commission for the conservation of antarctic …

/COMMISSION FOR THE CONSERVATIONOF ANTARCTIC MARINE LIVINGRESOURCES

KOMHCCHH HO COXPAHEHHD MOPCEHX¯ HB~X PECYPCOB AHTAPKTHKH

COMMISSION POUR LA CONSERVATION

DE LA FAUNE ET LA FLORE MARINES

DE L’ANTARCTIQUE

COMISION PARA LA CONSERVACION DELOS RECURSOS VIVOS MARINOSANTARTICOS

CONFERENCE ON THE CONSERVATION OFANTARCTIC MARINE LIVING RESOURCES

CANBERRA, 7 - 20 MAY, 1980

FINAL ACT

Note: The text of the Convention attached to theFinal Act contains the rectifications agreed subsequentto the Conference, but the Final Act is the unrectifiedversion agreed on 20 May, 1980.

CONFERENCE ON THE CONSERVATION OF

ANTARCTIC MARINE LIVING RESOURCES

CANBERRA, 7 - 20 MAY 1980

FINAL ACT

The Governments of Argentina, Australia, Belgium, Chile, TheFrench Republic German Democratic Republic, Germany, Federal Republicof, Japan, New Zealand, Norway, Poland, The Republic of South Africa,The Union of Soviet Socialist Republics, The United Kingdom of GreatBritain and Northern Ireland, and The United States of America;

having accepted the invitation extended to them by the Government ofAustralia to participate in a Conference on the Conservation ofAntarctic Marine Living Resources, appointed their representatives,advisers and observers who are listed below:

ARGENTINA

~gpres,entatives

His Excellency, Ambassador Angel Maria OLIVERI LOPEZDirector-General of Antarctica and Malvinas,Ministry of Foreign Affairs,Buenos Aires

Alternate Representative

His Excellency, Minister Ricardo Pedro QUADRIMinistry of Foreign Affairs,Buenos Aires

Delegates

First Secretary, Joaquin Daniel OTEROMinistry of Foreign Affairs,Buenos Aires

Third Secretary, Bernardo FERNANDEZ DA SILVAMinistry of Foreign Affairs,Buenos Aires

Advisers

Air General (R) Cesar Miguel COMESNational Director of Antarctic,Ministry of Defence,Buenos Aires

Rear Admiral (R) Alberto Oscar CASELLASSecretary of Marine Affairs~Buenos Aires

Rear Admiral (R) Cesar A. CASTAGNA

Navy General Headquarters,

Buenos Aires

Lieutenant Colone! Julio V. FUSCALDOAntarctic Department,Army General Headquarters,Buenos Aires

Vice-Commodore (R) Oscar CAMPOSNational Directorate of Antarctic,Ministry of Defence,Buenos Aires

Dr Eduardo Robustiano MARENCOMinistry of Defence,Buenos Aires

~ecretary

Miss Celia Margarita CHACONMinistry of Foreign AffairsBuenos Aires

AUSTRALIA

Representative

Mr J.E. RYAN, OBEDeputy Secretary,Department of Foreign Affairs

and subsequently

His Excellency Mr K.G. BRENNAN, AOAustralian Ambassador to Switzerland

Alternate Representatives

Mr G.A. BRENNANAssistant Legal Adviser,Department of Foreign Affairs

Mr M oJo McKEOWN,International Legal Branch,Department of Foreign Affairs

Mr J. CARLSONOil and Gas Division,Department of National Development and Energy

Mr C.G McCUEActing DirectorAntarctic Division,.Deparzment of Science and the Environment

Mr H. JITTSMarine Science Branch,Department of Science and the Environment

Mr H. BURMESTERPrincipal Legal Officer,Attorney-General’ s Department

Dr K.R. KERRYAntarctic Division,Department of Science and the Environment

Mr B.J. WALKERPolicy DivisionDepartment of Science and the Environment

Mr M. STURMANPolicy BranchFisheries DivisionDepartment of Primary Industry

Mr A. CATONActing DirectorResource Management SectionDepartment of Primary Industry

Mr J. BAILEYEconomic DivisionDepartment of Foreign Affairs

Dr G. BAINESAustralian National Parks & Wildlife Service

Mr G. KAZSEducation and Science BranchDepartment of Finance

Mr N. BRIDGERGovernment and Legal BranchDepartment of the Prime Minister and Cabinet

Mr D.C. McEWANPolicy DivisionDepartment of Science and the Environment

Mr D.J. MASONLegal and Treaties DivisionDepartment of Foreign Affairs

Parliamen.ta.ry Advisers

Senator J. KNIGHTSenator K.W. SIBRAAMr M. BAILLIEU, MPMr Ro JACOBI t MP

Advisers

Mr A.J. HARRISONChairman of the Commonwealth/States Standing Committee on Fisheries

Mr M. KENNEDYRepresentative of the Australian Conservation

Foundation and Friends of the Earth

BE LGI UM

Representative

Professor A. van der ESSENMinister,Ministry of Foreign Affairs


Mr M.J. COUVREURFirst Secretary,Belgian Embassy,Canberra

CHILE

Re___presentative

His Excellency Sr Nicolas NOVOAAmbassador on Special Mission,Santiago

Alternate Re_~presentatives

His Excellency Sr Jorge VALDOVINOSAmbassador,Embassy of the Republic of Chile,Canberra

De!eg.ate s

Sr Juan FONTECILLAHead of the Antarctic Department,Directorate of State Boundaries and Limits,Ministry of Foreign Relations,Santiago

Sr Carlos CROHAREHead of Antarctic Division,Directorate of Special Politics,Ministry of Foreign Relations,Santiago

Sr Celso MORENOCounsellor,Embassy of the Republic of Chile,Canberra

Advisers

Sr Roberto CABEZASDirector, Institute of Fisheries Development,Economic Ministry,Santiago

FRANCE

Representative

Mr R@my’ TEISSIER du CROSMinistry Plenipotentiary

Delegation

Mr Daniel FIERYDeputy Director,Maritime Fisheries,Ministry of Transport

Miss Josianne COURATIERSecretary of Foreign Affairs,Legal Affairs Division,Ministry of Foreign Affairs

