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THE MARINE MAMMAL COMMISSION COMPENDIUM

MULTILATERAL / MARINE MAMMALS
Volume(s) 1-3; pages 1425-1431


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Amendments to the Schedule to the International Convention for the Regulation of Whaling, Tokyo, 1954


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Done at Tokyo 23 July 1954


Entered into force 8 November 1954 except for those Amendments which entered into force 17 and 24 February 1955, respectively**( The Amendments to Paragraph 4(2) are not in force for the United States.>


Primary source citation: 6 UST 645, TIAS 3198


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INTERNATIONAL WHALING COMMISSION MINISTRY OF AGRICULTURE AND FISHERIES FISHERIES DEPARTMENT 3 WHITEHALL PLACE LONDON S. W. 1 Telephone: TRAFALGAR 7711

Chairman: Dr. REMINGTON KELLOGG (U.S.A.) Vice-Chairman: Dr. G. J. LIENESCH (NETHERLANDS) Secretary: A. T. A. DOBSON (U.K.)

6 August 1954

THE SECRETARY OF STATE OF THE UNITED STATES, Washington

Ref. No. A. S. 6

Circular letter to all Contracting Governments Sixth Meeting. Amendments to the Schedule

SIR,

At the sixth meeting of the Commission held at Tokyo from the 19th-23rd July, both inclusive, a number of amendments were made to the Schedule to the International Whaling Convention 1946. Under the provisions of the Convention (Article V), these amendments have to be notified to each Contracting Government and cannot become effective until the expiration of 90 days and only then, provided that no objections are received during that period.

The 90 day period will be deemed to have expired at midnight (24 hours) on 7th November, 1954, and if no objections are received, the amendments will come into operation as from 8th November, 1954, and you will be notified immediately to that effect.

The amendments, a list of which is enclosed, are related to the existing Schedule, the latest copy of which is dated December 1953 and is already in your possession.

In the event of the Re-arranged Schedule (which was approved by the Commission at their Fifth Meeting in 1953) coming into force before 7th November 1954, and only one assent is at the moment outstanding, then the amendments enclosed (if and when they become operative) will be inserted in their proper place in that Schedule, of which copies will then be sent to you.

A copy of this letter with its enclosed list of amendments is being sent to each Commissioner,

I am, Sir, Your obedient Servant,

A. T. A. DOBSON Secretary to the Commission

List of the amendments to the Schedule, made by the International Whaling Commission at the Sixth Meeting at Tokyo 1954

1. In Paragraph 4, Insert the following two new sub-Paragraphs, the existing paragraph numbered 4 being renumbered 4(3). 4(1) It is forbidden to kill or attempt to kill blue whales in the North Atlantic Ocean for a period of 5 years. 4(2) It is forbidden to use a whale catcher attached to a factory ship or to a land station for the purpose of killing or attempting to kill blue whales for a period of 5 years in the North Pacific Ocean between 20° North Latitude and 66° North Latitude eastward of a line running south from 66° North Latitude along the meridian 168°58°22.69° West Longitude to 65°15° North Latitude; thence southwest-ward along a great circle course to the intersection of 51° North Latitude and 167° East Longitude; thence southeast-ward along a great circle course to the intersection of 48° North Latitude and 180° Longitude; thence south along the meridian 180° Longitude to 20° North Latitude.

2. In Paragraph 6, Insert the following sub-Paragraphs, the existing paragraph numbered 6 being now re-numbered 6(3). 6(1) It is forbidden to kill or attempt to kill humpback whales in the North Atlantic Ocean for a period of 5 years. 6(2) It is forbidden to kill or attempt to kill humpback whales in the waters south of 40° South Latitude between 0° Longitude and 70° West Longitude for a period of 5 years.

3. Paragraph (6) now to be re-numbered 6(3) shall read as follows:

‘It is forbidden to use a whale catcher attached to a factory ship for the purpose of killing or attempting to kill humpback whales in any waters south of 40° South Latitude except on the 1st, 2nd, 3rd and 4th February in any year.

4. In Paragraph 7(a), for ‘2nd January’ substitute ‘7th January.’ Omit the proviso at end and insert the words ‘and no such whale catcher shall be used for the purpose of killing or attempting to kill blue whales before the 21st January in any year.’ Paragraph 7(a) as so amended will then read as follows, the new words being underlined: ‘7(a) It is forbidden to use a whale catcher attached to a factory ship for the purpose of killing or attempting to kill baleen whales (excluding minke whales) in any waters south of 40° South Latitude, except during the period 7th January to 7th April, following, both days inclusive; and no such whale catcher shall be used for the purpose of killing or attempting to kill blue whales before the 21st January in any year.’

5. Insert a new sub-Paragraph 7(b) as follows:

‘7(b) It is forbidden to use a whale catcher attached to a factory ship for the purpose of killing or attempting to kill sperm or minke whales, except as permitted by the Contracting Governments in accordance with sub- paragraphs (c) (d) and (e) of this paragraph.’

