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1348 OF 2009
(July 31)
Official Journal No. 47.427 of 31 July 2009
CONGRESS OF THE REPUBLIC
By means of which the "International Convention for the Regulation of the Whale Hunt", adopted in Washington on December 2, 1946, and the "Protocol to the International Convention for the Regulation of the Hunting of Whales" is approved. Whales, signed in Washington, dated December 2, 1946, " made in Washington, on November 19, 1956.
THE CONGRESS OF THE REPUBLIC:
Having regard to the text of the "International Convention for the Regulation of the Whale Hunt," adopted in Washington on December 2, 1946, and the "Protocol to the International Convention for the Regulation of the Whale Hunt", signed in Washington, dated December 2, 1946, made in Washington, on November 19, 1956, which to the letter reads:
(To be transcribed: photocopy of the integrated texts of the mentioned international instruments is attached).
INTERNATIONAL CONVENTION FOR THE REGULATION OF WHALING
Made in Washington on December 2, 1946
Governments whose authorized representatives have subscribed to the present;
Recognizing the interest of the world's nations in safeguarding for future generations the great natural resources that whale stocks represent;
Whereas the history of whale hunting accuses an overfishing carried out from one zone to another and from one species of whale to another, to such an extent that it is essential to protect all species of whales from other fish excessive;
Acknowledging that whale stocks are susceptible to natural increases if their fishing is properly regulated and that the increases in whale stocks will allow for a greater number of catches without endangering these resources. natural;
Recognizing that it is in the general interest to obtain the best level of whale stocks as quickly as possible without producing great economic and nutritional shortages;
Acknowledging that the implementation of these objectives the whale hunting operations should be concretized to those species that can better support the exploitation in order to give a recovery interval to certain whale species currently diminished in quantity.
In the desire to establish a system of international regulation of whale fishing that ensures a conservation and a convenient and effective development of the stock of whalers on the basis of the principles established in the provisions of the International Agreement governing the hunting of the whale, signed in London on 8 June 1937, and the Protocols to that agreement signed in London on 24 June 1938 and 26 November 1945; and
Having decided to conclude a Convention that provides for the proper conservation of whale stocks that will enable the orderly development of the whale industry.
You have agreed to the following:
1. This Convention includes the attached Annex which forms an integral part of it. Any reference to the "Convention" shall be understood to include that Annex, either in its current or amended terms in accordance with the provisions of Article V.
2. This Convention applies to factory ships, land plants and whaling vessels under the jurisdiction of the Contracting Governments, as well as to all waters in which whale fishing activities are carried out by such vessels. Factory-ships, land-based plants 7 whale-hunting boats.
In the manner in which they are used in this Convention:
1. "Factory-factory" means a ship in which the whales are processed in whole or in part.
2. "Ground plant" means a plant on land where the whales are fully or partially benefited.
3. "Whale hunter boat" means a boat used in order to hunt, collect, tow, chase or discover whales.
4. "Contracting Government" means any Government that has deposited an instrument of ratification or has notified its accession to this Convention.
1. The Contracting Governments agree to establish an International Whaling Commission, hereinafter referred to as the Commission, which shall be composed of one member for each Contracting Government. Each member shall be entitled to one vote and may be accompanied by one or more experts and advisers.
2. The Commission shall elect a President and a Vice-President from among its members and shall determine its own rules of procedure. Commission decisions shall be taken by a simple majority, with the exception that a majority of three-quarters of the voting members shall be required to proceed in accordance with Article V. The rules of procedure may include decisions taken outside the Commission's sessions.
3. The Commission may designate its own Secretary and the staff concerned.
4. The Commission may establish, from among its own members and experts or advisers, the Committees it deems appropriate to carry out the functions it may authorise.
5. The expenditure of each member of the Commission and its experts and advisers shall be determined and paid by its own government.
6. Recognizing specialized agencies related to the United Nations, they will be interested in the conservation and development of the whaling and the products coming from it, and with the desire to avoid duplication of functions, the governments They shall consult each other within two years of the entry into force of this Convention, in order to decide whether the Commission shall be brought within the framework of a specialised body related to the United.
7. In the meantime, the United Kingdom Government of Great Britain and Northern Ireland will make the necessary arrangements, in consultation with the other Contracting Governments to convene the first Session of the Commission, and initiate the consultation referred to in the 6 precedent.
8. Subsequent meetings of the Commission shall be convened when the Commission determines it.
1. The Commission may, either in collaboration with or through independent entities of the Contracting Governments, or other public or private bodies, establishments or organisations or independently:
(a) Encourage, recommend or, if necessary, organize studies and research related to whales and their hunting.
(b) Collect and analyse statistical information concerning current conditions and trends in whale stocks and the effects of whaling on them.
(c) Study, evaluate and disseminate information concerning methods to maintain and increase whale populations.
2. The Commission will make the necessary arrangements for the publication of the reports of its activities, and may publish, independently or in collaboration with the International Bureau for Whaling Statistics, located in Sandefjor, Norway, and other organisations and entities, those reports it deems appropriate, as well as other relevant statistical and scientific information concerning whales and their hunting.
1. The Commission may amend the provisions of the Annex at a certain time by adopting rules for the conservation and use of whalers by determining: (a) protected and non-protected species; (b) opening and closure of seasons; (c) open and closed waters, including the designation of sanctuaries; (d) size limits for each species; (e) time, methods and intensity of whale hunting (including the maximum number of catches of whales to be performed in one season) (f) types and specifications of devices, devices and instruments that can be used; (g) measurement methods; (h) game products and other statistical and biological data,
2. These amendments to the Annex: (a) shall be those necessary to achieve the objectives and purposes of this Convention and to provide for the conservation, development and optimal use of whalers; (b) shall be based on scientific findings; (c) do not involve restrictions on the quantity or nationality of factory or land-based plants, or assign specific quotas to any factory or land plant, or any group of factory or plant-based (d) take into account the interests of consumers of products whalers and the whale hunting industry.
3. Each of these amendments shall be made effective in respect of the Contracting Governments, 90 days after the notification of the amendment by the Commission to each of the Contracting Governments, with the exception of: (a) if any The government submits an objection to any amendment before the expiration of this ninety-day period, the amendment will not go into effect with respect to any of the governments, for an additional period of ninety years. days; (b) immediately thereafter, any other Contracting Government may object to the an amendment at any time before the expiry of the additional period of 90 days or before the expiry of a period of 30 days, from the date of receipt of the last objection received during that additional period of 90 days, Whatever the last date, and (c) after that, the amendment shall be made effective in respect of all the Contracting Governments which have not objected, but shall not enter into force in respect of any Government which has submitted objections but to the date on which the objection has been withdrawn. The Commission shall notify each Contracting Government immediately after receiving each objection and withdrawal and each Contracting Government shall acknowledge receipt of all notifications of amendments, objections and withdrawals.
4. No amendments shall enter into force before 1 July 1949.
The Commission may, from time to time, make recommendations to any or all of the Contracting Governments, on any matter related to whales or whaling and to the objectives and purposes of the present Convention.
The Contracting Governments shall ensure that the International Bureau of Whaling Statistics of Sandefjord, Norway, or that entity designated by the Commission, of the notifications, statistics and other information required by the International Bureau of Whales this Convention, in the form and manner that the Commission prescribes.
1. Notwithstanding all the provisions of this Convention, any Contracting Government may grant to any of its nationals a special permit authorized to that national to kill, take and benefit whales for purposes of investigation. scientific, subject to those restrictions as to quantity, and to those other conditions that the Contracting Government creates convenient, and the death, capture and benefit of whales according to the provisions of this Article, will be exempt from the effects of this Convention. Each Contracting Government shall immediately give an account to the Commission of all the authorisations of such a nature which it has granted. Each Contracting Government may, at any time, revoke any such permit it has granted.
2. All whales captured under these special permits will be processed as much as possible, and the product will be administered in accordance with the instructions given by the Government that has granted the permit.
3. Each Contracting Government shall send to the entity designated by the Commission, as far as possible and at intervals not exceeding one year, the scientific information available to the Government in relation to the whales and their hunting, including the the results of the investigations carried out pursuant to paragraph 1 of this Article and to Article IV.
4. Recognizing that the continuous collection and analysis of biological data related to the operations of factory and land-based plants are indispensable for the full and constructive administration of the activities of the whales, the Contracting Governments shall take all possible measures to obtain such data.
1. Each Contracting Government shall take appropriate measures to ensure the application of the provisions of this Convention, and the penalty for infringements of such provisions in the operations carried out by persons or vessels under its auspices. jurisdiction.
2. No gratification or other remuneration, calculated in relation to the results of their work, will be paid to the gunboats and crews of the whale hunters, with respect to those whales whose capture is prohibited by the present Convention.
