Amendments to the Schedule to the International Convention for the Regulation of Whaling, Cape Town, 1951

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INTERNATIONAL WHALING COMMISSION MINISTRY OF AGRICULTURE AND FISHERIES FISHERIES DEPARTMENT, ST. STEPHEN'S HOUSE, VICTORIA EMBANKMENT, LONDON, S. W. 1 Telephone: WHItehall 3201

Chairman: PROFESSOR B. BERGERSEN (NORWAY) Vice-Chairman: Dr. REMINGTON KELLOGG (U.S.A.) Secretary: A. T. A. DOBSON (U.K.)

19 Nov. 1951

The Hon. THE SECRETARY OF STATE OF THE UNITED STATES.

Circular letter to all Contracting Governments Alterations to the Schedule

SIR,

I beg to refer to my circular on the above subject dated 9th August, 1951 and numbered as above, and to remind you that the 90 day period referred to in Article V of the International Whaling Convention of 1946 was deemed to expire at midnight (2400 hours) on Saturday, 17th November, 1951 (vide penultimate paragraph of my circular referred to).

On November 13th I received an objection from the Government of Australia to the proposed amendment, subparagraph 10 (c) (relating to sperm whales) in the list of amendments to the Schedule which accompanied my letter of 9th August, 1951, as amended by my circulars of 3rd September and 24th September, 1951. No other objections have been received to any of the other amendments referred to. The position is, therefore, as follows:-

The amendments referred to accordingly automatically came into force as from November 18th, 1951, with the sole exception of subparagraph 10 (c) (relating to sperm whales) to which the Australian objection has been directed.

Under Article V (3) of the International Whaling Convention of 1946 already referred to, the subparagraph 10 (c) cannot become effective until the expiration of a further period of 90 days which shall be deemed to have expired on 20th February, 1952 to allow for postal delays.

A further communication will be addressed to you with regard to this particular amendment, as soon as the further 90 day period has expired.

In the meantime a further copy of all the amendments (including the one, 10 (c), objected to) is enclosed for your convenience.

I am, Sir, Your obedient servant,

A. T. A. DOBSON Secretary to the Commission

International Whaling Commission International Convention for the Regulation of Whaling, 1946

List of the amendments to the Schedule to the Convention made by the International Whaling Commission at their Third Meeting held at Cape Town in July, 1951

1) PARAGRAPH 6.

The words ‘for baleen whales 1952’ shall be substituted for the figures ‘1950/51’. The whole paragraph will therefore read:-

‘It is forbidden to use a factory ship or a whale catcher attached thereto for the purpose of taking or treating humpback whales in any waters south of 40° South Latitude; provided that in the pelagic whaling season for baleen whales 1952 a maximum of 1250 humpback whales may be taken in these waters commencing on February 1st.’

2) PARAGRAPH 7.

In subparagraph (a) the words ‘2nd January’ shall be substituted for the words ‘22nd December.’

The whole subparagraph will therefore read:-

‘It is forbidden to use a factory ship or a whale catcher attached thereto for the purpose of taking or treating baleen whales in any waters south of 40° South Latitude, except during the period from 2nd January, to 7th April following, both days inclusive.’

3) PARAGRAPH 7 (continued).

The present subparagraph (b) shall be re-designated subparagraph (c) and a new subparagraph (b) shall be inserted as follows:-

‘(b) Each Contracting Government shall declare for all factory ships and whale catchers attached thereto under its jurisdiction, one continuous open season not to exceed eight months out of any period of twelve months during which the taking or treating of sperm whales by factory ships may be permitted; provided that a separate open season may be declared for each factory ship’.

4) PARAGRAPH 8.

In subparagraph (c) after the words ‘in pursuance of paragraph 6’, there shall be inserted the words ‘including nil returns on days when no humpback whales are taken’.

In subparagraph (e) of the same paragraph the words ‘three days’ shall be substituted for the existing words ‘four days’ in the sixth line.

5) PARAGRAPH 9.

The first subparagraph shall be cancelled, and the following subparagraphs containing some new matter shall be substituted:-

‘9 (a) It is forbidden to take or kill any blue, sei or humpback whales below the following lengths:-

Blue whales 70 feet (21.3 metres) Sei whales 40 feet (12.2 metres) Humpback whales 35 feet (10.7 metres)

except that blue whales of not less than 65 feet (19.8 metres) and sei whales of not less than 35 feet (10.7 metres) in length may be taken for delivery to land stations, provided that the meat of such whales is to be used for local consumption as human or animal food.