The existing sub-paragraphs (b) (c) and (d) will then become (c) (d) and (e) respectively.

6. In Paragraph 9(b), for the words ‘60 feet (18.3 metres)’ read ‘57 feet (17.4 metres).’

7. At end of Paragraph 10(d) add the following words:

‘Except that a separate open season may be declared for any land station used for the taking or treating of minke whales which is located in an area having oceanographic conditions clearly distinguishable from those of the area in which are located the other land stations used for the taking or treating of minke whales under the jurisdiction of the same Contracting Government; but the declaration of a separate open season by virtue of the provisions of this sub-paragraph shall not cause thereby the period of time covering the open seasons declared by the same Contracting Government to exceed nine continuous months of any twelve months.’

Note. The above amendments will become effective as from 8th November 1954, provided no objections are received during the 90 day period provided for in Article V of the International Whaling Convention 1946.

INTERNATIONAL WHALING COMMISSION MINISTRY OF AGRICULTURE AND FISHERIES FISHERIES DEPARTMENT 3 WHITEHALL PLACE LONDON S. W. 1 Telephone: TRAFALGAR 7711

Chairman: Dr. REMINGTON KELLOGG (U.S.A.) Vice-Chairman: Dr. G. J. LIENESCH (NETHERLANDS) Secretary: A. T. A. DOBSON (U.K.)

8th November, 1954

THE SECRETARY OF STATE, United States Dept., Washington, 25. D. C. U. S. A.

A. S. VI

SIR,

Circular letter to all Contracting Governments Amendments to the Schedule

I beg to refer to my circular letter of 6th August, 1954 on the above subject, and to inform you that the 90 day period during which it was possible for objections to be lodged to the amendments to the Schedule set out in the enclosure to that circular, expired at midnight (24 hours) on 7th November, 1954. On Friday, 5th November 1954, an objection was delivered by hand at the offices of the Commission by the Government of ICELAND to the amendment in Paragraph 4 which forbids the killing or attempting to kill blue whales in the North Atlantic Ocean for a period of 5 years.

On Saturday, 6th November 1954, an objection was notified to the Commission by the Government of JAPAN to the amendment also in Paragraph 4 which forbids the killing or attempting to kill blue whales in the North Pacific Ocean for a period of 5 years, within the area set out in detail in the enclosure to the Circular of 6th August 1954. No objections have been received from any other Contracting Government.

In the light of these two objections and having regard to Article V of the 1946 Convention, it therefore follows that all the other amendments set out in the enclosure to the Circular of 6th August, 1954, become automatically operative as from 8th November, 1954, the date of this Circular. For your convenience a further copy of the enclosure is enclosed.

The two amendments in respect of Blue Whales in the North Atlantic and North Pacific Oceans, must therefore remain inoperative for a further period of 90 days which will be deemed to expire at midnight (24 hours) on 5th February, 1955, in case further objections are received. A further letter will be addressed to you on the expiration of this second 90 day period.

In the meantime steps will be taken to have the Schedule (dated December, 1953) reprinted (in accordance with the standing directions of the Commission) and this reprint will show the new amendments now in force. This reprint will be sent to you as soon as possible.

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

I am, Sir, Your obedient Servant,

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

DEPARTMENT OF STATE WASHINGTON

January 6 1955

THE SECRETARY TO THE INTERNATIONAL WHALING COMMISSION, London.

SIR:

By a note dated August 24, 1954 you were informed that the Government of the United States interposed no objection to the amendment of certain paragraphs of the Schedule annexed to the International Whaling Convention of 1946. The amendments in question were proposed by the International Whaling Commission at its Sixth Meeting at Tokyo in July 1954 and reported to the Contracting Governments in your circular communication of August 6, 1954. Meanwhile, we are informed by your circular letter dated November 8, 1954 that the Governments of Japan and Iceland interposed objection to the proposed prohibitions against the killing of blue whales in the North Pacific and North Atlantic Oceans, respectively.

Availing itself of the right to reconsider its earlier approval of these amendments, as granted by Article V of the International Whaling Convention, the Government of the United States now feels constrained to lodge objection to the contemplated prohibition against killing blue whales in the North Pacific Ocean, and you are so informed. This decision is taken in the belief that unless this prohibition were to apply to Japan the objectives thereof would be negated, and therefore no useful purpose would be served by the United States binding itself to the restriction.

The objection by the Government of Iceland to a similar prohibition vis-a-vis the North Atlantic Ocean does not, in the view of the United States, have the same preclusive effect and, accordingly, the Government of the United States reaffirms its earlier approval of this measure.

Very truly yours, For the Secretary of State: David McK. Key Assistant Secretary

INTERNATIONAL WHALING COMMISSION Room 407, 3 WHITEHALL PLACE, LONDON, S. W. 1 Telephone: TRAFALGAR 7711

Chairman: Dr. REMINGTON KELLOGG (U.S.A.) Vice-Chairman: Dr. G. J. LIENESCH (NETHERLANDS) Secretary: A.T.A. DOBSON (U.K.)

