Successful conservation - Then what? The de-listing of arctocephalus fur seal species in antarctica

Journal of International Wildlife Law and Policy

Volumn 11, Issue 1, 2008, Pages 1-29

  Jabour, Julia ^a  

^a UNIVERSITY OF TASMANIA   (Australia)

Author keywords

[No Author keywords available]

Indexed keywords

ANTARCTIC TREATY; ENDANGERED SPECIES ACT; PINNIPED; SPECIES CONSERVATION;

ANTARCTICA;

ARCTOCEPHALUS;

EID: 42449149414     PISSN: 13880292     EISSN: 15481476     Source Type: Journal    
DOI: 10.1080/13880290801960712     Document Type: Article

References (138)

1. Antarctic Treaty Secretariat [ATS], XXIX Antarctic Treaty Consultative Meeting, Final ReportMeasure 4 (2006), available at http://www.ats.aq/Atcm/atcm29/fr/atcm29fr002e.doc (last visited December 5, 2007).
2. Notwithstanding, seals still receive general protection, which will be discussed later, and will come under increasing scrutiny for their interaction with krill fisheries, which will also be discussed later.
3. XXIX Antarctic Treaty Consultative Meeting, Final Report at n. 2, Para 85.
4. Information on the status of grizzly bears under the US Endangered Species Act is available at http://ecos.fws.gov/species profile/servlet/ gov.doi.species profile.servlets.SpeciesProfile?spcode=A001 (last accessed December 5, 2007). For information on the debate about the US Fish and Wildlife Service plan to de-list Yellowstone National Park area grizzly bears, see the Sierra Club at http://www.sierraclub.org/grizzly (last visited December 5, 2007).
5. See Dawn Walton, Scientists Hand Ottawa a Blueprint for a Mass Cull of Bison, THE GLOBE AND MAIL, Mar. 21, 2006, at A8. On the other hand, bison have been protected in Yellowstone National Park since 1894. U.S. Fish and Wildlife Service [USFWS], American Buffalo (Bison), http://www.fws.gov/species/speciesaccounts/biobuff.html (last visited December 5, 2007).
6. See, for example, R.G. Brown et al., Evidence for a Long-Lasting Single Administration Contraceptive Vaccine in Wild Grey Seals, 35 JOURNAL OF REPRODUCTIVE IMMUNOLOGY 43 (1997).
7. Marc Bekoff, The Importance of Ethics in Conservation Biology: Let's be Ethicists Not Ostriches, 19 ENDANGERED SPECIES UPDATE 23, 24 (2002).
8. For the role that context plays in environmental ethics, particularly when a conflict of interest about the use of animals is present, see generally Elisa Aaltola, Animal Ethics and Interest Conflicts, 10 ETHICS AND THE ENVIRONMENT 19 (2005).
9. See, e.g., Agreement on the Conservation of Polar Bears, Nov. 15, 1973, 27 U.S.T. 3918, 13 I. L.M. 13 [hereinafter Polar Bears Convention], available at http://pbsg.npolar.no/ConvAgree/ agreement.htm (last visited December 5, 2007).
10. See, e.g., Convention onWetlands of International Importance Especially asWaterfowl Habitat, Feb. 2, 1971, 996 U.N.T.S. 245 [hereinafter Ramsar]. Text and further information at http://www.ramsar.org (last visited December 5, 2007).
11. See, e.g., Convention on International Trade in Endangered Species of Wild Fauna and Flora, Mar. 3, 1973, 27 U.S.T. 1087, 993 U.N.T.S. 243 [hereinafter CITES]. Text and further information at http://www.cites.org (last visited December 5, 2007).
12. See, e.g., International Convention for the Regulation of Whaling, Dec. 2, 1946, 62 Stat. 1716, 161 U.N.T.S. 72 [hereinafter ICRW]. Text and further information at http://www.iwcoffice.org (last visited December 5, 2007). The IWC has a moratorium on commercial harvesting. On the other hand the Convention for the Conservation of Antarctic Seals, Feb. 11, 1972, 29 U.S.T. 441, 11 I.L.M. 251 [hereinafter CCAS], prescribes both conservation regulations for seals and the mechanisms for managing commercial sealing should it resume. Text and further information at http://www.antarctica.ac.uk/AboutAntarctica/Treaty/ Seals.html (last visited December 5, 2007).
