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Agreed Measures for the Conservation of Antarctic Fauna and
Flora

Done at Brussels 2 June 1964

Entered into force 1 November 1982

The Representatives, taking into consideration Article IX of the
Antarctic Treaty, and recalling Recommendation I-VIII of the
First Consultative Meeting and Recommendation II-II of the
Second Consultative Meeting, recommend to their Governments that
they approve as soon as possible and implement without delay the
annexed "Agreed Measures for the Conservation of Antarctic Fauna
and Flora"

Preamble

The Governments participating in the Third Consultative Meeting
under Article IX of the Antarctic Treaty,

DESIRING to implement the principles and purposes of the
Antarctic Treaty;

RECOGNISING the scientific importance of the study of Antarctic
fauna and flora, their adaptation to their rigorous environment,
and their interrelationship with that environment;

CONSIDERING the unique nature of these fauna and flora, their
circumpolar range, and particularly their defencelessness and
susceptibility to extermination;

DESIRING by further international collaboration within the
framework of the Antarctic Treaty to promote and achieve the
objectives of protection, scientific study, and rational use of
these fauna and flora; and

HAVING PARTICULAR REGARD to the conservation principles
developed by the Scientific Committee on Antarctic Research
(SCAR) of the International Council of Scientific Unions;

Hereby consider the Treaty Area as a Special Conservation Area
and have agreed on the following measures;

Article I

1. These Agreed Measures shall apply to the same area to which
the Antarctic Treaty is applicable ( hereinafter referred to as
the Treaty Area) namely the Area south of 60 degrees South
Latitude, including all ice shelves.

However, nothing in these Agreed Measures shall prejudice or in
any way affect the rights, or the exercise of the rights, of any
state under international law with regard to the high seas
within the Treaty Area, or restrict the implementation of the
provisions of the Antarctic Treaty with respect to inspection.

2. The Annexes to these Agreed Measures shall form an integral
part thereof, and all references to the Agreed Measures shall be
considered to include the Annexes.

Article II

For the purposes of these Agreed Measures:

a) "Native mammal" means any member, at any stage of its life
cycle, of any species belonging to the Class Mammalia indigenous
to the Antarctic or occurring there through natural agencies of
dispersal, excepting whales;

b) "native bird" means any member, at any stage of its life
cycle (including eggs), of any species of the Class Aves
indigenous to the Antarctic or occurring there through natural
agencies of dispersal;

c) "native plant" means any kind of vegetation at any stage of
its life cycle (including seeds), indigenous to the Antarctic or
occurring there through natural agencies of dispersal;

d) "appropriate authority" means any person authorised by a
Participating Government to issue permits under these Agreed
Measures;

c) "permit" means a formal permission in writing issued by an
appropriate authority;

f ) "participating government" means any Government for which
these Agreed Measures have become effective in accordance with
Article XIII of these Agreed Measures

Article III

Each Participating Government shall take appropriate action to
carry out these Agreed Measures

Article IV

The Participating Governments shall prepare and circulate to
members of expeditions and stations information to ensure
understanding and observance of the provisions of these Agreed
Measures, setting forth in particular prohibited activities, and
providing lists of specially protected species and specially
protected areas.

Article V

The provisions of these Agreed Measures shall not apply in cases
of extreme emergency involving possible loss of human life or
involving the safety of ships or aircraft.

Article VI

1. Each Participating Government shall prohibit within the
Treaty Area the killing, wounding, capturing or molesting of any
native mammal or native bird or any attempt at any such act,
except in accordance with a permit.

2. Such permits shall be drawn in terms as specific as possible
and issued only for the following purposes;

a) to provide indispensable food for men or dogs in the Treaty
Area in limited quantities, and in conformity with the purposes
and principles of these Agreed Measures;

b) to provide specimens for scientific study or scientific
information;

c) to provide specimens for museums, zoological gardens, or
other educational or cultural institutions or uses.