3. Trials for violations or violations of this Convention shall be filed by the State having jurisdiction over such crimes.
4. Each Contracting Government shall send to the Commission full details of each infringement of the provisions of this Convention, by persons or ships under the jurisdiction of that State, as reported by its Inspectors. This information shall include a statement on the measures taken in respect of the infringement and the penalties imposed.
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 Convention may accede to it after its entry into force, by means of a written notification to the Government of the United States of America.
3. The Government of the United States of America shall inform all the signatory governments and all acceding governments of all the deposited ratifications and accessions received.
4. When 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, have deposited its instruments of ratification, this Convention shall enter into force with respect to such Governments. And with respect to each Government that ratifies or adheres to it thereafter, it shall enter into force on the date of the deposit of the Instrument for Ratification or the receipt of the notification of accession.
5. The provisions of the Annex shall not apply before 1 July 1948. Amendments to the Annex adopted in accordance with Article V shall not apply before 1 July 1949.
Any Contracting Government may denounce this Convention on the 30th June of any year, giving notice on the first day of January of the same year or before, to the Depositary Government, which, upon receipt of such notice, shall immediately communicate it to the other Contracting Governments. Any other Contracting Government may, in the same manner, within one month from receipt of the copy of such notice from the Depositary Government, give notice of its withdrawal, so that the Convention shall cease to be effective on 30 June of the same year with respect to the Government sending such a withdrawal notice.
This Convention shall bear the date on which it has been opened for signature, and shall remain open for such purposes for a further period of fourteen days.
In testimony to which the undersigned, duly authorized, have signed this Convention.
Adopted in Washington on December 2, 1946, in English, text whose original will be deposited in the Archives of the Government of the United States of America. The Government of the United States of America shall send certified copies of it to all other signatory and acceding governments.
ANNEX.
1. (a) Each factory-factory shall have at least two whalers, in order to maintain a 24-hour inspection. These inspectors will be designated and paid by the government that has jurisdiction over the factory-factory.
b) An appropriate inspection shall be maintained on each ground floor. Inspectors performing duties on each ground floor shall be designated and paid by the Government having jurisdiction over the ground floor.
2. It shall be prohibited to catch or kill grey whales or right whales, except where meat and products of such whales are to be used exclusively for the local consumption of the natives.
3. It shall be prohibited to catch or kill lactating whalers or whales or female whales accompanied by lactating whales or whales.
4. It is prohibited to use a factory-factory or a whale-hunting vessel, dependent on that in order to catch or benefit whales with beards in any of the following areas:
(a) in the waters of north of grade 66, north latitude, with the exception that from the 150 degree of longitude east to the east, to the degree 140 west longitude, the catching or killing of whales with beards by a factory-factory or a hunter-boat of whales, will be allowed at degree 66 north latitude and degree 72 north latitude.
b) In the Atlantic Ocean and its dependent waters north of the degree 40 south latitude.
c) In the Pacific Ocean and its dependent waters east of the degree 150 west longitude between the degrees of latitude 40 south and 45 north latitude.
d) In the Pacific Ocean and its dependent waters west of the degree 150 west longitude between the degrees 40 south longitude and 20 north latitude.
e) In the Indian Ocean and its dependent waters north of the degree 40 south latitude.
5. It is prohibited to use a factory-factory or a whale-hunting vessel dependent on that, in order to catch or benefit whales with beards in waters south of the degree 40 south latitude, from the degree 70 west longitude to the west to the extent 160 west length.
6. It is prohibited to use a factory-factory or a whale-hunting vessel dependent on it for the purpose of capturing or benefiting humpback whales in any waters south of latitude 40 south latitude.
7. (a) it is prohibited to use a factory-factory or a whaling vessel independent of it in order to benefit whales with beards in any waters south of the latitude 40 south latitude, except during the period from 15 December to 19 Next April, both dates inclusive.
b) Notwithstanding the previous ban on profit during the closed season, the benefit of the whales caught during the hunting season may be terminated after they are closed.
8. (a) The number of whales with beards caught during the open season, hunted in any water south of the degree 40 south latitude, by boat-hunting vessels dependent on factory vessels under the jurisdiction of the contracting governments, will not exceed 16,000 units of blue whales.
b) For the purposes of the letter a. of this paragraph, the blue whale units shall be calculated on the basis of a blue whale equivalent to:
1. Two fin whales or
2. Two and a half humpback whales or
3. Six boba whales
c) In accordance with the provisions of Article 7 of the Convention, a notification must be sent within 2 days of the end of each calendar week, with data on the quantity of blue whale units captured in the any waters south of grade 40, south latitude, by all whaling vessels, dependent on factory vessels, under the jurisdiction of each Contracting Government.
d) If it appears that the maximum capture allowed by the letter a. of this paragraph may be reached before 19 April of any year, the Commission or any other entity designated by it, shall determine on the basis of the data provided, the date on which the maximum catch of whales shall be deemed to have been reached, and shall notify each Contracting Government of that date, with no less than two weeks ' notice. Catching whales with beards by boat-hunting vessels dependent on factory vessels will be illegal in any waters south of grade 40, south latitude, after the date so determined.
e) In accordance with the provisions of Article 7 of the Convention, notification must be sent, in respect of each factory-factory which intends to carry out whaling operations in any waters south of the degree 40 south latitude.
9. It is prohibited to capture or kill any blue, fin, boba, humpback or sperm whale of less than the following lengths:
a) Blue Whales, 70 ft (21.3 metres)
b) Whale balls, 55 feet (16.8 meters)
c) Balls, 40 feet (12.2 meters)
d) Humpbacks, 35 feet (10.7 meters)
e) Cachalotes, 35 ft (10.7 meters)
With the exception that blue whales not less than 65 feet (19.8 meters), fin whales not less than 50 feet (15.2 meters) and boba whales not less than 35 feet (10.7 meters) long, can be captured for delivery to plants. land provided that the meat of such whales is for use in local consumption as human or animal food.
Whales must be measured when they are on top of deck or on a platform, as accurately as possible, by means of a steel measuring tape with a handle at the height of zero that can be nailed to the edge of the deck. in front of the end of the whale. This measuring tape will extend in a straight line and parallel to the whale's body, reading at the other end of the whale. For the purposes of its measurement, the ends of the whale will be the tip of the upper jaw and the endures between the tail fins. The measurements, after having been accurately taken with the measuring tape, will be rounded towards the figure, standing closer, this is any whale between: 75 '6 "and 76' 6", will be recorded as 76 ', and any whale between 76' 6 "and 77 ' 6", will be registered as 77 '. The measurement of any whale that falls exactly in the figure corresponding to a half-foot, will be scored in the upper half-foot, for example, 76 '6 " exactly will be scored as 77'.
10. It is prohibited to use a land plant or a whaling vessel dependent on it for the purpose of catching or benefiting whales with beards in any area or in any waters for more than six months in any 12-month period, if that six-month period is continuous in character.
11. It is prohibited to use a factory-factory, which has been used for a season in any waters south of latitude degree 40 south in order to benefit whales with beards, in any other zone and for the same purpose, within the period of a year to be counted since the end of that season.
12. (a) all the whales caught shall be delivered to the factory or to the ground floor and all parts of such whales shall be benefited by cooking or otherwise, except for the internal organs, bones and fins of all whales; meat of sperm whales and parts of whales intended for human food or animal feed.
b) The full benefit of the bodies of "Dauhval" and of whales used as batons, will not be necessary in cases where the meat or bones of such whales are in poor condition.
13. The capture of whales for delivery to a factory-factory will be in such a form regulated or restricted by the captain or the person in charge of the factory-factory, which no whale body (except for a whale used as batayola) will remain in the sea for a period of more than 33 hours from the moment it is killed until it is carried to cover of the factory-factory in which it is taken to be benefited. All whale hunters working on the catch must report to the factory-factory the moment each whale is captured.
14. The gunboats and crew of the factory ships, land plants and whaling vessels will be engaged in such conditions that their remuneration will depend to a great extent on those factors such as the species, size and performance of the vessels. the whales caught and not just the amount of the whales caught. No gratification or other remuneration shall be paid to the gunboats or crew of the whaling vessels with respect to the catch of lactating whales.
15. A copy of all official laws and regulations relating to whales and whale hunting and amendments to those laws and regulations shall be sent to the Commission.
16. In accordance with the provisions of Article 7 of the Convention, statistical information must be sent in respect of all the vessels factories and land plants: (a) relating to the number of whales taken from each species, the number of whales lost, and the number of the beneficiaries in each factory or land plant, and (b) the total quantities of oil at each graduation and the quantities of meat, fertilizers (guano) and other products derived therefrom, together with c) details with respect to each whale benefiting by boat or land plant as to the date, latitude and approximate length of their catch, the species and sex of the the whale, its long and, if it contains a fetus, the long and sex, if it can be specified, of the fetus. The data referred to in points (a) and (c) above shall be verified at the time the accounts are recorded and any information which may be collected or obtained in relation to the birth areas and routes shall also be notified to the Commission. migration of the whales.