Mr Gerard BOIVINEAUSecond Secretary,Embassy of France,Canberra

Adviser

Mr Jean Paul BLOCHDirector of Research,Secretariat of State of OverseasDepartments and Territories

GERMAN DEMOCRATIC REPUBLIC

Representative

His Excellency Dr Gerhard LINDNERAmbassador Extraordinary and Plenipotentiary ofGerman Democratic Republic to Australia


Dr R. POSERFirst Secretary,Embassy of the German Democratic RepublicCanberra

Dr W. RANKEMinistry of Regionally Administrated and Foodstuff Industries

.GERMANY, FEDERAL REPUBLIC OF

Representative

Dr Heinz W. DITTMANNAmbassador Extraordinary and Plenipotentiary of theFederal Republic of Germany to Chile

A__!ternate Representatives

Mr Norbert KLEESCHULTECounsellor,Federal Ministry of Agriculture and Forestry,Bonn

Dr ARNOLDCounsellor,Federal Ministry for Research and Technology,Bonn

Mr Ingo RADCKEFirst Secretary,Embassy of the Federal Republic of Germany,Canberra

Mrs Hubertine STEINHAUSENAssistant Attache,Embassy of the Federal Republic of Germany,Canberra

JAPAN

Representative

His Excellency Mr Mizuo KURODAAmbassador Extraordinary and Plenipotentiary of Japanto Australia


Mr Chusei YAMADADeputy Director-General,Treaties Bureau,Ministry of Foreign Affairs

Mr Takashi TAJIMACounsellor (Political)Embassy of Japan

Mr Fiji KUSANOCounsellor (Agriculture, Forestry and Fisheries)Embassy of Japan

Advisers

Mr Tokuya KIKUCHIAssistant Director,International Affairs Division,Oceanic Fishery Department,Fishery Agency

Mr Keitaro SATOFirst Secretary,Embassy of Japan

Mr Jun YOKOTADeputy Director,International Conventions Division,Treaties Bureau,Ministry of Foreign Affairs

Mr Kunio SHIMIZUDeputy Director,Fishery Division,Economic Affairs Bureau,Ministry of Foreign Affairs

Mr Seigi HINATAFirst SecretaryEmbassy of Japan

NEW ZEALAND

Representative

Mr W.R. MANSFIELD,Head, Legal Division,Ministry of Foreign Affairs,Wellington


Mr A.E. MATHESONFirst Secretary,New Zealand High Commission

NORWAY

Representative

His Excellency Mr Torleiv ANDAAmbassador

Alternate Representativ_~e

Mr H.O. OESTGAARDHead of Division,Department of Polar Affairs,Ministry of Justice and Police

POLAND

Representative

His Excellency Mr Ryszard FRACKIEWICZAmbassador Extraordinary and Plenipotentiary of thePolish People’s Republic in Australia

~!ternate Representative

Mr Janusz MICKIEWICZDirector of the Legal and Treaties Department,Ministry for Foreign Affairs,Warsaw

~elegates

Mr Jan PIECHURA Ph.D.Deputy Director,Sea Fisheries Institute,Gdynia

Mr Marek ZELAZKOLegal AdviserrMinistry for Foreign Trade and Marine Economy,Warsaw

SOUTH AFRICA

.Representative

Mr P.F. THERONSecretary for Industries,Pretoria


Mr P.D. OELOFSENSenior Law Adviser,Department of Foreign Affairs and Information,Pretoria

Mr T.F. WHEELERUnder-Secretary,Department of Foreign Affairs and InformationPretoria

Mr G.H. STANDERDirector of Seafisheries,Department of Agriculture and Fisheries,Cape Town

Mr H.F. VAN ZYLThird Secretary,South African Embassy,Canberra

U.S.S.R.

Representative

Dr Y.M. RYBAKOVHead of Treaties and Legal Department,Ministry of Foreign Affairs


Dr V.V. GOLITSINHead of Division of Public International Law,Treaties and Legal Department,Ministry of Foreign Affairs

Dr ToGo LUBIMOVAAll Union Scientific Institute on Fishery

and Oceanographic ResearchMinistry of Fisheries

Dr V.K. ZILANOVDeputy Head of Foreign Relations Department,Ministry of Fisheries

Adviser

L.A. RAINACounsellor,Embassy of the U.S.SoR°Canberra

Secretar~

Miss Ludmila p. PICHUGINALegal and Treaty Department,Ministry of Foreign Affairs

UNITED KINGDOM

R_~pr esentative

Sir Donald LOGAN K.C.M.G.Foreign and Commonwealth OfficeLondon


Dr John A. HEAPHead,Polar Regions Section,Foreign and Commonwealth Office,London

Mr David EDWARDSLegal Adviser,Foreign and Commonwealth Office,London

UNITED STATES

R_9_presentative

Morris D. BUSBYActing Deputy Assistant Secretary forOceans and Fisheries Affairs,

Department of State


R. TUCKER SCULLYActing Director,Office of Oceans and Polar Affairs,Department of State

Carmen J. BLONDINDirector,Office of International Fisheries Affairs,National Marine Fisheries Service,National Oceanic and Atmospheric Administration,Department of Commerce

David COLSONOffice of the Legal AdviserDepartment of State ~

I0

Advisers

Joseph E. BENNETTDivision of Polar Programs,National Science Foundation

Robert J. HOFMANScientific Program Director,Marine Mammal Commission

Alan F. RYANForeign Affairs Officer,Office of International Fisheries Affairs,National Marine and Fisheries Service,National Oceanic and Atmospheric Administration,Department of Commerce

Private Sector Advisers

James N. BARNESCenter for Law and Social Policy,Washington, D.C.