(b) It is forbidden to take or kill any fin whales below 60 feet (18.3 metres) in length for delivery to factory ships or land stations in the Southern Hemisphere, and it is forbidden to take or kill fin whales below 55 feet (16.8 metres) for delivery to factory ships or land stations in the Northern Hemisphere; except that fin whales of not less than 55 feet (16.8 metres) may be taken for delivery to land stations in the Southern Hemisphere and fin whales of not less than 50 feet (15.2 metres) may be taken for delivery to land stations in the Northern Hemisphere provided in each case that the meat of such whales is to be used for local consumption as human or animal food.

(c) It is forbidden to take or kill any sperm whales below 38 feet (11.6 metres) in length, except that sperm whales of not less than 35 feet (10.7 metres) in length may be taken for delivery to land stations.’

The existing second subparagraph of paragraph 9 beginning ‘Whales must be measured’ shall be numbered (d).

6) PARAGRAPH 10.

This shall read as follows, new matter in existing subparagraphs being underlined, and subparagraphs (c) and (d) being new:-

‘10 (a) It is forbidden to use a land station under the jurisdiction of a Contracting Government, and whale catchers attached to such land station, for the taking of or treating of baleen and sperm whales, except as permitted by the Contracting Government in accordance with subparagraphs (b), (c) and (d) of this paragraph.

10 (b) Each Contracting Government shall declare for all land stations under its jurisdiction, and whale catchers attached to such land stations, one open season during which the taking or treating of baleen (excluding minke) whales shall be permitted. Such open season shall be for a period of not more than six consecutive months in any period of twelve months and shall apply to all land stations under the jurisdiction of a Contracting Government, provided that a separate open season may be declared for any land station used for the taking or treating of baleen (excluding minke) whales which is more than 1000 miles from the nearest land station used for the taking or treating of baleen (excluding minke) whales under the jurisdiction of the same Contracting Government.

(c) Each Contracting Government shall declare for all land stations under its jurisdiction and for whale catchers attached to such land stations, one open season not to exceed eight continuous months in any one period of twelve months, during which the taking or treating of sperm whales shall be permitted, such period of eight months to include the whole of the period of six months declared for baleen whales as provided for in subparagraph (b) above; provided that a separate open season may be declared for any land station used for the taking or treating of sperm whales which is more than 1000 miles from the nearest land station used for the taking or treating of sperm whales under the jurisdiction of the same Contracting Government.

(d) Each Contracting Government shall declare for all land stations under its jurisdiction and for all whale catchers one open season not to exceed six continuous months in any period of twelve months during which the taking or treating of minke whales shall be permitted, (such period not being necessarily concurrent with the period declared for other baleen whales, as provided for in subparagraph (b) above); provided that a separate open season may be declared for any land station used for the taking or treating of minke whales which is more than 1000 miles from the nearest land station used for the taking or treating of minke whales under the jurisdiction of the same Contracting Government.

(e) Notwithstanding the provisions of subparagraphs (a), (b), (c) and (d) of this paragraph, the treatment of whales which have been taken during an open season may be completed after the end of such open season.

(f) The prohibitions contained in this paragraph shall apply to all land stations as defined in Article 11 of the Whaling Convention of 1946 and to all factory ships which are subject to the regulations governing the operation of land stations under the provisions of paragraph 17 of this Schedule.’

7) PARAGRAPH 12.

In subparagraph (a), after the opening words ‘all whales’ shall be inserted the words ‘(except minke whales)’.

8) PARAGRAPH 13.

This shall be omitted and the following new paragraph 13 shall be substituted, new matter being underlined:-

‘13

(a) The taking of whales for delivery to a factory ship shall be so regulated or restricted by the master or person in charge of the factory ship that no whale carcass (except of a whale used as a fender, which shall be processed as soon as is reasonably practicable) shall remain in the sea for a longer period than thirty-three hours from the time of killing to the time when it is hauled up for treatment.

(b) Whales taken by all whale catchers, whether for factory ships or land stations, shall be clearly marked so as to identify the catcher and to indicate the order of catching.

(c) All whale catchers operating in conjunction with a factory ship shall report by radio to the factory ship :

(1) The time when each whale is taken,

(2) its species, and

(3) its marking effected pursuant to subparagraph (b) of this paragraph.

(d) The information reported by radio pursuant to subparagraph (c) of this paragraph shall be entered immediately in a permanent record which shall be available at all times for examination by the whaling inspectors; and in addition there shall be entered in such permanent record the following information as soon as it becomes available:

(1) time of hauling up for treatment,

(2) length, measured pursuant to subparagraph (d) of paragraph 9,

(3) sex,

(4) if female, whether milk-filled or lactating,

(5) length and sex of foetus, if present, and

(6) a full explanation of each infraction.

