parties agree to establish a network of specially protected areas for cetaceans. All
littoral states to the Mediterranean Sea and the Black Sea are parties to the
ACCOBAMS, so the agreement area encompasses both seas in total. In 2010,
however, the 24 parties to the ACCOBAMS decided to include also the Spanish
and Portuguese EEZs into the agreement’s geographical coverage.
ACCOBAMS has focused on several ‘traditional’ conservation issues, such as
population estimation, the reduction of ship strikes, fisheries-cetaceans interactions
and associated recommendations for gillnet fisheries, or anthropogenic noise. Additionally, ACCOBAMS has also included matters related to cetaceans in captivity, for
example by having provided guidelines for the release of cetaceans into the wild.
Also public awareness, whale watching and issues related to whale strandings are
well within the functionary scope of the ACCOBAMS. The further establishment
and maintenance of protected areas for whales constitute a primary focus of the
agreement, which are being identified based on areas of interest for marine mammals
and those particularly affected by anthropogenic threats.
ACCOBAMS parties, however, have taken further multilateral steps to ensure the
protection of marine mammals in their respective EEZs. The Agreement for the
Creation of a Sanctuary for Marine Mammals (Pelagos Agreement),
21 for instance,
creates a sanctuary in the Corso-Liguro-Provençal Basin between France, Monaco
and Italy and essentially mirrors the provisions of the ACCOBAMS. However, it
goes beyond the ACCOBAMS since it includes all marine mammals in the area and
not merely cetaceans. Given the similarity with the ACCOBAMS, however, it is
necessary to mention in line with it.
A legally non-binding MoU was concluded between several Pacific island states,
Australia and New Zealand in 2006. The Memorandum of Understanding for the
Conservation of Cetaceans and their Habitats in the Pacific Islands Region and
Action Plan
22 focuses on the CMS-typical cetacean-related elements that also
characterise the ACCOBAMS, such as threat reduction; habitat protection; research
and monitoring; education and public awareness; Strandings and cetacean-based
tourism. A special element of the South Pacific MoU is its Whale and Dolphin
Action Plan, which includes the focus on cultural elements of whales and dolphins
for the people in the region. Even though none of the small island states have even
been whaling nations, twentieth century whaling has left significant marks on the
abundance of whales. The MoU thus supports domestic education programmes that
highlight the cultural importance of whales throughout the MoU’s signatory states.
21 Agreement for the Creation of a Sanctuary for Marine Mammals; original in French Accord
Relatif à la Création en Méditerranée d'un Sanctuaire pour les Mammifères Marins, 25 Nov 1999.
22 Memorandum of Understanding for the Conservation of Cetaceans and their Habitats in the
Pacific Islands Region and Action Plan, UNEP/CMS/PIC-1/Inf/3, 15 Sept 2006.
112
5 The International Legal Framework for Whales
littoral states to the Mediterranean Sea and the Black Sea are parties to the
ACCOBAMS, so the agreement area encompasses both seas in total. In 2010,
however, the 24 parties to the ACCOBAMS decided to include also the Spanish
and Portuguese EEZs into the agreement’s geographical coverage.
ACCOBAMS has focused on several ‘traditional’ conservation issues, such as
population estimation, the reduction of ship strikes, fisheries-cetaceans interactions
and associated recommendations for gillnet fisheries, or anthropogenic noise. Additionally, ACCOBAMS has also included matters related to cetaceans in captivity, for
example by having provided guidelines for the release of cetaceans into the wild.
Also public awareness, whale watching and issues related to whale strandings are
well within the functionary scope of the ACCOBAMS. The further establishment
and maintenance of protected areas for whales constitute a primary focus of the
agreement, which are being identified based on areas of interest for marine mammals
and those particularly affected by anthropogenic threats.
ACCOBAMS parties, however, have taken further multilateral steps to ensure the
protection of marine mammals in their respective EEZs. The Agreement for the
Creation of a Sanctuary for Marine Mammals (Pelagos Agreement),
21 for instance,
creates a sanctuary in the Corso-Liguro-Provençal Basin between France, Monaco
and Italy and essentially mirrors the provisions of the ACCOBAMS. However, it
goes beyond the ACCOBAMS since it includes all marine mammals in the area and
not merely cetaceans. Given the similarity with the ACCOBAMS, however, it is
necessary to mention in line with it.
A legally non-binding MoU was concluded between several Pacific island states,
Australia and New Zealand in 2006. The Memorandum of Understanding for the
Conservation of Cetaceans and their Habitats in the Pacific Islands Region and
Action Plan
22 focuses on the CMS-typical cetacean-related elements that also
characterise the ACCOBAMS, such as threat reduction; habitat protection; research
and monitoring; education and public awareness; Strandings and cetacean-based
tourism. A special element of the South Pacific MoU is its Whale and Dolphin
Action Plan, which includes the focus on cultural elements of whales and dolphins
for the people in the region. Even though none of the small island states have even
been whaling nations, twentieth century whaling has left significant marks on the
abundance of whales. The MoU thus supports domestic education programmes that
highlight the cultural importance of whales throughout the MoU’s signatory states.
21 Agreement for the Creation of a Sanctuary for Marine Mammals; original in French Accord
Relatif à la Création en Méditerranée d'un Sanctuaire pour les Mammifères Marins, 25 Nov 1999.
22 Memorandum of Understanding for the Conservation of Cetaceans and their Habitats in the
Pacific Islands Region and Action Plan, UNEP/CMS/PIC-1/Inf/3, 15 Sept 2006.
112
5 The International Legal Framework for Whales