9 JULY 2004. - Act to the accession of Belgium: to the International Convention for the Regulation of Whale Hunting, and Regulations made in Washington on 2 December 1946; to the Protocol, made in Washington on 19 November 1956, to the International Convention for the Regulation of Whale Hunting, made in Washington on 2 December 1946 (1)
ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1
er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The King is authorized to accede to the International Convention for the Regulation of Whale Hunting, and to the Regulations, made in Washington on 2 December 1946, which will come out of their full and full effect.
Art. 3. The King is authorized to accede to the Protocol, made in Washington, D.C., on 19 November 1956, to the International Convention for the Regulation of Whale Hunting, made in Washington, D.C. on 2 December 1946.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 9 July 2004.
ALBERT
By the King:
Minister of Foreign Affairs,
L. MICHEL
Minister of the Environment,
Mrs. F. VAN DEN BOSSCHE.
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) Session 2004.
Senate.
Documents. - Bill tabled on 11 May 2004, No. 3-680/1. - Report, No. 3-680/2
Annales Parlementaires. - Discussion, meeting of May 27, 2004. - Vote, meeting of 27 May 2004.
House of Representatives.
Documents. - Project transmitted by the Senate, No. 51-1182/1. - Text adopted in plenary and subject to Royal Assent, No. 51-1182/2
Annales Parlementaires. - Discussion, meeting of 17 June 2004. - Vote, meeting of 17 June 2004.
International Convention for the Regulation of Whaling
The Governments whose duly authorised representatives have subscribed hereto,
Recognizing the interest of the nations of the world in safeguarding for future generations the great natural resources represented by the whale stocks;
Considering that the history of whaling has seen over-fishing of one area after another and of one species of whale after another to such a degree that it is essential to protect all species of whales from further overfishing;
Recognizing that the whale stocks are susceptible of natural increases if whaling is properly regulated, and that increases in the size of whale stocks will permit increases in the number of whales which may be captured without endangering these natural resources;
Recognizing that it is in the common interest to achieve the optimum level of whale stocks as rapidly as possible without causing widespread economic and nutritional distress;
Recognizing that in the course of achieving these objectives, whaling operations should be confined to those species best able to sustain exploitation in order to give an interval for recovery to certain species of whales now depleted in numbers;
Desiring to establish a system of international regulation for the whale fisheries to ensure proper and effective conservation and development of whale stocks on the basis of the principles embodied in the provisions of the International Agreement for the Regulation of Whaling signed, in London on 8th June, 1937, and the protocols to that Agreement signed in London on 24th June, 1938, and 26th November, 1945; and
Having decided to conclude a convention to provide for the proper conservation of whale stocks and thus make possible the orderly development of the whaling industry;
Have agreed as follows:
Article I
1. This Convention includes the Schedule attached thereto which forms an integral part thereof. All references to "Convention" shall be understood as including the said Schedule either in its present terms or as amended in accordance with the provisions of Article V.
2. This Convention applies to factory ships, land stations, and whale catchers under the jurisdiction of the Contracting Governments and to all waters in which whaling is prosecuted by such factory ships, land stations, and whale catchers.
Article II
As used in this Convention:-
1. "Factory ship" means a ship in which or on which whales are treated either wholly or in part;
2. "Land station" means a factory on the land at which whales are treated whether wholly or in part;
3. "Whale catcher" means a ship used for the purpose of hunting, taking, towing, holding on to, or scouting for whales;
4. "Contracting Government" means any Government which has deposited an instrument of ratification or has given notice of adherence to this Convention.
Article III
1. The Contracting Governments agree to establish an International Whaling Commission, hereinafter referred to as the Commission, to be composed of one member from each Contracting Government. Each member shall have one vote and may be accompanied by one or more experts and advisers.
2. The Commission shall elect from its own members a Chairman and Vice-Chairman and shall determine its own Rules of Procedure. Decisions of the Commission shall be taken by a simple majority of those members voting except that a three-fourths majority of those members voting shall be required for action in pursuance of Article V. The Rules of Procedure may provide for decisions otherwise than at meetings of the Commission.
3. The Commission may appoint its own Secretary and staff.
4. The Commission may set up, from among its own members and experts or advisers, such committees as it considers desirable to perform such functions as it may authorize.
5. The expenses of each member of the Commission and of his experts and advisers shall be determined by his own Government.
6. Recognizing that specialized agencies related to the United Nations will be concerned with the conservation and development of whale fisheries and the products arising therefrom and desiring to avoid duplication of functions, the Contracting Governments will consult among themselves within two years after the coming into force of this Convention to decide whether the Commission shall be brought within the framework of a specialized agency related to the United Nations.
7. In the meantime the Government of the United Kingdom of Great Britain and Northern Ireland shall arrange, in consultation with the other Contracting Governments, to convene the first meeting of the Commission, and shall initiate the consultation referred to in paragraph 6 above.
8. Subsequent meetings of the Commission shall be convened as the Commission may determine.
Article IV
1. The Commission may either in collaboration with or through independent agencies of the Contracting Governments or other public or private agencies, establishments, or organizations, or independently;
(a) encourage, recommend, or if necessary, organize studies and investigations relating to whales and whaling;
(b) collect and analyze statistical information concerning the current condition and trend of the whale stocks and the effects of whaling activities thereon;
(c) study, appraise, and disseminate information concerning methods of maintaining and increasing the populations of whale stocks.
2. The Commission shall arrange for the publication of reports of its activities, and it may publish independently or in collaboration with the International Bureau for Whaling Statistics at Sandefjord in Norway and other organizations and agencies such reports as it deems appropriate, as well as statistical, scientific, and other relevant information relating to whales and whaling.
