CONVENTION FOR THE CONSERVATION OF ANTARCTIC
SEALS
London, 1 June 1972
The Contracting Parties,
Recalling the Agreed Measures for the Conservation
of Antarctic Fauna and Flora adopted under the Antarctic
Treaty signed at Washington on I December 1959:
Recognizing the general concern about the
vulnerability of Antarctic seals to commercial
exploitation and the consequent need for effective
conservation measures:
Recognizing that the stocks of Antarctic seals are
an important living resource in the marine environment
which requires an international agreement for its
effective conservation;
Recognizing that this resource should not be
depleted by over-exploitation, and hence that any
harvesting should be regulated so as not to exceed the
levels of the optimum sustainable yield;
Recognizing that in order to improve scientific
knowledge and so place exploitation on a rational basis,
every effort should be made both to encourage biological
and other research on Antarctic seal populations and to
gain information from such research and from the
statistics of future sealing operations, so that further
suitable regulations may be formulated;
Noting that the Scientific Committee on Antarctic
Research of the International Council of Scientific
Unions (SCAR) is willing to carry out the tasks
requested of it in this Convention.
Desiring to promote and achieve the objectives of
protection, scientific study and rational use of
Antarctic seals, and to maintain a satisfactory balance
within the ecological system,
Have agreed as follows:
Article I
SCOPE
1 . This Convention applies to the sea south of 60 deg
South Latitude, in respect of which the Contracting
Parties affirm the provisions of Article IV of the
Antarctic Treaty.
2. This Convention may be applicable to any or all of
the following species:
Southern elephant seal Mirounga leonina,
Leopard seal Hydrurga leptonyx,
Weddell seal Leptonychotes weddelli,
Crabeater seal Lobodon carcinophagus,
Ross seal Ommatophoca rossi,
Southern fur seals Arctocephalus sp.
3. The Annex to this Convention forms an integral part
thereof.
Article 2
IMPLEMENTATION
I . The Contracting Parties agree that the species of
seals enumerated in Article I shall not be killed or
captured within the Convention area by their nationals
or vessels under their respective flags except in
accordance with the provisions of this Convention .
2. Each Contracting Party shall adopt for its nationals
and for vessels under its flag such laws, regulations
and other measures, including a permit system as
appropriate, as may be necessary to implement this
Convention.
Article 3
ANNEXED MEASURES
I . This Convention includes an Annex specifying
measures which the Contracting Parties hereby adopt.
Contracting Parties may from time to time in the future
adopt other measures with respect to the conservation,
scientific study and rational and humane use of seal
resources, prescribing inter alia:
a) permissible catch;
b) protected and unprotected species;
c) open and closed seasons;
d) open and closed areas, including the designation of
reserves;
e) the designation of special areas where there shall be
no disturbance of seals;
f) limits relating to sex, size, or age for each
species;
g) restrictions relating to time of day and duration,
limitations of effort and methods of sealing;
h) types and specifications of gear and apparatus and
appliances which may be used;
i) catch returns and other statistical and biological
records;
j) procedures for facilitating the review and assessment
of scientific information:
k) other regulatory measures including an effective
system of inspection.
2. The measures adopted under paragraph ( 1) of this
Article shall be based upon the best scientific and
technical evidence available.
3. The Annex may from time to time be amended in
accordance with the procedures provided for in Article
9.
Article 4
SPECIAL PERMITS
1. Notwithstanding the provisions of this Convention,
any Contracting Party may issue permits to kill or
capture seals in limited quantities and in conformity
with the objectives and principles of this Convention
for the following purposes:
a) to provide indispensable food for men or dogs;
b) to provide for scientific research; or
c) to provide specimens for museums, educational or
cultural institutions.
2. Each Contracting Party shall, as soon as possible,
inform the other Contracting Parties and SCAR of the
purpose and content of all permits issued under
paragraph (1) of this Article and subsequently of the
numbers of seals killed or captured under these permits.
Article 5
EXCHANGE OF INFORMATION AND SCIENTIFIC ADVICE
1. Each Contracting Party shall provide to the other
Contracting Parties and to SCAR the information
specified in the Annex within the period indicated
therein.
2. Each Contracting Party shall also provide to the
other Contracting Parties and to SCAR before 31 October
each year information on any steps it has taken in
accordance with Article 2 of this Convention during the
preceding period of I July to 30 June.
3. Contracting Parties which have no information report
under the two preceding paragraphs shall indicate this
formally before 31 October each year.