17th February 1955

THE SECRETARY OF STATE OF THE UNITED STATES State Department, Washington 25 D. C. U. S. A.

Ref. No. A. S. VI

Circular to all Contracting Governments Amendments to the Schedule

The Secretary begs to refer to his circular of 11th February, 1955, on the above subject, and to say, for the information of your Government, that no further objection has been received to the amendment prohibiting the taking of blue whales in the North Pacific Ocean for a period of 5 years, nor have any of the original objections been withdrawn.

This amendment becomes operative therefore from the 17th February, 1955.

A copy of the amendment is set out below and it is requested that you will make a note of it in the Schedule of which a copy of the latest edition, dated December 1954, was duly sent to you. A further circular will be sent to you in due course regarding the other amendment dealing with the taking of blue whales in the North Atlantic.

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

Amendment. Before existing Paragraph 4 in the Schedule insert the following new sub paragraph:-

It is forbidden to use a whale catcher attached to a factory ship or to a land station for the purpose of killing or attempting to kill blue whales for a period of 5 years in the North Pacific Ocean between 20° North Latitude and 66° North Latitude eastward of a line running south from 66° North Latitude along the meridian 168°58°22.69° West Longitude to 65°15° North Latitude; thence southwest-ward along a great circle course to the intersection of 51° North Latitude and 167° East Longitude; thence southeast-ward along a great circle course to the inter-section of 48° North Latitude and 180° Longitude; thence south along the meridian 180° Longitude to 20° North Latitude.**This sub\_paragraph which came into operation on 17th\~February, 1955, is }{\plain \b\ul not}{\plain \b binding on Japan, U.\~S.\~A., Canada and the U.\~S.\~S.\~R., all of whom objected to it within the prescribed period.>

INTERNATIONAL WHALING COMMISSION MINISTRY OF AGRICULTURE AND FISHERIES FISHERIES DEPARTMENT 3 WHITEHALL PLACE LONDON S. W. 1 Telephone: TRAFALGAR 7711

Chairman: Dr. REMINGTON KELLOGG (U.S.A.) Vice-Chairman: Dr. G. J. LIENESCH (NETHERLANDS) Secretary: A. T. A. DOBSON (U.K.)

24th February, 1955

THE SECRETARY OF STATE OF THE UNITED STATES, State Department, Washington 25, D.C., USA.

Ref. A.S. VI

Circular to all Contracting Governments Amendments to the Schedule

The Secretary begs to refer to his circular of 17th February, 1955, on the above subject and to inform you that no further objection has been received to the amendment prohibiting the taking of blue whales in the North Atlantic for a period of five years, nor have any of the original objections been withdrawn.

This amendment becomes operative therefore from the 24th February, 1955.

A copy of the amendment is set out below and it is requested that you will make a note of it in the Schedule of which the latest copy dated December 1954, was sent to you at the time.

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

Amendment - to be inserted before Paragraph 4 of the Schedule as a new sub-paragraph.

‘It is forbidden to kill or attempt to kill blue whales in the North Atlantic Ocean for a period of five years.’

[This paragraph does not apply to Iceland or Denmark].

Now that the two remaining amendments of those made at Tokyo have come into operation on the 17th and 24th February, 1955 respectively, it is possible to put them in their proper place in relation to Paragraph 4 and for your convenience a copy is enclosed of the amendments properly numbered as they will appear in the Schedule when it comes to be reprinted. The enclosed sheet is intended to be inserted in the copy of the Schedule which is dated December, 1954.

Amendments to the Schedule

For insertion between pp 2 and 3 of the Copy of the Schedule to the International Whaling Convention 1946 dated December 1954.

Paragraph 4 of the Schedule becomes Paragraph 4(3) and the following paragraphs are inserted as 4(1) and 4(2) respectively.

4(1) It is forbidden to kill or attempt to kill blue whales in the North Atlantic Ocean for a period of 5 years.@Z_FNOT ENTRY_5 = *This paragraph was objected to within the prescribed period ending 7th\~November 1954 by the Government of Iceland, and subsequently by that of Denmark. Neither objection was withdrawn and the paragraph came into force on 24th\~February, 1955 but is not binding on Iceland and Denmark. )*

4(2) It is forbidden to use a whale catcher attached to a factory ship or to a land station for the purpose of killing or attempting to kill blue whales for a period of 5 years in the North Pacific Ocean between 20° North Latitude and 66° North Latitude eastward of a line running south from 66° North Latitude along the meridian 168°58°22.69° West Longitude to 65°15° North Latitude; thence southwest-ward along a great circle course to the intersection of 48° North Latitude and 180° Longitude to 20° North Latitude.This paragraph was objected to within the prescribed period ending 7th November 1954 by the Government of Japan and subsequently by those of the U.\~S.\~A., Canada and the U.\~S.\~S.\~R.\~ None of these objections were withdrawn, and the paragraph came into operation on 17th February, 1955, but is not binding on Japan, U.\~S.\~A., Canada and the U.\~S.\~S.\~R.>