13. These terms "keystone" and "flagship" are used in the context of the definitions applied by the World Wide Fund for Nature (WWF) and generally accepted in international environmental literature. Keystone: "a species that plays an essential role in the structure, functioning or productivity of a habitat or ecosystem at a defined level." Flagship: "a species selected to act as an ambassador, icon or symbol for a defined habitat, issue, campaign or environmental cause." World Wildlife Fund, Global Species Programe: How WWF Classifies Species http://www.panda.org/aboutwwf/whatwedo/species/ aboutspecies/flagshipkeystoneindicatordefinition/index.cfm (last visited December 14, 2007).
14. Evidence of polarisation can be found in the vitriolic public debates about so-called scientific whaling-scientific research by lethal means-conducted by the Japanese in Antarctic waters. For a summary of the case action brought by Humane Society International against the Japanese through the Australian Federal Court, see the document prepared by Environmental Defenders Office. ENVIRONMENTAL LAW PUBLISHING, JAPANESEWHALING CASE, http://www.envlaw.com.au/whale.html (last visited December 5, 2007).
15. The beaver is the national animal of Canada and the state mammal of New York State in recognition of its role in the early economic prosperity of these areas. Information available at http://en.wikipedia.org/wiki/ Beaver (last visited December 5, 2007).
16. For current regulations in the Sate of Washington, see, e.g., Washington Department of Fish and Wildlife, Beavers, http://wdfw.wa.gov/wlm/living/beavers.htm (last visited December 5, 2007).
17. See, for example, the Support to the Enforcement of Poaching Control and Bushmeat Trade in and Around WAZA National Park (WNP), Cameroon. Information available at International Elephant Foundation website http://www.elephantconservation.org/AfWaza.php (last visited Dec. 14, 2007).
18. R. Hucke-Gaete et al., Examining Natural Population Growth from Near Extinction: The Case of the Antarctic Fur Seal at the South Shetlands, Antarctica, 27:5 POLAR BIOLOGY 304 (2004).
19. ATS, XXIII Antarctic Treaty Consultative Meeting, Working Paper 24 (Jun. 1999), available at http://www.ats.aq/23atcm/23atcmWP.htm (follow working paper 24 zip file link) (last visited December 5, 2007).
20. Flora and fauna are now protected under the Falkland Island Dependencies Conservation Ordinance 1975. Government of South Georgia, Important Laws, available at http://www.sgisland.org/pages/gov/gov2.htm (last visited December 14, 2007).
21. SOUTH GEORGIA ISLAND GOVERNMENT, SOUTH GEORGIA PLAN FOR PROGRESS: MANAGING THE ENVIRONMENT 2006-2010, available at http://www.sgisland.org/pages/gov/PlanProgress.htm (last visited December 14, 2007). Information on the Antarctic Treaty System legal regime can be accessed through the Treaty Secretariat at http://www.ats.aq (last visited December 5, 2007).
22. R. Hucke-Gaete, supra note, at 309.
23. Id. at 310.
24. The official website of South Georgia reports the problems thus: "The current population of fur seals is possibly causing deleterious effects on stocks of krill and commercially important fish species, such as icefish; on population sizes of some competitors, such as macaroni penguin; on plant communities, such as trampling of tussac grass; and on visitor access to certain wildlife sites. As fur seal populations continue to increase, further pressures on the local ecosystems are likely to arise." SOUTH GEORGIA ISLAND OFFICIAL WEBSITE, SEALS, http://www.sgisland.org/pages/environ/ssubfur.htm (last visited December 5, 2007).
25. The official crest of South Georgia and the South Sandwich Islands features a fur seal, a macaroni penguin and a reindeer. See SOUTH GEORGIA ISLAND OFFICIAL WEBSITE, HERALDRY, http://www.sgisland.org/pages/gov/gov5.htm (last visited December 5, 2007).
26. E-mail from Sally Poncet, Research Scientist, South Georgia Island to Dr. Julia Jabour, Senior Lecturer, Institute of Antarctic and Southern Ocean Studies (Apr. 4, 2006) (on file with author). The Scientific Committee on Antarctic Research (SCAR) has reported that white chinned and Southern Giant petrels, Wandering albatross and macaroni penguins have all been assessed as being "vulnerable" by IUCN. ATS, XXVII Antarctic Treaty Consultative Meeting, Information Paper 73, para. 9 (2004), available at http://www.ats.aq/27atcm/e/login/IP/27IP073E.doc (last visited December 5, 2007). For an evaluation of how birds, generally, are assessed see Stuart H.M. Butchart et al., Measuring Global Trends in the Status of Biodiversity: Red List Indices for Birds, 2:12 PLOS BIOLOGY 2294 (2004), available at http://biology.plosjournals.org/archive/1545-7885/2/12/pdf/ 10.1371journal.pbio.0020383-L.pdf (last visited December 5, 2007)