3. Permits for Specially Protected Areas shall be issued only in
accordance with the provisions of Article VIII.

4. Participating Governments shall limit the issue of such
permits so as to ensure as far as possible that:

a) no more native mammals or birds are killed or taken in any
year than can normally be replaced by natural reproduction in
the following breeding season;

b) the variety of species and the balance of the natural
ecological systems existing within the Treaty Area are
maintained.

5. The species of native mammals and birds listed in Annex A of
these Measures shall be designated "Specially Protected
Species", and shall be accorded special protection by
Participating Governments.

6. A Participating Government shall not authorise an appropriate
authority to issue a permit with respect to a Specially
Protected Species except in accordance with paragraph 7 of this
Article.

7. A permit may be issued under this Article with respect to a
Specially Protected Species, provided that:

a) it is issued for a compelling scientific purpose, and;

b) the actions permitted thereunder will not jeopardise the
existing natural ecological system or the survival of that
species.

Article VII

1. Each Participating Government shall take appropriate measures
to minimize harmful interference within the Treaty Area with the
normal living conditions of any native mammal or bird, or any
attempt at such harmful interference, except as permitted under
Article VI.

2. The following acts and activities shall be considered as
harmful interference:

a) allowing dogs to run free;

b) flying helicopters or other aircraft in a manner which would
unnecessarily disturb bird and seal concentrations, or landing
close to such concentrations (eg. within 200 metres);

c) driving vehicles unnecessarily close to concentrations of
birds and seals (e.g. within 200 metres);

d) use of explosives close to concentrations of birds and seals;

e) discharge of firearms close to bird and seal concentrations
(e.g. within 300 metres);

f) any disturbance of bird and seal colonies during the breeding
period by persistent attention from persons on foot.

However, the above activities, with the exception of those
mentioned in a) and e) may be permitted to the minimum extent
necessary for the establishment, supply and operation of
stations.

3. Each Participating Government shall take all reasonable steps
towards the alleviation of pollution of the waters adjacent to
the coast and ice shelves.

Article VIII

1. The areas of outstanding scientific interest listed in Annex
B shall be designated "Specially Protected Areas" and shall be
accorded special protection by the Participating Governments in
order to preserve their unique natural ecological system.

2. In addition to the prohibitions and measures of protection
dealt with in other Articles of these Agreed Measures, the
Participating Governments shall in Specially Protected Areas
further prohibit:

a) the collection of any native plant, except in accordance with
a permit;

b) the driving of any vehicle.

3. A permit issued under Article VI shall not have effect within
a Specially Protected Area except in accordance with paragraph 4
of the present Article.

4. A permit shall have effect within a Specially Protected Area
provided that:

a) it was issued for a compelling scientific purpose which
cannot be served elsewhere; and

b) the actions permitted thereunder will not jeopardise the
natural ecological system existing in that Area

Article IX

1. Each Participating Government shall prohibit the bringing
into the Treaty Area of any species of animal or plant not
indigenous to that Area, except in accordance with a permit.

2. Permits under paragraph 1 of this Article shall be drawn in
terms as specific as possible and shall be issued to allow the
importation only of the animals and plants listed in Annex C.
When any such animal or plant might cause harmful interference
with the natural system if left unsupervised within the Treaty
Area, such permits shall require that it be kept under
controlled conditions and, after it has served its purpose, it
shall be removed from the Treaty Area or destroyed.

3. Nothing in paragraphs 1 and 2 of this Article shall apply to
the importation of food into the Treaty Area so long as animals
and plants used for this purpose are kept under controlled
conditions.

4. Each Participating Government undertakes to ensure that all
reasonable precautions shall be taken to prevent the accidental
introduction of parasites and diseases into the Treaty Area. In
particular, the precautions listed in Annex D shall be taken.

Article X

Each Participating Government undertakes to exert appropriate
efforts, consistent with the Charter of the United Nations, to
the end that no one engages in any activity in the Treaty Area
contrary to the principles or purposes of these Agreed Measures.

