concentrations of birds and seals by persons on foot;
v. significantly damaging concentrations of native terrestrial plants by landing aircraft, driving vehicles, or walking on them, or by other means; and
vi. any activity that results in the significant adverse modification of habitats of any species or population of native mammal, bird, plant or invertebrate.
i. 'International Convention for the Regulation of Whaling' means the Convention done at Washington on 2 December 1946.
Article 2 Cases of emergency
1. This Annex shall not apply in cases of emergency relating to the safety of human life or of ships, aircraft, or equipment and facilities of high value, or the protection of the environment.
2. Notice of activities undertaken in cases of emergency shall be circulated immediately to all Parties and to the Committee.
Article 3 Protection of native fauna and flora
1. Taking or harmful interference shall be prohibited, except in accordance with a permit.
2. Such permits shall specify the authorized activity, including when, where and by whom it is to be conducted and shall be issued only in the following circumstances
a. to provide specimens for scientific study or scientific information;
b. to provide specimens for museums, herbaria, zoological and botanical gardens, or other educational or cultural institutions or uses; and
c. to provide for unavoidable consequences of scientific activities not otherwise authorized under sub-paragraphs (a) or (b) above, or of the construction and operation of scientific support facilities.
3. The issue of such permits shall be limited so as to ensure that
a. no more native mammals, birds, or plants are taken than are strictly necessary to meet the purposes set forth in paragraph 2 above;
b. only small numbers of native mammals or birds are killed and in no case more native mammals or birds are killed from local populations than can, in combination with other permitted takings, normally be replaced by natural reproduction in the following season; and
c. the diversity of species, as well as the habitats essential to their existence, and the balance of the ecological systems existing within the Antarctic Treaty are maintained.
4. Any species of native mammals, birds and plants listed in Appendix A to this Annex shall be designated 'Specially Protected Species', and shall be accorded special protection by the Parties.
5. A permit shall not be issued to take a Specially Protected Species unless the taking
a. is for a compelling scientific purpose;
b. will not jeopardize the survival or recovery of that species or local population; and
c. uses non-lethal techniques where appropriate.
6. All taking of native mammals and birds shall be done in the manner that involves the least degree of pain and suffering practicable.
Article 4 Introduction of non-native species, parasites and diseases
1. No species of animal or plant not native to the Antarctic Treaty area shall be introduced onto land or ice shelves, or into water in the Antarctic Treaty area except in accordance with a permit.
2. Dogs shall not be introduced onto land or ice shelves and dogs currently in those areas shall be removed by April 1, 1994.
3. Permits under paragraph 1 above shall be issued to allow the importation only of the animals and plants listed in Appendix B to this Annex and shall specify the species, numbers and, if appropriate, age and sex and precautions to be taken to prevent escape or contact with native fauna and flora.
4. Any plant or animal for which a permit has been issued in accordance with paragraphs 1 and 3 above, shall, prior to expiration of the permit, be removed from the Antarctic Treaty area or be disposed of by incineration or equally effective means that eliminates risk to native fauna or flora. The permit shall specify this obligation. Any other plant or animal introduced into the Antarctic Treaty area not native to that area, including any progeny, shall be removed or disposed of, by incineration or by equally effective means, so as to be rendered sterile, unless it is determined that they pose no risk to native flora or fauna.
5. Nothing in this Article shall apply to the importation of food into the Antarctic Treaty area provided that no live animals are imported for this purpose and all plants and animal parts and products are kept under carefully controlled conditions and disposed of in accordance with Annex III to the Protocol and Appendix C to this Annex.
6. Each Party shall require that precautions, including those listed in Appendix C to this Annex, be taken to prevent the introduction of micro-organisms (e.g., viruses, bacteria, parasites, yeasts, fungi) not present in the native fauna and flora.
Article 5 Information
Each Party shall prepare and make available information setting forth, in particular, prohibited activities and providing lists of Specially Protected Species and relevant Protected Areas to all those persons present in or intending to enter the Antarctic Treaty area with a view to ensuring that such persons understand and observe the provisions of this Annex.
Article 6 Exchange of information
1. The Parties shall make arrangements for
a. collecting and exchanging records (including records of permits) and statistics concerning the numbers or quantities of each species of native mammal, bird or plant taken annually in the Antarctic Treaty area;
b. obtaining and exchanging information as to the status of native mammals, birds, plants, and invertebrates in the Antarctic Treaty area, and the extent to which any species or population needs protection;
c. establishing a common form in which this information shall be submitted by Parties in accordance with paragraph 2 below.
2. Each Party shall inform the other Parties as well as the Committee before the end of November of each year of any step taken pursuant to paragraph 1 above and of the number and nature of permits issued under this Annex in the preceding period of 1st July to 30th June.
Article 7 Relationship with other agreements outside the Antarctic Treaty System
Nothing in this Annex shall derogate from the rights and obligations of Parties under the International Convention for the Regulation of Whaling.
Article 8 Review
The Parties shall keep under continuing review measures for the conservation of Antarctic fauna and flora, taking into account any recommendations from the Committee.
Article 9 Amendment or modification
1. This Annex may be amended or modified by a measure adopted in accordance with Article IX (1) of the Antarctic Treaty. Unless the measure specifies otherwise, the amendment or modification shall be deemed to have been approved, and shall become effective, one year after the close of the Antarctic Treaty Consultative Meeting at which it was adopted, unless one or more of the Antarctic Treaty Consultative Parties notifies the Depositary, within that time period, that it wishes an extension of that period or that it is unable to approve the measure.
2. Any amendment or modification of this Annex which becomes effective in accordance with paragraph 1 above shall thereafter become effective as to any other Party when notice of approval by it has been received by the Depositary.
Appendices to the Annex

Appendix A Specially Protected Species
All species of the genus Arctocephalus, Fur Seals. Ommatophoca rossii, Ross Seal.
Appendix B Importation of animals and plants
The following animals and plants may be imported into the Antarctic Treaty area in accordance with permits issued under Article 4 of this Annex
a. domestic plants; and
b. laboratory animals and plants including viruses, bacteria, yeasts and fungi.
Appendix C Precautions to prevent introductions of micro-organisms
1. Poultry. No live poultry or other living birds shall be brought into the Antarctic Treaty area. Before dressed poultry is packaged for shipment to the Antarctic Treaty area, it shall be inspected for evidence of disease, such as Newcastle's Disease, tuberculosis, and yeast infection. Any poultry or parts not consumed shall be removed from the Antarctic Treaty area or disposed of by incineration or equivalent means that eliminates risks to native flora and fauna.
2. The importation of non-sterile soil shall be avoided to the maximum extent practicable.
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