APPENDIX X

Summary of current legislation for the conservation of cetaceans

1. Current global legislation

The following list contains those legal instruments and policy frameworks that apply to the entire world (i.e. to those countries that have ratified the instruments concerned). They are ranked chronologically. Information obtained from C. Hedley, The Internet Guide to International Fisheries Law, (2000): http://www.oceanlaw.net.

1.1. Convention on International Trade in Endangered Species (CITES - Washington Convention, 1973).

Date of adoption: 3 March 1973

Amended at Bonn, on 22 June 1979

Amendment adopted at Gabarone on 30 April 1983 not in force

Place of adoption: Washington DC, USA

Entry into force: 1 July 1975

Number of parties: 149

Principal objectives: The Convention does not explicitly states its objectives, but the basic purpose is clear: it seeks to protect endangered species of wild fauna and flora by preventing or restricting international trade in specimens or derivative products of such species.

Territorial scope: Global.

Material scope: Endangered species of flora and fauna (terrestrial, avian and marine). Species subject to CITES are listed on one of three Appendices. Appendix I lists species threatened with extinction; Appendix II lists (a) species not necessarily threatened with extinction, but for which trade must be controlled in order to avoid utilisation incompatible with their survival and (b) species which must be subject to regulation in order that the trade in other listed species is brought under control; and Appendix III lists species which are identified by any Party as protected in its jurisdiction, and as needing the co-operation of other parties in the control of trade in their specimens.

Operative mechanism: The main decision-making body is the Conference of the Parties, supported by an active Secretariat. At the national level, import and export authorisations are granted by Management Authorities and Scientific Authorities, which every Party is required to appoint.

Note: marine mammals are listed in Appendix I and II.

More detailed information: http://www.wcmc.org.uk/CITES/

1.2. Convention on the Conservation of Migratory Species of Wild Animals (The Bonn Convention).

Date of adoption: 23 June 1979

Place of adoption: Bonn, Germany

Entry into force: 1 November 1983

Number of parties: 66

Principal objectives: This Convention aims to conserve migratory species of wild animals throughout their range, by providing strict protection for species and habitats of endangered animals listed in Appendix I and by promoting international agreements for the protection of migratory species that require or would benefit significantly from international co-operation, listed in Appendix II.

Seven Agreements have been concluded to date under the auspices of the Bonn Convention, including three which seek to conserve marine wildlife: the 1990 Agreement on the Conservation of Seals in the Wadden Sea, the 1992 Agreement on the Conservation of Small Cetaceans of the Baltic and North Seas, and the 1996 Agreement on the Conservation of Cetaceans of the Black Sea, Mediterranean Sea and Contiguous Atlantic Area.

Territorial scope: Global

Material scope: Migratory species of wild terrestrial, marine and avian migratory species listed on two Appendices.

Operative mechanism: Decision-making organ is the Conference of the Parties (COP) which meets every two and a half years. A Standing Committee provides policy and administrative guidance between the regular meetings of the COP. A Scientific Council consisting of experts appointed by individual member States and by the COP, gives advice on technical and scientific matters. A secretariat under the auspices of the United Nations Environment Programme (UNEP) provides administrative support.

Note: Marine species include, inter alia, some species of fish, cetacean and pinniped.

More detailed information: http://www.wcmc.org.uk/cms/

1.2.1. Agreement on the Conservation of Small Cetaceans of the Baltic and North Seas (ASCOBANS).

Date of adoption: 17 March 1992

Place of adoption: UN Headquarters, New York

Entry into force: 29 March 1994

Number of parties: 8

Principal objectives: The basic purpose of ASCOBANS is to promote close co-operation "in order to achieve and maintain a favourable conservation status for small cetaceans" in the Baltic and North Seas [Article 2(1)]. The principal measures by which this objective is to be achieved are outlined in the Conservation and management plan, which appears an Annex to the Agreement, and which requires parties, inter alia, to endeavour to establish the prohibition under national law of the intentional taking and killing of small cetaceans and the obligation to release immediately any animals caught alive and in good health; to reduce pollution harmful to small cetaceans; to modify fishing gear and practices in order to reduce by-catches and prevent gear from being abandoned or discarded at sea; to regulate activities which seriously affect the food sources of small cetaceans; to prevent significant disturbance (e.g. seismic testing, whale-watching) to small cetaceans; to carry out population surveys and research into the causes of their decline; to carry out improved reporting of bycatches and strandings, to be collected in an international database.

ASCOBANS is one of two regional agreements adopted in recent years, under the auspices of the 1979 Convention for the Conservation of Migratory Species of Wild Animals ("the Bonn Convention"), concerned with the conservation of cetaceans. The other is ACCOBAMS.