Katherine GREEN HAMMONDEcosystem Modeling and Simulation,E1 Paso, Texas

The following international organisations were invited by theGovernment of Australia to participate as observers in the Conferenceand appointed their delegations as follows:-

EUROPEAN COMMUNITIES

Representatives

Mr Mo MARCUSSEN

Head of Division,

Commission of the European Communities

Professor J.H.J. BOURGEOISLegal Adviser,Commission of the European Communities

Advisers

R_~_presentatives of the members of the Council of the Euro e~Communities

Mr T.M. KASTEELActing Representative of the Presidency of the Council of

the European Communities,Counsellor

Mr M. GORMSENFirst Secretary

General Secretariat of the Council of the European Communities

Professor Daniel VIGNESDirector, Legal Service

Mr Erik STEINPrincipal Administrator,Directorate General of External Relations

Mrs M. GILOT-KOEHLERSecretary

FOOD AND AGRICULTURE ORGANISATION

Mr Michel SAVINIRegional Fisheries Law Adviser,Fisheries Department

INTER-GOVERNMENTAL OCEANOGRAPHIC COMMISSION

Mr R.C. GRIFFITHSAssistant Secretary

INTERNATIONAL UNION FOR THE CONSERVATION OF NATURE ANDNATURAL RESOURCES

Mr Robert BOOTEVice-President and Regional Councillor

Dr D.F. McMICHAELTreasurer and Regional Councillor

INTERNATIONAL WHALING COMMISSION

Professor J.D. OVINGTONAustralian Commissioner to the I.W.C.

SCIENTIFIC COMMITTEE ON ANTARCTIC RESEARCH

Dr David TRANTERCSIRODivision of Fisheries and Oceanography

SCIENTIFIC COMMITTEE ONOCEANIC RESEARCH

Dr G. HUMPHReyUniversity of Sydney

12

The Conference met at Canberra on 7 May 1980 under theChairmanship of Mr J.E. Ryan, Representative of the delegation ofAustralia. The Secretary-General was Mr R.H. Wyndham.

A Drafting Committee established under the Rules of Procedureof the Conference was constituted as follows:

Mr David EDWARDS, United Kingdom (Chairman)His Excellency, Minister Ricardo Pedro QUADRI, ArgentinaSenor Joaquin Daniel OTERO, ArgentinaMr John BAILEY, AustraliaSenor Juan FONTECILLA, ChileSenor Celso MORENO, ChileMiss Josiane COURATIER, Fr&nceMr Gerard BOIVINEAU, FranceMr Jun YOKOTA, JapanMr P.D. OELOFSEN, South AfricaDr V.V. GOLITSIN, U.S.S.RoMr David COLSON, U.S.A.

The Final Session was held on 20 May 1980. As a result ofits deliberations the Conference has established and drawn up forsignature a "Convention of the Conservation of Antarctic MarineLiving Resources" the text of which is annexed hereto.

13

The Conference also decided to include in the Final Act thetext of the following statement made by the Chairman on 19 May 1980regarding the application of the Convention on the Conservation ofAntarctic Marine Living Resources to the waters adjacent to Kerguelenand Crozet over which France has jurisdiction and to waters adjacent toother islands within the area to which this Convention applies over whichthe existence of State sovereignty is recognized by all ContractingParties.

Measures for the conservation of Antarctic marine livingresources of the waters adjacent to Kerguelen and Crozet,over which France has jurisdiction, adopted by Franceprior to the entry into force of the Convention, wouldremain in force after the entry into force of the Conventionuntil modified by France acting within the framework ofthe Commission or otherwise.

After the Convention has come into force, each time theCommission should undertake examination of the conservationneeds of the marine living resources of the general areain which the waters adjacent to Kerguelen and Crozetare to be found, it would be open to France either to agreethat the waters in question should be included in the areaof application of any specific conservation measure underconsideration or to indicate that they should be excluded.In the latter event, the Commission would not proceed tothe adoption of the specific conservation measure in aform applicable to the waters in question unless Franceremoved its objection to it. France could also adopt suchnational measures as it might deem appropriate for thewaters in question.

o Accordingly, when specific conservation measures areconsidered within the framework of the Commission andwith the participation of France, then:

(a) France would be bound by any conservationmeasures adopted by consensus with itsparticipation for the duration of thosemeasures. This would not prevent France frompromulgating national measures that were morestrict than the Commission’s measures or whichdealt with other matters;

(b) In the absence of consensus, France could promulgateany national measures which it might deem appropriate.

Conservation measures, whether national measures or measuresadopted by the Commission, in respect of the waters adjacentto Kerguelen and Crozet, would be enforced by France.

Thesystem of observation and inspection foreseen by theConvention would not be implemented in the waters adjacentto Kerguelen and Crozet except as agreed by France and in themanner so agreed.

The understandings, set forth in paragraphs I-4 above,regarding the application of the Convention to watersadjacent to the Islands of Kerguelen and Crozett alsoapply to waters adjacent to the islands within the area

to which this Convention applies over which the existenceof State sovereignty is recognized by all Contracting Parties."

No objection to the statement was made.

II

The Conference on the Conservation of Antarctic Marine Living Resources,

Noting that a definitive regime for the conservation of Antarcticmarine living resources has been elaborated, and desiring to have thatregime enter into force as quickly as possible;

Recognizing that harvesting of Antarctic marine living resources ispresently taking place and underlining the importance of theobjectives of the Convention on the Conservation of Antarctic MarineLiving Resources;

Recognizing the need to identify, emphasize and co-operate in carryingout research activities that will facilitate the effective operationof the Convention;

Desiring further to facilitate the implementation of the Convention byemphasizing and co-ordinating the collection of scientific and fisheriesdata needed for the Scientific Committee to be constituted under theterms of the Convention to begin effective work upon entry into forceof the Convention;

Calls upon the Parties entitled to becqme Members of the Commission

To take all possible steps to bring the Convention on theConservation of Antarctic Marine Living Resources intoforce as soon as possible;

2o To show the greatest possible care and concern, bearing inmind the principles and objectives of Article II of theConvention, in any harvesting of Antarctic marine living resourcesin the period prior to entry into force of the Convention andexamination of the status of stocks by the Scientific Committeeto be established by the Convention on the Conservation ofAntarctic Marine Living Resources;

To the greatest extent practicable and feasible to co-operatebroadly and comprehensively in the continued developmentof the scientific and fisheries data necessary for theeffective operation of the Convention on the Conservationof Antarctic Marine Living Resources, and to this end:

(a) to intensify research related to Antarctic marineliving resources;

(b) to identify the specific scientific and fisheriesdata needed and how those data should be collectedand recorded to facilitate the work of the Scientific

15

(c)

Committee to be established by the Convention; and

to compile scientific and fisheries data identified pursuantto sub-paragraph (b) above in order to distribute thosedata to the Contracting Parties upon~entry into force ofthe Convention on the Conservation of Antarctic MarineLiving Resources.