27. E-mails from Dr TonyMartin, Vertebrate Ecologist, DYNAMOE project, British Antarctic Survey to Dr Julia Jabour, Senior Lecturer, Institute of Antarctic and Southern Ocean Studies, (December 2005) (on file with author); also E-mail from Sally Poncet, supra note 27. See generally Dominic A. Hodgson & Nadine M. Johnston, Inferring Seal Populations from Lake Sediments, 387:6628 NATURE 30-31 (1997)
28. Dominic A. Hodgson et al., Palaeolimnology of Antarctic Fur Seal Arctocephalus Gazella Populations and Implications for Antarctic Management, 83:2 BIOLOGICAL CONSERVATION 145 (1998)
29. R. I.L. Smith, Destruction of Antarctic Terrestrial Ecosystems by a Rapidly Increasing Fur Seal Population, 45 BIOLOGICAL CONSERVATION 55 (1988)
30. R. I.L. Smith, Impact of an Increasing Fur Seal Population on Antarctic Plant Communities: Resilience and Recovery, in ANTARCTIC COMMUNITIES: SPECIES, STRUCTURE AND SURVIVAL 432 (B. Battaglia et al., eds., 1997).
31. J. P. Croxall et al., Influence of the Increasing Fur Seal Population onWandering Albatrosses Diomedea Exulans Breeding on Bird Island, South Georgia, in ANTARCTIC ECOSYSTEMS: ECOLOGICAL CHANGE AND CONSERVATION, 237 (K. R. Kerry & G. Hempel, eds., 1990).
32. W. N. Bonner, Impact of Fur Seals on the Terrestrial Environment at South Georgia, in Antarctic Nutrient Cycles and Food Webs 641 (W. R. Siegfreid et al., eds., 1985).
33. For a description of the Antarctic legal regime, see generally Antarctic Treaty Secretariat, http://www.ats.aq (last visited December 5, 2007).
34. E.g., ICRW, supra note. Information available from the International Whaling Commission website at http://www.iwcoffice.org (last visited December 5, 2007).
35. Agreement on the Conservation of Albatrosses and Petrels, Feb. 2, 2001, A.T.S. 5, [hereinafter ACAP], available at http://www.acap.aq/en/ images/Core Documents/FinalagreementAmended%20MoP22006English.pdf (last visited December 5, 2007). ACAP is an implementing agreement of the Convention on Migratory Species of Wild Animals and it applies to 21 albatross species and seven petrel species occurring in the Southern Hemisphere.
36. Id. at Annex. 1.
37. Id. Mr Warren Papworth, Executive Secretary to the Interim ACAP Secretariat, Hobart, telephone conversation with Dr Julia Jabour, Senior Lecturer, Institute of Antarctic and Southern Ocean Studies on December 17, 2007.
38. See ATCM, supra note, at res. 4.
39. See ATCM, supra note 2, Committee for Environmental Protection IX Final Report, Para 134-135.
40. Id.
41. SCARWorking Paper 1 (document withdrawn). For a full description of the reaction to the withdrawal and subsequent discussion, see Committee for Environmental Protection CEP X Final Report, Paras 235-247, available at http://30atcm.ats.aq/30atcm/Documents/docFinalReport.aspx (last visited December 17, 2007).
42. K. E. Barlow et al., Are Penguins and Seals in Competition for Antarctic Krill at South Georgia? 140:2 MARINE BIOLOGY 205 (2002), at 206.
43. E-mail from M. Richardson, former Head of Polar Regions Unit, Overseas Territories Department, British Foreign and Commonwealth Office to Dr. Julia Jabour, Senior Lecturer, Institute of Antarctic and Southern Ocean Studies (Mar. 28, 2006) (on file with author).
44. ATS, supra note 20, at Working Paper 24.
45. Id.
46. Protocol on Environmental Protection to the Antarctic Treaty Annex II, AppendixA[hereinafter Madrid Protocol], available at http://sedac.ciesin.org/entri/texts/antarctic.treaty.protocol.1991.html (last visited December 5, 2007).
47. ATS, supra note, at resolution 2, available at http://www.ats.aq/Atcm/atcm23/23Atcmfr/res2.htm (last visited September 24, 2006).
