Antarctic Seals (CCAS) from 1972, the Convention on the Conservation of Antarctic
Marine Living Resources (CAMLR)
18 from 1980 and the Madrid Protocol from
1991. As we have seen in Sect. 4.3.3, marine mammals do play a role in the Antarctic
governance, however, not directly under the purview of Antarctic institutions. After
all, when the Antarctic Treaty was adopted, the whaling convention had already been
in force and the Antarctic Treaty parties did not see a point in agreeing upon another
separate regime.
The case was different in regard to Antarctic seals. Since whaling and sealing
were primary drivers for Antarctic exploration in the first place and up until the
1960s active seal hunts were ongoing in Antarctic regions, the Antarctic Treaty
parties considered it an asset to have an agreement in place that would regulate
Antarctic sealing activities. To this end, the Antarctic Treaty Consultative Parties
(ATCP), those countries that have since the coming into force of the Antarctic Treaty
acceded to the treaty but are not amongst the twelve original parties, decided on
voluntary interim guidelines for the protection of Antarctic seals in 1964. Four years
later, the Antarctic Treaty Consultative Meeting (ATCM) negotiated the first draft
for a convention that was presented to the national governments. At the Sixth ATCM
in 1970 it was discussed whether a sealing agreement should fall under the Antarctic
Treaty or whether it should be considered as a stand-alone agreement. The meeting
opted for the second option since this would also allow non ATCPs and
non-Antarctic Treaty parties to enter the agreement irrespective of their ongoing
research activities in Antarctica—a crucial element in the status of ATCPs. In 1972,
therefore, a high-level meeting was held that discussed the draft of the convention
from 1970. Ultimately, the meeting adopted the Convention for the Conservation of
Antarctic Seals (CCAS),
19 which would put a regulatory regime for Weddell seals
(Leptonychotes weddellii), crabeater seal (Lobodon carcinophaga), Ross seal
(Ommatophoca rossii), Southern elephant seal (Mirounga leonina), leopard seal
(Hydrurga leptonyx) and Southern fur seal (Arctocephalus gazella) in place. The
convention entered into force on 11 March 1978.
The CCAS primarily aimed at reducing the seal hunts on land, which had
decimated seal populations drastically in the past. Contrary to the North Pacific,
pelagic sealing was in principle still permitted. While that was the case, the Annex of
the CCAS reads that the parties “agree to take appropriate steps to ensure that their
nationals and vessels under their respective flags refrain from killing or capturing
seals in the water” except for scientific purposes.
20 However, a complete prohibition
of hunts was put in place for the Southern elephant seal, Ross seal and Southern fur
seal. For the other three species, total allowable catches (TACs) were put in place
while a total ban on any take was inserted from 1 March to 31 August each year.
Moreover, six sealing zones were established within the agreement area, which
18 Convention on the Conservation of Antarctic Marine Living Resources, 20 May 1980 (1329
UNTS 48).
19 Convention for the Conservation of Antarctic Seals (CCAS), 1 June 1972 (11 ILM 251).
20 CCAS, Annex 7.b.
142
6 The International Legal Framework for Seals
Marine Living Resources (CAMLR)
18 from 1980 and the Madrid Protocol from
1991. As we have seen in Sect. 4.3.3, marine mammals do play a role in the Antarctic
governance, however, not directly under the purview of Antarctic institutions. After
all, when the Antarctic Treaty was adopted, the whaling convention had already been
in force and the Antarctic Treaty parties did not see a point in agreeing upon another
separate regime.
The case was different in regard to Antarctic seals. Since whaling and sealing
were primary drivers for Antarctic exploration in the first place and up until the
1960s active seal hunts were ongoing in Antarctic regions, the Antarctic Treaty
parties considered it an asset to have an agreement in place that would regulate
Antarctic sealing activities. To this end, the Antarctic Treaty Consultative Parties
(ATCP), those countries that have since the coming into force of the Antarctic Treaty
acceded to the treaty but are not amongst the twelve original parties, decided on
voluntary interim guidelines for the protection of Antarctic seals in 1964. Four years
later, the Antarctic Treaty Consultative Meeting (ATCM) negotiated the first draft
for a convention that was presented to the national governments. At the Sixth ATCM
in 1970 it was discussed whether a sealing agreement should fall under the Antarctic
Treaty or whether it should be considered as a stand-alone agreement. The meeting
opted for the second option since this would also allow non ATCPs and
non-Antarctic Treaty parties to enter the agreement irrespective of their ongoing
research activities in Antarctica—a crucial element in the status of ATCPs. In 1972,
therefore, a high-level meeting was held that discussed the draft of the convention
from 1970. Ultimately, the meeting adopted the Convention for the Conservation of
Antarctic Seals (CCAS),
19 which would put a regulatory regime for Weddell seals
(Leptonychotes weddellii), crabeater seal (Lobodon carcinophaga), Ross seal
(Ommatophoca rossii), Southern elephant seal (Mirounga leonina), leopard seal
(Hydrurga leptonyx) and Southern fur seal (Arctocephalus gazella) in place. The
convention entered into force on 11 March 1978.
The CCAS primarily aimed at reducing the seal hunts on land, which had
decimated seal populations drastically in the past. Contrary to the North Pacific,
pelagic sealing was in principle still permitted. While that was the case, the Annex of
the CCAS reads that the parties “agree to take appropriate steps to ensure that their
nationals and vessels under their respective flags refrain from killing or capturing
seals in the water” except for scientific purposes.
20 However, a complete prohibition
of hunts was put in place for the Southern elephant seal, Ross seal and Southern fur
seal. For the other three species, total allowable catches (TACs) were put in place
while a total ban on any take was inserted from 1 March to 31 August each year.
Moreover, six sealing zones were established within the agreement area, which
18 Convention on the Conservation of Antarctic Marine Living Resources, 20 May 1980 (1329
UNTS 48).
19 Convention for the Conservation of Antarctic Seals (CCAS), 1 June 1972 (11 ILM 251).
20 CCAS, Annex 7.b.
142
6 The International Legal Framework for Seals