4. SCAR is invited:
a) to assess information received pursuant to this
Article; encourage exchange of scientific data and
information among the Contracting Parties; recommend
programmes for scientific research; recommend
statistical and biological data to be collected by
sealing expeditions within the Convention area; and
suggest amendments to the Annex; and
b) to report on the basis of the statistical, biological
and other evidence available when the harvest of any
species of seal in the Convention area is having a
significantly harmful effect on the total stocks of such
species or on the ecological system in any particular
locality.
5. SCAR is invited to notify the Depositary which shall
report to the Contracting Parties when SCAR estimates in
any sealing season that the permissible catch limits for
any species are likely to be exceeded and, in that case,
to provide an estimate of the date upon which the
permissible catch limits will be reached. Each
Contracting party shall then take appropriate measures
to prevent its nationals and vessels under its flag from
killing or capturing seals of that species after the
estimated date until the Contracting Parties decide
otherwise.
6. SCAR may if necessary seek the technical assistance
of the Food and Agriculture Organization of the United
Nations in making its assessments.
7. Notwithstanding the provisions of paragraph (1) of
Article 1 the Contracting Parties shall, in accordance
with their internal law, report to each other and to
SCAR, for consideration, statistics relating to the
Antarctic seals listed in paragraph (2) of Article 1
which have been killed or captured by their nationals
and vessels under their respective flags in the area of
floating sea ice north of 60 deg South latitude.
Article 6
CONSULTATIONS BETWEEN CONTRACTING PARTIES
1. At any time after commercial sealing has begun a
Contracting Party may propose through the Depositary
that a meeting of Contracting Parties be convened with a
view to:
a) establishing by a two-thirds majority of the
Contracting Parties, including the concurring votes of
all States signatory to this Convention present at the
meeting, an effective system of control, including
inspection, over the implementation of the provisions of
this Convention;
b) establishing a commission to perform such functions
under this Convention as the Contracting Parties may
deem necessary; or
c) considering other proposals, including:
(i) the provision of independent scientific advice;
(ii) the establishment, by a two-thirds majority, of a
scientific advisory committee which may be assigned some
or all of the functions requested of SCAR under this
Convention, if commercial sealing reaches significant
proportions;
(iii) the carrying out of scientific programmes with the
participation of the Contracting Parties; and
(iv) the provision of further regulatory measures,
including moratoria.
2. if one-third of the Contracting Parties indicate
agreement the Depositary shall convene such a meeting,
as soon as possible.
3. A meeting shall be held at the request of any
Contracting Party, if SCAR reports that the harvest of
any species of Antarctic seal in the area to which this
Convention applies is having a significantly harmful
effect on the total stocks or the ecological system in
any particular locality.
Article 7
REVIEW OF OPERATIONS
The Contracting Parties shall meet within five years
after the entry into force of this Convention and at
least every five years thereafter to review the
operation of the Convention.
Article 8
AMENDMENTS TO THE CONVENTION
1. This Convention may be amended at any time.The text
of any amendment proposed by a Contracting Party shall
be submitted to the Depositary, which shall transmit it
to all the Contracting Parties.
2. If one-third of the Contracting Parties request a
meeting to discuss the proposed amendment the Depositary
shall call such a meeting.
3. An amendment shall enter into force when the
Depositary has received instruments of ratification or
acceptance thereof from all the Contracting Parties.
Article 9
AMENDMENTS TO THE ANNEX
1. Any Contracting Party may propose amendments to the
Annex to this Convention. The text of any such proposed
amendment shall be submitted to the Depositary which
shall transmit it to all Contracting Parties.
2. Each such proposed amendment shall become effective
for all Contracting Parties six months after the date
appearing on the notification from the Depositary to the
Contracting Parties, if within 120 days of the
notification date, no objection has been received and
two-thirds of the Contracting Parties have notified the
Depositary in writing of their approval.
3. If an objection is received from any Contracting
Party within 120 days of the notification date, the
matter shall be considered by the Contracting Parties at
their next meeting. If unanimity on the matter is not
reached at the meeting, the Contracting Parties shall
notify the Depositary within 120 days from the date of
the closure, of the meeting of their approval or
rejection of the original amendment or of any new
amendment proposed by the meeting. If, by the end of
this period, two-thirds of the Contracting Parties have
approved such amendment, it shall become effective six
months from the date of the closure of the meeting for
those Contracting Parties which have by then notified
their approval.