48. This term, which is used widely throughout the Madrid Protocol, supra note 41, available at http://www.antarctica.ac.uk/About Antarctica/Treaty/protocol.html (last visited September 24, 2006), has not been defined.
49. See, e.g., the discussions at CEP V in 2002 regarding the proposed review of the whole of Annex II. Information in CEP V Final Report (2002) Item 4d Matters Covered by Annex II (Conservation of Antarctic Fauna and Flora), available at http://www.ats.aq/25atcm/index.htm# (last visited December 17, 2007).
50. Telephone interview with W. Don Bowen, Research Scientist, Bedford Institute of Oceanography, in Dartmouth, Nova Scotia, Canada (March 23, 2006).
51. See, e.g., Rory MacGregor, A Former Film Star's Hopes to Spark Successful Sequel Fade in 'Land of Compromise,' THE GLOBE AND MAIL, Mar. 23, 2006, at A2, available at http://www.theglobeandmail.com/servlet/story/LAC.20060323.MACGREGOR23/ TPStory/National (last visited December 5, 2007). This is only one of a run of articles printed daily in Canadian newspapers in the lead up to the beginning of the annual seal hunts for which a quota of around 325,000 harp seals had been set for sealing grounds off Canada's east coast.
52. Id. It is notable that activists pay to advertise on the Newspaper's website alongside the news stories, with one link followed (www.stopthesealhunt.ca) leading to an International Fund for Animal Welfare website.
53. Authors such as Alston Chase would not agree. In Chase's book In a dark wood, he poses the question "how much change is twilight and how much is the dawn of another day?" when discussing the anthropocentric view of environmental problems such as species decline. ALSTON CHASE, IN A DARK WOOD: THE FIGHT OVER FORESTS AND THE MYTHS OF NATURE (TRANSACTION PUBLISHERS 2001) at 410.
54. For an overview of some early work on this topic see D.G.M. Miller, The Southern Ocean: A Global View, 14 OCEAN YEARBOOK 468 (2000) (see especially Fig. 11 on page 497).
55. Id., at 492.
56. See generally Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR), http://www.ccamlr.org (last visited December 5, 2007).
57. See generally Census of Antarctic Marine Life, http://www.caml.aq (last visited September 24, 2006) and International Polar Year, http://www.ipy.org (last visited December 5, 2007).
58. ATS, III Antarctic Treaty Consultative Meeting, Agreed Measures for the Conservation of Antarctic Fauna and Flora (1964), available at http://www.ats.aq/Atcm/RecAtt/Att080e.pdf (last visited December 5, 2007).
59. Id. at art. III. ACTMs are the annual meetings of the parties to the Antarctic Treaty. Further information and the text of the Antarctic Treaty are available at the Treaty Secretariat at http://www.ats.aq (last visited December 5, 2007).
60. Antarctic Treaty art. I, Dec. 1, 1959, 12 U.S.T. 794, 402 U.N.T.S. 41.
61. ATS, supra note, at pmbl., art. IV.
62. Id at art. VI.
63. ATS, III Antarctic Treaty Consultative Meeting, Agreed Measures for the Conservation of Antarctic Fauna and Flora Annex II (1964), at arts. 3.2(a), (b), available at http://www.aad.gov.au/ default.asp?casid=3503 (click on Annex II) (last visited December 5, 2007).
64. Id. at art. 3.2(c).
65. Id. at art. 3.3(b).
66. Id. at art. 3.5(a)-(c).
67. ATS, IV Antarctic Treaty Consultative Meeting, Interim Guide Lines for the Voluntary Regulation of Antarctic Pelagic Sealing (1968), available at http://www.ats.aq/Atcm/RecAtt/Att247e.pdf (last visited December 5, 2007).
68. The phrase 'natural ecological balance' is not defined and is, therefore, open to varying interpretation. Chase would find fault with using such language, as he has suggested, " ... saying that something is 'natural' is to assert both that it is desirable and that its virtues have foundation in reality," a presupposition that cannot be "rationally defended." Alston Chase, supra note, at 3.
69. ATS, supra note, at arts. 3-5.
70. U.S. Department of State, Handbook of the Antarctic Treaty System. Chapter Nine, Conservation of Antarctic Seals, Introductory Note at 326, available at http://www.state.gov/g/oes/rls/rpts/ant (last visited December 17, 2007).