Article XI

Each Participating Government whose expeditions use ships
sailing under flags of nationalities other than its own shall,
as far as feasible, arrange with the owners of such ships that
the crews of these ships observe these Agreed Measures.

Article XII

1. The Participating Governments may make such arrangements as
may be necessary for the discussion of such matters as:

a) the collection and exchange of records (including records of
permits) and statistics concerning the numbers of each species
of native mammal and bird killed or captured annually in the
Treaty Area;

b) the obtaining and exchange of information as to the status of
native mammals and birds in the Treaty Area, and the extent to
which any species needs protection;

c) the number of native mammals or birds which should be
permitted to be harvested for food, scientific study, or other
uses in the various regions;

d) the establishment of a common form in which this information
shall be submitted by Participating Governments in accordance
with paragraph 2 of this Article.

2. Each Participating Government shall inform the other
Governments in writing before the end of November of each year
of the steps taken and information collected in the preceding
period of July 1st to June 30th relating to the implementation
of these Agreed Measures. Governments exchanging information
under paragraph 5 of Article VII of the Antarctic Treaty may at
the same time transmit the information relating to the
implementation of these Agreed Measures.

Article XIII

1. After the receipt by the Government designated in
Recommendation I-XIV (5) of notification of approval by all
Governments whose representatives are entitled to participate in
meetings provided for under Article IX of the Antarctic Treaty,
these Agreed Measures shall become effective for those
Governments.

2. Thereafter any other Contracting Party to the Antarctic
Treaty may, in consonance with the purposes of Recommendation
III-VII, accept these Agreed Measures by notifying the
designated Government of its intention to apply the Agreed
Measures and to be bound by them. The Agreed Measures shall
become effective with regard to such Governments on the date of
receipt of such notification.

3. The designated Government shall inform the Governments
referred to in paragraph 1 of this Article of each notification
of approval, the effective date of these Agreed Measures and of
each notification of acceptance. The designated Government shall
also inform any Government which has accepted these Agreed
Measures of each subsequent notification of acceptance.

Article XIV

1. These Agreed Measures may be amended at any time by unanimous
agreement of the Governments whose Representatives are entitled
to participate in meetings under Article IX of the Antarctic
Treaty.

2. The Annexes, in particular, may be amended as necessary
through diplomatic channels.

3. An amendment proposed through diplomatic channels shall be
submitted in writing to the designated Government which shall
communicate it to the Governments referred to in paragraph 1. of
the present Article for approval; at the same time, it shall be
communicated to the other Participating Governments.

4. Any amendment shall become effective on the date on which
notifications of approval have been received by the designated
Government from all of the Governments referred to in paragraph
1. of this article.

5. The designated Government shall notify those same Governments
of the date of receipt of each approval communicated to it and
the date on which the amendment will become effective for them.

6. Such amendment shall become effective on that same date for
all other Participating Governments, except those which, before
the expiry of two months after that date notify the designated
Government that they do not accept it.

ANNEXES TO THESE AGREED MEASURES

Annex A

SPECIALLY PROTECTED SPECIES

...............

Annex B

SPECIALLY PROTECTED AREAS

...............

Annex C

IMPORTATION OF ANIMALS AND PLANTS

The following animals and plants may be imported into the Treaty
Area in accordance with permits issued under Article IX (2) of
these Agreed Measures:

a) sledge dogs;

b) domestic animals and plants;

c) laboratory animals and plants.

Annex D

PRECAUTIONS TO PREVENT ACCIDENTAL INTRODUCTION OF PARASITES AND
DISEASES INTO THE TREATY AREA

The following precautions shall be taken:

1. Dogs: All dogs imported into the Treaty Area shall be
inoculated against the following diseases:

a) distemper;

b) contagious canine hepatitis;

c) rabies

d) leptospirosis (L. canicola and L. icterohaemorrhagicae).

Each dog shall be inoculated at least two months before the time
of its arrival in the Treaty Area.

2. Poultry: Notwithstanding the provisions of Article IX (3) of
these Agreed Measures, no living poultry shall be brought into
the Treaty Area after July 1st 1966.