U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

69–118 

" ! SENATE 110TH CONGRESS

2d Session 

TREATY DOC. 

2008

110–22 

AGREEMENT ON CONSERVATION OF ALBATROSSES 

AND PETRELS 

MESSAGE 

FROM

THE PRESIDENT OF THE UNITED STATES 

TRANSMITTING

AGREEMENT ON THE CONSERVATION OF ALBATROSSES AND 

PETRELS, WITH ANNEXES, DONE AT CANBERRA, JUNE 19, 2001 

SEPTEMBER 26, 2008.—Treaty was read the first time, and together with 

the accompanying papers, referred to the Committee on Foreign Relations and ordered to be printed for the use of the Senate. 


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LETTER OF TRANSMITTAL 

THE WHITE HOUSE, September 26, 2008. 

To the Senate of the United States: 

With a view to receiving the advice and consent of the Senate to 

accession, I transmit herewith the Agreement on the Conservation 

of Albatrosses and Petrels, with Annexes. In addition, I transmit 

for the information of the Senate the report of the Department of 

State, which includes a detailed analysis of the Agreement. 

The Agreement, done at Canberra on June 19, 2001, and that entered into force on February 1, 2004, was adopted pursuant to the 

Convention on the Conservation of Migratory Species of Wild Animals (the ‘‘Convention’’), done at Bonn on June 23, 1979. Although 

the United States not a Party to the Convention, the United States 

may nonetheless become a Party to the Agreement. The Agreement’s objective is to achieve and maintain a favorable conservation status for albatrosses and petrels. 

I believe the Agreement to be fully in the U.S. interest. Its provisions advance the U.S. goals of protecting albatrosses and petrels. 

As the Department of State’s analysis explains, the Agreement is 

not self-executing and thus does not by itself give rise to domestically enforceable Federal law. Implementing legislation would be 

required, which will be submitted separately to the Congress for its 

consideration. 

I recommend that the Senate give early and favorable consideration to the Agreement and give its advice and consent to accession. 

GEORGE W. BUSH. 


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LETTER OF SUBMITTAL 

DEPARTMENT OF STATE, Washington, August 22, 2008. 

THE PRESIDENT, 

The White House. 

THE PRESIDENT: I have the honor to submit to you the Agreement on the Conservation of Albatrosses and Petrels, with Annexes, done at Canberra June 19, 2001 (the Agreement). The 

Agreement, which entered into for February 1, 2004, sets forth provisions relating to the conservation of albatrosses and petrels. A detailed analysis is enclosed. I recommend that the Agreement be 

transmitted to the Senate for its advice and consent to accession. 

The parties to the Agreement commit to take conservation measures to achieve the primary objective of the Agreement, which is 

to achieve and maintain a favorable conservation status for 

albatrosses and petrels. The Agreement also facilitates research, 

information exchange, technology transfer, and capacity building 

among the Parties and through regional fisheries management organizations. 

The Agreement is not intended to be enforceable directly in U.S. 

court. The Agreement will require implementing legislation, which 

will be submitted shortly to Congress for its consideration. All interested departments and agencies join the Department of State in 

recommending that the Agreement be transmitted to the Senate as 

soon as possible for its advice and consent to accession. 

Respectfully submitted, 

CONDOLEEZZA RICE. 

Enclosures: As stated 

ARTICLE-BY-ARTICLE ANALYSIS OF THE AGREEMENT ON THE

CONSERVATION OF ALBATROSSES AND PETRELS

The Agreement on the Conservation of Albatrosses and Petrels, 

with Annexes, done at Canberra June 19, 2001 (the Agreement), is 

‘‘Agreement’’ within the meaning of Article IV(3) of the Convention 

on the Conservation of Migratory Species of Wild Animals, done at 

Bonn June 23, 1979 (the Convention). Although the United States 

is not a party to the Convention, Article V(2) of the Convention recognizes that non-parties to the Convention may become parties to 

Agreements referred to in Article IV(3). In other words, there is no 

legal barrier to the United States becoming a party to the Agreement without being a party to the Convention. Similarly, the 

United States would have no obligation to become a party to the 

Convention by virtue of being a party to the Agreement. 


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Legislation will be required for the United States to implement 

many of the provisions of the Agreement. Draft implementing legislation has been prepared and will be submitted to the appropriate 

congressional committees. The following analysis provides a review 

of the salient aspects of the Agreement. 