71. Convention for the Conservation of Antarctic Seals, Jun. 9, 1972, 29 U.S.T. 441, TIAS 8862 [hereinafter CCAS]. To date, all 16 signatories are actually signatories to the Antarctic Treaty also.
72. Id. at pmbl.
73. Id. at art. 1.
74. Id. at art. 4(a). This permission was also included in the Agreed Measures but was removed from the Madrid Protocol Annex II in recognition that the practice was anachronistic. The primary reason seals were taken in the past was for dog food but dogs are now prohibited under the Protocol as an introduced species.
75. Id. at art. 4.
76. Id. at art. 5.
77. Curiously the Parties raised concerns during the 1988 CCAS Review Conference about not being able to identify exactly when commercial seal harvesting had begun. To assuage any fears, it was decided that the numbers would speak for themselves in that when in any one year the number of seals taken far outweighed reasonable numbers for the purposes of permit activities, and that this occurred in subsequent years, commercial sealing could be said to have resumed. U.S. Department of State, Handbook of the Antarctic Treaty System. Chapter Nine, Conservation of Antarctic Seals, at 346, available at http://www.state.gov/g/oes/rls/rpts/ant (last visited December 5, 2007).
78. Id. at art. 6.
79. Id.
80. Id.
81. Id. at arts. 9 and 14.
82. Id. at Annex One.
83. Government of Japan, Plan for the Second Phase of the Japanese Whale Research Program under Special Permit in the Antarctic (JARPA II) -Monitoring of the Antarctic Ecosystem and Development of New Management Objectives for Whale Resources. IWC Document SC/57/01 (2005). Introduction: "The full scale JARPA II will start from the 2007/08 season. It is expected to be a long term research program focused on Antarctic minke, humpback and fin whales, crabeater seals, and possibly other species in the Antarctic ecosystem that are major predators of Antarctic krill (Euphausia superba). JARPA II intends to monitor the quantitative and qualitative changes of important species of whales, pinnipeds and possibly sea birds, and the environmental factors surrounding them."
84. Madrid Proctol, at art. 3.
85. CCAS, at art. 4.
86. U. S. Department of State, Handbook of the Antarctic Treaty System Chapter 9, Conservation of Antarctic Seals, at 344, available at http://www.state.gov/g/oes/rls/rpts/ant (last visited December 5, 2007).
87. Government of the United Kingdom, Report submitted to Antarctic Treaty Consultative Meeting XXVIII by the Depositary Government for the Convention for the Conservation of Antarctic Seals in accordance with Recommendation XIII-2, paragraph 2(d) (Information Paper 77, 2005), available at http://www.ats.aq/28atcm/buscador.php (last visited December 5, 2007). It is significant to note that in this particular year (2004-2005) only 9 of the 16 Contracting Parties submitted reports in accordance with their obligation under Article 4.2 of CCAS.
88. This information is published in the annual CCAMLR Scientific Committee reports, available at http://www.ccamlr.org/pu/e/epubs/sr/drt.htm (last visited December 5, 2007).
89. If disagreement that leads to a dispute does occur, both instruments have dispute resolutionmechanisms. In the Protocol they are found in Articles 18-20 and in CCAS, the opt-out and withdrawal provisions in Articles 9 and 14 respectively.
90. For information on the role of SCAR's Scientific Group on Life Sciences-Expert Group on Seals, see http://www.seals.scar.org/ (last visited December 5, 2007).
91. Scientific Committee on Antarctic Research, Delisting Antarctic Specially Protected Species (ATCM, Working Paper 33, 2005), available at http://www.ats.aq/28atcm/reportes.php (last visited December 5, 2007).
92. At the annualATCMs, the CEPmeets for the first week and adopts (by consensus) a report, which is then presented to the ATCM in the second week. The ATCM may or may not wish to further discuss matters raised in the CEP report. The CEP is an advisory body to ATCM and can only make recommendations; it is the province of the ATCM to accept any recommendations and adopt any recommended wording if they so choose.
