Rs 0.922.74 International Convention Of December 2, 1946, For The Regulation Of Whaling (With Annex)

Original Language Title: RS 0.922.74 Convention internationale du 2 décembre 1946 pour la réglementation de la chasse à la baleine (avec annexe)

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0.922.74 translation International Convention for the regulation of Whaling signed at Washington on December 2, 1946, approved by the Federal Assembly on 4 March 1980 accession of the Switzerland notified on 29 May 1980, entry into force for the Switzerland on 29 May 1980 (State April 4, 2015) the Governments whose representatives duly authorised have signed this Convention Recognizing that nations of the world have incentive to save, for the benefit of future generations the great natural resources represented by the whaling species;
whereas that, since its inception, the whaling gave rise to excessive exploitation of an area after another and excessive destruction of one species after another, to the point it is essential to protect all species of whales against the extension of abuse of this nature;
Recognizing that appropriate hunting whaling regulation would be such as to ensure a natural increase in whaling stands, which would increase the number of whales that could be captured without compromising these natural resources;
Recognizing that it is in the public interest to ensure that whaling populations reach their optimum level as quickly as possible, without causing a shortage more or less widespread on both economic and food;
Recognizing that these objectives, to limit hunting to the species that are best able to endure exploitation, so as to give some whalers stands currently insufficient time to recover.
wishing to establish a system of international regulation of Whaling, which is likely to ensure a proper and effective manner the conservation and whaling settlements increased, on the basis of the principles incorporated in the provisions of the international agreement for the regulation of the whaling, signed in London on June 8, 1937, and agreement protocols signed in London on June 24, 1938, and November 26, 1945, and having decided to conclude a convention to ensure the proper conservation of Whaling stands and to allow the whaling industry to develop in a methodical manner, have agreed on the following provisions: art. I 1. This agreement includes the attached annex, which is an integral part. All mentions of the 'Convention' will also target this annex, either in its current version, as it may be amended in accordance with the provisions of article V. 2. This Convention applies to floating plants, ground stations and to whaling ships subject to the jurisdiction of the Contracting Governments, as well as all waters in which these floating factories, ground stations and whaling ships engaged in their industry.

Art. II for the purposes of this Convention: 1. "floating factory", means a ship on which whales are treated in whole or in partie.2. By "Earth station" means a factory on the land where the whales are processed in whole or in partie.3. By 'Whaling ship' means a ship, a helicopter, or an aircraft, used for hunting, capture, tow, continue or spot of baleines.4. "Contracting Government" means any Government which has deposited an instrument of ratification or notified its accession to this Convention.

Modified by the Prot. from 19 nov. 1956 to the International Convention for the regulation of the whale hunt.

Art. III 1. The Contracting Governments have agreed to create an International Commission of the whaling, hereinafter referred to as 'the Commission', which will be composed of members appointed by the Contracting Governments at the rate of a member Government. Each Member shall have one vote; It may be accompanied by one or more experts or advisers.
2. the Commission shall elect in its midst a Chairman and a Vice-Chairman, and it will develop its own rules of procedure. It will take its decisions by a simple majority of voting members; However, a majority of three-quarters of the voting members will be required for decisions taken under article V. The rules of procedure should be available that decisions may be taken otherwise than during the sessions of the Commission.
3. the Commission may appoint its Secretary and his staff.
4. the Commission may create, by appealing to its own members, experts and advisers, the committees it deems useful to fulfill the functions it can confer.
5. each Government will determine and will pay the costs of its representative on the Commission, as well as those of the experts or advisers accompanying.
6. Noting that some specialized agencies related to the Organization of the United Nations interested to the maintenance and development of the whaling industry, as well as the products, and wishing to avoid that the activities in this area don't overlap, the Contracting Governments will consult within a period of two years from the entry into force of this Convention, in order to decide whether or not to include the Commission in the context of a specialized agency attached to the Organization of United Nations.
7. in the meantime, the Government of the United Kingdom of Great Britain and Ireland North, acting in concert with the other Contracting Governments, will make arrangements to reunite once the Commission and will conduct the consultations referred to in paragraph 6 that precedes.
8. for the following sessions, the Commission will itself set its mode of convocation.

