The Ministers responsible for the protection of the North Sea* environment of the Governments of:

the Kingdom of Belgium
the Kingdom of Denmark
the Federal Republic of Germany
the French Republic
the Kingdom of the Netherlands
the Kingdom of Norway
the Kingdom of Sweden
the United Kingdom of Great Britain and Northern Ireland
the Member of the Commission of the European Communities

responsible for environmental protection

hereinafter referred to as the Ministers,

Recognizing that small cetaceans** are and should remain an integral part of the ecosystem of the North Sea;

Concerned about the population status of small cetaceans in the North Sea;

Recalling the general principles of the “World Conservation Strategy” and the World Commission on Environmental Development;

Recognizing that in the North Sea area intentional taking of small cetaceans does not take place and is generally forbidden under national laws;

Recognizing that in the North Sea, marine pollution, by-catches and habitat deterioration can threaten the status of these populations;

Recognizing that international cooperation is essential for the conservation of small cetaceans;

Recalling the Convention on the Conservation of Migratory Species of Wild Animals (Bonn 1979) and the Convention on Conservation of European Wildlife and Natural Habitats (Berne 1979);

have reached the following understanding:

 
1. Purpose

1.1 The Ministers will cooperate closely with a view to achieving and maintaining a favourable conservation status for the small cetacean populations in the North Sea.

2. Cooperation with Baltic States

2.1 Given the close links between the small cetacean populations of the North Sea and the Baltic Sea, the Ministers will endeavour to establish cooperation with the coastal States of the Baltic Sea.

2.2 The Ministers will intensify the contacts already established between the North Sea coastal States and the coastal States of the Baltic Sea, with the object of establishing a framework for cooperation in the form of an Agreement as referred to in articles IV and V of the Convention on the Conservation of Migratory Species of Wild Animals (Bonn 1979).

3. Basic Arrangements

3.1 Pending the conclusion of the agreement referred to in paragraph 2.2, the Ministers will apply the interim conservation measures as contained in Annex I to this Memorandum of Understanding.

3.2 The Ministers recognize that the authorities listed in Annex II of this Memorandum of Understanding as contact points for the purpose of this Memorandum.

3.3 The Ministers recognize the Management Authority appointed by Sweden as lead agency to take the initiative for the development of an agreement referred to in paragraph 2.2 in the course of 1990 and to serve as a focal point for national reports on the implementation of this Memorandum.

3.4 All the Annexes to this Memorandum are an integral part of the Memorandum.

4. Coming into Effect and Denunciation

4. This Memorandum of Understanding shall come into effect upon the date of its signature. Any Minister may denounce this Memorandum of Understanding at any time by notification addressed to the other Ministers.

Annex I 

Management Measures

Acting through the responsible authorities, Ministers will apply measures to conserve the cetacean populations and take the following initiatives where appropriate:

1. Make every effort to promote the release of any animal inadvertently captured and which is alive and in good faith.

2. Take appropriate measures on habitat protection including measures to curb activities which deleteriously disturb the marine environment and measures to prevent, reduce or curb the release into the marine environment of dangerous substances which are harmful to the species concerned.

3. (a) Devise an efficient system for reporting by-catches and strandings, in particular to facilitate the study of the effects of fishing industry on the species concerned;

(b) Estimate population densities, distribution and migration patterns; and

(c) Evaluate the effect of measures taken under 1, 2 and 3 above.

4. To investigate and, in the light of available data indicating unacceptable interaction, to develop modifications of fishing gear and fishing practices in order to reduce by-catches and to prevent fishing gear from getting adrift or being discarded at sea.

5. Conduct coordinated research into the population biology of the species as a basis for planning further management measures and initiatives. Areas for study may include:

(a) age composition, reproductive and health status;

(b) causes of ill health and death;

(c) contaminant analysis;

(d) stock identity;

(e) energetics; and

(f) population dynamics and reproductive biology.

6. Conduct information and public awareness campaigns to elicit support for the above-mentioned activities, in particular to encourage the public to report sightings, strandings and by-catches.

Annex II

Authorities which are contact points for the purpose of the Memorandum

Omitted.