ARTICLE I

Article I includes a provision on the Agreement’s scope, as well 

as several definitions and interpretations. For example, the Agreement only applies to the species of albatrosses and petrels listed in 

Annex 1 to the Agreement and to their ranges as defined in Article 

I(2)(i). 

In addition, conservation status of a migratory species will be 

taken as ‘‘favorable’’ when a series of conditions are met, relating 

to population dynamics, the range of the species, sufficiency of 

habitat, and the distribution and abundance of the species. 

Article I also provides that the annexes to the Agreement form 

an integral part thereof. 

ARTICLE II

Article II establishes the Agreement’s objective. The objective is 

to ‘‘achieve and maintain a favorable conservation status for 

albatrosses and petrels.’’ Article II provides that the Parties are to 

‘‘take measures, both individually and together, to achieve this objective.’’ It also states that, in implementing such measures, the 

Parties are to widely apply the precautionary approach. The Article 

sets forth a common approach to precaution, i.e., that ‘‘where there 

are threats of serious or irreversible adverse impacts or damage, 

lack of full scientific certainty shall not be used as a reason for 

postponing measures to enhance the conservation status of 

albatrosses and petrels.’’ 

ARTICLE III

Article III sets forth a series of actions that the Parties, individually and together, are to take in furtherance of the obligation to 

take measures to achieve and maintain a favorable conservation 

status for albatross and petrels. 

Article III also requires a Party to prohibit the deliberate taking 

of, or deliberate harmful interference with, albatrosses and petrels, 

their eggs, or their breeding sites. 

Article III permits a Party to grant an exemption to these prohibitions, but only if there is no other satisfactory course of action 

and the exemption is made for one of four enumerated purposes. 

A Party granting such an exemption is to submit full details of the 

exemption to the Secretariat as soon as possible. 

The Agreement does not apply to sovereign immune vessels and 

aircraft, consistent with customary international law. Because the 

Agreement does not reflect this exclusion, it is recommended that 

the United States include the following understanding in its instrument of ratification: 

It is the understanding of the United States of America 

that the Agreement does not apply to vessels and aircraft 

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national law, in particular to any warship, naval auxiliary, 

and other vessels or aircraft owned or operated by a State 

and used, for the time being, only on government, noncommercial service. However, it is also the understanding 

of the United States of America that each Party shall ensure, by the adoption of appropriate measures not impairing operations or operational capabilities of such vessels or 

aircraft owned or operated by it, that such vessels or aircraft act in a manner consistent, so far as is reasonable 

and practicable, with this Agreement. 

Article III also provides that, in furtherance of their obligation 

to take measures to achieve and maintain a favorable conservation 

status for albatrosses and petrels, the Parties are to progressively 

implement the Action Plan. 

ARTICLE IV

Article IV provides that Parties are to give priority to capacity 

building for the implementation of the Agreement through funding, 

training, information, and institutional support. The Article does 

not impose any funding obligations. 

ARTICLE V

Article V describes the ways that the Parties are to cooperate, including through exchanges of information, training, and implementation of education and awareness programs. 

ARTICLE VI

Article VI provides that Annex 2 of the Agreement is to have effect as an Action Plan for the achievement and maintenance of a 

favorable conservation status for albatrosses and petrels, and that 

progress in implementing the Action Plan is to be assessed at each 

session of the Meeting of the Parties. 

ARTICLE VII

Article VII contains several provisions on implementation and financing. Each Party is required to designate an authority or authorities to undertake, monitor, and control all activities carried on 

with a view to the supervision, application, and enforcement of the 

Agreement. These authorities are to monitor all activities that may 

have an impact on the conservation status of those albatrosses and 

petrels for which the Party is a Range State. 

Article VII(2) provides that decisions relating to the budget and 

scale of contributions for the operation of the Secretariat are to be 

adopted by the Meeting of the Parties by consensus. The term ‘‘consensus’’ in the practice of multilateral bodies means the adoption 

of a resolution or a decision without a vote in the absence of any 

formal objection or opposition. Contributions for the operation of 

the secretariat are mandatory. The Meeting of the Parties may also 

establish a fund from voluntary contributions for work relating to 

the conservation of albatrosses and petrels. Annual appropriations 

will be necessary for the United States to meet the mandatory contribution obligation, which for the United States would be approximately $100,000. 