Article V
1. The Commission may amend from time to time the provisions of the Schedule by adopting regulations with respect to the conservation and utilization of whale resources, fixing
(a) protected and unprotected species;
(b) open and closed seasons;
(c) open and closed waters, including the designation of sanctuary areas;
(d) size limits for each species;
(e) time, methods, intensity and intensity of whaling (including the maximum wrestling of whales to be taken in any one season);
(f) types and specifications of gear and apparatus and appliances which may be used;
(g) methods of measurement; and
(h) catch returns and other statistical and biological records.
2. These amendments of the Schedule
(a) shall be such as are necessary to carry out the objectives and purposes of this Convention and to provide for the conservation, development, and optimum utilization of the whale resources;
(b) shall be based on scientific findings;
(c) shall not involve restrictions on the number or nationality of factory ships or land stations, nor allocate specific quotas to any factory or ship or land station or to any group of factory ships or land stations; and
(d) shall take into consideration the interests of the consumers of whale products and the whaling industry.
3. Each of such amendments shall become effective with respect to the Contracting Governments ninety days following notification of the amendment by the Commission to each of the Contracting Governments, except that
(a) if any Government presents to the Commission objection to any amendment prior to the expiry of this ninety-day period, the amendment shall not become effective with respect to any of the Governments for an additional ninety days;
(b) thereupon, any other Contracting Government may present objection to the amendment at any time prior to the expiry of the additional ninety-day period, or before the expiry of thirty days from the date of receipt of the last objection received during such additional ninety-day period, whichever date shall be the later; and
(c) thereafter, the amendment shall become effective with respect to all Contracting Governments which have not presented objection but shall not become effective with respect to any Government which has so objected until such date as the objection is withdrawn. The Commission shall notify each Contracting Government immediately upon receipt of each objection and withdrawal and each Contracting Government shall acknowledge receipt of all notifications of amendments, objections, and withdrawals.
4. No amendments shall become effective before 1st July, 1949.
Article VI
The Commission may from time to time make recommendations to any or all Contracting Governments on any matters which relate to whales or whaling and to the objectives and purposes of this Convention.
Article VII
The Contracting Government shall ensure prompt transmission to the International Bureau for Whaling Statistics at Sandefjord in Norway, or to such other body as the Commission may designate, of notifications and statistical and other information required by this Convention in such form and manner as may be prescribed by the Commission.
Article VIII
1. Notwithstanding anything contained in this Convention any Contracting Government may grant to any of its nationals a special permitizing that national to kill, take and treat whales for purposes of scientific research subject to such restrictions as to number and subject to such other conditions as the Contracting Government thinks fit, and the killing, taking, and treating whales in accordance with the provisions of this Article shall be free from the operation of this Convention. Each Contracting Government shall report at once to the Commission all such authorizations which it has granted. Each Contracting Government may at any time revoke any such special permit which it has granted.
2. Any whales taken under these special permits shall so far as practicable be processed and the proceeds shall be dealt with in accordance with directions issued by the Government by which the permit was granted.
3. Each Contracting Government shall transmit to such body as may be designated by the Commission, in so far as practicable, and at intervals of not more than one year, scientific information available to that Government with respect to whales and whaling, including the results of research conducted pursuant to paragraph 1 of this Article and to Article IV.
4. Recognizing that continuous collection and analysis of biological data in connection with the operations of factory ships and land stations are indispensable to sound and constructive management of the whale fisheries, the Contracting Governments will take all practicable measures to obtain such data.
Article IX
1. Each Contracting Government shall take appropriate measures to ensure the application of the provisions of this Convention and the punishment of offences against the said provisions in operations carried out by persons or by vessels under its jurisdiction.
2. No bonus or other remuneration calculated with relation to the results of their work shall be paid to the gunners and crews of whale catchers in respect of any whales the taking of which is forbidden by this Convention.
3. Prosecution for offences against or contraventions of this Convention shall be instituted by the Government having jurisdiction over the offence.
4. Each Contracting Government shall transmit to the Commission full details of each offence of the provisions of this Convention by persons or vessels under the jurisdiction of that Government as reported by its inspectors. This information shall include a statement of measures taken for dealing with the offence and of penalties imposed.
Article X
1. This Convention shall be ratified and the instruments of ratifications shall be deposited with the Government of the United States of America.
2. Any Government which has not signed this Convention may adhere thereto after it enters into force by a notification in writing to the Government of the United States of America.
3. The Government of the United States of America shall inform all other signatory Governments and all adhering Governments of all ratifications deposited and adherences received.
4. This Convention shall, when instruments of ratification have been deposited by at least six signatory Governments, which shall include the Governments of the Netherlands, Norway, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, enter into force with respect to those Governments and shall enter into force with respect to each Government which subsequently ratifies or adheres on the date of the deposit of its instrument of ratification or the receipt of its notification of its adherence.
5. The provisions of the Schedule shall not apply prior to 1st July, 1948. Amendments to the Schedule adopted pursuant to Article V shall not apply prior to 1st July, 1949.
Article XI
Any Contracting Government may withdraw from this Convention on 30th June, of any year by giving notice on or before 1st January, of the same year to the depository Government, which upon receipt of such a notice shall at once communicate it to the other Contracting Governments. Any other Contracting Government may, in like manner, within one month of the receipt of a copy of such a notice from the depository Government give notice of withdrawal, so that the Convention shall cease to be in force on 30th June, of the same year with respect to the Government giving such notice of withdrawal.