93. Committee for Environmental Protection, CEP VIII Final Report, para. 126 (2005), available at http://www.ats.aq/28atcm/ reportes.php (last visited December 5, 2007).
94. Committee for Environmental Protection, Guidelines for CEP Consideration of Proposals for New and Revised Designations of Antarctic Specially Protected Species under Annex II of the Protocol, CEP VIII Final Report, Annex 8 (2005), available at http://www.ats.aq/28atcm/reportes.php (last visited December 5, 2007).
95. ICG-an ad hoc multinational task force used by the Treaty Parties to progress complex or difficult matters.
96. Government of Argentina. ATCM XXIV, Working Paper 5 (2001); Government of Argentina, Final Report of the Intersessional Contact Group on Specially Protected Species (ATCM, Working Paper 8, 2002)
97. Government of Argentina, Progress Report of the CEP Intersesional [sic] Contact Group (ATCM, Working Paper 25, 2003)
98. Government of Argentina, Final Report of the Intersessional Contact Group Annex II Review (ATCM, Working Paper 17, 2004), available at http://www.ats.aq (last visited December 5, 2007).
99. Government of Argentina, Final Report of the Intersessional Contact Group on Specially Protect Species in the Antarctica 7 (ATCM, Working Paper 8, 2002). The IUCN Red List of Threatened Species (also known as the IUCN Red List or Red Data List) is a comprehensive inventory of the global conservation status of plant and animal species.
100. Scientific Committee on Antarctic Research, Antarctic Specially Protected Species (ATCM, Information Paper 73, 2004), available at http://www.ats.aq (last visited December 5, 2007).
101. United Nations Environment Programme, A Review of the Conservation Status of Antarctic Mammals and Birds (ATCM, Information Paper 88, 2004), available at http://www.ats.aq (last visited December 5, 2007).
102. Committee for Environmental Protection, Report of the Committee for Environmental Protection Annex 8 (ATCM, 2005), available at http://www.ats.aq/Atcm/atcm28/att/atcm28att105e.doc (last visited December 5, 2007).
103. Id. at point 5.b.
104. Ameasure is text containing a legally binding obligation; it enters into force in accordance with the rules of Article IX.4 of the Antarctic Treaty, that is, after the acceptance of all Antarctic Treaty Consultative Parties.
105. There is a plethora of literature on the application of the precautionary principle. For a substantial volume that covers many aspects of its application in international law, including fundamental challenges and difficulties of implementation, see David Freestone & Ellen Hey, The Precautionary Principle and International Law: The Challenge of Implementation (David Freestone & Ellen Hey eds., 1996) (for comments on the universality of the precautionary principle see especially the editor's concluding remarks in Freestone and Hey, Chapter 14, p 249). One NGO perspective is well illustrated in the TRAFFIC summary of the workshop on "The precautionary principle in wildlife conservation" (2000) available at http://www.traffic.org/briefings/precautionary.html (last visited December 5, 2007).
106. Martin, supra note 26.
107. See also British Antarctic Survey website at http://www.antarctica.ac.uk (last visited December 5, 2007) for summaries of current scientific programs.
108. SOUTH GEORGIA ISLAND GOVERNMENT, SOUTH GEORGIA PLAN FOR PROGRESS: MANAGING THE ENVIRONMENT 2006-2010, available at http://www.sgisland.org/pages/gov/PlanProgress.htm (last visited December 14, 2007).
109. Notwithstanding the British Government's right to invoke the Chairman's Statement appended to CCAMLR, which refers to a sovereign's right to exercise its jurisdiction in marine living resources matters, in areas of undisputed sovereignty. Arguably, this is not an area of undisputed sovereignty.
110. In international law a treaty is generally interpreted in accordance with the ordinary meaning of terms in the context of the object and purpose of the treaty unless they are given a special meaning. Vienna Convention on the Law of Treaties, Article 31.1, May 23, 1969, 1155 U.N.T.S.
