Whales beyond jurisdictions – sentinels of the high seas

The high seas, regions beyond national jurisdiction, encompass over 60% of the global ocean and serve as critical habitats for diverse marine species, including migratory whales. Many whale species, such as humpback whales, traverse multiple national waters during migration and spend substantial portions of their lives in the high seas. Humpback whales, as a cosmopolitan species, often reside in areas outside countries' Exclusive Economic Zones (EEZs) for over half of their lifetimes; in the Southern Hemisphere alone, they migrate through the waters of nearly 30 countries.

With whale protection laws varying significantly across jurisdictions, coordinating conservation efforts remains a challenge, despite international agreements like the Convention on the Conservation of Migratory Species of Wild Animals aiming to unify protection. Whale populations are particularly susceptible to ship strikes, noise pollution, and climate change, which collectively disrupt key behaviors such as feeding, breeding, and migration. As part of the Whales and Climate research program, we have studied the movements of Southern Hemisphere humpback whales in response to climate and environmental stressors. Our findings indicate notable shifts in migration timing, locations, and feeding patterns, highlighting the importance of forecasting whale movements and integrating these patterns into future conservation strategies.

Our case study evaluates current whale protection laws within both international and national frameworks, focusing specifically on Australia, South Africa, and Chile. While there is broad awareness of issues such as entanglement and vessel strikes in policy discussions, many protective measures remain insufficient or entirely absent. This gap illustrates a pronounced disconnect between scientific findings and governance. The challenge of enforcing regulations is consistent across all three nations. Finally, the study examines how the legal frameworks in Australia, South Africa, and Chile might evolve to address the dynamic challenges posed by climate change, ensuring the long-term protection of humpback whale. We advocate for a coordinated global approach to high-seas governance building on the experience from national legal frameworks to protect whale populations and the broader marine ecosystems they support.