4. Any Contracting Party which has objected to a
proposed amendment may at any time withdraw that
objection, and the proposed amendment shall become
effective with respect to such Party immediately if the
amendment is already in effect, or at such time as it
becomes effective under the terms of this Article.
5. The Depositary shall notify each Contracting Party
immediately upon receipt of each approval or objection,
of each withdrawal of objection, and of the entry into
force of any amendment.
6. Any State which becomes a party to this Convention
after an amendment to the Annex has entered into force
shall be bound by the Annex as so amended. Any State
which becomes a Party to this Convention during the
period when a proposed amendment is pending may approve
or object to such an amendment within the time limits
applicable to other Contracting Parties.
Article 10
SIGNATURE
This Convention shall be open for signature at
London from 1 June to 31 December 1972 by States
participating in the Conference on the Conservation of
Antarctic Seals held at London from 3 to 11 February
1972.
Article 11
RATIFICATION
This Convention is subject to ratification or
acceptance. Instruments of ratification or acceptance
shall be deposited with the Government of the United
Kingdom of Great Britain and Northern Ireland, hereby
designated as the Depositary.
Article 12
ACCESSION
This Convention shall be open for accession by any
State which may be invited to accede to this Convention
with the consent of all the Contracting Parties.
Article 13
ENTRY INTO FORCE
1. This Convention shall enter into force on the
thirtieth day following the date of deposit of the
seventh instrument of ratification or acceptance.
2. Thereafter this Convention shall enter into force for
each ratifying, accepting or acceding State on the
thirtieth day after deposit by such State of its
instrument of ratification, acceptance or accession.
Article 14
WITHDRAWL
Any Contracting Party may withdraw from this
Convention on 30 June of any year by giving notice on or
before 1 January of the same year to the Depositary,
which upon receipt of such a notice shall at once
communicate it to the other Contracting Parties. Any
other Contracting Party may, in like manner, within one
month of the receipt of a copy of such a notice from the
Depositary, give notice of withdrawal, so that the
Convention shall cease to be in force on 30 June of the
same year with respect to the Contracting Party giving
such notice.
Article l5
NOTIFICATION BY THE DEPOSITARY
The Depositary shall notify all signatory and
aceeding States of the following:
a) signatures of this Convention, the deposit of
instruments of ratification, acceptance or accession and
notices of withdrawal;
b) the date of entry into force of this Convention and
of any amendments to it or its Annex.
Article 16
CERTIFIED COPIES AND REGISTRATION
1 . This Convention, done in the English, French,
Russian and Spanish languages, each version being
equally authentic, shall be deposited in the archives of
the Government of the United Kingdom of Great Britain
and Northern Ireland, which shall transmit duly
certified copies thereof to all signatory and acceding
States.
2. This Convention shall be registered by the Depositary
pursuant to Article 102 of the Charter of the United
Nations.
Done at London, this 1st day of June 1972.
Annex
1. Permissible Catch
The Contracting Parties in any one year, which shall run
from 1 July to 30 June inclusive, restrict the total
number of seals of each species killed or captured to
the numbers specified below. These numbers are subject
to review in the light of scientific assessments:
a) in the case of Crabeater seals Lobodon carcinophagus,
175,000;
b) in the case of Leopard seals Hydrurga leptonyx.,
12,000;
c) in the case of Weddell seals Leptonychotes weddelli,
5,000.
2. Protected Species
a) It is forbidden to kill or capture Ross seals
Ommatophoca rossi, Southern elephant seals Mirounga
leonina, or fur seals of the genus Arctocephalus.
b) In order to protect the adult breeding stock when it
it is most concentrated and vulnerable, it is forbidden
to kill or capture any Weddell seal Leptonychotes
weddelli one year old or older between 1 September and
31 January inclusive.
3. Closed Season and Sealing Season
The period between 1 March and 31 August inclusive
is a Closed Season, during which the killing or
capturing of seals is forbidden. The period 1 September
to the last day in February constitutes a Sealing
Season.