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ARTICLE VIII

Article VIII contains several provisions on the Meeting of the 

Parties, which is the decision-making body of the Agreement. Except as otherwise provided in the Agreement (such as with respect 

to the budget, as noted above), decisions of the Meeting of the Parties are to be adopted by consensus or, if consensus cannot be 

achieved, by a two-thirds majority of the Parties present and voting. At any of its sessions, the Meeting of the Parties may, among 

other things, adopt measures to improve the effectiveness of the 

Agreement and emergency measures as set forth in Article 

VIII(13)(c). The Agreement does not authorize the Meeting of the 

Parties to adopt measures for albatrosses and petrels that are binding under international law; new binding measures would need to 

be effectuated through amendments. Article VIII provides that the 

Meeting of the Parties may consider and decide upon proposals to 

amend the Agreement, Annex 1, or Annex 2 (the Action Plan). As 

provided in Article XII, the adoption of an amendment of any of 

these instruments requires a two-thirds majority of the Parties 

present and voting. 

Article VIII further includes a provision that would allow for Taiwan to be legally bound by the Agreement. 

ARTICLE IX

Article IX provides for the establishment of an Advisory Committee to provide expert advice and information to the Parties, the 

Secretariat, and others. 

ARTICLE X

Article X lists the functions of the Secretariat, such as arranging 

and servicing the sessions of the Meeting of the Parties and the 

meetings of the Advisory Committee. 

ARTICLE XI

Article XI provides for cooperation and coordination with relevant international, regional, and sub-regional bodies, including 

those concerned with the conservation and management of seabirds 

and their habitats and other marine living resources. It provides, 

inter alia, that the Secretariat may, with the approval of the Meeting of the Parties, enter into arrangements with other organizations and institutions. 

ARTICLE XII

Article XII covers amendment of the Agreement. An amendment 

to the Agreement may be adopted at any ordinary or extraordinary 

session of the Meeting of the Parties, by a two-thirds majority of 

the Parties present and voting. An amendment to the body of the 

Agreement only applies to those Parties affirmatively accepting the 

amendment. 

Any additional Annex or amendment to any Annex may be 

adopted by a two-thirds majority of the Parties present and voting. 

Additional annexes or amendments to existing annexes enter into 

force for all Parties ninety days after adoption, except that a Party 

may, within those ninety days, enter a reservation with respect to 


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an additional annex or amendment of an existing annex. In the 

event that an additional annex or amendment to any annex were 

to be adopted that was of such a nature that it would need to be 

sent to the Senate for advice and consent in order for the United 

States constitutionally to be bound by it, the Executive Branch 

would take the necessary steps to ensure that such an annex or 

amendment did not enter into force for the United States absent 

such advice and consent. A Party may withdraw a reservation at 

any time and, by doing so, become bound by such an annex or 

amendment. 

ARTICLE XIII

Article XIII provides that nothing in the Agreement derogates 

from the rights and obligations of any Party deriving from existing 

international treaties, particularly in relation to the United Nations Convention on the Law of the Sea, and also the Antarctic 

Treaty and the Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR), especially Article IV of the last 

two instruments. 

Article XIII provides that, with respect to the Antarctic Treaty 

area, all Parties, whether or not they are Parties to the Antarctic 

Treaty, shall be bound by Articles IV and VI of the Antarctic Treaty in their relations with each other. Article XIII also provides that 

nothing in the Agreement, and no acts or activities taking place 

while the Agreement is in force, may be interpreted as a renunciation or diminution by any Party of, or as prejudicing, any right 

or claim or basis of claim to territorial sovereignty or to the exercise of coastal state jurisdiction under international law; or may interpreted as prejudicing the position of any Party as regards its 

recognition or non-recognition of any such right, claim or basis of 

claim. This provision is consistent with Article IV of the Antarctic 

Treaty. 

Article XIII provides that Parties are to adopt measures for reducing the incidental taking of albatrosses and petrels agreed to by 

regional fisheries organizations, or other organizations managing 

marine living resources more generally, such as the Commission for 

the Conservation of Antarctic Marine Living Resources (the Commission). The United States is a member of the Commission and 

of all other regional fisheries organizations that regulate fisheries 

in which U.S. fishing vessels operate. 