The Convention shall bear the date on which it is opened for signature and shall remain open for signature for a period of fourteen days thereafter.
In witness whereof the undersigned, being duly authorized, have signed this Convention.
Done in Washington this second day of December, 1946, in the English language, the original of which shall be deposited in the archives of the Government of the United States of America. The Government of the United States of America shall transmit certified copies thereof to all the other signatory and adhering Governments.
SCHEDULE
1. (a) There shall be maintained on each factory ship at least two inspectors of whaling for the purpose of maintaining twenty-four hour inspection. These inspectors shall be appointed and paid by the Government having jurisdiction over the factory ship.
(b) Adequate inspection shall be maintained at each land station. The inspectors serving at each land station shall be appointed and paid bij the Government having jurisdiction over the land station.
2. It is forbidden to take or kill gray whales or right whales, except xhen the meat and products of such whales are to be used exclusively for local consumption by the aborigines.
3. It is forbidden to take or kill calves or suckling whales or female whales which are accompanied by calves or suckling whales.
4. It is forbidden to use a factory ship or a whale catcher attached thereto for the purpose of taking or trating baleen whales in any of the following areas:
a) in the waters north of 66° North Latitude except that from 150° East Longitude eastward as far as 140° West Longitude the taking or killing of baleen whales by a factory ship or whale catcher shall be permitted between 66° North Latitude and 72° North Latitude;
(b) in the Atlantic Ocean and its dependent waters north of 40° South Latitude;
(c) in the Pacific Ocean and its dependent waters east of 150° West Longitude between 40° South Latitude and 35° North Latitude;
(d) in the Pacific Ocean and its dependent waters west of 150° West Longitude between 40° South Latitude and 20° North Latitude;
e) in the Indian Ocean and its dependent waters north of 40° South Latitude.
5. It is forbidden to use a factory ship or a whale catcher attached thereto for the purpose of taking or treating baleen whales in the waters south of 40° South Latitude from 70° West Longitude westward as far as 160° West Longitude.
6. It is forbidden to use a factory ship or a whale catcher attached thereto for the purpose of taking or treating humpback whales in any waters south of 40° South Latitude.
7. (a) It is forbidden to use a factory ship or a whale catcher attached thereto for the purpose of taking or teating baleen whales in any waters south of 40° South Latitude, except during the period from December 15 to April 1 following, both days inclusive.
(b) Notwithstanding the above prohibition of treatment during a closed season, the tratment of whales which have been taken during the open season may be completed after the end of the open season.
8. (a) The number of baleen whales taken during the open season caught in any waters south of 40° South Latitude by whale catchers attached to factory ships under the jurisdiction of the Contracting Governments shall not exceed sixteen thousand blue-whale units.
(b) For the purposes of subparagraph a) of this paragraph, blue-whale units shall be calculated on the basis that one blue whale equals :
1° two fin whales or;
2° Two and a half humpback whales or;
3° 6 sei whales.
(c) Notificaiton shall be given in accordance with the provisions of Article VII of the Convention, within two days after the end of each calendar week, of data on the number of blue-whale units taken in any waters south of 40° South Latitude by all whale catchers attached to factory ships under the jurisdiction of each Contracting Government.
(d) If it should appear that the maximum wrestling of whales permitted by subparagraph a) of this paragraph may e reached before April 1 of any year, the Commission, or such other body as the Commission may designate, shall determine, on the basis of the data provided, the date on which the maximum wrestling of whales shall be deemed to have been reached and shall notify each Contracting Government of that date not less than two weeks in advance thereof. The taking of baleen whales by whale catchers attached to factory ships shall be illegal in any waters south of 40° South Latitude after the date so determined.
(e) Notification shall be given in accordance with the provisions of Article VII of the Convention of each factory ship intending to engage in whaling operations in any waters south of 40° South Latitude.
9. It is forbidden to take or kill any blue, fin, sei, humpback, or sperm whales below the following lengths:
(a) Blue whales . . . . . 70 feet (21.3 meters)
b) fin whales . . . . . 55 feet (16.8 meters)c) sei whales . . . . . 40 feet (12.2 meters)
(d) humpback whales . . . . . 35 feet (10.7 meters)
(e) sperm whales . . . . . 35 feet (10.7 meters)
except that blue whales of not less than 65 feet (19.8 meters), fin whales of not less than 50 feet (15.2 meters), and sei whales of not less than 35 feet (10.7 meters) meters in lenght may be taken for delivery to land stations provided that the meat of such wgales is to be used ofr local consumption as human or animal food.
Whales must be measured when at rest on deck or platform, as accurately as possible by means of a steel tape measure fitted at the zero end with a spiked handle which can be stuck into the deck planking abreast of one end of the whale. The tape measure shall be stretched in a straight line parallel with the whale's body and read abreast the other end of the whale. The ends of the whale, for measurement pirposes, shall be the point of the upper jaw and the notch between the tail flukes. Measurements, after being accurately read on the tape measure, shall be logged to the nearest football: taht is to say, any whale between 75'6" and 76'6" shall be logged as 76', and any whale between 76'6" ad 77'6" shall be logged as 77'. The measurement of any whale which falls on an exact half foot shall be logged at the next half foot, e.g. 76'6" precisely, shall be logged as 77'.
10. It is forbidden to use an land station or a whale catcher attached thereto for the purpose of taking or treating baleen whales in any area or in any waters for more than six months in any period of twelve months, such period of six months to be continuous.
11. It is forbidden to use a factory ship, which has been used during a season in any waters south of 40° South Latitude for the purpose of treating baleen whales, in any other area for the same purpose within a period of one year from the termination of that season.