(e) A record similar to that described in subparagraph (d) of this paragraph shall be maintained by land stations, and all of the information mentioned in the said subparagraph shall be entered therein as soon as available.’

9) PARAGRAPH 18

This paragraph shall be omitted and the following new revised clause 18 shall be substituted for it:-

‘18. The following expressions have the meanings respectively assigned to them, that is to say:-

`baleen whale' means any whale which has baleen or whale bone in the mouth, i. e. any whale other than a toothed whale.

`blue whale' (Balaenoptera or Sibbaldus musculus) means any whale known by the name of blue whale, Sibbald's rorqual, or sulphur bottom,

`dauhval' means any unclaimed dead whale found floating,

`fin whale' (Balaenoptera physalus) means any whale known by the name of common finback, common rorqual, finback, finner, fin whale, herring whale, razorback, or true fin whale,

`gray whale' (Rhachianectes glaucus) means any whale known by the name of gray whale, California gray, devil fish, hard head, mussel digger, gray back or rip sack,

`humpback whale' (Megaptera nodosa or novaeangliae) means any whale known by the name of bunch, humpback, humpback whale, humpbacked whale, hump whale or hunchbacked whale,

`minke whale' (Balaenoptera acutorostrata, B. davidsoni, B. huttoni) means any whale known by the name of lesser rorqual, little piked whale, minke whale, pike-headed whale or sharp headed finner,

`right whale' (Balaena mysticetus; Eubalaena glacialis, E. australis, etc; Neobalaena marginata) means any whale known by the name of Atlantic right whale, Arctic right whale, Biscayan right whale, bowhead, great polar whale, Greenland right whale, Greenland whale, Nordkaper, North Atlantic right whale, North Cape whale, Pacific right whale, pigmy right whale, Southern pigmy right whale, or Southern right whale,

`sei whale' (Balaenoptera borealis) means any whale known by the name of sei whale, Rudolphi's rorqual, pollack whale, or coalfish whale and shall be taken to include Bryde's whale (B. brydei),

`sperm whale' (Physeter catodon) means any whale known by the name of sperm whale, spermacet whale, cachalot, or pot whale,

`toothed whale' means any whale which has teeth in the jaws.’

I hereby certify that the preceding list is a true copy of the amendments to the Schedule to the International Convention for the Regulation of Whaling, 1946, made by the International Whaling Commission at their Third Meeting, at Cape Town, in July, 1951. These amendments were communicated to each Contracting Government in a circular dated 9th August, 1951 (as amended by circulars dated 3rd September and 24th September, 1951). The 90 days referred to in Article V of the 1946 Convention was deemed to have expired at midnight (24 hours) on 17th November, 1951 and the only objection received was one by the Australian Government, to the inclusion of subparagraph 10 (c) relating to an open season for sperm whales. Accordingly, all the amendments, with the exception of 10 (c), came into operation as from 18th November, 1951, but 10 (c) cannot become effective with respect to any Contracting Government, until the expiration of a further 90 days, which will be deemed to have taken place on 20th February, 1952. 19th November, 1951.

A. T. A. DOBSON Secretary to the Commission.

INTERNATIONAL WHALING COMMISSION MINISTRY OF AGRICULTURE AND FISHERIES, FISHERIES DEPARTMENT, ST. STEPHEN'S HOUSE, VICTORIA EMBANKMENT, LONDON, S. W. 1 Telephone: WHITEHALL 3201

Chairman: PROFESSOR B. BERGERSEN (NORWAY) Vice-Chairman: Dr. REMINGTON KELLOGG (U.S.A.) Secretary: A. T. A. DOBSON (U.K.)

21 February 1952

The Hon THE SECRETARY OF STATE.

Circular letter to all Contracting Governments Alterations to the Schedule

SIR,

I beg to refer to my circular on the above subject, dated 19th November, 1951, and to remind you that the further 90 day period referred to therein (Article V of the International Whaling Convention of 1946) was deemed to expire on 20th February 1952 (vide fourth paragraph of the circular in question).

I am now to inform you that, during the 90 day period referred to, no objection has been received from any other Contracting Government to subparagraph 10 (c) of the amendments to the Schedule made by the Commission at their meeting at Cape Town. On the other hand, the Government of Australia has not been able to withdraw its objection. It follows, therefore, that the new subparagraph 10 (c) is now binding, as from the date of this letter, upon all Contracting Governments, with the exception of Australia.

A fresh copy of the Convention, with the Schedule showing the amendments made at the third meeting, and with the necessary revision of the Index is with the Printers and will be distributed as soon as possible.

A copy of this letter is being sent to each Commissioner.

I am, Sir, Your obedient Servant,

A. T. A. DOBSON Secretary to the Commission