III

The Conference on the Convention for the Conservation of AntarcticMarine Living Resources,

Having agreed on a text of a Convention whichwould establish a Commission and ScientificCommittee for the Conservation of AntarcticMarine Living Resources and an ExecutiveSecretariat;

Recognising the need to examine working methodsfor the Executive Secretary and Secretariat sothat they may begin their work as soon as possibleafter entry into force of the Convention;

Takes note of the intention of the Depositary to convene a meeting ofrepresentatives of Parties entitled to become Members of the Commissionwithin one year after expiration of the period during which the Conventionis open for signature for the purpose of considering steps which mightbe taken to facilitate the early operation of the Commission,Scientific Committee and Executive Secretariat when these bodies areestablished.

IV

The Conference on the Conservation of Antarctic Marine Living Resourcesresolves:

i. to express its gratitude to the Australian Government forits initiative in convening the present Conference andfor its preparation;

2. to express to its Chairman, Mr J.E. Ryan, its deepappreciation for the admirable manner in which he hasguided the Conference;

to express to the officers and staff of the Secretariatits appreciation for their untiring efforts incontributing to the attainment of the objectives ofthe Conference.

16

V


That the Government of Australia be authorised to publish the FinalAct of this Conference and the text of the Convention annexed hereto.

vI


To express its deep appreciation to the Australian Government for itsoffer to provide a site for the Headquarters of the Commission to beestablished under the Convention.

Done at Canberra, this Twentieth Day of May 1980, in a single originalcopy to be deposited in the archives of the Government of Australiawhich will transmit a certified copy thereof to all the otherParticipants in the Conference.

In witness whereof, the following representatives have signed thisFinal Act.

17

CONVE~TION ON THE CONSERVATION OF

ANTARCTIC }iARINE LIVING RESOURCES

The Contracting Parties,

RECOGNISING the importance of safeguarding theenvironment and protecting the integrity of the ecosystemof the seas surrounding Antarctica;

NOTING the concentration of marine living resourcesfound in Antarctic waters and the increased interest in thepossibilities offered by the utilization of these resourcesas a source of protein;

CONSCIOUS of the urgency of ensuring the conser-vation of Antarctic marine livinz resources;

CONSIDERING that it is essential to increaseknowledge of the Antarctic marine ecosystem and its componentsso as to be able to base decisions on harvesting on soundscientific ~nformation~

BELIEVING that the conservation of Antarctic marineliving resources calls for international co-operation withdue regard for the provisions of the Antarctic Treaty andwith the active involvement of all States engaged in researchor harvesting activities in Antarctic waters~

RECOGNISING the prime responsibilities of theAntarctic Treaty Consultative Parties for the protection andpreservation of the Antarctic environment and, in particular~their responsibilities under Article IX~ paragraph 1 (f) ofthe Antarctic Treaty in respect of the preservation and con-servation of living resources in Antarctica;

RECALLING the action already taken by the AntarcticTreaty Consultative Parties including in particular theAgreed Measures for the Conservation of Antarctic Fauna andFlora~ as well as the provisions of the Convention for theConservation of Antarctic Seals~

BEARING in mind the concern regarding the conser-vation of Antarctic marine livin~ resources expressed by theConsultative Parties at the Ninth Consultative Meeting ofthe Antarctic Treaty and the importance of the provisions ofReco~nendation IX-2 which led to the establishment of thepresent Convention;

BELIEVING that it is in the interest of all mankindto preserve the waters surrounding the Antarctic continentfor peaceful purposes only and to prevent their becoming thescene or object of international discord~

N~COGNISING~ in the light of the foregoing~ thatit is desirable to establish suitable machinery for reco-mmending~ promoting~ deciding upon and co-ordinatinz the

9

measures and scientific studies needed to ensure the con-servation of Antarctic ~:!arine livin 8 organ±sms~

IL&VE AGP~i",D as follows:

o

o

ARTICLE I

Th~s Convention applies to the Antarctic narineliving resources of the area south of 60 ° Southlatitude and to the Antarctic marine livingresources of the area between that latitudeand the Antarctic Convergence which form partof the Antarctic msrine ecosystem.

Antarctic marine livin? resources means thepostulations of fin fish, molluscs, crustaceansand all other species of living organisms~including birds, found south of the AntarcticConvergence.

The Antarctic marine ecosystem means the complexof relationships of Antarctic marine living re-sources with each other and with their physicalenviroc~ento

The Antarctic Convergence shall be deemed tobe a line joining the following points alongparallels of latitude and meridians of longitude:

50°S, 0°. 50°S 30°E . 45°S 30°E . 45°S S0°E .

55°S~ 80°E; 55°S~ 150°E; 60°S~ 150°E; 60°S~ 50°W~

50°S, 50°W~ 50°S~ 0°o

ARTICLE II

o

The objective of this Convention is the conser-vation of Antarctic ~arine living resources°

For the purposes of this Convention~ the ter~n"conservation ’~ includes rational use°

Any harvesting and associated activities in thearea to which this Convention applies shall beconducted in accordance with the provisions ofthis Convention and with the following principlesof conservation:

(a) prevention of decrease in the size of anyharvested population to levels below thosewhich ensure its stable recruitment° Forthis purpose its size should not be allowedto fall below a level close to that whichensures theo~reatest net annual increment~

(b)

(c)

maintenance of the ecological relation-ships between harvested, dependent andrelated populations of Antarctic marineliving resources and the restoration ofdepleted populations to the levels definedin sub-paragraph (a) above~

and

prevention of changes or minimization ofthe risk of changes in the marine eco-system which are not potentially reversibleover two or three decades, taking into

’account the state of available knowledgeof the direct and indirect impact ofharvesting, the effect of the introductionof alien species, the effects of associatedactivities on the marine ecosystem and ofthe effects of environmental changes, withthe aim of making possible the sustainedconservation of Antarctic marine livingresources°

