Commonwealth Numbered Acts

STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT (No. 1) 1985 No. 65, 1985 - SCHEDULE 4

SCHEDULE 4
SCHEDULE TO BE INSERTED IN THE ANTARCTIC TREATY (ENVIRONMENT
PROTECTION) ACT 1980

"SCHEDULE
Sub-section 3 (1)
CONVENTION
FOR THE CONSERVATION OF ANTARCTIC SEALS
The Contracting Parties.

Recalling the Agreed Measures for the Conservation of Antarctic Fauna and
Flora, adopted under the Antarctic Treaty signed at Washington on 1 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 1
Scope (1) This Convention applies to the seas south of 60 degrees 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

(1) The Contracting Parties agree that the species of seals enumerated in
Article 1 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

(1) 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 1
July to 30 June.

(3) Contracting Parties which have no information to 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 degrees 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 ontracting 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 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
Withdrawal
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 15
Notifications by the Depositary
The Depositary shall notify all signatory and acceding 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.

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

DONE at London, this 1st day of June 1972.

ANNEX
1. Permissible Catch
The Contracting Parties shall 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 Hydrurgo 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 during the period when 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 I 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 1-between 60 degrees and 120 degrees West Longitude
Zone 2-between 0 degrees and 60 degrees West Longitude, together with that
part of the Weddell Sea lying westward of 60 degrees West Longitude
Zone 3-between 0 degrees and 70 degrees East Longitude
Zone 4-between 70 degrees and 130 degrees East Longitude
Zone 5-between 130 degrees East Longitude and 170 degrees West Longitude
Zone 6-between 120 degrees and 170 degrees 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 degrees 20' and 60
        degrees 56' South Latitude and 44 degrees 05' and 46 degrees 25' West
        Longitude.

   (b)  The area of the southwestern Ross Sea south of 76 degrees South
        Latitude and west of 170 degrees East Longitude.

   (c)  The area of Edisto Inlet south and west of a line drawn between Cape
        Hallet at 72 degrees 19' South Latitude, 170 degrees 18' East
        Longitude, and Helm Point, at 72 degrees 11' South Latitude, 170
        degrees 00' 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 horse-power, 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 he
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.".
        --------------------------------------------------------------------------------

*1* Immediately after the commencement of section 6 of the Navigation
(Protection of the Sea) Amendment Act 1983, the heading to section 267A of the
Navigation ACt 1912 is altered to "Regulations to give effect to certain
Regulations of Annex I".



*2* On the day proclaimed for the purposes of sub-section 2 (49) of the
Statute Law (Miscellaneous Provisions) Act (No. 1) 1985 the headings to
sections 20, 21, 22, 23 and 23A of the Trade Union Training Authority Act 1975
are altered by omitting "State Councils" and substituting "Regional Councils
for States".



*3* On the day proclaimed for the purposes of sub-section 2 (49) of the
Statute Law (Miscellaneous Provisions) Act (No. 1) 1985 the heading to section
20A of the Trade Union Training Authority Act 1975 is amended by omitting
"Regional Council" and substituting "Regional Council for a State".

*1* Immediately after the commencement of section 6 of the Navigation
(Protection of the Sea) Amendment Act 1983, the heading to section 267A of the
Navigation Act 1912 is altered to "Regulations to give effect to certain
Regulations of Annex I".



*4* On the day proclaimed for the purposes of sub-section 2 (49) of the
Statute Law (Miscellaneous Provisions) Act (No. 1) 1985 the heading to section
24 of the Trade Union Training Authority Act 1975 is omitted and the following
heading is substituted "Regional Councils for Territories".