Migratory Species

Most fish stocks migrate. This has important implications given that different States have jurisdiction at different points along their migration routes. UNCLOS' approach to fisheries management and conservation is based on the migratory characteristics of different species. The Convention designates five categories: highly migratory, anadromous, catadromous, marine mammals and sedentary species.

 

Marine migratory species are also protected under the Bonn Convention on the Conservation of Migratory Species of Wild Animals (CMS). CMS defines migratory species as those 'which cyclically and predictably cross one or more national jurisdictional boundaries' (Article I). Thus, the definition excludes migratory species that are found exclusively in the high seas. Parties to the Convention must prohibit the taking of animals listed in Appendix I. Exceptions may be made for scientific purposes or for the needs of traditional subsistence hunting, provided that they are precise in content, limited in space and time and do not operate to the disadvantage of species concerned (Article III(5)). Parties should also endeavour to conserve and, where feasible, restore the important habitat of Appendix I species; to prevent, remove, compensate for or minimise the adverse effects of activities or obstacles that seriously impede or prevent migration; and finally to prevent, reduce or control factors which endanger or are likely to endanger these species, including stricter controlling the introduction of exotic species and controlling, limiting or eliminating those exotic species which have already been introduced (Article III(4)).

 

Co-operation among range States for the protection of migratory species is essential. It is an obligation under CMS (Appendix II) and agreements have already been concluded to protect small cetaceans in the Baltic and North Seas (UNEP/ASCOBANS), cetaceans in the Black Sea, Mediterranean Sea and Contiguous Atlantic Area (ACCOBAMS), seals in the Wadden Sea and marine turtles.