ARTICLE Iii

The Contracting Parties° whether or not ~hey are Parties tothe Antarctic Treaty, agree that they will not engage inany activities in the Antarctic Treaty area contrary tothe principles and purposes of that Treaty and that, intheir relations with each other, they are bound by theobligations contained in Articles I and V of the AntarcticTreaty°

ARTICLE IV

With respect to the Antarctic Treaty area~ allContracting Parties~ whether or not they areParties to the Antarctic Treaty, are bound byArticles IV and VI of the Antarctic Treaty intheir relations with each other°

Nothing in this and no acts oractivities taking place while the presentConvention is in force sha!l:

(a) constitute a basis for asserting,supporting or a claim toterritorial sovereignty in theAntarctic Treaty area or create anyrights of in theAntarctic Treaty area~

o

(b)

(c)

(d)

be interpreted as a renunciation ordiminution by any Contracting Partyof, or as prejudicing, any right orclaim or basis of claim to exercisecoastal state jurisdiction underinternational law within the areato which this Convention applies;

be interpreted as prejudicing theposition of any Contracting Partyas regards its recognition or non-recognition of any such right, claimor basis of claim;

affect the provision of Article IV,paragraph 2, of the Antarctic Treatythat no new claim~ or enlargement ofan existing claim, to territorialsovereignty in Antarctica shall beasserted while the Antarctic Treatyis in force°

o

ARTICLE V

The Contracting Parties which are not Parties tothe Antarctic Treaty acknowledge the special ob-ligations and responsibilities of the AntarcticTreaty Consultative Parties for the protectionand preservation of the environment of the An-tarctic Treaty area°

The Contracting Parties which are not Parties tothe Antarctic Treaty agree that, in their activitiesin the Antarctic Treaty area~ they will observe asand when appropriate the Agreed Measures for theConservation of Antarctic Fauna and Flora andsuch other measures as have been reco~r~nendedby the Antarctic Treaty Consultative Partiesin fulfilment of ibility for theprotection of the Antarctic environment fromall forms of ha~:m~ful human interference°

For the purposes of this Convention~ ~’AntarcticTreaty Consultative Parties ~ means the ContractingParties to the Antarctic Treaty whose Represen-tatives participate in meetings under ArticleIX of the Antarctic Treaty°

ARTICLE VI

Nothing in this Convention shall derogate from the rightsand obligations of Parties the InternationalConvention for the Regulation of >~haling and the Conventionfor the Conservation of Seals°

ARTICLE VII

The Contracting Parties hereby establish andagree to maintain the Commission for the Con-servation of Antarctic Marine Living Resources(hereinafter referred to as "the Commission").

Membership in the Commission shall be as follows:

(a)

(b)

(c)

each Contracting Partv which participatedin the meeting at which this Conventionwas adopted shall be a Member of the Commission;

each State Partv which has acceded to thisConvention pursuant to Article XXIX shallbe entitled to be a Member of the Commissionduring such time as that acceding Party isengaged in research or harvesting activitiesin relation to the marine living resourcesto which this Convention applies;

each regional economic integration organ-ization which has acceded to this Conventionpursuant to Article Y~IX shall be entitledto be a Member of the Commission during suchtime as its States members are so entitled;

(d) a Contracting Party seeking to participatein the work of the Commission pursuant tosub-paragraphs (b) and (c) above shal! notifythe Depositary of the basis upon which itseeks to become a Member of the Commissionand of its willingness to accept conservationmeasures in force° The Depositary shallcommunicate to each Member of the Commissionsuch notification and accompanying information°Within two months of receipt of such communica-tion from the Depositary, any Member of theCommission may request that a special meetingof the Commission be held to consider thematter. Upon receipt of such request, theDepositary shall ca!l such a meeting. Ifthere is no request for a meeting, theContracting Party submitting the notificationshall be deemed to have satisfied the require-ments for Commission Membership°

Each Member of the Commission shall be representedby one representative who may be accompanied byalternate representatives and advisers°

ARTICLE VII!

The Commission shall have legal personality and shall enjoyin the territory of each of the States Parties such legalcapacity as may be necessary to perform its function and

o

achieve the purposes of this Convention. The privilegesand immunities to be enjoyed by the Commission and itsstaff in the territory of a State Party shall be determinedby agreement between the Commission and the State Partyconcerned.

ARTICLE IX

The function of the Com~nission shall be to giveeffect to the objective and principles set outin Article II of this Convention. To this end,it shall:

(a)

(b)

(c)

(d)

facilitate research into and comprehensivestudies of Antarctic marine living resourcesand of the Antarctic marine ecosystem;

compile data on the status of and changesin population of Antarctic marine livingresources and on factors affecting thedistribution, abundance and productivityof harvested species and dependent orrelated species or populations;

ensure the acquisition of catch and effortstatistics on harvested populations;

analyse, disseminate and publish theinformation referred to in sub-paragraphs(b) and (c) above and the reports of theScientific Committee;

(e)

(f)

(g)

identify conservation needs and analysethe effectiveness of conservation measures;

formulate, adopt and revise conservationmeasures on the basis of the best scien-tific evidence available, subject to theprovisions of paragraph 5 of this Article;

implement the system of observation andinspection established under ArticleXXIV of this Convention;

(h) carry out such other activities as arenecessary to fulfil the objective ofthis Convention~.

o The conservation measures referred to in paragraph1 (f) above include the following:

(a) the designation of the quantity of anyspecies which may be harvested in thearea to which this Convention applies;

o

(b)

(c)

(d)

(e)

the designation of regions and sub-regionsbased on the distribution of population~of Antarctic marine living resources;

the designation of the quantity which maybe harvested from the populations ofregions and sub-regions;

the designation of protected species;

the designation of the size, age and,as appropriate, sex of species whichmay be harvested;

(f)

(g)

(h)

(i)

the designation of open and closedseasons for harvesting;

the designation of the opening andclosing of areas, regions or sub-regionsfor purposes of scientific study orconservation, including special areasfor protection and scientific study;

regulation of the effort employed andmethods of harvesting, including fishinggear, with a view, inter alia, to avoidingundue concentration of harvesting in anyregion or sub-region;

the taking of such other conservationmeasures as the Commission considersnecessary for the fulfilment of theobjective of this Convention, includingmeasures concerning the effects ofharvesting and associated activitieson components of the marine ecosystemother than the harvested populations°

The Commission shall publish and maintain a recordof all conservation measures in force°

In exercising its functions under paragraph 1 above,the Commission shall take full account of the reco-mmendations and advice of the Scientific Committee.