Art. IV 1. The Commission, acting either together with autonomous bodies of the Contracting Governments or other organizations, institutions or public or private institutions, or through them, or independently, will be entitled to: a) to encourage, recommend and, if necessary, organize studies and investigations on whales and whaling hunt; b) collect and analyse statistical information on the current situation and evolution of the whalers stands (, as well as on the impact of hunting on these stands operations; c) study, assess and disseminate information on methods to be used to preserve and restore the whaling settlements.

2. the Commission will take steps to publish progress reports; It will also publish, either independently or in collaboration with the international Bureau for whaling statistics at Sandefjord, Norway, or other agencies or services, all other reports that it deems necessary, as well as statistical and scientific information or other relevant information about whales and hunting the whale.

Art. V 1.  The Commission may amend the provisions of the schedule by adopting regulations on conservation and utilization of Whaling resources, from time to time: a) the protected and unprotected species; b) the seasons permitted and prohibited; c) waters open or closed to hunting, including the delimitation of areas of refuge; d) minimum for each species sizes) e the time ((((, methods and intensity of the fighter operations (including the maximum number of allowed during a given season); f) types and characteristics of machines, devices and instruments that can be used; g) surveying procedures; h) the preparation of statements of catch and other documents of a statistical nature or biological eti) inspection methods.

2. these amendments of annex must: a) inspired by the need to achieve the objectives and goals of the Convention and to ensure the conservation, development, and optimum whaling resources use; b) rely on scientific data; c) not to establish no restrictions regarding the number or nationality of the floating plants and ground stations, nor allocate quotas determined in a floating factory or to a ground station or a group of floating plants or ground stations, etd) take into account the interests of the consumers of products drawn from the whale and the interests of the whaling industry.

3. a change of this nature will come into force with respect to the Contracting Governments ninety days after the date on which the Commission it will be notified to each of the Contracting Governments; However

(a) if one of the Governments present to the Commission an objection against this amendment before the expiry of ninety days, its entry into force for the Contracting Governments will be suspended for a further period of 90 days, etb) any another Contracting Government may present an objection against the change, at any time before the expiry of this new period of ninety days or should that eventuality occur later, before the expiry of a period of thirty days from the date of receipt of the last objection received during this additional period of ninety days, after wouldit) the amendment will enter into force with respect to all Contracting Governments which have not raised any objection, however, that in respect of a Government that has submitted an objection It will enter into force only when it has been removed. The Commission shall notify all objections and all withdrawals of objections to each Contracting Government, upon receipt, and each Contracting Government will be required to acknowledge receipt of all notifications of objections, changes or withdrawals of objections.

4. no amendment can enter into force before July 1, 1949.

Amended by the Protocol of November 19, 1956, to the International Convention for the regulation of the whale hunt.

Art. VI the Commission may from time to time, make for one any or all Contracting Governments, the recommendations on issues relating to whales and whaling, either to the objectives and the goals of the Convention.

Art. VII. Contracting Governments should ensure that notifications and statistical information or other required by this Convention are transmitted without delay to the international Bureau for whaling statistics at Sandefjord in Norway, or to any other body that the Commission may designate, and this in the form and in the manner as the Commission may determine.

Art. VIII 1. Notwithstanding any provision contrary to this Convention, each Contracting Government may grant its nationals a special permit authorizing the person to kill, capture and treat whales for scientific research, authorisation may be made subject to restrictions regarding the number, and to such other conditions that Contracting Government deems appropriate; in this case, the whales can be killed, captured, or processed without that there is place to comply with the provisions of this Convention. Each Contracting Government shall immediately bring to the attention of the Commission all rights of this nature which it has granted. A Contracting Government may at any time cancel a special permit granted by him.
2. to the extent possible, whales captured under these special permits will have to be dealt with in accordance with the directions given by the Government, which has issued the permit, which also apply to the use of products obtained.
3. to the extent possible, each Contracting Government shall transmit to the body that the Commission may designate for this purpose, at intervals of one year at most, the scientific information available about whales and hunting for whaling, including the results research carried out in application of paragraph 1 of this article and of article IV.
4 Recognizing that it is essential, to ensure healthy and profitable of the whaling industry, management to collect and to constantly analyze biological information collected on the occasion of floating plants and terrestrial operations, Contracting Governments will take all measures in their power to get this information.