12. (a) All whales taken shall be delivered to the factory ship or land station and all parts of such whales shall be processed by boiling or otherwise, except the internal organs, whale bone and flippers of all whales, the meat of sperm whales and of parts of whales intended for human food or feeding animals.
(b) Complete treatment of the carcasses of « Dauhval » and of whales used as fenders will not be required in cases where the meat or bone of whale suchs is in bad condition.
13. The taking of whales for delivery to a factory ship shall be so regulated or restricted by the master or person in charge of the factory ship that no whale (except of a whale used as a fender) shall remain in the sea for a longer period than thirty-three hours from the time of killing to the time when it is taken up on to the deck of the factory ship for treatment. All whale catchers engaged in taking whales must report by radio to the factory ship the time when each whale is caught.
14. Gunners and crews of factory ships, land stations, and whale catchers shall be engaged on such terms that their remuneration shall depend to a considerable extent upon such factors as the species, size, and yield of whales taken, and not mrely upon the number of the whales taken. No bonus or other remuneration shall be paid to the gunners or crews of wrestling whales in respect of the taking of milk-filled or lactating whales.
15. Copies of all official laws and regulations relating to whales and whaling and changes in such laws and regulations shall be transmitted to the Commission.
16. Notitifcation shall be given in accordance with the provisions of Article VII of the Convention with regard to all factory ships and land stations of statistical information a) concerning the number of whales of each species taken, the number thereof lost, and the number trated contains at each factory ship or land station, and b) as to the aggregate amounts of oil of each grade and quantities of meal ship, fertilizer (guano), and other products derived from them, together with c) particulars The data referred to in a) ans c) above shall be verified at the time of the tally and there shall also be notification to the Commission of any information which may be collected or abtained concerning the calving grounds and migration routes of whales.
In communicating this information there shall be specified :
a) the name and gross tonnage of each factory ship;
(b) the number and aggregate gross tonnage of the whale catchers;
c) a list of the land stations which were in operation during the period concerned.
17. Notwithstanding the definition of land station contained in Article II of the Convention, a factory ship operating under the jurisdiction of a Contracting Government, and the movements of wich are confined solely to the territorial waters of that Government, shall be subject to the regulations governing the operation of land stations within the following areas:
a) on the coast of Madagascar and its dependencies, and on the west coasts of French Africa;
b) on the west coast of Australia in the area known as Shark bay and northward to Northwest Cape and including exmouth Gulf and King George's Sound, including the port of Albany; and on the east coast of Australia, in Twofold Bay and Jervis Bay.
18. The following expressions have the meanings respectively assigned to them, that is to say :
"baleen whale" means any whale other than a toothed whale;
« blue whale » means any whale known by the name of blue whale, Sibbald's rorqual, or sulphur bottom;
" fin whale" means any whale known by the name of common finback, common rorqual, finback, finner, fin whale, heering whale, razorback, or true fin whale;
"sei whale" means any whale known by the name of Balaenoptera borealis, sei whale, Rudolphi's rorqual, pollack, or coalfish whale, and shall be taken to include Balaenoptera brydei, Bryde's whale;
" gray whale" means any whale known by the name of gray whale, California gray, devil fish, hard head, mussel digger, gray back, rip sack;
"humpback whale" means any whale known by the name of bunch, humpback, humpback whale, humpbacked whale, hump whale, or hunchbacked whale;
"right whale" means any whale known by the name of Atlantic right whale, Arctic right whale, Biscayan right whale, bowhead, great polar whale, Greenland right whale, Greenland whale, Nordkaper, North Atlantic right whale, North Cape whale, Pacific right whale, pigmy right whale, Southern pigmy right whale, or Southern right whale;
« sperm whale » means any whale known by the name of sperm whale, spermacet whale, cachalot, or pot whale;
"Duhval" means any unclaimed dead whale found floating.
Protocol to the International Convention for the Regulation of Whaling Signed at Washington under date of December 2, 1946
The Contracting Governments to the International Convention for the Regulation of Whaling signed at Washington under date of 2nd December, 1946 which Convention is hereinafter referred to as the 1946 Whaling Convention, desiring to extend the application of that Convention to helicopters and other aircraft and to include provisions on methods of inspection among those Schedule provisions which may be amended by the Commission, agree as follows:
Article I
Subparagraph 3 of the Article II of the 1946 Whaling Convention shall be amended to read as follows:
“3. whale catcher' means a helicopter, or other aircraft, or a ship, used for the purpose of hunting, taking, killing, towing, holding on to, or scouting for whales. »
Article II
Paragraph 1 of Article V of the 1946 Whaling Convention shall be amended by deleting the word "and" preceding clause (h), substituting a semicolon for the period at the end of the paragraph, and adding the following language: "and (i) methods of inspection.
Article III
1. This Protocol shall be open for signature and ratification or for adherence on behalf of any Contracting Government to the 1946 Whaling Convention.
2. This Protocol shall enter into force on the date upon which instruments of ratification have been deposited with, or written notifications of adherence have been received by, the Government of the United States of America on behalf of all the Contracting Governments to the 1946 Whaling Convention.
3. The Government of the United States of America shall inform all Governments signatory or adhering to the 1946 Whaling Convention of all ratifications deposited and adherences received.
4. This Protocol shall bear the date on which it is opened for signature and shall remain open for signature for a period of fourteen days thereafter, following which period it shall be open for adherence.
In Witness where of the undersigned, being duly authorized, have signed this Protocol.