Territorial scope: The Agreement Area is defined as the marine environment of the Baltic and North Seas. [Article 1(3)(a)]

Material scope: Small cetaceans, defined as any species, subspecies or population of toothed whales Odontoceti, except the sperm whale Physeter macrocephalus. [Article 1(2)(a)]

Operative mechanism: To oversee and co-ordinate the implementation of the Agreement a Secretariat, an Advisory Committee and regular Meetings of the Parties are established.

More detailed information: http://www.ascobans.org/

1.2.2. Agreement on the Conservation of the Cetaceans of the Black sea, Mediterranean Sea and Contiguous Atlantic Area (ACCOBAMS).

Date of adoption: 24 November 1996

Place of adoption: Monaco

Entry into force: Not in force. The Agreement will enter into force on the 1st day of the 3rd month after at least 7 coastal States or regional economic integration organisations (comprising at least two from the Black Sea and at least five from the Mediterranean Sea and contiguous Atlantic area) have ratified or acceded.

Number of parties: 6

Principal objectives: The basic purpose of ACCOBAMS is to promote close co-operation in order "to achieve and maintain a favourable conservation status" for cetaceans in the Black and Mediterranean Seas and the principal measures by which this objective is to be achieved are outlined in a Conservation plan. Measures include the adoption and enforcement of legislation to give full protection to cetaceans; a requirement to assess and manage human-cetacean interactions; and to carry out research and monitoring, etc. [Article II]

ACCOBAMS is the second of two regional agreements adopted under the auspices of the 1979 Convention for the Conservation of Migratory Species of Wild Animals ("the Bonn Convention"), concerned with the conservation of cetaceans. The other is ASCOBANS.

Territorial scope: The Agreement Area is constituted by all the maritime waters of the Black Sea and the Mediterranean and their gulfs and seas, and the internal waters connected to or interconnecting these maritime waters, and of the Atlantic area contiguous to the Mediterranean Sea west of the Straits of Gibraltar. [Article I(a)]

Material scope: An Annex to the Agreement contains an "indicative list" of cetaceans in the Black Sea and Mediterranean to which the Agreement applies. The list identifies three species known to exist in the Black Sea and 18 species known to exist in the Mediterranean, including striped dolphin, which is believed to be suffering unsustainable incidental mortality from driftnets and other fishing gears in the Mediterranean, and other species which are caught incidentally in the Mediterranean. However, the Agreement is not restricted solely to these species and shall also apply to any other cetaceans "which may frequent the Agreement area accidentally or occasionally." [Article I(2)]

Operative mechanism: The organisational structure of ACCOBAMS comprises the Meeting of the Parties as the decision-making body, a Secretariat, a Scientific Committee, a Bureau - which, inter alia, is to provide general policy guidance to the other organs of ACCOBAMS and to carry out any interim activities as may be necessary - and Subregional Co-ordination Units, which are to collect and evaluate information that will further the objectives and implementation of ACCOBAMS, service meetings of the Scientific Committee and prepare a series international reviews or reports on population status and trends, gaps in scientific knowledge, important areas for cetaceans and a directory of national authorities, scientists and Non-Governmental Organisations (NGOs) concerned with cetaceans. [Articles III to VII]

More detailed information: http://www.accobams.mc/

1.3. United Nations Convention on the Law of the Sea (UNCLOS).

Date of adoption: 10 December 1982

Place of adoption: Montego Bay, Jamaica

Entry into force: 16 November 1994

Number of parties: 132 (as of 31 January 2000)

Principal objectives: The Convention attempts to lay down a comprehensive regime for almost every aspect of ocean use

Territorial scope: Global

Material scope: All fisheries

Operative mechanism: Meetings of the Parties

Note: Article 65 deals specifically with marine mammals and allows a coastal State to regulate the exploitation of marine mammals more strictly than the guidelines in this Part. States shall co-operate with a view to the conservation of marine mammals and in the case of cetaceans shall in particular work through the appropriate international organisations for their conservation, management and study. The following families are listed in Annex I Highly Migratory Species, Physeteridae, Balaenopteridae, Balaenidae, Eschrichtiidae, Monodontidae, Ziphiidae and Delphinidae.

More detailed information: http://www.un.org/Depts/los/index.htm

1.4. FAO Code of Conduct for Responsible Fisheries.

Date of adoption: 31 October 1995

Place of adoption: Twenty-eighth session of the FAO Conference, Rome, Italy

Principal objectives: The Code seeks to lay down a comprehensive set of guidelines and principles, in accordance with the relevant rules of international law, which, inter alia, promote responsible fishing and fisheries activities, taking into account all their relevant biological, technological, economic, social, environmental and commercial aspects.