Art. IX 1. Each Contracting Government will take all necessary measures to ensure the application of the provisions of this Convention and to punish violations of these provisions which would be committed in the course of operations carried out by persons or vessels subject to its jurisdiction.
2. any bonus or other remuneration calculated on the basis of the results of their work will be paid to the Gunners and crews of Whaling ships for any whale which the capture is prohibited by this agreement.
3. in the event of an infringement or breach of the provisions of the present Convention, proceedings will be brought by the competent Government to judge the crime.
4. each Contracting Government shall transmit to the Commission the detailed information that will have been provided by its inspectors about any violation to the provisions of the Convention committed by persons or vessels subject to its jurisdiction. This communication should indicate the measures taken to suppress the offence, as well as the sanctions imposed.

Art. X 1. This Convention will be ratified and the instruments of ratification shall be deposited with the Government of the United States of America.
2. any Government not signatory to this agreement 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 will be all ratifications deposited and accessions received to the knowledge of all the other signatory Governments and members.
4. when at least six signatory Governments including those of the Netherlands, of the Norway, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland and the United States of America, have deposited their instruments of ratification, this agreement will enter into force with respect to these Governments, and, for each of the Governments who will ratify or adhere is subsequently It will enter into force on the date of the deposit of the instrument of ratification or of receipt of the notification of accession.
5. the provisions of the annex will not apply before July 1, 1948. Schedule changes that may be adopted under article V will not apply before July 1, 1949.

Art. XI all Contracting Government may withdraw from this Convention on 30 June of each year by sending on 1 January of the same year at the latest a notification of withdrawal to the Depositary Government, which, upon receipt of this notification, shall communicate the holding to other Contracting Governments. Each of the other Contracting Governments may, within a period of one month from the date on which he will be received from the Depositary Government a copy of the notification, notify its withdrawal following the same procedure, and the Convention shall cease to be in effect in its regard as of 30 June of the same year.
This Convention will be the date it is open for signature and it will remain open for signature for a period of 14 days after that date.
In faith whereof the undersigned, at the duly authorized, have signed this Convention.
Done at Washington, on December 2, 1946, in English, the original to be filed in the archives of the Government of the United States of America. The Government of the United States of America will transmit a certified copy of the Convention to all signatory Governments, as well as to all the Governments which have acceded to the Convention.
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Annex this annex and its mod. are published in the RO or the RS (RO 1980 1072, 1982-168, 2003 3831, 2011 833, 2012 4547, 2013 1245 3041, 2015 1243). You can get the original English text of annex and its mod from federal Office of food safety and Veterinary Affairs, 3003 Bern.

State April 4, 2015 scope on April 15, 2013, States parties Ratification, accession (A) entry into South Africa, may 5, 1948 November 10, 1948 Germany * July 2, 1982 2 July 1982 Antigua - and - Barbuda 21 July 1982 has July 21 1982 Argentina * may 18, 1960 18 May 1960 Australia * 1 December 1947 November 10, 1948 Austria 20 May 1994 has 20 May 1994 Belgium 14 July 2004 July 14, 2004 Belize, on June 17, 2003 has 17 June 2003 Bénin April 26, 2002 is April 26, 2002 Brazil * January 4, 1974 January 4, 1974 Bulgaria 10 August 2009 has 10 August 2009 Cambodia June 1, 2006 was June 1, 2006 Cameroon June 14, 2005 June 14, 2005 Chile * * 6 July 1979 July 6, 1979 China September 24, 1980 September 24, 1980 Hong Kong * 3 June 1997 1 July 1997 Cyprus 26 February 2007 A February 26, 2007 Colombia 22 March 2011 was March 22, 2011

Congo (Brazzaville) 29 May 2008 may 29, 2008 (South) Korea December 29, 1978 has 29 December 1978 Costa Rica July 24, 1981 July 24, 1981 Côte d'Ivoire July 8, 2004 was 8 July 2004 Croatia 10 January 2007 to 10 January 2007 Denmark 23 May 1950 May 23, 1950 Dominique 18 June 1992 has 18 June 1992 Ecuador may 10, 2007 10 May 2007 10 October 2007 Eritrea has 10 October 2007 Spain * 6 July 1979 A 6 July 1979 Estonia 7 January 2009 A 7 January 2009 United States * 18 July 1947 November 10, 1948 Finland 23 February 1983 was February 23, 1983 France * 3 December 1948 3 December