When communicating this information, it must be specified:
a) The name and gross tonnage of each manufacturer;
b) The total gross tonnage and number of whaling vessels;
c) A list of land plants that were in operation during the respective period.
17. Notwithstanding the definition of land plant contained in Article II of the Convention, the ship manufactures operating under the jurisdiction of a Contracting Government and whose movements are limited only to the territorial waters of that Government, shall be subject to the rules governing the operations of ground stations within the following areas:
a) On the coast of Madagascar and its dependencies and on the western coasts of French Africa;
b) On the western coast of Australia, in the known area of Shark Bay and north to the Northwest Cape and including Exmouth Gulf and King George's Sound, including the port of Albany; and on the eastern coast of Australia, in Twofold Bay and Jervis Bay.
18. The following expressions have the meanings assigned to them, i.e.: "whale with beards", means any whale that is not toothed;
"blue whale" means any whale known by the name of blue whale, Sibbald yubarta or sulfureous bottom;
"fin whale" means any whale known with the common name of fin whale, common yubarta, common balenopter, "finback", "finner", "fin whale", "herring whale", "razorback" or true fin whale.
"Ballena boba" means any whale known by the name of Baleanoptera borealis, "sei whale", yubarta of Rudolphi, whale "pollaback" or whale "coalfish" and is understood to include the Balaenoptera brydel, whale of bryde;
"Grey Whale" means any whale known with the name of gray whale, california gray, "devil fish", "hard head", "mussel digger", "gray back", "rib sack";
"Humpback Whale" means any whale known with the name bunch, humpback whale "hump whale" or "hunchbacked whale";
"Free Whale" means any whale known by the name of the Atlantic right whale, the Arctic right whale, the Viscaya whale, the "bowhead", the great polar whale, the Greenland whale, Greenland whale, "nordkaper", North Atlantic right whale, North Cape whale, Pacific straight whale, pygmea right whale, southern pygmea right whale, or southern straight whale;
"Cachalote" means any whale with the name of sperm whale, whale "spermacet" or whale "pot";
"Dauhval" means any unclaimed dead whale, found afloat.
ANNEX.
To the International Convention for the Regulation of the Whale Hunt, as amended at the 59th meeting of the International Whaling Commission, held in Anchorage, Alaska, from 28 to 31 May 2007
I. INTERPRETATION
1. The following expressions have the meanings that, respectively, are attributed to them, namely:
A) Whales with beards ("misticetos") :
Whale with beards ("misticeto") means any whale that has beards or corneas in the mouth, that is, a whale other than the odontoketo whale.
Blue whale ("Balaenoptera musculus") means every whale known with the name of blue whale, a blue-robed, a rrorwhich of sibbald, a whale of azufrado belly, including the pygmea blue whale. Greenland whale ("Ballena mysticetus") means every known whale with the names of "Bowhead whale," Arctic right whale, great polar whale, Greenland's right whale, Greenland whale.
Rorual de Bryde ("Balaenoptera edeni", " B. brydei ") means any whale known to be a brominated whale or a bryde whale.
Common ("Balaenoptera physalus") means any whale known as a common rorter, fin whale, "Finback", "Fin whale", "Herrig whale" or "True fin whale".
Gray Whale ("Eschricthius robuus") means every whale known for gray whale, California gray, devil fish ("Devilfish") , "Hard head," "Mussel digger," "Gray bach" or "Rip sack." Yubarta ("Megaptera novaeangliae") means any whale known by yubarta, jubarte, humpback whale, nodosa megaptera, "Humpback whale", "Humpbacked whale", "Hunchbeked whale" or "Hump whale".
Minor ("Balaenoptera acurostrata", " B. bonaaerensis ") means any whale known to be the smallest of the whales, which is a white whale, minke whale," Little pikedhale "," Pikeheaded whale "or" Sharp headed finner ".
Pigmea right whale ("Capreea marginata") means any whale known as the "Pigmy rightwhale" southern pygmea right whale) or a pygmea or dwarf right whale.
Ebalia franca ("Eubalaena glacialis", " E. ") means any whale known as the Atlantic right whale (" Right whale "), the Arctic right whale, the Biscay-free whale" Nordkaper ", the North Atlantic right whale, the North Cape whale (" North cape whale "), the whale Pacific franc or austral right whale.
Northern rorwhich ("Balaenoptera borealis") means any whale known as the northern rrorwhich, rrorwhich of Rudolf, borealis, "Pollack whale" or "Coalfish whale").
B) Odontocetuses:
Odontoceto ("Tooted whale") means every whale that has teeth in the jaws.
Zifio means any whale belonging to the genus "Mesoplodon" or any whale known as a whale of Cubier ("Ziphius cavisrostris") or whale of Sheperd ("Tasmacetus shepherdi"). Bottle-snout whale ("Bottlenose whale") means any whale known as the Baird whale ("Berardius baidii"), a whale of Arnoux ("Berardius arnuixii"), a whale of southern bottle snout ("Stern bottlenose whale") (" Hyperoodon planifrons ") or North-bottle snout whale (" H. ampulatus ").
Orca ("Orcinus orca") means every whale known as a killer whale or "Killerwhale." Pilot whale means any whale known as a pilot whale "Long finished pilot whale" ("Globicephala melaena") or "Short finished pilot whale" (" G. macrorhynchus '). Sperm whale ("Physetter macrocephalus") means any whale known as sperm whale ("Sperm whale") "Spermacet whale" or "Port whale".
C) Generalities:
Arponear means penetrating a whale with a weapon used for whale capture. Download means to deliver a factory-factory to a ground station or anywhere else where the whale can be processed.
Catch means to put a flag or buoy to the whale or tie it to the crossbow. Losing means harping or catching the whale but not getting to download it. "Dauhval" means every whale found dead, not claimed.
Lactating Whale means: a) with respect to beards with beards ("misticetuses") , a female with milk present, however small, in the mammary gland; b) with respect to sperm whales, a female having milk in the mammary gland whose maximum thickness is 10 centimeters or more. This measurement shall be carried out at the ventral point of the mammary gland perpendicular to the axis of the body and shall be rounded to the nearest centimeter, that is, a gland between 9.5 and 10.5 centimeters shall be considered as 10 centimeters. The average of any gland whose fraction corresponds exactly to 0,5 centimeters shall be rounded by adding half a centimetre, for example, 10.5 centimeters shall be computed as 11 centimeters.
By way of derogation from these criteria, a whale shall not be regarded as a lactating whale if scientific (histological or other biological) evidence is presented to the competent national authority, demonstrating that the whale at that point in its cycle physical could not have had a crossbow that depended on her for breastfeeding.
Whale hunting in minor operations means catch operations using motor boats that carry arponero cannons and fish, only minor rorts, bottle-snout whale, zifios, pilots or orcas.
II. SEASONS
Factory-factory operations
2. (a) It shall be prohibited to use a factory-factory or a crossbow attached to it for the purpose of catching or treating whales with beards ("misticetuses") , except for minor ones in waters south of the south latitude 40o, except for the period from 12 December to 7 April, both days inclusive.
(b) It is prohibited to use a factory-factory or a crossbow attached to it for the purpose of capturing or processing sperm whales, which are smaller, except to the extent permitted by the Contracting Governments in accordance with the provisions of the paragraphs (c) and (d) of this paragraph and paragraph 5.
(c) Each of the Contracting Governments shall declare, in respect of all factory and whalers attached to them under its jurisdiction, a season or seasons of capture not exceeding eight months in any period of twelve months, during which the whalers shall be allowed to capture or kill sperm whales; however, a separate catch season may be declared for each factory-factory and the whalers attached thereto.
(d) Each of the Contracting Governments shall declare, in respect of all factory and whalers attached thereto, a continuous season of capture which shall not exceed six months in any twelve-month period during which it is allow the whalers to capture or kill minor rorts, however:
1. A separate catch season may be declared for each factory-factory and whalers attached to it.
2. The catch season shall not necessarily include all or part of the period declared for other whales with beards ("misticetuses"). , in accordance with the provisions of paragraph (a) of this point.
3. It shall be prohibited to use a factory-factory which has been used for a season in waters south of the south latitude 40o for the purpose of processing whales with beards ("misticetuses"). , except for minor rorts in any other area, except in the northern Pacific Ocean and its dependent waters to the north of the Equator for the same purpose, for a period of one year, to be counted since the end of that season; The catch limits in the Northern Pacific Ocean and dependent waters are set out in the form set out in paragraphs 12 and 16 of this Annex and it is available that this paragraph shall not apply to a vessel which has used during the season exclusively for the freezing or salting of meat and viscera whales for human or animal feed.
