Amendments to the Schedule to the International Convention for the Regulation of Whaling, London, 1979

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Chairman Thordur Asgeirsson (Iceland) Vice-Chairman M.C. Mercer (Canada) Secretary Dr. Ray Gambell

25 JULY 1979

RG/CAB/2602

CIRCULAR COMMUNICATION TO CONTRACTING GOVERNMENTS International Convention for the Regulation of Whaling, 1946 Amendments to the Schedule

At its 31st Annual Meeting held in London, 9-13 July 1979, the Commission agreed to the following amendments to the Schedule.

Substantive amendments [changes and new wording underlined]

New paragraph to precede the present paragraph 5 in Section III Capture, all succeeding paragraphs to be renumbered:

‘5. In accordance with Article V(1)(c) of the Convention, commercial whaling, whether by pelagic operations or from land stations, is prohibited in a region designated as the Indian Ocean Sanctuary. This comprises the waters of the Northern Hemisphere from the coast of Africa to 100 degrees East, including the Red and Arabian Seas and the Gulf of Oman; and the waters of the Southern Hemisphere in the sector from 20 degrees East to 130 degrees East, with the Southern boundary set at 55 degrees South. This prohibition applies irrespective of the classifications of baleen or toothed whale stocks in the Sanctuary, as may from time to time be determined by the Commission. This prohibition will apply for ten years, with the provision for a general review after five years, unless the Commission decides otherwise.’

Paragraph 8 [old numbering, new paragraph 9]. Add new sub-paragraph to read:

‘9(d). Notwithstanding the other provisions of paragraph 9 there shall be a moratorium on the taking, killing, or treating of whales, excluding minke whales, by factory ships or whale catchers attached to factory ships.’

Paragraph 9 [old numbering, new paragraph 10]. Amend to read:

‘10. The number of baleen whales taken during the open season in the Southern Hemisphere by factory ships, land stations or whale catchers attached thereto under the jurisdiction of the Contracting Governments shall not exceed 8102 minke whales and 264 Bryde's whales in the 1979/80 pelagic season and the 1980 coastal season. The total catches taken in any of the Areas I to VI shall not exceed the limits shown in Table 1. However, in no circumstances shall the sum of the Area catches exceed the total quotas for each species.’

Paragraph 10 [old numbering, new paragraph 11]. Amend to read:

‘11. The number of baleen whales taken in the North Pacific Ocean and dependent waters in 1980 and in the North Atlantic Ocean in 1980 shall not exceed the limits shown in Table 1.’

Table 1. Amend to read as shown (appended).

Paragraph 11 [old numbering, new paragraph 12]. Amend to read:

‘. . . with respect to the Bering Sea stock of bowhead whales that:

(a) In 1980, hunting shall cease when either 26 have been struck or 18 landed,

(b) it is forbidden to strike, take or kill calves or any bowhead whale accompanied by a calf.’

Paragraph 14 [old numbering, new paragraph 15]. Amend to read:

‘15. The number of sperm whales taken in the Southern Hemisphere in the 1979/80 pelagic season and the 1980 coastal season shall not exceed 580. The total catch in any of the Divisions 1 to 9 shall not exceed the limits shown in Table 2.’

Paragraph 15 [old numbering, new paragraph 16]. Amend to read:

‘16. The number of sperm whales taken in the North Pacific Ocean and dependent waters in 1980 and in the North Atlantic Ocean in 1980 shall not exceed the limits shown in Table 2.’

Table 2. Amend to read as shown (appended).

New paragraph to be added before paragraph 29 [old numbering, new paragraph 31].

‘30. A Contracting Government shall provide the Secretariat with proposed scientific permits before they are issued and in sufficient time to allow the Scientific Committee to review and comment on them. The proposed permits should specify: (a) objectives of the research; (b) number, sex, size and stock of the animals to be taken; (c)opportunities for participation in the research by scientists of other nations; and (d) possible effect on conservation of the stock. Proposed permits shall be reviewed and commented on by the Scientific Committee at Annual meetings when possible. When permits would be granted prior to the next Annual Meeting, the Secretary shall send the proposed permits to members of the Scientific Committee by mail for their comment and review. Preliminary results of any research resulting from the permits should be made available at the next Annual meeting of the Scientific Committee.’

Consequential changes

Paragraph 8(a) [old numbering, new paragraph 9(a)]. Amend fourth paragraph to read:

‘For the 1979/80 pelagic season and the 1980 coastal season in the Southern Hemisphere and for the 1980 season in all other areas . . .’

Paragraph 11 [old numbering, new paragraph 12]. Amend to read:

‘Notwithstanding the provisions of paragraph 9 the taking . . .’

Paragraph 18 [old numbering, new paragraph 19]. Amend to read:

‘. . . classified as Protection Stocks in paragraph 9 or are taken . . . in contravention of paragraphs 2, 3, 5, 6, 10, 11, 15 and 16 of this Schedule.’

Paragraph 23 [old numbering, new paragraph 24]. Amend sub-paragraph 24(a)(3) to read:

‘(3) Its marking effected pursuant to sub-paragraph 20(b).’

Amend sub-paragraph 24(b)(2) to read:

‘(2) Length, measured pursuant to paragraph 23.’

Paragraph 25 [old numbering, new paragraph 26]. Delete from sub-paragraph 26(a), line three, the words ‘Bryde's and’ Amend sub-paragraph 26(b) to read:

‘. . . permitted by paragraph 19. . .’

These amendments become effective with respect to each Contracting Government ninety days following the date of this letter, in accordance with Article V of the Convention, unless any Contracting Government lodges an objection, in which case the procedure under Article V, paragraph 3 of the Convention will be followed.