Further, Article XIII provides that the Agreement does not affect 

the right of any Party to maintain or adopt stricter measures for 

the conservation of albatrosses and petrels and their habitats. 

ARTICLE XIV

Article XIV calls upon Parties to cooperate in order to avoid disputes. Where a dispute between Parties is agreed by the Parties to 

be of a technical nature, the Parties are to confer with each other 

and the Chair of the Advisory Committee with a view to resolving 

the dispute amicably. If the Parties to such dispute are unable to 

resolve the dispute within twelve months of the Chair’s having 

been informed in writing of the dispute by one of the Parties, and 

if the Chair is of the view that prolongation of the dispute could 

have an adverse effect on the conservation status of albatrosses 


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and petrels, the Parties shall refer the dispute to a technical arbitration panel. The final decision of the technical arbitration panel 

will be binding on the Parties to the dispute. 

Any other dispute (i.e., a dispute that any party to the dispute 

considers nontechnical) is subject to the provisions of Article XIII 

of the Convention (whether or not parties to the dispute are Parties 

to the Convention). The Convention (Article XIII) provides for negotiation and arbitration, if all parties to the dispute consent. 

ARTICLE XV

Article XV provides for signature, ratification, acceptance, approval and accession. 

The Agreement is open to accession by the United States. 

ARTICLE XVI

Article XVI includes provisions on entry into force. The Agreement entered into force on February 1, 2004. To date, eleven countries have become Parties to the Agreement. 

ARTICLE XVII

Article XVII contains provisions for reservations. Although Article XII allows for a Party to enter a reservation regarding the addition of or an amendment to an existing annex, the Agreement’s 

provisions are not subject to general reservations. Upon signature 

or, as the case may be, upon ratification, acceptance, approval, or 

accession, a specific reservation may be entered in respect of any 

species covered by the Agreement, or in respect of any specific provision of the Action Plan. Such a reservation may be withdrawn at 

any time. 

A Party to the Agreement that is not a party to the Convention 

may make . declarations or statements to the effect of clarifying its 

status vis-a ́-vis either the Agreement or the Convention, provided 

that such declarations or statements do not purport to exclude or 

to modify the legal effect of the provisions of the Agreement in 

their application to that Party. Accordingly, it is recommended that 

the United States include the following declaration in its instrument of ratification: 

The United States is not a party to the Convention on the Conservation of Migratory Species of Wild Animals, done at Bonn June 

23, 1979. Accordingly, the United States of America shall not be 

bound by any provision of that Convention, except as provided in 

Article XIV, paragraph 5, of the Agreement. 

The United States does not intend to make any specific reservations upon accession to the Agreement. 

ARTICLE XVIII

Article XVIII provides that a Party may denounce the Agreement 

at any time upon twelve months’ notice. 

ARTICLE XIX

Article XIX names Australia as the Depositary of the Agreement. 


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ANNEX 1

Annex 1 lists the albatross and petrel species to which the Agreement applies. Pursuant to Article XII, this Annex may be amended 

to add or remove one or more albatross or petrel species. In November of 2006, the Meeting of the Parties amended Annex 1 to adjust 

the taxonomic nomenclature based upon internationally agreed taxonomic reclassifications of species. The Executive Branch proposes 

that the United States accede to the amended Agreement. 

ANNEX 2

Annex 2 contains the Action Plan. The Action Plan includes detailed provisions on species conservation, habitat conservation and 

restoration, management of human activities, research and monitoring, collation of information by the Advisory Committee, education and public awareness, and implementation. 

SECTION 1

Section 1 of the Action Plan contains provisions on species conservation. 

Section 1 provides that, in addition to actions specified in Article 

III and without prejudice to any obligations they may have under 

the Convention on International Trade in Endangered Species of 

Wild Fauna and Flora (CITES), the Parties are to prohibit the use 

of, and trade in, albatrosses and petrels or their eggs, or any readily recognizable parts or derivatives thereof. The Administration 

understands this provision to apply both to international use and 

trade as well as to use and trade within the United States and its 

territories. Section 1 also provides that Parties may grant exemptions to this prohibition according to the exemption provisions set 

forth in Article III(3) of the Agreement. 

