Document ID: chunk:federal_register_of_legislation:F2013L00289:body:0:p12
Version: federal_register_of_legislation:F2013L00289
Segment Type: other
Provision Reference: 
Character Range: 35772–39017

to more accurately measure recovery in the future enhanced  All targets met                                                    Excellent
Moderately successful                      Population/s increasing; ability to more accurately measure recovery in the future enhanced                      At a minimum targets 1.1, 1.2, 2.1, 2.2, 3.3, 4.1 and 5.1 are met  Sound
Moderately unsuccessful                    Population/s increasing, ability to more accurately measure recovery in the future not enhanced                  At a minimum targets 1.1, 1.2, 2.1, 2.2, and 4.1 are met           Adequate
Unsuccessful                               Population/s smaller than in 2010, OR current protection measures are not maintained                             Any of targets 1.2, 2.2, or 4.1 not met                            Failure

2. Legal Framework
2.1 International Conventions and Agreements
The southern right whale is afforded a degree of international protection through its listing on Appendix I of the Convention on International Trade in Endangered Species (CITES), Appendix I of the Convention on the Conservation of Migratory Species of Wild Animals (CMS). This species is now listed as Least Concern under the World Conservation Union Red List of Threatened Species which recognises the recent increase in population as an indication that this species is not at risk at a southern hemispheric level.

In addition, Australia participates in several other international agreements that directly or indirectly relate to the conservation of marine mammals. Specifically, Australia was a founding member of the IWC, is the host country of the Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR), and a key player in Antarctic Treaty Consultative Meetings (ATCM).

Whales are protected from commercial whaling by the International Convention for the Regulation of Whaling through the moratorium on commercial whaling implemented in 1986. The IWC has also established international sanctuaries in the Indian Ocean and Southern Ocean.

Australia is also a member of the CMS Memorandum of Understanding for the Conservation of Cetaceans and their Habitats in the Pacific Islands Region (the Pacific Cetaceans MoU). Through this Pacific Cetaceans MoU, the Pacific Islands region seeks to foster cooperation, build capacity and ensure coordinated region-wide conservation for cetaceans and their habitats, as well as to safeguard the cultural values cetaceans have for the people of the Pacific Islands.

2.2 National Legislation and Management Arrangements
In Australia, southern right whales are listed as endangered under the EPBC Act. The EPBC Act established the Australian Whale Sanctuary and gives high levels of protection to cetaceans in Commonwealth waters. The Australian Whale Sanctuary encompasses the area of the Australian Exclusive Economic Zone (EEZ) outside state waters and generally extends 200 nautical miles from the coast, but further in some areas to cover the continental shelf and slope. It also includes the waters around the Australian Antarctic Territory and external territories including Christmas, Macquarie, Heard and McDonald Islands.

Within the Australian Whale Sanctuary it is an