The ninety days period will expire on 23 October 1979. In the absence of objections by that date the amendments will become effective. Contracting Governments will be notified accordingly.

Please acknowledge receipt of this letter, a copy of which is being sent to each Commissioner.

Dr. R. Gambell Secretary to the Commission

Comments by the Secretary

In drawing up the amendments to the Schedule adopted at the 31st Annual Meeting, the Secretary wishes to draw attention to four points.

1.

Southern Hemisphere minke whale catches

In the plenary session the Chairman of the Scientific Committee made amendments to the figures for Area I and the Total given in the report of the Technical Committee (SC/31/5). However, the Technical Committee figures are correct based on the revised numbers issued for the table at the foot of page 12 of the Report of the Scientific Committee (SC/31/4). The recommended combined catch limit for Area I is 964, which with a 10% allowance gives 1060, while the sum of the combined catch limit for Areas IVI is 8102 whales.

2.

New Sub-paragraph 9 (d) The amended wording adopted in the plenary session includes the words ‘excluding minke whales.’ In paragraphs 2(a), 3(b), new 6 and in similar contexts the Schedule has been consistent previously in using the term‘except’. It is suggested that this matter be referred to the Legal Working Group of the Technical Committee during the coming year.

3. Amendment to new paragraph 12

The Technical Committee had before it a proposed amendment to the Schedule submitted by the USA (IWC/31/29). Discussion of this amendment both in Technical Committee and subsesequently in plenary session was limited entirely to the number of Bering Sea bowheads that might be struck and landed. Neither the new layout nor the addition of the substantive new sub-paragraph requiring information collection and recording where practicable were considered. The amendment finally adopted in plenary was therefore phrased in the terms of the existing paragraph 11(a).

It is suggested that the new layout, which follows the form contained in the proposal of the Technical Committee Working Group on Subsistence/Aboriginal whaling (IWC/31/5 WG1) might be considered during the year through the Legal Working Group, and that the substantive addition be considered in the agenda of the 32nd Annual Meeting.

4. The Technical Committee Legal Working Group pointed out that the Bottlenose whale should not be listed in Table 1 as a Baleen Whale. This species has therefore been transferred to Table 2, which has been re-titled Toothed Whale . . . , as an editional correction to the Schedule.

24 October 1979

RG/CAB/2795

CIRCULAR COMMUNICATION TO CONTRACTING GOVERNMENTS International Convention for the Regulation of Whaling, 1946 Amendments to the Schedule

The Secretary refers to his letters of 25 July 1979 (ref: RG/CAB/2602) and 13 August 1979 (ref: RG/CAB/2624) notifying Contracting Governments of the amendments to the Schedule of the Convention agreed at the Commission's 31st Annual Meeting held in London 9 - 13 July 1979. Pursuant to Article V paragraph 3 of the Convention the Government of Spain has lodged an objection to the catch limit of 143 fin whales for the Spain-Portugal-British Isles stock of the North Atlantic. It states that ‘the Spanish delegation opposed such measure at the meeting and the Spanish [Government] reiterates its objection.’

According to the procedure laid down in Article V paragraph 3 of the Convention, this amendment shall therefore not become effective with respect to any Contracting Government for an additional 90 days, that is until 21 January 1980. During this period any other Contracting Government may present objection to this amendment at any time prior to the expiration of the additional 90 day period, or before the expiration of 30 days from the date of receipt by the Commission of the last objection received during the additional 90 day period, whichever date shall be the later.

Thereafter, the amendment shall become effective with respect to all contracting Governments which have not presented objection but shall not become effective with respect to any Government which has so objected until such date as the objection is withdrawn.

The Commission will notify each Contracting Government immediately upon receipt of each objection and withdrawal and each Contracting Government should acknowledge receipt of all notifications of amendments, objections and withdrawals.

No objections have been received to any other amendments adopted at the 31st Annual Meeting, and these therefore become binding on all Contracting Governments from 24 October 1979. The Secretary requests an acknowledgement of this Communication, a copy of which is also being sent to all Commissioners.

Dr. R. Gambell Secretary to the Commission

TABLE 1

BALEEN WHALE STOCK CLASSIFICATIONS AND CATCH LIMITS (changes shown in bold type)

SOUTHERN HEMISPHERE - 1979/80 pelagic season and 1980 coastal season

¹ Provisionally listed as IMS for 1980.

² Pending a satisfactory estimate of stock size.

³ The total catch of minke whales shall not exceed 1678 in the five years 1980 to 1984 inclusive.

⁴ The total catch of minke whales shall not exceed 3634 in the five years 1980 to 1984 inclusive.

⁵ Available to be taken by aborigines or a Contracting Government on behalf of aborigines pursuant to paragraph 12, but not for commercial purposes.

⁶ Pending analysis of available and new data.

⁷ Provisionally listed as SMS for 1980, pending the accumulation of sufficient information for classification.

⁸ The total catch of fin whales shall not exceed 1524 in the six years 1977 to 1982 inclusive.

⁹ The total catch of sei whales shall not exceed 504 in the six years 1980 to 1985 inclusive.

¹⁰ Provisionally listed as SMS for 1980.

TABLE 2

TOOTHED WHALE STOCK CLASSIFICATIONS AND CATCH LIMITS

(changes shown in bold type)

1 Provisionally listed as SMS for 1980.

2 The catch in 1980 shall not exceed 550 or 50% of the 1978 catch and the catch in 1981 shall not exceed 300 or 25% of the 1978 catch, whichever is the lower in each year. The catch in 1982 shall be zero.

3 Included within this figure there may be a by-catch of females not to exceed 11.5% and all whaling operations for this species are to cease when the by-catch is reached.

4 Provisionally listed as PS for 1980, pending the accumulation of sufficient information for classification.