Done in Washington this nineteenth day of November, 1956, in the English Language, the original of which shall be deposited in the archives of the Government of the United States of America. The Government of the United States of America shall transmit certified copies thereof to all Governments signatory or adhering to the 1946 Whaling Convention.
Convention for the Regulation of Whale Hunting
Governments whose duly authorized representatives have subscribed to this Convention,
Recognizing that the nations of the world have an interest in safeguarding, for the benefit of future generations, the great natural resources represented by the whale species;
Considering that, since its inception, whale hunting has resulted in the excessive exploitation of one area after the other and the immoderated destruction of one species after the other, to the point that it is essential to protect all whale species from the extension of such abuse;
Acknowledging that the whale species is likely to grow naturally if the whale hunt is regulated wisely, and that the increase in the stock will increase the number of whales that can be captured without compromising these natural resources;
Acknowledging that it is of the common interest to reach as quickly as possible the optimum level with respect to the stock of whales, but not causing a general economic and food-related behaviour;
Acknowledging that, pending the realization of these purposes, whale hunting should be limited to the species best able to withstand exploitation, in order to provide an interval for the repopulation of certain species whose number is now reduced;
Desiring to establish an international regulation system for whale hunting, in order to ensure, in a rational and effective manner, the conservation and growth of the whale species, on the basis of the principles incorporated in the provisions of the international agreement for the regulation of whale hunting, signed in London on June 8, 1937, and in the audit protocols signed in London on June 24, 1938 and November 26, 1945,
Having resolved to conclude a convention providing for the sound conservation of the whale species and, consequently, to make possible the orderly development of the whale industry,
The following agreed:
Article 1
1. This Convention shall include the Regulations annexed thereto and shall be an integral part thereof. Whenever reference is made to the word "Convention", this term will be understood as including the said Regulations, either in its current terms or with any modifications that may be made in accordance with the provisions of Article 5.
2. This Convention applies to floating plants, earth stations and shipwrecks subject to the jurisdiction of the Contracting Governments, and to all waters in which these floating plants, earth stations and whale ships are engaged in whaling.
Article 2
For the purposes of this Convention:
1. "floating plant" means a ship on which whales are treated in whole or in part.
2. "Land Station" means a plant on the farmland where whales are treated in whole or in part.
3. "Whaling Ship" means a vessel used to hunt, capture, tow, hold or spot whales.
4. "Contracting Government" means any Government that has deposited an instrument of ratification or notified its accession to this Convention.
Article 3
1. The Contracting Governments undertake to establish an international Whale Hunting Commission, as referred to below as the Commission, to be composed of a member representing each Contracting Government. Each member will have one voice and may be accompanied by one or more experts and advisers.
2. The Commission shall elect a Chairperson and a Vice-Chair, and shall establish its own rules of procedure. The decisions of the commission shall be taken by a simple majority of voting members; However, a three-quarter majority will be required before a decision can be adopted under section 5. The rules of procedure may provide for decisions to be made other than to meetings of the Commission.
3. The Commission may appoint its own secretary and staff.
4. The Commission may establish, and by selecting members from its own members, experts and advisers, any committees that it deems appropriate to establish to perform such functions as it may authorize.
5. The costs of each member of the Commission and those of the experts and advisers who are deputy to it will be fixed and borne by his own Government.
6. Recognizing that the conservation and development of the whale-hunting species and the whale-hunting, as well as the by-products drawn from whales, will be a strong source of specialized agencies linked to the United Nations, and wishing to avoid duplication of functions, the contracting governments agree to exchange views, within two years of the entry into force of this Convention, in order to decide whether the Commission must return to the United Nations framework,
7. In the meantime, the Government of the United Kingdom of Great Britain and Northern Ireland will make arrangements, after consultation with the other Contracting Governments, to convene the first session of the Convention, and will cause the exchange of views referred to in paragraph 6 above.
8. The subsequent sessions of the Commission will be convened by the Commission.
Article 4
1. The Commission may, either in collaboration with independent agencies of the Contracting Governments or with other public or private bodies, institutions or organizations, or through them, independently:
(a) Encourage, recommend or, where appropriate, organize studies and surveys of whales and whale hunting;
(b) Collect and analyze statistical information on the current situation and trend of the whale species, as well as the effects on the species by hunting activities;
(c) To study, assess and disseminate information on methods to maintain and increase the whale species.
2. The Commission shall make the necessary arrangements for the publication of reports on its work, and may publish, independently or in collaboration with the International Bureau of Balein Statistics, in Sandefjord, Norway, and with other organizations or organizations, any reports it deems appropriate, as well as any statistical and scientific information relating to whales and whale hunting, and any other related information.
Article 5
1. The Commission may, from time to time, amend the provisions of the Regulations by adopting provisions relating to the conservation and use of resources represented by whales, which shall designate:
(a) protected species and unprotected species;
(b) the seasons in which hunting is open and those in which it is closed;
(c) waters where hunting is permitted and those where it is prohibited, including areas of refuge;
(d) the minimum dimensions for each species;
e) the epochs, methods and amplitude of whale hunting (including the maximum number of whales that can be captured in a given season);
(f) types of gear, gears and devices that may be used, as well as their characteristics;
(g) measurements; and
(h) information to be provided on catches and other required statistics and biologicals.
2. These amendments to the Regulation:
(a) shall be such as to enable the achievement of the objectives of this Convention and to provide for the conservation, expansion and optimal use of the resources represented by whales;
(b) will be based on scientific findings;
(c) shall not contain any restrictions on the number or nationality of floating plants or land stations or a group of floating plants or land stations, and
(d) take into account the interests of consumers of whale products and those of the whale industry.
