example, the US are not party to the convention itself, it may still be a member of one
of the Agreements (which it in fact also is in the case of three MoUs). The CMS
enables species to be listed in both Appendix I and II, meaning that while a species
may be shielded from all takes, parties can enter into more specific agreements for its
protection. In a way this corresponds to the split-listing of CITES: while one
sub-population may be listed in Appendix I, another may be listed in Appendix
II. While that may be the case, CITES has inserted this split-listing after long debates
only in the late 1990s. The listing in both Appendices of the CMS has existed from
the beginning, once again highlighting the progressive nature of the convention.
Not surprisingly, quite a large number of marine mammals are listed on the
Appendices of the CMS. In fact, the 77 listed whale species constitute the large
majority of all whale species in the world. Of these, 15 species are listed on
Appendix I (of which 8 are listed in both Appendices). All great whales, except
for the gray whale, that are managed under the auspices of the IWC are listed here.
The blue, bowhead, right and humpback whales have been listed since 1979 while
the sperm, fin and sei whale were added in 2002. Since Japan is not a party to either
the convention itself nor any of the instruments, it is not legally bound by the
provisions set forth. Iceland is equally not party to the CMS and merely a party to
the Agreement on African-Eurasian Migratory Waterbirds. Iceland’s whaling is thus
not affected by the CMS. Norway, on the other hand, has been party to the CMS
since 1985. But since Norway does not whale species that are listed in Appendix I, it
is not affected by the prohibition on any takes either. Norway’s whaling activities in
the North Atlantic focus primarily on the common minke whale (Balaenoptera
acutorostrata), which is protected under the Agreement on the Conservation of
Cetaceans of the Black Sea, Mediterranean Sea and contiguous Atlantic area
(ACCOBAMS) (see Sect. 5.4). Since Norway is neither a range state of this
agreement and thus not a signatory, it is not affected by it.
The case of seals is somewhat less dramatic. All in all, only six seal species are
listed on the Appendices. Only the Mediterranean monk seal (Monachus monachus)
and the Caspian seal (Pusa caspica) are listed on Appendix I and II while the other
species are listed on Appendix II. However, since neither is affected by ongoing
large-scale seal hunts, direct taking of these species is not a major threat. The
relevance of the CMS and its agreements thus lies in the alleviation of multiple
threats stemming from climate change, infrastructure development or fishing. We
will get to know the instrument for the protection of the Mediterranean monk seal in
Sect. 6.4.4.
Lastly, and not surprisingly, the polar bear has been listed on Appendix II since
2014. Although, as we have seen above, once listed in Appendix II the parties to the
CMS are to take specific steps for the conservation of the species, no such Agreement has been concluded in case of the polar bear.
In conclusion, although the CMS places great emphasis on cetaceans, the CMS as
a regime has not had a lasting impact on global whaling activities. The reason is
rather simple: the whaling nations are either not party to the convention or not party
to any of its Agreements. The threat reduction to marine mammals can therefore be
found in the CMS’ role for ecosystem and habitat protection. This occurs
4.2 Global Regimes of Relevance
63
of the Agreements (which it in fact also is in the case of three MoUs). The CMS
enables species to be listed in both Appendix I and II, meaning that while a species
may be shielded from all takes, parties can enter into more specific agreements for its
protection. In a way this corresponds to the split-listing of CITES: while one
sub-population may be listed in Appendix I, another may be listed in Appendix
II. While that may be the case, CITES has inserted this split-listing after long debates
only in the late 1990s. The listing in both Appendices of the CMS has existed from
the beginning, once again highlighting the progressive nature of the convention.
Not surprisingly, quite a large number of marine mammals are listed on the
Appendices of the CMS. In fact, the 77 listed whale species constitute the large
majority of all whale species in the world. Of these, 15 species are listed on
Appendix I (of which 8 are listed in both Appendices). All great whales, except
for the gray whale, that are managed under the auspices of the IWC are listed here.
The blue, bowhead, right and humpback whales have been listed since 1979 while
the sperm, fin and sei whale were added in 2002. Since Japan is not a party to either
the convention itself nor any of the instruments, it is not legally bound by the
provisions set forth. Iceland is equally not party to the CMS and merely a party to
the Agreement on African-Eurasian Migratory Waterbirds. Iceland’s whaling is thus
not affected by the CMS. Norway, on the other hand, has been party to the CMS
since 1985. But since Norway does not whale species that are listed in Appendix I, it
is not affected by the prohibition on any takes either. Norway’s whaling activities in
the North Atlantic focus primarily on the common minke whale (Balaenoptera
acutorostrata), which is protected under the Agreement on the Conservation of
Cetaceans of the Black Sea, Mediterranean Sea and contiguous Atlantic area
(ACCOBAMS) (see Sect. 5.4). Since Norway is neither a range state of this
agreement and thus not a signatory, it is not affected by it.
The case of seals is somewhat less dramatic. All in all, only six seal species are
listed on the Appendices. Only the Mediterranean monk seal (Monachus monachus)
and the Caspian seal (Pusa caspica) are listed on Appendix I and II while the other
species are listed on Appendix II. However, since neither is affected by ongoing
large-scale seal hunts, direct taking of these species is not a major threat. The
relevance of the CMS and its agreements thus lies in the alleviation of multiple
threats stemming from climate change, infrastructure development or fishing. We
will get to know the instrument for the protection of the Mediterranean monk seal in
Sect. 6.4.4.
Lastly, and not surprisingly, the polar bear has been listed on Appendix II since
2014. Although, as we have seen above, once listed in Appendix II the parties to the
CMS are to take specific steps for the conservation of the species, no such Agreement has been concluded in case of the polar bear.
In conclusion, although the CMS places great emphasis on cetaceans, the CMS as
a regime has not had a lasting impact on global whaling activities. The reason is
rather simple: the whaling nations are either not party to the convention or not party
to any of its Agreements. The threat reduction to marine mammals can therefore be
found in the CMS’ role for ecosystem and habitat protection. This occurs
4.2 Global Regimes of Relevance
63