Land station operations
4. (a) It shall be prohibited to use a crossbow attached to a land station to kill or attempt to kill sperm whales, except as permitted by the Contracting Government, in accordance with paragraphs (b), (c) and (d) of this paragraph.
b) Each of the Contracting Governments shall declare, for all land stations under its jurisdiction and whalers attached to such land stations, a catch season during which the whalers shall be permitted to catch or killing whales with beards ("misticetuses") , except for minor ones. This catch season shall cover a period which may not exceed six consecutive months in a period of 12 months and shall apply to all land stations under the jurisdiction of the Contracting Government; however, a capture season separately from any ground station (used to capture or process whales with beards ("misticetuses") , except for minor ones) when it is at a distance greater than 1,000 miles from the nearest ground station (used to capture or process whales with beards ("misticetuses") , except for minor ones), under the jurisdiction of the same Contracting Government.
c) Each of the Contracting Governments shall declare, for all land stations under its jurisdiction and the whalers attached to such land stations, a catch season that shall not exceed eight continuous months in any twelve-month period, during which the whalers shall be allowed to catch or kill sperm whales; however, a catch season may be declared for any ground station (used to catch or treat sperm whales) which is more than 1,000 miles from the nearest land station (used to capture or treat (a) under the jurisdiction of the same Contracting Government.
(d) Each of the Contracting Governments shall declare, for all land stations under its jurisdiction and the whalers attached to such ground stations, a catch season that shall not exceed six continuous months in any twelve-month period, during which time the whalers shall be allowed to catch or kill minor rorts (this period shall not necessarily coincide with the period declared for other whales with beards ("misticetuses") , in accordance with paragraph (b) of this point; however, a separate catch season may be declared for any ground station used to capture or process minor rorms provided it is at a distance greater than 1,000 miles from the nearest land station used to capture or to treat minors under the jurisdiction of the same Contracting Government.
The exception is provided that a separate catch season may be declared for any land station used to capture or treat minor rorms, provided that the station is located in an area that has conditions clearly distinguishable from those corresponding to the area in which the other ground stations are located, used to capture or to treat minor rorts under the jurisdiction of the same Contracting Government; but the declaration of a separate catch season, in accordance with the provisions of this paragraph, shall not cause the period corresponding to the catch seasons declared by the same Contracting Government to exceed nine continuous months in any 12-month period.
(e) The prohibitions contained in this point shall apply to all land stations as defined in Article II of the Convention of 1946 on the hunting of the whale.
Other operations
5. Each of the Contracting Governments shall declare, in respect of all whalers under its jurisdiction that they do not operate in combination with a factory or ground station, a continuous season of capture which shall not exceed six months in any the period of 12 months, during which the catch or death of minor rorts may be allowed to those whalers. By way of derogation from this subparagraph, in respect of Greenland, a continuous season of capture may be declared which does not exceed nine months.
III. CATCHES
6. The death of whales for commercial purposes, except for the smaller ones, using cold, non-explosive harpoon, will be prohibited from the beginning of the pelagic season of 1980-1981 and the coastal season of 1981. The death of minors for commercial purposes using cold, non-explosive harpoon will be prohibited from the 1982-1983 pelagic season and the 1983 coastal season.
[The governments of Brazil, Iceland, Japan, Norway and the Union of Soviet Socialist Republics submitted objections to the second sentence of paragraph 6 within the prescribed period, so this regulation came into effect on March 8, 1982, except for these governments. Norway withdrew its objection on 9 July 1985 and Brazil on 8 January 1992. Iceland withdrew from the Convention with effect on 30 June 1992. As Japan and the Russian Federation have not withdrawn their respective objections, the aforementioned regulation does not oblige them].
7. (a) In accordance with Article V (1), (c) of the Convention, commercial whaling, either by pelagic operations or from land-based stations, is prohibited in the region known as the "Indian Ocean Sanctuary". This region comprises the waters of the northern hemisphere, from the coast of Africa to the 100o E, including the Red and Arabian seas and the Gulf of Oman, and the waters of the southern hemisphere in the sector from 20o E to 130o E, with the southern limit This prohibition is applicable irrespective of the catch limits which the Commission may at some time determine for odontocetuses or misticuses. This ban will be reviewed by the Commission at its annual meeting in 2002. [At its 54th Annual Meeting in 2002, the Commission agreed to maintain this ban, but did not discuss whether or not a date should be set for a new review].
(b) In accordance with Article V (1), (c) of the Convention, commercial whaling, either by pelagic operations or from land stations, is prohibited in the region known as the Southern Ocean Sanctuary. This Sanctuary comprises the waters of the southern hemisphere to the south of the following line: the starting point is that of 40o S, 50o W; hence, in the direction east until 20o E; hence, in the south direction until 55o S; then, in the direction east to the 130o E; then, in the north direction up to the 40o S; then, in the direction east to the 130o W; then, in the south direction until the 60 or south; then, in the direction east to the 50 W, and finally, in the north direction to the starting point:
This prohibition is applicable regardless of the classification, for the purposes of its conservation, of the populations of odontocetes and misticetuses present in the Sanctuary, as it may determine at one time or another the Commission. However, this prohibition will be reviewed after 10 years of its adoption and in the successive ten-year intervals, as well as the review at the time of the decision of the Commission. Nothing in this sub-paragraph will prejudge the special legal and political status of Antarctica.
[The Government of Japan submitted an objection to paragraph 7 (b) on the basis of a working deadline, as regards the smaller Antarctic population.
The Government of the Russian Federation also raised an objection to paragraph 7 (b) within the time limit, but withdrew it on 26 October 1994.
Paragraph 7 (b) entered into force on 6 December 1994 for all Contracting Governments except Japan].
[Paragraph 7 (b)] contains a clause relating to the review of the Southern Ocean Sanctuary "after ten years of its adoption". Paragraph 7 (b) was adopted at the 46th annual meeting (1994). Thus, the first review corresponds to the year 2004].
Zone limits for factory-ships
8. It shall be prohibited to use a factory-factory or a crossbow attached to it for the purpose of capturing or processing whales with beards ("misticetuses"). , except for minor ones, in any of the following areas:
(a) In waters north of 66o N, with the exception which, in the space between 150o E and east to 140o W, shall be allowed to catch or kill whales with beards ("misticetuses") by a factory-factory or crossbow between 66o N and 72o N.
b) In the Atlantic Ocean and dependent waters north of the 40o S.
c) In the Pacific Ocean and dependent waters east of 150o W, between the 40o S and the 35o N.
d) In the Pacific Ocean and waters west of the 150o W, between the 40o S and the 20o N.
e) In the Indian Ocean and its dependent waters north of the 40o S.
Classification of zones and divisions
9. a) Classification of areas: Whale-related areas with beards ("misticetuses") , with the exception of the Bryde rorwhich in the southern hemisphere, are those corresponding to the waters between the ice limit and the Equator, which are between the meridians of length shown in Table 1.
b) Classification of Divisions: Divisions related to the sperm whales of the southern hemisphere are those corresponding to the waters between the ice limit and the Equator, comprised between the meridians of length shown in Table 3.
c) Geographical limits in the North Atlantic: The geographical boundaries of the common, minor and northern regions in the North Atlantic are:
Common Rrorwhich Populations
Nova Scotia: South and west of a line through 47o N 54o W, 46o N, 54o30 ' W, 46o N 42o W and 20oN 42oW.
Mediterranean-Labrador: To the west of a line through 75o N, 73o30 'W, 69o N 59o W, 61o N 59o W, 52o20' N 42o W, and north of a line through 46oN 42o W, 46oN 54o30 'W, 47' N 54o W.
Western Greenland: East of a line through 75o N, 73o30 'W, 69o N 59o W, 61o N 59o W, 52o20' N 42o W, and west of a line through 52o '20' N 42o W, 59o N 42o W, 59o N 44o W, Kap farvel.
Eastern Greenland-Iceland: East of a line through Kap farvel (southern Greenland), 59o N 44o W, 59o N 42o W, 20o N 42o W, and west of a line through 20o N 18o W, 60o N 18o W, 68o N 3o E, 74o N, 3o E, and south of 74o N.
Northern Norway: To the north and east of a line through 74o N, 22o W, 74o N 3o E, 68o N 3o E, 67o N 0o, 67o N 14o E.
Western Norway and Faroe Islands: South of a line through 67o N, 14o E, 67o N 0o, 60o N 18o W, and north of a line through 61o N 16o W, 61o N 0o. Thyborn (western entrance to Limfjorden, Denmark).
Spain-Portugal-British Isles: South of a line through Thyborn (Denmark); 61o N, 0o, 61o N 16o W, and east of a line through 63oN 11o W, 60 ' N 18o W, 22o N 18o W.