The Commission shall take full account of any relevantmeasures or regulations established or recommendedby the Consultative Meetings pursuant to Article IXof the Antarctic Treaty or by existing fisheriescommissions responsible for species which may enter thearea to which this Convention applies, in order thatthere shall be no inconsistency between the rightsand obligations of a Contracting Party under suchregulations or measures and conservation measureswhich may be adopted by the Commission°

o

Conservation measures adopted by the Co~nission inaccordance with this Convention shall be implementedby Members of the Commission in the following manner:

(a) the Co~n±ssion shall notify conservationmeasures to all Members of the Commission;

(b) conservation measures shall become binding uponall Members of the Commission 180 days aftersuch notification, except as provided insub-paragraphs (c) and (d) below;

(c) if a M~nber of the Commission, withinninety days following the notificationspecified in sub-paragraph (a), notifiesthe Commission that it is unable to acceptthe conservation measurer in whole or inpart, the measure shall not, to the extentstated, be binding upon that Member of theC~nmission;

(d) in the event that any Member of theColmnission invokes the procedure set forthin sub-paragraph (c) above, the Commissionshall meet at the request of any Member ofthe Commission to review the conservationmeasure. At the time of such meeting andwithin thirty days following the meeting,any Member of the Conanission shall have theright to declare that it is no longer ableto accept the conservation measure, in whichcase theMember shall no longer be bound bysuch measure ~

ARTICLE X

The Commission shall draw the attention of anyState which is not a Party to this Convention toany activity undertaken by its nationals or vesselswhich, in the opinion of the Commission, affectsthe implementation of the objective of thisConvention~

The Commission shall draw the attention of allContracting Parties to any activity whichf inthe opinion of the Commission, affects theimplementation by a Contracting Party of theobjective of this Convention or the complianceby that Contracting Party with its obligationsunder this Convention.

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ARTICLE XI

The Commission shall seek to co-operate with ContractingParties which may exercise jurisdiction in marine areasadjacent to the area to which this Convention applies inrespect of the conservation of any stock or stocks ofassociated species which occur both within those areasand the area to which this Convention applies, with aview to harmonizing the conservation measures adoptedin respect of such stocks.

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ARTICLE XII

Decisions of the Commission on matters of substanceshall be taken by consensus~ The question ofwhether a ~natter is one of substance shall betreated as a matter of substance.~

Decisions on matters other than those referredto in paragraph 1 above shall be taken by asimple majority of the Members of the Commissionpresent and voting°,

In Commission consideration of any item requiringa decision, it shall be made clear whether aregional economic integration organizationwill participate in the taking of the decisionand, if so, whether any of its member Stateswill also participate.. The number of ContractingParties so participating shall not exceed thenumber of member States of the regional economicintegration organization which are Members of theCommission°

In the taking of decisions pursuant to thisArticle, a regiona! economic integration organ-ization shall have only one vote~

ARTICLE XIII

The headquarters of the Commission shall be establishedat Hobart~ Tasmania, Australia°

The Commission shall hold a regular annual meeting.Other meetings shall also be held at the requestof one-third of its members and as otherwiseprovided in this Convention. The first meeting ofthe Commission shall be held within three monthsof the entry into force of this Convention, providedthat among the Contracting Parties there are at leasttwo States conducting harvesting activities within

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the area to which this Convention applies.~The first meeting shal!, in any event, be heldwithin one year of the entry into force of thisConvention~ The Depositary shall consult withthe signatory States regarding the firstCommission meeting, taking into account that abroad representation of such States is necessaryfor the effective operation of the Cormnission.

The Depositary shall convene the first meetingof the Commission at the headquarters of theCommission. Thereafter, meetings of theCommission shall be held at its headquarters,,unless it decides otherwise° ~ ....

The Commission shall elect from among its membersa Chairman and Vice-Chairman, each of whom shallserve for a term of two vears and shall be eligiblefor re-election for one hdditional termo Thefirst Chairman shall, however, be elected foran initial term of three years° The Chairmanand Vice-Chairman shall not be representativesof the same Contracting Party.

The Commission shall adopt and amend as necessarythe rules of procedure for the conduct of itsmeetings, except with respect to the mattersdealt with in Article XII of this Convention°

The Commission may establish such subsidiarybodies as are necessary for the performance ofits functions°

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ARTICLE XIV

The Contracting Parties hereby establish theScientific Committee for the Conservation ofAntarctic Marine Living Resources (hereinafterreferred to as ~’the Scientific Committee ~’) whichshall be a consultative body to the Commission~The Scientific Committee shall normally meetat the headquarters of the Commission unlessthe Scientific Committee decides otherwise°

Each Member of the Commission shall be amember of the Scientific Committee and shallappoint a representative with suitable scien-tific qualifications who may be accompaniedby other experts and advisers°

The Scientific Committee may seek the adviceof other scientists and experts as may berequired on an ad hoc basis°

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ARTICLE XV

The Scientific Committee shall provide a forum forconsultation and co-operation concerning the collection,study and exchange of information with respect tothe marine living resources to which this Conventionapplies. It shall encourage and promote co-operationin the field of scientific research in order to ex-tend knowledge of the marine living resources ofthe Antarctic marine ecosystemo~

The Scientific Committee shall conduct such activitiesas the Commission may direct in pursuance of theobjective of this Convention and shall:

(a)

(b)

(c)

(e)

(f)

establish criteria and methods to be usedfor determination& concerning the conser-vation measures referred to in Article IXof this Convention;

regularly assess the status and trends ofthe populations of Antarctic marine livingresources;

analyse data concerning the direct andindirect effects of harvesting on thepopulations of Antarctic marine livingresources;

assess the effects of proposed changesin the methods or levels of harvesting andproposed conservation measures;

transmit assessments, analyses, reportsand recommendations to the Commission asrequested or on its own initiative re-garding measures and research to implementthe objective of this Convention;

formulate proposals for the conduct ofinternational and national programs ofresearch into Antarctic marine livingresources ~

In carrying out its functions, the ScientificCommittee shall have regard to the work of otherrelevant technical and scientific organizationsand to the scientific activities conductedwithin the framework of the Antarctic Treaty.

