Aside from the treaty, Antarctica has been addressed in many legal contexts, not the least of which being a practically universal maritime law and traditions. The kill would be an anticlimax. They are generally meek creatures with no fear of humans. Unfortunately, in some cases, no even remoteness stopped the killing of some penguins. Penguin hunt is ancient. It is possible that the native peoples of New Zealand and southern Africa, Australia and South America have regularly killed those nesting near them; not as entertainment, but as a form of subsistence.
Legally you cannot eat penguins in most countries because of the Antarctic Treaty of People such as explorers did used to eat them, so it is possible. Eating too many could lead to mercury toxicity. Word games. Is penguin hunting legal? Can you kill and eat a penguin? Unfortunately, in some cases, no even remoteness stopped the killing of some penguins. Penguin hunt is ancient. It is possible that the native peoples of New Zealand and southern Africa, Australia and South America have regularly killed those nesting near them; not as entertainment, but as a form of subsistence.
Since they have few natural predators to flee from and they cannot fly, catching them is relatively easy. Typically, the body of a penguin provides oil, eggs, meat, bones, feathers and skin. This latter, although it may not seem as useful as the skin of Arctic mammals, is thick and has been used to make several garments. From the first sightings of penguins in the fifteenth century, Europeans began to hunt them at massive quantities. The practice increased over the following centuries, and seal hunters also added penguins to their infamous industry.
Those hunters used mainly the fat, from which they could obtain an expensive oil. The nineteenth and early twentieth centuries were the most prolific in commercial penguin hunting.
At that time, its oil was an economically valuable resource for being useful as fuel, lighting material and for tanning leather. Group foraging may also be an anti-predator behavior. Penguins hunting alongside one another may compete for prey. Biologists have recorded at least one instance of a penguin a gentoo, specifically trying to actively steal another's catch. It's thought that the strikingly contrasting black-and-white patterns of banded penguins may be an adaptation to confusing schooling baitfish.
While the above-mentioned study on Australian little penguins showed them quite capable of grabbing fish from above or from the side, penguins in general often catch prey from below. Emperor penguins foraging under Antarctic ice, for example, dive to a modest depth and then rise up to catch fish against the underside of the sea ice.
While a tendency to grab prey from below may partly be simply a function of its greater visibility from that orientation, there may be other factors involved. A study on gentoo penguins in the Falkland Islands showed that one prey item, the lobster krill, engaged in active defense with its pincers.
Rushing krill from below, therefore, might be a way to ambush the crustacean before it has a chance to fight back. Another study, incidentally, showed Magellanic penguins swam through masses of lobster krill not to munch the krill themselves but instead anchovies and other fish feeding on them.
Some evidence suggests that penguins may clue into these gatherings to find prey. The study on little penguins in Australia, which assessed their foraging strategies by attaching video cameras to the birds themselves, suggested the possibility that the penguins spotted and followed short-tailed shearwaters on the wing to locate fish schools.
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