Child Rorless Population
Canadian East Coast: To the west of a line through 75o N 73o30 'W, 69o N, 59o W, 61o N 59o W and 52o20' N 42oW, 20o N 42oW.
Western Greenland: East of a line through 75o N, 73o30 'W, 69o N 59o W, 61o N 59o W, 52o20o N 42o W, and west of a line through 52o20' N 42o W, 59o N 42o W, 59o N 44o W Kap farvel.
Central: East of a line through Kap farvel (southern Greenland), 50o N, 44o W, 59o N 42o W, 20o N, 42o W, and west of a line through 20o N 18o W, 60o N 18o W, 68o N 3o E, 74o N 3o E, and south of 74o N.
Northeast: East of a line through 20o N 18o W, 60o N 18o W, 68o N 3o E, 74o N 3o E, and north of a line through 74o N 3o E, 74o N 22o W.
Northerners Poblations
Nova Scotia: South and west of a line through 47o N 54o W, 46o N, 54o 30 ' W, 46o N 42o W and 20o N 42o W.
Denmark-Strait of Denmark: East of a line through Kap farvel (southern Greenland), 59o N 44o W, 59o N 42o W, 20o N 42o W, and to the west of a line through 20o N 18o W, 60o N 18o W, 68o N 3o E, 74o N 3o E, and south of the 74o N.
Oriental: East of a line through 20o N, 18o W, 60o N 18o W, 68o N 3o E, 74o N 3o E, and north of a line through 74o N 3o E, 74o N 22o W.
(d) Geographical boundaries in the Northern Pacific: The geographical limits for the populations of sperm whales, which are of Bryde and the smallest number of whales ("Minke") in the northern Pacific are:
Cache Populations
Western Division: To the west of a line from the boundary of the southern ice, along the meridian 180o in length up to 180o, 50 N; then, to the east, along the parallel of 50o N of latitude to the 160o W, 50 N; then, to the south, to the length of the meridian of length 160o W, 40o N; thereafter, to the east, along the parallel of latitude 40o N to 150o W, 40o N; then, to the south, along the meridian of longitude 150o W, to the Equator.
Eastern Division: To the east of the line described above.
Bryde populations of Bryde
East China Sea: To the west of the Ryuko island chain.
Western populations: To the west of 160o W (excluding the area of East China Sea populations).
Eastern populations: east of 160o W (excluding the Peruvian population zone).
Minor Rorual Populations ("Minke")
Sea of Japan-Yellow Sea-East China Sea: To the west of a line linking the Philippine Islands, Taiwan, Ryukyu Islands, Kyushu Honshu, Honshu, Hokkaido and Sakhalin Island to the north of Ecuador.
Sea of Okhotsk-Western Pacific: East of the Sea of Japan, Yellow Sea, East China Sea, and west of the meridian of 180o to the north of Ecuador.
Rest: East of the Okhotsk Sea and western Pacific population north of Ecuador.
e) Geographical limits of the Bryde populations in the southern hemisphere:
Southern Indian Ocean: From 20o E to 130o E, south of Ecuador.
Solomon Islands: From 150o E to 170o E, 20o S to Ecuador.
south-western Pacific: From 130o E, 150o W, to the south of Ecuador (excluding the zone of Solomon Islands populations).
South African coast: To the west of 27o E and to the isobath of 200 meters. Peru: 110o W, up to the South American coast, 10o S up to 10o N.
Southeast Pacific: 150o W up to 70o W south of Ecuador (excluding the Peruvian population zone).
Southern Atlantic: From 70o W to 20o E, south of Ecuador (excluding the population zone of the South African coast).
Classification of Populations
10. All stocks of whales shall be classified in one of the three categories listed below, in accordance with the opinion of the Scientific Committee.
a) Sustainable management stock (SMSs) are the stocks that do not exceed 10 per 100 of the level of stocks below the maximum sustainable yield ('Maximum sustainable yield ') forward MSY) and not more than 20 per 100 above this level; the MSY shall be determined on the basis of the number of whales.
When a population has remained at a stable level for a considerable period of time with an approximately constant catch regime, it will be classified as a "sustained-use population" (SMS) if no other evidence exists. positive that it should be classified in another way.
The commercial whaling of stocks of sustainable use (SMS) will be allowed, in accordance with the opinion of the Scientific Committee. These stocks are included in Tables 1, 2 and 3 of this Annex.
For populations at or above the maximum sustainable yield (MSY), the allowable catch shall not exceed 90 per 100 of the MSY. For populations between the MSY level and 10 per 100 below that level, the allowable catch shall not exceed the number of whales obtained by taking 90 per 100 of the MSY and reducing that number by 10 per 100 per 1 per 100 difference between the current level of the resource and the MSY.
b) Initial utilization ("Initial management stock", IMS) populations are the populations that exceed by more than 20 percent of the MSY level on the MSY level of the population. Commercial whaling shall be permitted in the initial use stocks, in accordance with the opinion of the Scientific Committee, to the extent necessary to adapt stocks to the MSY stock level and after the optimal level in efficient and without incurring the risk of reducing them below that level. The catch allowed in such stocks shall not exceed 90 per 100 of the MSY as far as it is known, or where the catch effort is more appropriate, it shall be limited to 90 per 100 of the MSY in a stock with the level of MSY populations.
In the absence of positive evidence that a higher continued percentage will not reduce the level of stocks below the MSY stock level, no more than 5 per 100 of the exploitable stocks will be captured in one year Estimated initial. The holding shall not commence until an estimate has been made of the volume of stocks, which shall be satisfactory in the opinion of the Scientific Committee. Tables 1, 2 and 3 of this Annex include stocks classified as initial use stocks ('Initial management stock ').
c) Protection Populations (PS) are the populations that are 10 per 100 of the MSY population level below the MSY population level.
There will be no commercial whaling of protection populations (PS). The populations thus classified are found in Tables 1, 2 and 3 of this Annex.
(d) Notwithstanding the other provisions of paragraph 10, there shall be a moratorium on the capture, death or processing of whales, excluding the minor ones, by the factory-factory or whalers attached to factory ships. This moratorium shall apply to whales, whales and whales with beards ("misticetuses"). , except for minor ones.
(e) Notwithstanding the other provisions of paragraph 10, the catch limits for the slaughter for commercial purposes of whales of all populations for the coastal 1986, pelagic seasons 1985-1986 and subsequent years shall be zero until the Commission decides otherwise. This rule will remain subject to revision of a more precise scientific advice and by 1990, at most, the Commission will assess the effects of this decision on whale stocks and will consider the modification of this provision and the establishment of other catch limits. [The governments of Japan, Norway, Peru and the USSR have objected to paragraph 10.e), within the prescribed period. This paragraph came into force on 3 February 1983 but is not binding on those governments. Peru withdrew its objection on 22 July 1983. The Government of Japan withdrew its objection with effect from 1 May 1987 as regards the pelagic hunting of whales for commercial purposes; from 1 October 1987 for the purpose of coastal hunting for commercial purposes, of the minor and of the Rorual or Whale Bryde, and from 1 April 1988 for the purpose of coastal hunting, for commercial purposes, of sperm whales.
Since Norway and the Russian Federation have not withdrawn their respective objections, this paragraph does not oblige the relevant governments.]
[Iceland's instrument of accession to the International Convention for the Regulation of Whale Hunting and to the Protocol to the Convention deposited on 10 October 2002 provides that Iceland " adheres to the above mentioned Convention and Protocol with a reservation in respect of paragraph 10.e) of the Annex to the Convention ".
The instrument also sets the following:
" However, the Government of Iceland will not authorise whaling activities for commercial purposes by Icelandic vessels before 2006 and will not, thereafter, authorise such activities as long as the negotiations on the RMS within the CBI. This does not apply, however, in the event that the so-called moratorium on commercial whaling, contained in paragraph 10.e) of the Annex is not lifted in a reasonable time after the RMS is completed.
Whaling activities for commercial purposes shall not be authorized under any circumstances without a sound scientific basis and an effective management and compliance scheme. "] [The governments of Germany, Argentina, Australia, Brazil, Chile, Finland, France, Spain, the United States of America, Italy, Mexico, Monaco, New Zealand, the Netherlands, Peru, the United Kingdom, San Marino and Sweden have objected to the Iceland to paragraph 10.e)].
Ballins with beards ("misticets"). Catch limits
11. The number of whales with beards to be captured in the southern hemisphere during the pelagic season of 2007/2008 and during the 2008 coastal season may not exceed the limits set out in Tables 1 and 2.
12. The number of beards with beards ("misticetos") caught in the northern Pacific Ocean and its dependent waters in 2008 and in the North Atlantic Ocean in 2008, shall not exceed the limits set out in Tables 1 and 2.