Territorial scope: Global, directed to members and non-members of FAO, fishing entities, subregional, regional and global organisations, whether governmental or non-governmental, and all persons concerned with the conservation of fishery resources and management and development of fisheries, such as fishers, those engaged in processing and marketing of fish and fishery products and other users of the aquatic environment in relation to fisheries."

Material scope: The Code applies to all fisheries, as well as to the capture, processing and trade of fish and fishery products, fishing operations, aquaculture, fisheries research and the integration of fisheries into coastal area management.

Operative mechanism: The FAO is primarily responsible for overseeing the implementation and development of the Code, although it is also envisaged that the Code may be revised by FAO competent bodies as well as by states and organisations adopting parts of the Code.

More detailed information: http://www.fao.org/fi/agreem/codecond/codecon.asp

1.5. Convention on Biological Diversity (Rio Convention).

Date of adoption: 5 June 1992

Place of adoption: Rio de Janeiro, Brazil

Entry into force: 29 December 1993

Number of parties: 177

Principal objectives: To conserve biological diversity, promote the sustainable use of its components, and encourage equitable sharing of the benefits arising out of the utilisation of genetic resources. Such equitable sharing includes appropriate access to genetic resources, as well as appropriate transfer of technology, taking into account existing rights over such resources and such technology. States are required to co-operate in preserving biological diversity in areas outside of national jurisdiction. [Preamble, Articles 1 and 5]

Territorial scope: Global

Material scope: The Convention applies to all biological diversity, marine and terrestrial.

Operative mechanism: Conference of Parties, with a Secretariat, keeps under review the implementation of the Convention. [Articles 23, 24 and 25]

Note: The Convention does not deal directly with fisheries, although the relationship between fishing activities and the conservation and sustainable use of marine biodiversity is taken up within the framework of the Convention in the Jakarta Mandate, part of the Ministerial Statement on the implementation of the Convention on Biological Diversity, which lists the over-exploitation of living marine and coastal resources as one of the five most important and potential threats to marine and coastal biological diversity. The Statement reaffirms that there is a critical need for the Conference of the Parties to address the conservation and sustainable use of marine and coastal biological diversity, and urges Parties to initiate immediate action to implement the decisions adopted on the issue.

More detailed information: http://www.biodiv.org/

2. Current Pan-European Legislation

2.1. Convention on the Conservation of European Wildlife and Natural Habitats (Bern Convention).

Date of adoption: 19 September 1979

Place of adoption: Bern, Switzerland

Entry into force: 1 June 1982

Number of parties: 41

Principal objectives: The objectives of the Convention are to "conserve wild flora and fauna in their natural habitats," to promote co-operation between countries in their conservation efforts and to give "particular emphasis to endangered or vulnerable species, including endangered and vulnerable migratory species." [Article 1]. In order to achieve these objectives, the Convention requires in general that parties take measures to conserve wild flora and fauna at a level "which corresponds in particular to ecological, scientific and cultural requirements" [Article 2] and, in particular, take various measures to protect the habitats and specimens of species listed in three Appendices. [Articles 4-7]

Territorial scope: Europe. There is some uncertainty as to whether the Convention applies beyond the territorial sea: the precise scope of the Convention is not clear from the text. The better view, however, is that the Convention does apply beyond the territorial sea, at least to the extent of coastal State parties' EEZs.

Material scope: The Convention applies to large numbers of plant and animals species listed on the Appendices.

Operative mechanism: The Convention establishes a Standing Committee which monitors the provisions of the Convention in the light of development of wild flora and fauna and the assessment of its needs and is empowered to make recommendations to the Parties and amendments to the appendices, subject to the approval of the Parties.

Note: Cetacean and pinniped species included in Appendix II.

More detailed information: http://www.nature.coe.int/english/cadres/berne.htm

3. Current European Union Legislation

3.1. Council Directive on the Conservation of Natural Habitats and Natural Flora and Fauna (Habitats Directive 92/43/EEC).

Date of adoption: 21 May 1992

Place of adoption: Brussels, Belgium

Entry into force: September 1992

Number of parties: All EU members

Principal objectives: Promote the maintenance of biological diversity through the conservation of natural habitats and wild flora and fauna. The fundamental purpose of this directive is to establish a network of protected areas throughout the Community designed to maintain both the distribution and the abundance of threatened species and habitats, both terrestrial and marine. The network of Special Areas of Conservation (SAC) is called Natura 2000. Criteria for selection include priority habitats and species, as identified in the Annexes.

Territorial scope: Member states to which the treaty applies.

Material scope: The Directive applies to large numbers of plant and animals species listed on the Appendices.

Note: Tursiops truncatus and Phocoena phocoena are listed in Annex II as priority species.

More detailed information: http://europa.eu.int/comm/environment/nature/home.htm