3. Each of its amendments shall take effect in respect of the Contracting Governments ninety days after its notification by the Commission to each of the Contracting Governments; However
(a) if a Government submits an objection to an amendment to the Commission, before the expiry of that period of ninety days, the amendment shall only take effect with respect to the Contracting Governments upon the expiry of an additional period of ninety days,
(b) any other Contracting Government may then object to the amendment, at any time before the expiry of the additional period of ninety days, or before the expiry of a period of thirty days from the date of receipt of the last objection received during the additional period of ninety days, the choice relating to the last of these two dates to be echoed; and
(c) subsequently, the amendment shall take in respect of all Contracting Governments that have not submitted any objections; but it shall not take effect in respect of a Government having submitted an objection under the above-mentioned conditions until the date of the withdrawal of that objection. The Commission shall notify, upon receipt, each objection and withdrawal to each of the Contracting Governments, and each Contracting Government shall acknowledge receipt of any notification of amendment, objection and withdrawal.
4. No amendments will take effect before 1
er July 1949.
Article 6
The Commission may, from time to time, make recommendations to one, several or all of the Contracting Governments, covering all matters relating to whales or whale hunting and the objectives of this Convention.
Article 7
The Contracting Governments shall ensure the prompt transmission to the International Bureau of Baltic Statistics to Sandefjord, Norway, or to any other body that the Commission may designate, of notifications, statistical information and other information required by this Convention, in the form and manner prescribed by the Commission.
Article 8
1. Notwithstanding any provision to the contrary of this Convention, each Contracting Government may grant to one of its nationals a special permit allowing it to kill, capture and treat whales for scientific research, subject to such restrictions, as to the number, and such other conditions as the Contracting Government deems appropriate to prescribe; in this case, this Agreement shall be inoperative with respect to whales killed, captured or treated in accordance with the provisions of this Article. Each Contracting Government shall forthwith transmit to the Commission any authorization of that nature granted by law. Each Contracting Government may, at any time, revoke any special permit granted.
2. All whales captured under this permit shall be treated as much as possible and the product shall be used in accordance with the instructions issued by the Government which granted the permit.
3. Each Contracting Government shall transmit to such an organization that the commission may designate, to the extent possible and at intervals not exceeding one year, the scientific information available to it in respect of whales and whale hunting, including the results of the research carried out under the provisions of paragraph 1
er of this Article and of Article 4.
4. Recognizing that it is essential to constantly collect and analyze scientific data relating to the operations of floating plants and terrestrial stations, in order to rationally and productively direct the exploitation of the whale species, the Contracting Governments will take all possible measures to obtain the data.
Article 9
1. Each Contracting Government shall take appropriate measures to ensure the application of the provisions of this Convention and to punish offences under such provisions in transactions carried out by persons or vessels subject to its jurisdiction.
2. No bonus or other remuneration calculated on the basis of the results of their work shall be paid to the gunners and crews of the whale ships for any whale whose capture is prohibited by this Convention.
3. In the event of offences or breaches of this Convention, proceedings shall be brought by the Government entitled to jurisdiction over such offences or offences.
4. Each Contracting Government shall transmit to the commission full details, in accordance with the reports of its inspectors, on each offence under this Convention by persons or vessels subject to the jurisdiction of that Government. This information will include a statement on measures taken with respect to the offence committed, as well as penalties imposed.
Article 10
1. This Convention shall be ratified and the instruments of ratification shall be deposited with the Government of the United States of America.
2. Any Government that has not signed this Agreement may accede to it, after its entry into force, by sending a written notification to the Government of the United States of America.
3. The Government of the United States of America will inform all other signatory Governments and all Governments that adhere to the deposit of all ratifications and the receipt of all accessions.
4. When instruments of ratification have been deposited by at least six signatory Governments, including the Governments of the Netherlands, Norway, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland and the United States of America, this Convention shall enter into force with respect to the said Governments, and, with respect to each Government that ratifys or subsequently accedes to it.
5. The provisions of the Regulation shall not apply before 1
er July 1948. Amendments to the Regulation, adopted under Article 5, will not be applicable before 1
er July 1949.
Article 11
Any Contracting Government may withdraw from the Convention on 30 June of any year, by notice given on 1
er January of the same year, or before, to the depositary Government, which, upon receipt of that notice, shall communicate it to other contracting Governments. Any other contracting government may, in the same manner and in the month following receipt of a copy of such notice sent by depositary government, notify its withdrawal, so that the agreement will cease to be in force on June 30 of the same year with respect to the government that made such notification.
This Agreement shall bear the date on which it is open for signature, and shall remain open for signature for a later period of fourteen days.
In the belief that the undersigned, duly authorized, have signed this Agreement.
Done in Washington, D.C., December 2, 1946, in English. The original will be deposited in the archives of the Government of the United States of America, which will transmit certified copies to all other signatory and adherent governments.
Regulation
1. (a) At least two inspectors will be assigned to each floating plant to establish a day-to-day monitoring of twenty-four hours. These inspectors will be appointed and paid by the Government exercising jurisdiction over the floating plant.
(b) An appropriate inspection service will be maintained in each ground station. Inspectors in service in each land station will be nominated and paid by the Government exercising jurisdiction over the land station.
2. It is prohibited to capture or kill grey whales or free whales, except where the flesh and products of these whales are intended exclusively for the local consumption of Aboriginal people.
3. It is prohibited to capture or kill undefeated whales or young whales, or female whales with non-swed whales or youth.