ARTICLE XVI

The first meeting of the Scientific Committeeshall be held within three months of the firstmeeting of the Co~m~issiono The ScientificCommittee shall meet thereafter as often asmay be necessary to fulfil its functions°

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The Scientific Committee shall adopt and amendas necessary its rules of procedure° The rulesand any amendments thereto shall be approvedby the Commission° The rules shall includeprocedures for the presentation of minorityreports.

The Scientific Committee may establish~ withthe approval’of the Commission, such subsidiarybodies as are necessary for the performance ofits functions°

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ARTICLE XVII

The Commission shall appoint an ExecutiveSecretary to serve the Commission and ScientificCommittee according to such procedures and onsuch terms andconditions as the Commissionmay determine. His term of office shall be forfour years and ~he shal! be eligible for. re-appointment°

The Commission shall authorize such staff estab-lishment for the Secretariat as may be necessaryand the Executive Secretary shall appoint~ directand supervise such staff according to such rules~ ......and procedures and on such te~s and conditionsas the Commission may detemnineo

The Executive Secretary and Secretariat shallperform the functions entrusted to them bythe Commission°

ARTICLE XVIII

The official languages of the Commission and of theScientific Committee shall be English~ French~ Russianand Spanish°

ARTICLE XiX

At each annual meeting, the Con~nission shalladopt by consensus its budget and the budgetof the Scientific Co~itteeo

A draft budget for the CommiSsion and theScientific Co~nittee and any subsidiary bodiesshall be prepared by the Executive Secretaryand submitted to the Members of the Commissionat least si~ty the annual meetingof the Conn~issiOno

13.

Each Member of the Commission shall contributeto the budget. Until the expiration of five yearsafter the entry into force of this Convention,the contribution of each Member of the Commissionshall be equal. Thereafter the contribution shallbe determined in accordance with two criteriai theamount harvested and an equal sharing among allMembers of the Commission. The Commission shalldetermine by consensus the proportion in whichthese two criteria shall apply.

The financial activities of the Commissionand Scientific Committee shall be conductedin accordance with financial regulations adoptedby the Commission and shall be subject to anannual audit by external auditors selected bythe Commission~

Each Member of the Commission shall meet itsown expenses arising from attendance at meetingsof the Commission and of the Scientific Committee.

A Member of the Commission that fails to pay itscontributions for two consecutive years shall not,during the period of its default, have the rightto participate in the taking of decisions in theCommission¯

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ARTICLE

The Members of the Commission shall, to thegreatest extent possible, provide annually to theCommission and to the Scientific Committee suchstatistical, biological and other data and informationas the Commission and Scientific Committee may requirein the exercise of their functions°

The Members of the Commission shall provide,in the manner and at such fhtervals as may be pre-scribed, information about their harvesting activities,including fishing areas and vessels, so as to enablereliable catch and effort statistics to be compiled..

The Members of the Commission shall provide to theCommission at such intervals as may be prescribedinformation on steps taken to implement the con-servation measures adopted by the Commission.~

The Members of the Commission agree that in any oftheir harvesting activities, advantage shall betaken of opportunities to collect data needed toassess the impact of harvesting°

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ARTICLE XXI

Each Contrscting Party shall take appropriatemeasures within its competence to ensure compliancewith the provisions of this Convention and withconservation measures adopted by the Commissionto which the Party is bound in accordance withArticle IX of this Convention.

Each Contracting Party shall transmit to theCommission information on measures taken pursuantto paragraph 1 above, including the impositionof sanctions for any violation.

ARTICLE XXII

Each Contracting Party undertakes to exert appro-priate efforts, consistent with the Charter ofthe United Nations, to the end that no one engagesin any activity contrary to the objective of thisConvention~

Each Contracting Party shall notify the Commissionof any such activity which comes to its attention.

ARTICLE XXIII

The Commission and the Scientific Committee shallco-operate with the Antarctic Treaty ConsultativeParties on matters falling within the competenceof the latter~o

The Commission and the Scientific Committee shallco-operate, as appropriate, wit~ the Food andAgriculture 0rganisation of the United Nations andwith other Specialised Agencies.

The Commission and the Scientific Committee shallseek to develop co-operative working relationships,as appropriate, with inter-governmental and non-governmental organizations which could contributeto their work, including the Scientific Committeeon Antarctic Research, the Scientific Committee onOceanic Research and the International WhalingCommission.

The Commission may enter into agreements with theorganizations referred to in this Article and withother organizations as may be appropriate. TheCommission and the Scientific Committee may invitesuch organizations to send observers to theirmeetings and to meetings of their subsidiary bodies°

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ARTICLE XXIV

In order to promote the objective and ensureobservance of the provisions of this Convention,the Contracting Parties agree that a system ofobservation and inspection shall be established.

The system of observation and inspection shallbe elaborated by the Commission on the basisof the following principles:

(a) Contracting Parties shall co-operate witheach other to ensure the effective im-plementa[ion of the system of observationand inspection, taking account of theexisting international practice. Thissystem shall include, inter alia,procedures for boarding and inspectionby observers and inspectors designatedby the Members of the Commission andprocedures for flag state prosecutionand sanctions on the basis of evidenceresulting from such boarding and in-spectionso A report of such prosecutionsand sanctions imposed shall be includedin the information referred to in ArticleXXI of this Convention;

(b) in order to verify compliance with measuresadopted under this Convention, observationand inspection shall be carried out on boardvessels engaged in scientific research orharvesting of marine living resources inthe area to which this Convention applies,through observers and inspectors designatedby the Members of the Commission and operatingunder terms and conditions to be establishedby the Commission;

(c) designated observers and inspectors shallremain subject to the jurisdiction of theContracting Party of which they are nationals.They shall report to the Member of theCommission by which they have been designatedwhich in turn shall report to the Commission.