1948 Gabon 8 May 2002 May 8, 2002 Gambia 17 May 2005 may 17, 2005 Ghana 17 July 2009 has 17 July 2009 Granada 7 April 1993 has 7 April 1993 Guatemala 16 May 2006 May 16, 2006 Guinea June 21, 2000 June 21, 2000 Guinea - Bissau 29 May 2007 was May 29, 2007 Hungary 1 June 2004 June 1, 2004 Marshall Islands June 1, 2006 to June 1, 2006 India March 9, 1981 was 9 March

1981 Ireland January 2, 1985 was January 2, 1985 Iceland * 10 October 2002 October 10, 2002 Israel June 7, 2006 was June 7, 2006 Italy * 12 February 1998 February 12, 1998 Japan April 21, 1951 was 21 April 1951 Kenya December 2, 1981 2 December 1981 Kiribati 28 December 2004 has 28 December 2004 Laos 22 May 2007 to 22 May 2007 Lithuania 25 November 2008 November 25, 2008 Luxembourg 10 June 2005 A June 10, 2005

Mali 17 August 2004 has 17 August 2004 Morocco 12 February 2001 has 12 February 2001 Mauritania December 23, 2003 December 23, 2003 Mexico * 30 June 1949 has 30 June 1949 Monaco * 15 March 1982 A 15 March 1982 Mongolia may 16, 2002 May 16, 2002 Nauru June 15, 2005 June 15, 2005 Nicaragua June 5, 2003 has 5 June 2003 Norway * March 3, 1948 November 10, 1948 New Zealand * 15 June 1976 15 June 1976 15 Oman July 1980 15 July 1980 Palau may 8, 2002 8 May 2002 Panama June 12, 2001 June 12, 2001 Netherlands * June 14, 1977 June 14, 1977 Netherlands Antilles 14 June 1977 has 14 June 1977 Aruba 9 January 1986 1 January 1986 June 14, 1977, Curaçao has 14 June 1977 part Caribbean (Bonaire, Sint Eustatius and Saba) June 14, 1977 June 14, 1977 Sint Maarten, on June 14, 1977 has 14 June 1977 Peru * * 18 June 1979 18 June 1979 Poland 17 April 2009 A 17 April 2009 Portugal 14 May 2002 May 14, 2002 Dominican Republic 30 July 2008 A 30 July 2008 Czech Republic 26 January 2005 was January 26, 2005 Romania 9 April 2008 April 9, 2008 United Kingdom * * 17 June 1947 November 10, 1948 Russia September 11, 1948 November 10, 1948 Saint - Kitts - and - Nevis, on 24 June 1992 has 24 June 1992 Sainte - Lucie June 29, 1981 was June 29, 1981 San Marino * April 16, 2002 16 April

2002 saint - Vincent and the Grenadines 22 July 1981 A July 22, 1981 Solomon, Islands 10 May 1993 10 May 1993 South Africa 15 July 1982 has 15 July 1982 Slovakia March 22, 2005 A March 22, 2005 Slovenia September 20, 2006 September 20, 2006 Sweden * June 15, 1979 June 15, 1979 Switzerland 29 May 1980 has 29 May 1980 Suriname 14 July 2004a 14 July 2004 Tanzania June 23, 2008 23 June 2008 Togo 15 June 2005 has

June 15, 2005 Tuvalu June 30, 2004 June 30, 2004 Uruguay September 27, 2007 was 27 September 2007 * Reserves and declarations.* * Objections.Les reservations, declarations and objections are not published to the RO. Texts in English can be obtained at the Directorate of public international law (FDFA), Section of international treaties, 3003 Bern.

1980 1072 RO; FF 1979 III 631 translation of the original English text.
Art. 1 FY to March 4, 1980 (RO 1980 1071) RO 1980 1072, 1982 168 1872, 1984 610, 1985 1862, 1989 1573, 1992 940, 2003-3831, 2009 695 5387, 2012 4547, 2013 1245. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).

State April 4, 2015

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