4. It is prohibited to use a floating plant, or a whale ship attached to it, for the purpose of capturing or processing whales in the following areas:
(a) In the waters north of 66 North Latitude, except that of 150 East longitude, heading east to 140 West longitude, a floating plant or a whale ship will be allowed to capture or kill whales between 66 and 72 North Latitude;
(b) In the Atlantic Ocean and in the waters that depend on it, north of 40 South Latitude;
(c) In the Pacific Ocean and in the waters that depend on it, east of 150 West longitude, between 40 South Latitude and 35 North Latitude;
(d) In the Pacific Ocean and in the waters that depend on it, west of the 150 West longitude, between the 40 South Latitude and the 20 North Latitude;
(e) In the Indian Ocean and in the waters that depend on it, north of 40 South Latitude.
5. It is prohibited to use a floating plant or a whale ship attached to it, with a view to capturing or treating whales in the waters south of 40 South Latitude, of 70 West longitude heading west to 160 West longitude.
6. It is prohibited to use a floating plant, or a whale ship attached to it, for the purpose of capturing or processing junbart megapters in all waters south of 40 South Latitude.
7. (a) It is prohibited to use a floating plant, or a whale ship attached to it, for the purpose of capturing or treating whales in all waters south of 40 South Latitude, except for the period between 15 December and 1
er next April, one and the other date included.
(b) Notwithstanding the above prohibition of treating whales in prohibited time, the treatment of whales that have been captured during the open season may be completed after the closure of the whale.
8. (a) The number of whales captured during the season in which hunting is opened, in all waters south of 40 South Latitude, by whale ships attached to floating plants and subject to the jurisdiction of the Contracting Governments will not exceed sixteen thousand units of blue whales.
(b) For the purposes of paragraph (a) of this paragraph, blue whale units will be calculated based on the fact that a blue whale corresponds to
(1) Two common whales, or
(2) Two and one-half megapters, or
(3) Six Rudolf whales.
(c) Notification shall be made in accordance with the provisions of Article 7 of the Convention, within two days after the end of each week as set out in the schedule, with respect to the number of units of blue whales caught in all waters south of 40 South Latitude by all ships of the whales attached to the floating plants subject to the jurisdiction of each Contracting Government.
(d) If it appeared likely that the maximum catch of whales authorized by the terms of paragraph (a) of this paragraph should be carried out before 1
er April of any year, the Commission, or any other body that the Commission may designate, shall determine, on the basis of the data provided, the date on which the maximum catch of whales will be expected to have been made, and shall notify each Contracting Government of that date at least two weeks before its expiry. The capture of whales by whale ships associated with floating plants will be illegal in all waters south of 40 South Latitude after the date determined.
(e) Each floating plant that is proposed to be used to conduct whale hunting operations in all waters south of 40 latitude South will give rise to a notification, which will be made in accordance with the provisions of Article 7 of the Convention.
9. It is prohibited to capture or kill blue whales, common whales, Rudolf whales, jar megapters or cachalots that have not reached the following sizes:
(a) Blue whales, 70 feet (21.30 m)
(b) Rorquals, 55 feet (16.80 m)
(c) Rudolf Rorquals, 40 feet (12.20 m)
(d) Marriage, 35 feet (10.70 m)
(e) Cachalots, 35 feet (10.70 m)
However, blue whales measuring no less than 65 feet (19.80 m) common whales measuring no less than 50 feet (15.20 m) and Rudolf whales measuring no less than 35 feet (10.70 m) may be captured and delivered to terrestrial stations if the flesh of these whales is intended for local consumption of men or animals.
Whales will need to be measured in as exact as possible when resting on the bridge or on the platform, using a graduated steel ribbon whose tip near zero will be equipped with a cutting edge that can be plugged into the deck boards, online with one of the ends of the whale. This steel ribbon will have to be stretched straight parallel to the body of the whale and the length of the whale will be lifted to the height of the other end. In terms of measurements, the ends will be the tip of the upper jaw and the intersection of the caudal fins. The length after being measured exactly by the metal ribbon will be recorded at the foot: in other words: any whale measuring between 75 feet 6 inches and 76 feet 6 inches will be recorded as 76 feet, and a whale measuring between 76 feet 6 inches and 77 feet 6 inches will be recorded as 77 feet. Any whale whose length will fall exactly half-feet will be recorded at the next half-feet, i.e. a whale measuring 76 feet 6 inches exactly will be recorded as 77 feet.
10. It is prohibited to use a terrestrial station, or a whale ship attached to it, for the purpose of capturing or treating whales in areas or in any water for more than six months per twelve-month period, provided that the said six-month period must be continued.
11. It is forbidden to use a floating plant that was in service for a season in waters south of 40 South Latitude for the purpose of treating whales in any other area and for the same purpose, before a period of one year has elapsed from the end of this season.
12. (a) All captured whales must be delivered to the floating plant or to the terrestrial station, and all parts of these whales must be treated by boiling or by any other process, with the exception of the internal organs, fanes and fins of all whales, the cachalots flesh and parts of whales intended for human consumption or animal food.
(b) The complete treatment of Dauhval bodies and whales used as defences will not be required in cases where the flesh or bones of these whales are in poor condition.
13. The capture of whales intended to be delivered to a floating plant will be regulated or limited by the master, or by the person in charge of the direction of the floating plant, in such a way that no whale corpses (excluding that of a whale used as a defence will remain in the water for more than three hours from the time the whale was killed until the time it will be treated on the bridge of the plant. All whale-capture vessels will need to inform the floating plant of the time a whale was captured by radio.