Pending the establishment of the system of obser-vation and inspection, the Members of the Commissionshall seek to establish interim arrangements todesignate observers and inspectors and such desig-nated observers and inspectors shall be entitledto carry out inspections in accordance with theprinciples set out in paragraph 2 above°

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ARTICLE XXV

If any dispute arises between two or more of theContracting Parties concerning the interpretationor application of this Convention, those ContractingParties shall consult among themselves with a viewto having the dispute resolved by negotiation,inquiry, mediation, conciliation, arbitration,judicial settlement or other peaceful means oftheir own choice.

Any dispute of this character not so resolvedshall, with the consent in each case of allParties to the dispute, be referred for settle-ment to the International Court of Justice orto arbitration; but failure to reach agreementon reference to the International Court or toarbitration shall not absolve Parties to thedispute from the responsibility of continuingto seek to resolve it by any of the variouspeaceful means referred to in paragraph 1above°,

In cases where the dispute is referred toarbitration, the arbitral tribunal shall beconstituted as provided in the Annex to thisConvention~

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ARTICLE XXVI

This Convention shall be open for signature atCanberra from 1 August to 31 December 1980 bythe States participating in the Conference onthe Conservation of Antarctic Marine LivingResources held at Canberra from~7 to 20 May 1980o

The States which so sign will be the originalsignatory States of the Convention~

ARTICLE XXVII

This Convention is subject to ratification, accep-tance or approval by signatory States°

Instruments of ratification, acceptance or approvalshall be deposited with the Govermment of Australia,hereby designated as the Depositary~

ARTICLE XXVIII

This Convention sha!l enter into force on thethirtieth day following the date of deposit of

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the eighth instrument of ratification, acceptanceor approval by States referred to in paragraph 1of Article X]gJI of this Convention.

With respect to each State or regional economicintegration organization which subsequent tothe date of entry into force of this Conventiondeposits an instrt~ent of ratification, acceptance,approva! or accession~ the Convention shall enterinto force on the thirtieth day fol!owing suchdeposit°

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ARTICLE Y~IX

This Convention shall be open for accession byany State interested in research or harvestingactivities in relation to the marine livingresources to which this Convention applies.

This Convention sha!l be open for accessionby regional economic integration organizationsconstituted by sovereign States which include~mong their members one or more States Membersof the Com~nission and to which the States membersof the organization have transferred, in wholeor in part~ competences with regard to the matterscovered by this Convention. The accession ofsuch regional economic integration organizationsshall be the subject of cons~!Itations among Membersof the Commission°

ARTICLE XXX

This Convention may be amended at any time°.

If one-third of the Members of the Commissionrequest’a meeting to discuss a proposed ~mendmentthe Depositary shall cal! s~ch a meeting°

An amendment shall enter into force when theDepositary has received instruments of ratification,acceptance or approval thereof from all the Membersof the Commission~,

Such amendment shall thereafter enter~into forceas to any other Contracting Party when notice ofratification~ acceptance or approval by it hasbeen received by the Depositary° Any suchContracting Party from which no such notice hasbeen received within a period of one year fromthe date of entry into force of the amendmentin accordance with paragraph 3 above shall bedeemed to have withdra~m from this Convention°

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ARTICLE XXXI

Any Contracting Party may withdraw from thisConvention on 30 June of any year, by givingwritten notice not later than 1 January of thesame year to the Depositary, which, upon receiptof such a notice, shall communicate it forthwithto the other Contracting Parties.

Any other Contracting Party may, within sixtydays of the. receipt of a copy of such a noticefrom the Depositary, give written notice ofwithdrawal to the Depositary in which case theConvention shall cease to be in force on 30 Juneof the same year with respect to the ContractingParty giving such notice.

Withdrawal from this Convention by any Memberof the Commission shall not affect its financialobligations under this Conventiono~

ARTICLE XXXII

The Depositary shall notify all Contracting Parties of thefollowing:

(a) signatures of this Convention and thedeposit of instruments of ratification,acceptance, approval or accession;

the date of entry into force of thisConvention and of any amendment thereto°

ARTICLE XXXIII

This Convention, of which the English, French,Russian and Spanish texts are equally authentic,shall be deposited with the Government of Australiawhich shall transmit duly certified copies thereofto a!l signatory and acceding Parties°

This Convention shall be registered by the Depositarypursuant to Article 102 of the Charter of theUnited Nations.

Drawn up at Canberra this twentieth day of May 1980o

IN WITNESS WHEREOF the undersigned, being duly .......authorized, have signed this Convention~

ANNEX FOR AN ARBITRAL TRIBUNAL

a)

b)

The arbitral tribunal referred to in paragraph 3of Article }~V shall be composed of three arbitrators whoshall be appointed as fol!owsr~

The Party commencing proceedings shall communicate the nameof an arbitrator to the other Party which, in turn, withina ~eriod of forty days following such notification, shallconm~unicate the name of the second arbitrator~ The Partiesshall, within a period of sixty days following the appointmentof the second arbitrator, appoint the third arbitrator, whoshall not be a national of either Party and shall not be ofthe same nationality as either of the first two arbitrators~The third arbitrator sha!l preside over the tribunal.~

If the second arbitrator has not been appointed within theprescribed period, or if the Parties have not reached agreementwithin the prescribed period on the appointment of the thirdarbitrator, that arbitrator shall be appointed,~ the requestof either Party, by the Secretary-General of the PermanentCourt of Arbitration, from among persons of internationalstanding not having the nationality of a State which is aParty to this Convention°

The arbitral tribunal shall decide where~iits headquarters willbe located and shall adopt its own rules of procedureo~

The award of the arbitral tribunal shall be made by a majorityof its members, who may not abstain from voting~

Any Contracting Party which is not a Party to the dispute mayintervene in the proceedings with the consent of the arbitraltribunal.~

The award of the arbitral tribunal shall be final and bindingon all Parties to the dispute and on any Party which intervenesin’the proceed~gs and shall be complied with without delay. Thearbitral tribunal sha~l interpret the award at the request ofone of the Parties to the dispute or of any intervening Party°

Unless the arbitral tribunal determines otherwise because ofthe particular circumstances of the case, the expenses of thetribunal, including the remuneration of its members, shall beborne by the Parties to the dispute in equal shares°

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