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    Recommended Pathway for CCAMLR Consideration of Antarctic Specially Protected and Antarctic Specially Managed Areas that contain a Marine Area

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    Document Number:
    SC-CAMLR-43/08
    Author(s):
    Delegation of the United States of America
    Submitted By:
    Ms Ona Hahs (United States of America)
    Approved By:
    Ms Ona Hahs (United States of America)
    Abstract

    Article 6(2) of Annex V of the Protocol on Environmental Protection to the Antarctic Treaty (the Protocol) states that “no marine area shall be designated as an Antarctic Specially Protected Area or an Antarctic Specially Managed Area without the prior approval of the Commission for the Conservation of Antarctic Marine Living Resources.” Multiple Antarctic Treaty Consultative Meetings (ATCMs) and meetings of the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) have worked to develop an appropriate process for getting CCAMLR approval.  ATCM XXVII adopted Decision 9 (2005), which defines the term “marine area” in a manner that creates criteria for determining when CCAMLR approval is needed. The Guide to the Preparation of Management Plans for Antarctic Specially Protected Areas (the Guide) annexed to ATCM Resolution 1 (2024) sets out a mechanism for seeking that approval. However, that mechanism relies upon the proponent for the Antarctic Specially Protected Area (ASPA) or Antarctic Specially Managed Area (ASMA) to manage the information flows, and there is not perfect overlap between Antarctic Treaty Consultative Parties and CCAMLR Members. Further, the proponent-driven process is necessarily somewhat ad hoc, and can be inefficient and add extra time to the process.  This Working Paper recommends a workflow pathway for transmitting an ATCM-proposed ASPA or ASMA designation and management plan between the ATCM and CCAMLR where the ASPA or ASMA contains a marine area.