14. Gunners and crews of floating plants, terrestrial stations and whale ships will be required to be engaged under conditions that will, to a large extent, depend on their remuneration for factors such as the species, size, and performance of captured whales, and not only on their number. No bonus or other remuneration shall be paid to the gunners or crews of the whale ships for the capture of whales with milk or for breastfeeding whales.
15. Copies of all official laws and regulations relating to whale hunting and whale hunting, as well as amendments to these laws and regulations, will be forwarded to the Commission.
16. All floating plants and terrestrial stations shall, in accordance with the provisions of Article 7 of the Convention, provide statistical information indicating:
(a) the number of whales of each species captured, as well as the number of whales lost and the number of whales treated by each floating plant or by each terrestrial station, and
(b) total quantities of oil of each quality and quantity of powder, fertilizer (guano) and other by-products from whales, as well as,
(c) for each whale treated in the floating plant or in the terrestrial station, indications relating to the date of capture, the latitude and approximate longitude of the place of capture, the species and the sex of the whale, the length of the whale and, if it carries a fetus, the length of the whale and its sex, if it may be determined.
The above data in (a) and (c) will be verified at the time of the inspection, and any information that may be collected or obtained at the breeding site and the Whale migration routes will also be notified to the Commission.
By transmitting this information, it will be necessary to specify:
(a) The name and gross tonnage of each floating plant;
(b) The overall number and gross tonnage of the whale ships;
(c) A list of terrestrial stations in service during the proposed period.
17. Notwithstanding the definition of the term "land station" in Article 2 of the Convention, a floating plant within the jurisdiction of a Contracting Government and whose movements are confined solely to the territorial waters of that Government shall be subject to the regulations governing the operation of terrestrial stations in the following areas:
(a) On the coast of Madagascar and its outbuildings and on the western coasts of French Africa;
(b) On the western coast of Australia, in the area known as the Requin Bay and, in the north direction, to the northwest Cape, including Exmouth Bay and King George Sound, including the port of Albany; and on the eastern coast of Australia, in the "Twofold Bay" and Jervis Bay.
18. The following expressions have the following meaning:
"Whaling whales" (baleen whale) means any whale other than the denticet whale;
By "blue whale" (blue whale), any whale known as "blue whale", blue whale, Sibbald whale or "sulphur bottom" is heard;
By "common rorqual" (fin whale), any whale known as "common finback", "common rorqual", "endback", "end whale", "fin whale", "herring whale", "razorback" or "true fin whale" is understood;
"Rorqual of Rudolf" (sei whale) means any whale known as Balaenoptera borealis, "sei whale", " Rudolphi's rorqual", "polack whale" or "gunfish whale", including the whale known as Bryde Whale, Balaenoptera Brydei;
By "grey whale" (gray whale), we hear any whale known as "gray whale", "Califor gray", "de fishvil", "hard head", " mussel digger", " gray back"," rip sack;
By "megaptère jubarte" (humpback whale), we hear any whale known as "people", "humpback", "humpback whale", "humpbacked whale", "hump whale" or "hunchbacked whale";
By "Whale franche" (right whale), we hear any whale known as "Atlantic right", "Arctic right whale", Biscaye whale, " bowhead", "great polar whale", "Greenland right whale", "Greenland whale", "Norkaper", "North Atlantic right whale", "North Cape whale", " Pacific right whale", "Greenland right whale" or "Southern Whalf"
By "cachalot" (sperm whale), any whale known as "sperm whale", "sperm whale", "cachalot" or "pot whale" is heard;
"Duhval" means any dead whale not claimed and found floating.
Protocol supplementing the International Convention for the Regulation of Whale Hunting signed in Washington on 2 December 1946
The Governments Parties to the International Convention for the Regulation of Whale Hunting, signed in Washington, D.C., on 2 December 1946, the Convention designated below by the terms "Whale Hunting Convention", desiring to extend the application of the Whale Hunting Convention to helicopters and other aircraft, and to include, among the provisions of the Schedule that may be amended by the Commission, the following provisions relating to inspection methods, have been agreed:
ARTICLE 1
erParagraph 3 of Article 2 of the 1946 Whale Hunting Convention is amended as follows:
“3. The term "bhaling ship" designated a helicopter, or another aircraft, or a vessel, used for the hunting, capture, slaughter, towing, mooring or search of whales. »
ARTICLE 2
Paragraph 1
er Article 5 of the 1946 Whale Hunting Convention is amended by striking out "and" before clause (h), replacing the point with a semicolonial point at the end of the paragraph, and adding the following words: "and (i) inspection methods".
ARTICLE 3
1. This Protocol shall be open to the signature and ratification or accession of any Government Party to the 1946 Whaling Convention.
2. This Protocol shall enter into force on the date on which the instruments of ratification have been deposited with the Government of the United States of America, or on which written notifications of accession have been received by the Government for all Governments parties to the 1946 Whale-hunting Convention.
3. The Government of the United States of America will inform all the signatory Governments of the 1946 Convention
on or acceding to the Whale, of all ratifications deposited and of all accessions received.
4. This protocol shall bear the date on which it will be opened for signature and shall remain open for signature for a period of fourteen days, and then for accession.
In the belief that the undersigned, duly authorized, have signed this protocol.
Done in Washington, on 19 November 1956, in the English language, the original to be deposited in the archives of the Government of the United States of America. The Government of the United States of America will transmit certified copies to or acceding to all the signatory governments of the 1946 Whale Hunting Convention.
International Convention for the Regulation of Whale Hunting, and the Regulations, made in Washington on 2 December 1946
For the consultation of the table, see image