4. Sealing Zones
Each of the sealing zones listed in this paragraph
shall be closed in numerical sequence to all sealing
operations for the seal species listed in paragraph 1 of
this Annex for the period 1 September to the last day of
February inclusive. Such closures shall begin with the
same zone as is closed under paragraph 2 of Annex B to
Annex 1 of the Report of the Fifth Antarctic Treaty
Consultative Meeting at the moment the Convention enters
into force. Upon the expiration of each closed period,
the affected zone shall reopen:
Zone I between 60 deg and 120 deg West Longitude
Zone 2 between 0 deg and 60 deg West Longitude,
together with that part of
the Weddell Sea lying westward of 60 deg West
Longitude
Zone 3 between 0 deg and 70 deg East Longitude Zone 4
between 70 deg and
130 deg East Longitude
Zone 5 between 130 deg East Longitude and 170 deg
West Longitude
Zone 6 between 120 deg and 170 deg West Longitude.
5. Seal Reserves
It is forbidden to kill or capture seals in the
following reserves, which are seal breeding areas or the
site of long-term scientific research:
a) The area around the South Orkney Islands between 60
deg 20 min and 60 deg 56 min South Latitude and 44 deg
05 min and 46 deg 25 min West Longitude.
b) The area of the southwestern Ross Sea south of 76 deg
South Latitude and west of 170 deg East Longitude.
c) The area of Edisto Inlet south and west of a line
drawn between Cape Hallett at 72 deg 19 min South
Latitude, 170 deg 18 min East Longitude, and Helm Point,
at 72 deg 11 min South Latitude, 170 deg 00 min East
Longitude.
6. Exchange of Information
a) Contracting Parties shall provide before 31 October
each year to other Contracting Parties and to SCAR a
summary of statistical information on all seals killed
or captured by their nationals and vessels under their
respective flags in the Convention area, in respect of
the preceding period 1 July to 30 June. This information
shall include by zones and months:
(i) The gross and nett tonnage, brake horsepower,
number of crew, and number of days' operation of vessels
under the flag of the Contracting Party;
(ii) The number of adult individuals and pups of each
species taken.
When specially requested, this information shall be
provided in respect of each ship, together with its
daily position at noon each operating day and the catch
on that day.
b) When an industry has started, reports of the number
of seals of each species killed or captured in each zone
shall be made to SCAR in the form and at the intervals
(not shorter than one week) requested by that body.
c) Contracting Parties shall provide to SCAR biological
information, in particular:
(i) Sex
(ii) Reproductive condition
(iii) Age
SCAR may request additional information or material with
the approval of the Contracting Parties.
d) Contracting Parties shall provide to other
Contracting Parties and to SCAR at least 30 days in
advance of departure from their home ports information
on proposed sealing expeditions.
7. Sealing Methods
a) SCAR is invited to report on methods of sealing and
to make recommendations with a view to ensuring that the
killing or capturing of seals is quick, painless and
efficient. Contracting Parties, as appropriate, shall
adopt rules for their nationals and vessels under their
respective flags engaged in the killing and capturing of
seals, giving due consideration to the views of SCAR.
b) In the light of the available scientific and
technical data, Contracting Parties agree to take
appropriate steps to ensure that their nationals and
vessels under their respective flags refrain from
killing or capturing seals in the water, except in
limited quantities to provide for scientific research in
conformity with the objectives and principles of this
Convention. Such research shall include studies as to
the effectiveness of methods of sealing from the
viewpoint of the management and humane and rational
utilization of the Antarctic seal resources for
conservation purposes. The undertaking and the results
of any such scientific research programme shall be
communicated to SCAR and the Depositary which shall
transmit them to the Contracting Parties.
Addendum
At the signature, the following statement was made
by the Representative of Chile:
"The Delegation of Chile states that the reference
to Article IV of the Antarctic Treaty contained in
Article 1 of the present Convention signifies that
nothing specified therein shall confirm, deny or impair
the rights of the Contracting Parties as regards their
maritime jurisdictions and their declared juridical
position on this matter."
The following statement was made by the
Representative of the United States of America:
"The Delegation of the United States of America
believes that the Convention should contain stronger
provisions for the observation of operations and
enforcement of regulations, especially with regard to
the use of observers of the Contracting Parties with
each others' sealing expeditions. Opposition to stronger
provisions has chiefly arisen not from commercial but
from juridical interests.
"Nevertheless, the Convention is a new and valuable
International Agreement, achieved in advance of the
development of commercial sealing in the Antarctic. that
contains many provisions important to the conservation
of seals and their protection against over-exploitation.
We understand exploratory commercial sealing ventures
may be imminent.
"In order not to diminish the progress achieved by
this Conference in international co-operation effective
conservation in the Antarctic, the delegation of the
United States of America has decided to sign the Final
Act and will submit the Convention for its Government's
consideration."