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New agreement to protect endangered seabirds is concluded in Cape Town In early February this year, negotiations were successfully concluded on the text of a new international treaty, the Agreement on the Conservation of Albatrosses and Petrels (ACAP). The new Agreement, which was negotiated within the framework of the Bonn Convention on Migratory Species, was adopted following a week-long meeting hosted by the South African Government in Cape Town. Attending countries came from both the Northern and Southern Hemispheres, including several from South America. Both albatross and petrel range states and nations with fishing fleets that interact with these highly threatened seabirds were represented. This article provides a general overview of the Agreement, with special reference to the provisions relevant to fisheries. Albatrosses have the highest proportion of threatened species of any bird family, making them the most imperiled of all the world's seabirds. Up to 26 species of albatross and petrel could become extinct unless firm steps are taken to reverse the destructive effects of uncontrolled longline fishing, pollution, habitat degradation, human disturbance of breeding sites and introduced diseases and predators. Of the 24 species of albatross, 21 species have declining populations, or have populations of unknown status. About 50% of albatross populations contain fewer than 100 breeding pairs, making albatrosses extremely susceptible to random events or even low levels of mortality. When all the species of albatross and seven species of petrel from the Southern Hemisphere were listed on the Appendices of the Bonn Convention on the Conservation of Migratory Species, it was a recognition that urgent international cooperation was needed to improve their threatened conservation status. Following the listings, governments, led by Australia and others in the Valdivia Group of Southern Hemisphere Countries for the Environment, embarked on discussions to develop the Agreement. The Cape Town meeting followed on from an earlier negotiation meeting held in Hobart, Australia in July 2000. The Agreement is based on Article IV(3) of the Bonn Convention, which provides that parties to the Convention "shall endeavour to conclude AGREEMENTS where these would benefit the species" listed on the Bonn Convention Appendices. The Agreement, which includes an Action Plan, describes a number of conservation measures to be implemented by signatories to the proposed text. These include research and monitoring, reduction of incidental mortality in fisheries, eradication of non-native species at breeding sites (especially introduced predators such as rats and cats), reduction of disturbance and habitat loss, and reducing pollution. In addition, parties are to prohibit, subject to certain limited exceptions, the deliberate taking of, or harmful interference with, albatrosses and petrels, their eggs or their breeding sites.
The decision-making body of the Agreement will be the Meeting of the Parties, to meet ordinarily at intervals of not more than three years, and there will also be an Advisory Committee, to provide scientific, technical and other advice and information and to make recommendations concerning the Action Plan and the implementation of the Agreement, and a Secretariat. Further subsidiary bodies may also be established. In the event of a dispute, a mechanism is provided for disputes which are agreed to be of a technical nature to be referred, as a matter of last resort, to a technical arbitrational panel which can deliver a binding decision on the parties to the dispute. In the case of other disputes between parties to the Agreement, the provisions of Article XIII of the Bonn Convention are to apply, regardless of whether or not the parties to the dispute are also parties to the Convention. (Under the Convention, any dispute is to be settled in the first place by negotiation between the parties involved and, of that turns out to be unsuccessful, the dispute may be submitted to arbitration, in particular that of the Permanent Court of Arbitration at The Hague, whose decision shall be binding on the parties). The Agreement will enter into force on the first day of the third month following the signature without reservation in respect of ratification, acceptance or approval or the deposit of instruments of ratification, acceptance or approval by five Range States. It is hoped that this will occur in early 2002. The initial response to the Agreement has, indeed, been positive. The Head of the UK Delegation at the negotiating meeting stressed his Government’s commitment to the Agreement, stating: “We are delighted to have been able to offer support for this important meeting, and at the successful outcome of the negotiations”. The Agreement was also well-received by NGOs represented at the meeting. Mr David Pritchard, representing BirdLife International, expressed satisfaction with the outcome of the negotiations and called for countries to begin implementing the terms of the Agreement immediately, without waiting for the formality of entry into force.
John Cooper Chris Hedley FAO International Plan of Action for Reducing Incidental Catch of Seabirds in Longline Fisheries CMS Press Release, 2 February 2001
WildLife
Australia: Albatrosses
The
conservation of South African seabirds, with special reference
to the role of international instruments |