Section 1 also provides that, in the event of a request by the Advisory Committee for a Meeting of Parties under the emergency 

provisions of Article IX(7), the Parties affected, in cooperation with 

each other and with any others, shall develop and implement emergency measures. The process for adopting and implementing such 

measures is set forth in Article IX(7). 

Section 1 also provides that the Parties are to take a precautionary approach when re-establishing albatrosses and petrels 

into parts of their traditional breeding range. In such cases, the 

Parties must develop and follow a detailed re-establishment 

scheme, based on the best scientific evidence. 

Section 1 also requires the Parties to take all feasible action to 

prevent the introduction into habitats, deliberately or otherwise, of 

non-native taxa of animals, plants or hybrids or disease-causing organisms that may be detrimental to populations of albatrosses and 

petrels. In addition, this Section requires Parties to take measures, 

to the extent feasible, to control and, where possible, eradicate nonnative taxa of animals or plants, or hybrids thereof, that are, or 

may be, detrimental to populations of albatrosses or petrels. 

SECTION 2

Section 2 contains provisions on habitat conservation and restoration. 


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A paragraph provides that, so far as appropriate and necessary, 

the Parties are to take such management action, and introduce 

such legislative and other controls, as will maintain populations of 

albatrosses and petrels at, or restore them to, favorable conservation status and prevent the degradation of habitats. 

Section 2 also includes provisions on land-based conservation, including the protection of breeding sites, as well as on the conservation of marine habitats. 

Section 2 also requires Parties to take special measures, individually and collectively, to conserve marine areas which they consider 

critical to the survival and/or restoration of species of albatrosses 

and petrels that have unfavorable conservation status. 

SECTION 3

Section 3 includes provisions on the management of human activities. 

Section 3 requires the Parties to assess the potential impact on 

albatrosses and petrels of policies, plans, programs and projects 

that they consider likely to affect the conservation status of 

albatrosses and petrels before any decision on whether to adopt 

such policies, plans, programs or projects, and to make the results 

of these assessments publicly available. 

Section 3 also requires Parties that are parties to other relevant 

treaties, such as CCAMLR, or members of relevant international 

organizations, such as FAO, to encourage the institutions of, and 

other parties to or members of such treaties or organizations, to 

give effect to the objective of the Agreement. 

Section 3 also requires the Parties to endeavor to adopt additional measures to combat illegal, unregulated and unreported fishing activities that may have an adverse effect on albatrosses and 

petrels. 

Section 3 also requires the Parties to take appropriate measures, 

within environmental conventions and by other means, to minimize 

the discharge of land-based sources and from vessels, of pollutants 

that may have an adverse effect on albatrosses and petrels either 

on land or at sea. 

Section 3 also requires the Parties to seek to manage, in ways 

consistent with the aims of the Agreement, mineral exploration and 

exploitation in waters under their jurisdiction which are frequented 

by albatrosses and petrels. 

Section 3 further requires the Parties, in both marine and terrestrial habitats, to seek to minimize disturbance of albatrosses and 

petrels, and to establish and maintain some areas that are kept 

free from disturbance. 

Section 3 also requires the Parties to seek to avoid or minimize 

disturbance caused . by tourism, and in particular by controlling 

the proximity of approach to breeding albatrosses or petrels. 

SECTION 4

Section 4 sets forth provisions on research and monitoring both 

at sea and on land. 

Section 4 requires Parties, through the use of at-sea observers on 

fishing vessels or through other appropriate methods, to collect reliable and, where possible, verifiable data to enable the accurate esVerDate Aug 31 2005 07:27 Sep 28, 2008 Jkt 069118 PO 00000 Frm 00012 Fmt 7633 Sfmt 6602 E:\HR\OC\TD022.XXX TD022

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timation of the nature and extent of albatross and petrel interactions with fisheries. 

SECTION 5

Section 5 contains provisions on the content of the reports of the 

Advisory Committee, including assessment of population trends, 

identification of important breeding sites, information on the foraging range and migration routes, identification and assessment of 

threats, review of data on mortality and several other topics. 

SECTION 6

Section 6 includes provisions on education, public awareness and 

training. 

SECTION 7

Section 7 contains provisions on implementation. This Section requires the Advisory Committee to develop conservation guidelines 

to assist with the implementation of the Action Plan. 


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