111. J.P. Croxall, Conservation and management of marine mammals, 15 TRENDS IN ECOLOGY AND EVOLUTION 256-257 (2000)
112. M.E. Goebel et al., Antarctic fur seals in the South Shetland Islands: Pup production and population trends, CCAMLR Scientific Reports WG-EMM 02/51 (2002)
113. Hucke-Gaete supra note 17.
114. Martin, supra note 26
115. Poncet, supra note 25.
116. Telephone and email interviews with Bill Davis, Expedition Manager, Peregrine Shipping (Mar. 3, 2006).
117. United Nations Environment Programme, A Review of the Conservation Status of Antarctic Mammals and Birds. (ATCM, Information Paper 88, 2004), available at http://www.ats.aq (last visited September 29, 2006). For the actual listing
118. see Seal Specialist Group 1996. Arctocephalus gazella. In: IUCN 2004. 2004 IUCN Red List of Threatened Species, available at www.iucnredlist.org (last visited December 05, 2007).
119. Concerns have been raised about the inherent weakness in listings and listing processes. Comments from the CITES Criteria Working Group (CWG) are available from http://www.cites.org/eng/prog/criteria/1st meeting/comments.shtml (last visited December 5, 2007).
120. For information on how CCAMLR uses fur seals in its CEMP program see for example CCAMLR Standard Method C1 (v3) on investigating duration of cow foraging/attendance cycles and C2 (v5) on investigating pup growth in Part I, Section 3 (August 1997) of document "CCAMLR Ecosystem Monitoring Program Standard Methods," available at http://www.ccamlr.org/pu/e/genintro.htm (follow the link under Publications).
121. E-mail from Dr. Denzil Miller, Executive Secretary, CCAMLR Secretariat to Dr. Julia Jabour, Senior Lecturer, Institute of Antarctic & Southern Ocean Studies (Mar. 28, 2006) (on file with author).
122. Supra note 1.
123. Madrid Protocol, Annex V Article 6.2.
124. See http://www.acap.aq for detailed information on its conservation efforts.
125. Threat abatement plans are a national responsibility and currently twoACAP signatories-Australia and New Zealand-have plans in place. Follow the links from ACAP's seabirds site at http://www.acap.aq/ index.php/acap/links to associated sites to view both Australian and New Zealand plans as they relate to fishing incidental bycatch of seabirds (last visited September 29, 2006).
126. Food and Agriculture Organization of the U.N., International Plan of Action for Reducing Incidental Catch of Seabirds in Longline Fisheries 1999, available at http://www.fao.org/documents/ showcdr.asp?urlfile=/docrep/006/x3170e/x3170e02.htm (last visited December 5, 2007).
127. At the 2006 IAATO Annual General Meeting, operators were advised that if a landing could not be effected safely and without disturbance to fur seals, then the landing should not take place.
128. Davis, supra note 77.
129. All CCAS parties are also signatories the Madrid Protocol.
130. However, one commentator suggests it is unlikely there'll be action from the CCAS parties; Richardson, supra note 33.
131. Bowen, supra note 38.
132. It is illegal for Australians, for example, to participate in commercial sealing activities under the Antarctic Seals Conservation Regulations 1986 (as amended 24.11.02) §398 (AUSH).
133. This is a concept taken up generally in Eileen O'Rourke, The Reintroduction and Reinterpretation of the Wild, 13:1 JOURNAL OF AGRICULTURAL AND ENVIRONMENTAL ETHICS 145 (2000).
134. See generally Barbara Paterson, Ethics for Wildlife Conservation: Overcoming the Human-Nature Dualism, 56:2 BIOSCIENCE 144 (2006).
135. Tony Prato, Accounting for uncertainty in making species protection decisions, 19:3 CONSERVATION BIOLOGY 806 (2005).
136. This condition of assigning non-moral intrinsic value to species is taken up by Albert W. Musschenga, Naturalness: Beyond animal welfare 15:2 JOURNAL OF AGRICULTURAL AND ENVIRONMENTAL ETHICS 171 (2002).
137. Id. at 184.
138. Just providing evidence of population increase and stability will not be sufficient; see Sanjay Pyare & Joel Berger, Beyond demography and delisting: Ecological recovery for Yellowstone's grizzly bears and wolves, 11 BIOLOGICAL CONSERVATION 63 (2003).