13. (a) In spite of the provisions of paragraph 10, the catch limits for whales for the subsistence needs of Aboriginal people in the 1984 and subsequent whaling season are set out in accordance with the following principles:
1. In populations at a level equal to or higher than the MSY, whale catching shall be permitted to aborigines as long as it does not exceed 90 per 100 of the MSY.
2. In populations below the MSY but above a certain minimum level, aborigines will be allowed to catch whales as long as they are carried out at levels that will allow the recovery of these populations to reach the MSY. [On a proposal from the Scientific Committee, the Commission shall establish as far as possible: (a) a minimum level for each population below which the catch of whales will not be permitted, and (b) the proportion of the increase needed to achieve the MSY in each population. The Scientific Committee shall propose to the Commission the minimum population level and the rate of increase to achieve the MSY under different types of catch schemes.]
3. These standards will be subject to review, based on better scientific advice, and by 1990, at the latest, the Commission will assess the effects produced on whale populations, for possible modification.
4. For the whaling activities of the aborigines developed under sub-paragraphs (b) (1), (b) (2) and (b) (3) of this paragraph, it shall be prohibited to set up, catch or kill ballenatos as well as any whale with ballenate. For the whalers activities of aborigines developed under sub-paragraph (b) (4) of this paragraph, it shall be prohibited to put on or off, catch or kill lactating whalers or female whales accompanied by crossbows.
5. All Aboriginal whaling activities must be carried out under the national legislation in accordance with this paragraph.
b) The whale catch limits for aborigines will be as follows:
1. Aboriginal people are allowed to catch whales from Greenland ("Bowhead") of the population of the seas of Bering, Chukchi and Beaufort, but only when the meat and the product of these whales are used exclusively for the local consumption of the Aborigines and with such that:
(i) During the years 2008, 2009, 2010, 2011 and 2012, the number of Greenland whales discharged will not be greater than 280; for each of those years the number of harpooned whales will not exceed 67, except for the share of the quota of Greenland. Arponeable whales which have not been used in one year (including the 15 unused quota for 2003-07) may be added to the arponable quota of any subsequent years, provided that the quota of one-year arponeable no more than 15 arponements are added to it.
(ii) The Commission will review this clause every year, taking into account the advice given to it by the Scientific Committee.
2. The capture of gray whales from the eastern population of the North Pacific is allowed, but only by aborigines or by contracting governments in favor of the aborigines and, in this case, only when the meat and products of these whales are used exclusively for local consumption of Aboriginal people:
(i) During the years 2008, 2009, 2010, 2011 and 2012, the number of gray whales captured in accordance with this sub-paragraph may not exceed 620, provided that the number of gray whales captured in any of the years 2008, 2009, 2010, 2011 or 2012 does not exceed 140.
(ii) The Commission will review this clause every year, taking into account the advice given to it by the Scientific Committee.
3. Aborigines are allowed to capture the minor Rorual whale (Minke) of the western Greenland and central populations, a common rorfish of the western Greenland and Greenland whales of the West of Greenland, only when the meat and product of these whales are used exclusively for local consumption.
(i) The number of common rorts of western Greenland populations that have been set in accordance with this sub-paragraph shall not exceed 19 in any of the years 2008, 2009, 2010, 2011 and 2012.
(ii) The number of minor (Minke) number of the number of Central Stock (Minke) stocks under this sub-paragraph shall not exceed 12 in each of the years 2008, 2009, 2010, 2011 and 2012, except for the portion of the quota that is not used in one year may be added to the quota for any subsequent years, provided that the quota for a single year is not added to more than 3 years.
(iii) The number of minor (Minke) rorts of the West Greenland populations shall not exceed 200 in any of the years 2008, 2009, 2010, 2011 and 2012, except for the portion of the quota that has not been used in one year may be added to the arponable quota of any of the following years, provided that the quota of one-year arponable is not added to more than 15 arponements. This clause shall be reviewed annually by the Commission, in accordance with the conclusions and recommendations of the Scientific Committee, which shall be binding.
(iv) The number of Greenland whales in Greenland West of Greenland under this sub-paragraph shall not exceed 2 in each of the years 2008, 2009, 2010, 2011 and 2012, except for the portion of the quota that has not been used in a year may be added to the quota for any subsequent years, provided that the quota for a single year is not added to more than 3 years. In addition, the quota for each year will be operational only after the Commission has received advice from the Scientific Committee that the harponements cannot endanger the population.
4. In the 2008-2012 campaigns, the number of yubarts captured by the natural people of Bequia, in Saint Vincent and the Grenadines, shall not exceed 20. The meat and products of these whales will be used exclusively for local consumption in Saint Vincent and the Grenadines.
14. It is prohibited to capture or kill lactating whalers or female whales accompanied by ballenates.
Ballins with beards (misticets). Size limits
15. (a) It shall be prohibited to catch or to kill any northerners or rrorwhich of Bryde whose length is less than 40 ft (12,2 metres), with the exception that any northerners or rrorwhich of Bryde whose length is not less than 35 ft may be captured (10.7 meters) for delivery to terrestrial stations, provided that the meat of these whales is to be used for local consumption as food or food for the animals.
b) It is prohibited to catch or kill common rorts whose length is less than 57 feet (17.4 meters) in the southern hemisphere and it is prohibited to catch or kill any of the smaller 55 feet (16.8 meters) in the northern hemisphere; the exception of which common rorls of no less than 55 feet (16.8 meters) can be caught in the southern hemisphere for delivery to the ground stations, and common rorls of no less than 50 feet (15.2 meters) can be caught in the northern hemisphere for their delivery. delivery to the ground stations, provided that in all cases the meat of such whales is used for local consumption as human or animal feed.
Cachalotes. Catch limits
16. The catch limits for sperm whales of both sexes will be zero in the southern hemisphere in the pelagic season of 1981-1982, and the 1982 coastal season and in the following seasons and zero specimens in the northern hemisphere in the coastal seasons of 1982 and following; the exception is that the catch limits in the coastal seasons of 1982 and subsequent in the western division of the northern Pacific will remain undetermined and subject to the decision of the Commission, after the special or annual meetings of the Scientific Committee. Those limits shall remain in force until such time as the Commission, on the basis of the scientific information to be reviewed annually, decides otherwise in accordance with the procedures followed at that time by the Commission.
17. It shall be prohibited to capture or kill ballenates in breast-feeding periods or females which are accompanied by ballenates.
Cachalotes. Size limits
18. (a) It is prohibited to capture or kill sperm whales with a length of less than 30 feet (9,2 meters), except in the northern Atlantic Ocean, where it is prohibited to capture or kill sperm whales less than 35 feet (10,7 meters).
b) It is prohibited to capture or kill any sperm whale more than 45 feet (13.7 meters) in length in the southern hemisphere to the north of the south latitude 40o during the months of October to January, inclusive.
(c) It is prohibited to capture or kill any sperm whale more than 45 feet (13.7 meters) in length in the northern Pacific Ocean and its dependent waters south of the north latitude 40o during the months of March to June, inclusive.
IV. TREATMENT
19. (a) It shall be prohibited to use a factory or ground station to process any whale that is classified as a protection population (PS) in paragraph 10 or to be caught in contravention of paragraphs 2, 3, 4, 5, 6, 7, 8, 11, 12, 14, 16 and 17 of this Annex, having or not been captured by whalers under the jurisdiction of a Contracting Government.
(b) All other whales, except for the minor ones, which are caught, shall be delivered to the factory or to the ground station and all parts of such whales shall be made by boiling or other system, except the viscera, the bones of whales and fins, the meat of sperm whales and the parts of the whales intended for human food or animal feed. Exceptionally, a Contracting Government may, in less developed regions, permit the treatment of whales without the use of land-based stations, provided that such whales are fully used in accordance with the provisions in this paragraph.
(c) The full treatment of dauhval offal and whales used as a defence splice shall not be required in cases where the meat or bones of such whales are in poor condition.
20. (a) The capture of whales for treatment by a factory-factory shall be regulated or restricted by the Captain or the person in charge of the factory-factory in such a way that no whale dispossession (except for a whale used as a defence splice, which shall be drawn up as soon as reasonably practicable) shall remain at sea for a period of more than thirty-three hours from the date on which it has been killed until the time it is raised for treatment.
(b) Whales caught by all whalers, either for factory ships or ground stations, will be clearly marked so that the crossbow is identified and the order of capture is indicated.
