area. While focusing on small cetaceans, ASCOBANS is therefore an agreement
which has much further reaching impacts, complementing the work of other regional
bodies for the protection of the environment, such as the Baltic Marine Environment
Protection Commission (HELCOM). Not surprisingly, ASCOBANS and HELCOM
cooperate rather closely on issues related to small cetaceans and the reduction of
threats associated with them. Primary efforts that have been undertaken under
ASCOBANS relate to abundance estimation, incidental takes of harbour porpoises
and to the reduction of by-catch.
Under the CMS, a small cetacean-specific MoU was concluded between western
African states and Macaronesia (Azores, Canary Islands, Cap Verde and Madeira).
The Memorandum of Understanding Concerning the Conservation of the Manatee
and Small Cetaceans of Western Africa and Macaronesia
25 was concluded on
8 October 2008 and encompasses 16 African states and Portugal. Notably, the
MoU was also signed by the three land-locked states Mali, Niger and Chad, which
is particularly important for the African manatee (Trichechus senegalensis) whose
habitat stretches across the waterways of these countries. Why other range states of
both the African manatee and small cetaceans have thus far not signed the MoU
cannot be ascertained. Be that as it may, the West African marine mammals MoU
strives directly and indirectly for the protection of these species. On the one hand, it
encourages the signatories to ratify the CMS and also other relevant biodiversity
treaties. On the other, threat reduction, habitat restoration and the exchange of
scientific information related to West African marine mammals are core cooperative
features of the MoU.
According to the Action Plan, which is an integral part of the MoU, the cultural
aspects of marine mammals are to be considered while the non-lethal sustainable
use, meaning marine mammals for income generation without their killing, is a
fundamental element of the Action Plan. The interrelation with other international
agreements stands out in the Action Plan since the MoU’s area of application
corresponds to the area of the 1981 Convention for Co-operation in the Protection
and Development of the Marine and Coastal Environment of the West and Central
African Region (Abidjan Convention).
26 Although the Abidjan Convention is not
directly applicable to marine mammals, it nevertheless deals with threats to the
coastal regions and marine areas of the parties. Consequently, it is also of importance
for small cetacean and manatee habitat restoration and threat reduction.
25 Memorandum of Understanding Concerning the Conservation of the Manatee and Small
Cetaceans of Western Africa and Macaronesia, 8 Oct 2008.
26 Convention for Co-operation in the Protection and Development of the Marine and Coastal
Environment of the West and Central African Region, 23 Mar 1981 (20 ILM 746).
116
5 The International Legal Framework for Whales
which has much further reaching impacts, complementing the work of other regional
bodies for the protection of the environment, such as the Baltic Marine Environment
Protection Commission (HELCOM). Not surprisingly, ASCOBANS and HELCOM
cooperate rather closely on issues related to small cetaceans and the reduction of
threats associated with them. Primary efforts that have been undertaken under
ASCOBANS relate to abundance estimation, incidental takes of harbour porpoises
and to the reduction of by-catch.
Under the CMS, a small cetacean-specific MoU was concluded between western
African states and Macaronesia (Azores, Canary Islands, Cap Verde and Madeira).
The Memorandum of Understanding Concerning the Conservation of the Manatee
and Small Cetaceans of Western Africa and Macaronesia
25 was concluded on
8 October 2008 and encompasses 16 African states and Portugal. Notably, the
MoU was also signed by the three land-locked states Mali, Niger and Chad, which
is particularly important for the African manatee (Trichechus senegalensis) whose
habitat stretches across the waterways of these countries. Why other range states of
both the African manatee and small cetaceans have thus far not signed the MoU
cannot be ascertained. Be that as it may, the West African marine mammals MoU
strives directly and indirectly for the protection of these species. On the one hand, it
encourages the signatories to ratify the CMS and also other relevant biodiversity
treaties. On the other, threat reduction, habitat restoration and the exchange of
scientific information related to West African marine mammals are core cooperative
features of the MoU.
According to the Action Plan, which is an integral part of the MoU, the cultural
aspects of marine mammals are to be considered while the non-lethal sustainable
use, meaning marine mammals for income generation without their killing, is a
fundamental element of the Action Plan. The interrelation with other international
agreements stands out in the Action Plan since the MoU’s area of application
corresponds to the area of the 1981 Convention for Co-operation in the Protection
and Development of the Marine and Coastal Environment of the West and Central
African Region (Abidjan Convention).
26 Although the Abidjan Convention is not
directly applicable to marine mammals, it nevertheless deals with threats to the
coastal regions and marine areas of the parties. Consequently, it is also of importance
for small cetacean and manatee habitat restoration and threat reduction.
25 Memorandum of Understanding Concerning the Conservation of the Manatee and Small
Cetaceans of Western Africa and Macaronesia, 8 Oct 2008.
26 Convention for Co-operation in the Protection and Development of the Marine and Coastal
Environment of the West and Central African Region, 23 Mar 1981 (20 ILM 746).
116
5 The International Legal Framework for Whales