A Protocol extending the Interim Convention on Conservation of North Pacific Fur Seals was signed on October 12, 1984. The Department of State, in consultation with the Department of Commerce, sought agreement among the Party Governments on certain modifications to the Convention. These negotiations resulted in a contemporaneous Statement that clarifies certain parts of the Convention, in light of the decline of the fur seal populations, current economic conditions, and other problems of fur seal conservation and utilization.

The Department of State and the Department of Commerce plan to recommend that the Senate give its advice and consent to the ratification of the 1984 Protocol. Alternatives included: extension of the Convention without modification; renegotiation; or expiration. In addition, during the ratification of the 1980 Protocol extending the Convention, the U.S. Senate requested a 1984 report on certain fur seal studies. This EIS includes the material requested by the Senate.

U.VA.

DEC 22 1989

LAW LIBRARY

SUMMARY

A Protocol extending the Interim Convention on Conservation of North Pacific Fur Seals for four years was signed by Party Governments on October 12, 1984. Attached to the Protocol is a Statement noting the concern of the Party Governments over the decline of the fur seal population, current economic conditions, and other problems of fur seal conservation and utilization. The Statement makes four major points: (1) that additional research is needed to further investigate the problem of entanglement of fur seals at sea, (2) that the Party Governments will take measures to prohibit the disposal at sea of synthetic material such as fishing nets and gear, which might lead to entanglement of fur seals in accordance with The Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, (3) that in the event of unforeseen circumstances, as noted by States of fur seal origin, it may be necessary to take special measures for the conservation and management of fur seals, and (4) that within two years after entry into force of the Protocol extending the Convention, a review will be conducted by the Party Governments on the operation of the Convention to determine what further arrangements would be desirable in order to achieve the objectives of the Convention.

The 1984 Protocol requires the advice and consent of the United States Senate. The Department of State and the Department of Commerce plan to recommend that the Senate give its advice and consent to the ratification of the Protocol.

The Statement addresses issues which were originally proposed by the United States as requiring modification of the Convention's text. The U.S. proposed modifications included: (1) adding a provision to Article V of the Convention which would specifically provide for independent action by harvesting nations to modify the North Pacific Fur Seal Commission's (NPFSC) recommended harvest levels under emergency conditions; (2) new emphasis in international research under the Convention on the causes and the prevention of fur seal mortality at sea due to entanglement in discarded fishing nets and gear and other debris; and (3) additional obligations of the Parties to prohibit and prevent the disposal of fishing nets, gear, and other debris at sea whcih might lead to fur seal entanglement.

During the negotiations with the other Party Governments a consensus could not be reached on the specific U.S. proposals. While there was general agreement that the concerns which the United States was raising were serious and valid, the general belief was that these conerns could be fully accomodated by the existing Convention language, and therefore, there was no purpose to be served in amending the Convention. In order to clarify and memorialize this understanding the Party Governments agreed to execute the Statement concurrent with the signing of the Protocol.

The original proposal to extend the Convention for six years was modified as a result of comments received on the draft EIS. Therefore, the United States proposed the extension of the Convention for four years to the other Parties. This proposal was accepted.

Extension of the Convention with the attached Statement is not expected to result in any adverse environmental effects which cannot be avoided. This proposal should benefit the maintenance and enhancement of the long-term productivity of the fur seal herds and the North Pacific and Bering Sea ecosystems of which they form a part. There are no irreversible or irretrievable commitments of resources involved in this proposal should it be implemented. The Department of State and the Department of Commerce remain

committed to the view that this Convention continues to provide the best protection to the northern fur seal throughout its range.

Recent data on the migration routes and population status of this species confirm the need for international conservation and management mechanisms. Data and analyses, developed since the last extension of this Convention, indicate that the Pribilof Island seal population is declining at the rate of 6.5 percent per year, and is below levels which would result in maximum productivity. The reduced and declining status of the population is not thought to be the result of the current harvest of subadult males conducted under the Convention; although studies on the effects of the harvest and its role, if any, on currently observed declines are continuing. There is also some preliminary evidence that discontinuing the harvest might impede a recovery to previous high levels of population. The population decline is due, at least in part, to increased mortality of fur seals at sea. This mortality includes deaths caused by entanglement in fishing debris in the North Pacific Ocean and Bering Sea. If entanglement is a major cause of mortality, the population is likely to experience a continuing decline since existing net debris will probably remain at sea for many years.

An increase in international research and cooperation on methods to solve the entanglement problem is crucial to the maintenance of the northern fur seal population. The United States sponsored an international scientific and technical workshop on The Fate and Impact of Marine Debris, in November 1984, which will lead to new avenues for directed research on this problem.

Alternatives to the proposed action included: (1) extending the Convention without the Statement expressing the Party Governments' concerns. International management and prohibitions on pelagic sealing would be continued, but there would be no agreement on the need for additional research on fur seal entanglement. No added flexibility would be provided concerning possible adjustments to harvest levels; (2) renegotiating the Convention. This alternative could involve either a temporary or permanent reduction or suspension of the seal harvest on the Pribilof Islands. The employment levels and future economic development of the Aleut residents of the Islands would be adversely affected. A recovery of the fur seal population may be impeded by any alteration of the current harvest strategies. All other Party Governments are opposed to a renegotiation. This alternative action would result in a termination of this treaty; (3) allowing the Convention to expire in 1984. This would result in the end of the United States harvest of northern fur seals, except that allowed for subsistence purposes by the Aleuts and other Alaska natives. The Aleut residents of the Pribilof Islands could experience severe social and economic impacts from a loss of harvest jobs and income. An end to the male harvest on St. Paul Island could result in an increase in pup mortality on land at a time when the Pribilof Island population is experiencing a significant decline in productivity. Ending the harvest may impede the recovery of the northern fur seal population. International management and research programs for this highly migratory species would end.

On June 11, 1981, the U.S. Senate gave its advice and consent to ratification of the 1980 Protocol with the understanding that appropriate studies should be undertaken to determine (1) fur seal feeding habits, food requirements, migration and distribution; (2) the impact of possible adjustments in the size of the harvest; and (3) the impact of alternative employment for Pribilof Island residents on the residents, the fur seal herd and the Bering Sea ecosystem and means of promoting alternative employment opportunities. This final EIS incorporates our report to Congress on the results of these studies.