V. SUPERVISION AND CONTROL
21. (a) In each factory-factory there shall be at least two Whale-hunting Inspectors for the purpose of maintaining an inspection round the clock, with at least one of those Inspectors being established to be in each crossbow; operate as a factory-factory. These Inspectors shall be appointed and remunerated by the Government which has jurisdiction over the manufacture; it shall be established that it shall not be necessary to appoint Inspectors on ships which, apart from the storage of products, are used during the season exclusively for the freezing or salting of the meat and the entrails of the whales intended for human food or for the feeding of the animals.
b) A proper inspection shall be maintained at each ground station. Inspectors serving on a land station shall be appointed and paid by the Government having jurisdiction over the land station.
(c) The observers should be admitted that the member countries may decide to place in the factory and ground stations or groups of land stations in other member countries. The observers shall be appointed by the Commission, acting through their Secretary, and shall be remunerated by the Government appointed by them.
22. The harponers and crews of factory-factory, land-based and whalers will be hired in such conditions that their remuneration will depend on considerable factors such as the species, size and performance of the whales. captured and not merely the number of whales captured. No premium or other remuneration for the catch of lactating whales shall be paid to the whalers or crews of the whalers.
23. The whales must be measured when they are deposited on the deck or on a platform after the hoisting cable and the coupling device are removed by means of a graduated tape made of inextensible material. The end where the zero point is found on graduated tape shall be subject to a stable nail or device which shall be located on the deck or platform at the height of the ends of the whale. Alternatively, the carjole may be inserted into the tail of the whale in the insertion of the flow. The graduated tape shall be kept in the straight line parallel to the cover and the body of the whale, except in exceptional circumstances, along the back of the whale, and the reading shall be carried out on the other end of the whale. The limbs of the whale, for the purposes of measurement, shall be the apex of the upper jaw, or in the sperm whales, the extreme point of the head and the point of intersection of the flow.
The measures obtained will be recorded by rounding them up to the nearest foot or decimeter figure. That is, the figure corresponding to a whale measuring between 75 feet six inches and 76 feet six inches will be recorded as 76 feet, and that of a whale measuring between 76 feet six inches and 77 feet six inches will be recorded as 77 feet. Similarly, the figure of a whale measuring between 10.15 meters and 10.25 meters will be recorded by rounding it to 10.2 meters and that of the whale measuring between 10.25 meters and 10.35 meters will be recorded as 10,3 meters. When the measurement of a whale coincides exactly with half foot or 0,05 metres, it shall be recorded by rounding it up to the figure immediately above that half-foot or 0,05 metres; for example, if it measures exactly 76 ft six inches, the figure shall be recorded. From 77 feet and if you measure exactly 10.25 meters the figure of 10.3 meters will be recorded.
VI. REQUIRED INFORMATION
24. (a) All whalers operating in conjunction with a factory-factory shall inform the factory-factory of the following data by radio:
1. The time each whale is captured.
2. Your species, and
3. Their marking, carried out in accordance with the provisions of subparagraph (b) of paragraph 20.
(b) The information specified in paragraph (a) of this paragraph shall be entered immediately by the factory-factory in a permanent register which shall be available at all times for examination by the Whale Hunting Inspectors; the following information shall be recorded in that permanent register as soon as it is available:
1. Time of the hoisted for treatment.
2. Length, which shall be measured in accordance with paragraph 23.
3. Sex.
4. If female, if she was breastfeeding.
5. Fetus length and sex, if any, and
6. A full explanation of each violation that has been committed.
(c) Land stations shall maintain a record similar to that described in paragraph (b) of this paragraph, and all the information referred to in that paragraph shall be recorded as soon as it becomes available.
(d) For all "whale hunting in minor operations", a register similar to that described in paragraph (b) of this paragraph shall be maintained when carried out from the shore or by pelagic fleets and all information referred to in that paragraph shall be entered in the same paragraph as soon as it is available.
25. (a) All Contracting Governments shall forward to the Commission the following information on whalers acting in union with factory and ground stations:
1. Methods used to kill a whale when a harpoon has not been used and, in particular, if compressed air has been used.
2. Number of whales reached, but lost.
(b) Ships engaged in "whaling in minor operations" and aboriginal populations which catch species included in paragraph 1 shall bear a record similar to that described in paragraph (a) of this paragraph and shall record in the the data referred to in that paragraph as soon as they are available to them and shall be sent by the Contracting Governments to the Commission.
26. (a) In accordance with Article VII of the Convention, a notification shall be made, within two days of the end of each week of the calendar, of the data on the number of beards per species, caught, in waters south of the 40o south latitude by all factory or whalers attached to the same under the jurisdiction of each Contracting Government; however, where the Secretariat of the International Whaling Commission considers that the number of Fish caught in each of these species has reached 85 per 100 of any catch limit The Commission shall notify the Commission of the total number of specimens caught in each of these species at the end of each day.
(b) If it is apparent that the maximum of catches permitted in paragraph 11 may be reached before 7 April of each year, the Secretariat of the International Whaling Commission shall determine, on the basis of the data provided, the the date on which the maximum catch of each of those species is estimated to have been reached, and shall notify that date, at least four days in advance, to the Captain of each factory-factory and to each of the Contracting Governments. The catch or attempt to catch whales with beards (misticetuses), subject to such notification, by factory or whalers attached to them shall be illegal in waters south of the south latitude 40o after midnight of the given date that way.
(c) Notification shall be given, in accordance with Article VII of the Convention, of each factory-factory which attempts to engage in whaling operations in waters south of the south latitude 40o.
27. In accordance with Article VII of the Convention, notification shall be given in respect of all factory and ground stations, of any information relating to:
(a) The number of whales caught from each species, the number of the same losses, and the number of those treated in each factory-factory or land station.
(b) The overall fat quantities of each grade and the quantities of meat, fertilizers (guano) and other products derived therefrom, together with,
c) Details for each whale treated in the factory-factory, land station or "whale hunting in minor operations" and the date, latitude and approximate length of the species ' catches and the whale's sex, their length and, if it contains a fetus, the length of the fetus and its sex, if discernible. The data referred to in points (a) and (c) above shall be verified at the time of the entry and the Commission shall be notified of any information which may be gathered or obtained in respect of the breeding and migration territories of the Member States. whales.
28. (a) The following statistical information in respect of factory and whalers shall be notified, as provided for in Article VII of the Convention:
1. The gross record name and tons of each factory-factory.
2. For each crossbow I worked with factory-factory or ground station:
(i) The dates on which each of them has entered service and ceased to hunt the whale in the corresponding season.
(ii) The number of days in which each is at sea on the hunting benches of each season.
(iii) Gross tonnage, engine power, length and other characteristics of each; vessels that are used only as trawlers shall be specified.
3. A list of ground stations operating during the period in question and the number of miles in which search operations are conducted by aircraft, if available.
(b) The information required in accordance with paragraph (2) (a) (iii) shall be recorded and referred to the Commission together with the following information, in the registration form set out in Appendix A:
1. Whenever possible, the time spent each day on the different components of the capture operation.
2. All modifications of the data prescribed in points (i) to (iii) of paragraph 2 (a) or (1) (b), or data from other appropriate indicators of the hunting effort in respect of the "whale hunting" in minor operations ".
29. (a) wherever possible, all factory and ground stations shall keep from each whale they capture:
1. Both ovaries or the combined weight of both testicles.
2. At least one headphone or a tooth (preferably the first maxillary).
(b) Samples similar to those described in paragraph (a) of this paragraph shall be taken wherever possible in small-scale whaling operations carried out on the coast or by pelagic fleets.
(c) In all samples taken, as provided for in paragraphs (a) and (b), labels shall be placed with the platform number and other identification number of the whale and shall be properly preserved.
(d) The Contracting Governments shall take appropriate measures for the analysis, as soon as possible, of the samples of the tissues and specimens collected, as provided for in sub-paragraphs (a) and (b), and shall inform the Commission of the results of the such analysis.
30. Any Contracting Government shall provide the Secretary of the International Whaling Commission with proposals for permits for scientific research before it is granted and in sufficient time for the Scientific Committee to review them and discuss them. Permit proposals must specify:
a) Objectives of the research.
b) Number, sex, size and population of the animals to be taken.
c) The opportunities available for scientists from other nations to participate.
d) Possible effects on the conservation of populations.
The permit proposals will be reviewed and discussed by the Scientific Committee during the annual meetings when this is possible.
When the permits are to be granted before the next annual meeting, the Secretary will send the permission proposals to members of the Scientific Committee by mail for review and comment. The preliminary results of any research resulting from the permits should be available at the next annual meeting of the Scientific Committee.
31. Any Contracting Government shall transmit to the Commission copies of all its official laws and regulations concerning whales and whale hunting and changes in such laws and regulations.
CONVINCED INTERNATIONAL FOR THE REGULATION OF WHALE HUNTING, 1946
APPENDIX A TO THE ANNEX
Title page
(A log book by crossbow and season)
Name of the crossbow ................................................
Year of construction .................................................
Attached to the terrestrial expedition/land station .............
Season ............................................................
Overall length .............. Wood/steel hull ..................
Gross record tons .........................................
Engine Type ............................. HP ........................
Maximum speed ...................................................
Average speed in search ...................................
Asdic apparatus, manufacturing and model number .................
Installation Date .................................................
Manufacture and size of the canyon ....................................
Type of first harpoon used .....................................
Explosive/electric/non-explosive ...................................
Death Arpon Type Used ..................................
Length and type of operating boat (forerumer) ...........
Type of whale hunting cable ...............................
Height over the sea level of the hair drum .........
Fast boat employment, yes/no ........................................
Name of Captain ..................................................
Number of years of experience ....................................
Name of the Artillery ................................................
Number of years of experience ....................................
Number of crew ...............................................
Table 1
log
Date ......... Name of ballenero ................... Leaf No. .................................
Search: Time the search was started (or resumed) ...................
Time of localization in which whales were seen or flagged to the crossbow (*) ...........
Species of whales ............................................................
Number of copies seen and number of groups ................................
Registered Position ......................................
Name of the balljan found by the whales .............................
Persecution: Time when the persecution began (or confirmed whales) ..............
Time when the whale was hit or the chase was stopped ...................
Using Asdic (yes/no) ..............................
Tampering: Time when the flag was placed on the whale or the whale was placed on the side of the vessel for trailer ...............
Capture serial number ................................
Trailer: Time when pickup was started (picking-up) ......................
Time when the collection ended or the trailer was started .....................
Date and time of delivery to the factory .........................
Recess: Break time (drift or recess) ...............................
Time when the drift/break was terminated ...........................
Time when operations stopped .....................................
Total search time ...................................
Total time of persecution .......................
a) With asdic ........................
b) No asdic .............................
Total Handling Time ..............................
Total trailer time .................................
Total break time ...................................
Another time spent (for refueling, in port, etc.) ...........
(*) Whale location time pointed to the crossbow: it means the time when a herd's position is pointed to the crossbow and the navigation begins with that direction for its pursuit.
Weather Conditions
| Time | State of the Sea | Force and wind direction | Visibility |
| ................... ..................... ........................ | ................... ..................... ........................ | ................... ..................... ........................ | ................... ..................... ........................ |
Whales views (number and number of handles)
| Blue Whale ............... | Rorual de Bryde ................. |
| Common Rorwhich ............ | Rorwhich minor .................... |
| Yubarta ..................... | Cacheote .......................... |
| Ballena franca ............. | Other (specify) ............ |
| Northern Rorwhich ........... | ...................................... |
Signed: .......................................................
Table 2
Manads
It must be supplemented by the expedition or the coastal station for each flock of sperm whales pursued. A separate form will be used each day.
Name of the expedition or coastal station ....................................
Date ...................... Position of the factory-factory at noon ..........
Time when the herd was found ............................................
Total number of whales in the herd ..........................................
Number of whales to be captured in the herd ..................................
Number of herd whales apprehended for each crossbow .........
Name of the crossbow ...............................................................
Name of the crossbow ...............................................................
Total number captured from the herd .............................................
Remarks: ........................................................................
........................................................................................................
Explanatory Notes
A) Respect for each persecuted flock should be noted in a column the number of whales caught for each crossbow taking part in the chase; if the whalers chase the herd but do not catch any whale from the flock, note 0; in For the whalers of the fleet that do not participate in the pursuit of the flock, put an X.
B) On this form a herd means a group of whales that are close enough to each other so that a crossbow that has completed the manipulation of a whale can initiate the persecution of another whale almost immediately without use time in your search. A lone whale should be recorded as a herd of a whale.
C) A catchable whale is a whale of size or class that whalers would capture if possible. It does not, necessarily, include all whales of legal size: For example, if whalers are dedicated to large whales, only these whales should be computed as caprables.
(D) Information relating to whalers belonging to other expeditions or companies operating in the pursuit of the same flock shall be entered in the box of observations.
This Annex replaces the one published in the Official Gazette of the State of 19 October 1995 and its successive amendments and enters into force on 20 September 2007.
Protocol to the International Convention for the Regulation of the Whale Hunt, signed in Washington, dated December 2, 1946
The Contracting Governments of the International Convention for the Regulation of the Whale Hunt signed in Washington dated December 2, 1946, which is mentioned in this later as the 1946 Convention on Whale Hunting, wishing to extend the application of that Convention to helicopters and other aircraft, and to include provisions on inspection methods among the Anexas provisions which the Commission may amend, agree as follows:
Item I
Sub-paragraph 3 of Article II of the 1946 Ballena Hunting Convention shall be amended as follows:
" 3. Ballenero means a helicopter or other aircraft, or a ship, used for the purpose of hunting, capturing, killing, towing, holding, or carrying out explorations for whales. "
Article II
Paragraph 1 or Article V of the 1946 Ballena Hunt Convention shall be amended by removing the word "and" preceding the clause (h), replacing the point by a semicolon at the end of the paragraph, and adding the next: "and (i) inspection methods".
Article III
1. This Protocol shall be open for signature and ratification or for accession on behalf of any Contracting Government of the Convention on Whale Hunting of 1946. 2. This Protocol shall enter into force on the date on which the instruments of ratification have been deposited before, or notifications of written accession have been received by the Government of the United States of America on behalf of all the Contracting Governments of the Convention on Whale Hunting of 1946.
3. The Government of the United States of America shall inform all the governments that are signatories to or acceding to the Convention on Balleas of 1946, on all the ratifications deposited and the accessions received.
4. This Protocol shall bear the date on which it is opened for signature and shall remain open for signature for a subsequent period of fourteen days, and shall be open for accession.
In testimony to which, the undersigned, being duly authorized, have signed this Protocol.
Made in Washington this day nineteen November 1956 in English, whose original will 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 Governments that are signatories to or acceding to the Convention on Whale Hunting of 1946.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., November 24, 2008
Authorized. Submit to the consideration of the honorable Congress of the Republic for the constitutional effects.
(Fdo.) ALVARO URIBE VELEZ
The Foreign Minister
(Fdo.) Jaime Bermudez Merizalde
DECRETA:
Article 1o. Approve the "International Convention for the Regulation of the Whale Hunt", adopted in Washington on December 2, 1946, and the " Protocol to the International Convention for the Regulation of the Whaling of Whales signed in Washington, dated December 2, 1946 ", made in Washington, on November 19, 1956.
Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "International Convention for the Regulation of the Whale Hunt", adopted in Washington on December 2, 1946, and the " Protocol to the International Convention for the Regulation of the Whale Hunt signed in Washington, dated December 2, 1946, " made in Washington, on November 19, 1956, which by article 1or this law are approved, will force the country from the date on which the international link with respect to them is improved.
Article 3o. This law governs from the date of its publication.
Dada en Bogotá, D. C., a ...
Presented to the honorable Congress of the Republic by the Minister of Foreign Affairs and the Minister of Environment, Housing and Territorial Development.
The Foreign Minister,
Jaime Bermudez Merizalde.
The Minister of Environment, Housing and Territorial Development,
Juan Francisco Lozano Ramirez.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., November 24, 2008
Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.
(Fdo.) ALVARO URIBE VELEZ
The Foreign Minister
(Fdo.) Jaime Bermudez Merizalde.
DECRETA:
Article 1o. Approve the "International Convention for the Regulation of the Whale Hunt", adopted in Washington on December 2, 1946, and the " Protocol to the International Convention for the Regulation of the Whaling of Whales signed in Washington, dated December 2, 1946 ", made in Washington, on November 19, 1956.
Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "International Convention for the Regulation of the Whale Hunt", adopted in Washington on December 2, 1946, and the " Protocol to the International Convention for the Regulation of the Whale Hunt signed in Washington, dated December 2, 1946, " made in Washington, on November 19, 1956, which by article 1or this law are approved, will force the country from the date on which the international link with respect to them is improved.
Article 3o. This law governs from the date of its publication.
The President of the honorable Senate of the Republic,
HERNAN FRANCISCO ANDRADE SERRANO.
The Secretary General of the honorable Senate of the Republic,
EMILIO RAMON OTERO DAJUD.
The President of the honorable House of Representatives,
GERMAN MALE COTRINO.
The Secretary General of the honorable House of Representatives,
JESUS ALFONSO RODRIGUEZ CAMARGO.
COLOMBIA-NATIONAL GOVERNMENT
Communicate and comply.
Execute, subject to revision of the Constitutional Court, pursuant to article 241-10 of the Political Constitution.
Dada en Bogotá, D. C., at 31 July 2009.
ALVARO URIBE VELEZ
The Foreign Minister,
JAIME BERMUDEZ MERIZALDE.
The Minister of Environment, Housing and Territorial Development,
CARLOS COSTA POSADA.
