REGULATION OF WHALING, 1946n The Governments whose duly authorized representatives have subscribedn hereto,RECOGNIZING the interest of the nations of the world in safeguarding forn future generations the great natural resources represented by the whalen stocks;CONSIDERING that the history of whaling has seen over-fishing of one arean after another and of one species of whale after another to such a degreen that it is essential to protect all species of whales from furthern over-fishing;RECOGNIZING that the whale stocks are susceptible of natural increases ifn whaling is properly regulated, and that increases in the size of whalen stocks will permit increases in the numbers of whales which may be capturedn without endangering these natural resources;RECOGNIZING that it is in the common interest to achieve the optimum leveln of whale stocks as rapidly as possible without causing widespread economicn and nutritional distress;RECOGNIZING that in the course of achieving these objectives, whalingn operations should be confined to those species best able to sustainn exploitation in order to give an interval for recovery to certain speciesn of whales now depleted in numbers;DESIRING to establish a system of international regulation for the whalen fisheries to ensure proper and effective conservation and development ofn whale stocks on the basis of the principles embodied in the provisions ofn the International Agreement for the Regulation of Whaling signed in Londonn on 8 June 1937, and the protocols to that Agreement signed in London on 24n June 1938, and 26 November 1945; andHAVING decided to conclude a convention to provide for the propern conservation of whale stocks and thus make possible the orderly developmentn of the whaling industry;HAVE AGREED as follows:Article I1. This Convention includes the Schedule attached thereto which forms ann integral part thereof. All references to "Convention" shall be understoodn as including the said Schedule either in its present terms or as amended inn accordance with the provisions of Article V.2. This Convention applies to factory ships, land stations, and whalen catchers under the jurisdiction of the Contracting Governments, and to alln waters in which whaling is prosecuted by such factory ships, land stations,n and whale catchers.Article IIAs used in this Convention:1. "factory ship" means a ship in which or on which whales are treatedn whether wholly or in part;2. "land station" means a factory on the land at which whales are treatedn whether wholly or in part;3. "whale catcher" means a ship used for the purpose of hunting, taking,n towing, holding on to, or scouting for whales;4. "Contracting Government" means any Government which has deposited ann instrument of ratification or has given notice of adherence to thisn Convention.Article III1. The Contracting Governments agree to establish an International Whalingn Commission, hereinafter referred to as the Commission, to be composed ofn one member from each Contracting Government. Each member shall have onen vote and may be accompanied by one or more experts and advisers.2. The Commission shall elect from its own members a Chairman andn Vice-Chairman and shall determine its own Rules of Procedure. Decisions ofn the Commission shall be taken by a simple majority of those members votingn except that a three-fourths majority of those members voting shall ben required for action in pursuance of Article V. The Rules of Procedure mayn provide for decisions otherwise than at meetings of the Commission.3. The Commission may appoint its own Secretary and staff.4. The Commission may set up, from among its own members and experts orn advisers, such committees as it considers desirable to perform suchn functions as it may authorize.5. The expenses of each member of the Commission and of his experts andn advisers shall be determined and paid by his own Government.6. Recognizing that specialized agencies related to the United Nations willn be concerned with the conservation and development of whale fisheries andn the products arising therefrom and desiring to avoid duplication ofn functions, the Contracting Governments will consult among themselves withinn two years after the coming into force of this Convention to decide whethern the Commission shall be brought within the framework of a specializedn agency related to the United Nations.7. In the meantime the Government of the United Kingdom of Great Britainn and Northern Ireland shall arrange, in consultation with the othern Contracting Governments, to convene the first meeting of the Commission,n and shall initiate the consultation referred to in paragraph 6 above.8. Subsequent meetings of the Commission shall be convened as then Commission may determine.Article IV1. The Commission may either in collaboration with or through independentn agencies of the Contracting Governments or other public or privaten agencies, establishments, or organizations, or independently a) encourage, recommend, or if necessary, organize studies and
investigations relating to whales and whaling; b) collect and analyze statistical information concerning the current
condition and trend of the whale stocks and the effects of whaling
activities thereon; c) study, appraise, and disseminate information concerning methods of
maintaining and increasing the populations of whale stocks.2. The Commission shall arrange for the publication of reports of itsn activities, and it may publish independently or in collaboration with then International Bureau for Whaling Statistics at Sandefjord in Norway andn other organizations and agencies such reports as it deems appropriate, asn well as statistical, scientific, and other pertinent information relatingn to whales and whaling.Article V1. The Commission may amend from time to time the provisions of then Schedule by adopting regulations with respect to the conservation andn utilization of whale resources, fixing (a) protected and unprotectedn species; (b) open and closed seasons; (c) open and closed waters, includingn the designation of sanctuary areas; (d) size limits for each species; (e)n time, methods, and intensity of whaling (including the maximum catch ofn whales to be taken in any one season); (f) types and specifications of gearn and apparatus and appliances which may be used; (g) methods of measurement;n and (h) catch returns and other statistical and biological records.2. These amendments of the Schedule (a) shall be such as are necessary ton carry out the objectives and purposes of this Convention and to provide forn the conservation, development, and optimum utilization of the whalen resources; (b) shall be based on scientific findings; (c) shall not involven restrictions on the number or nationality of factory ships or landn stations, nor allocate specific quotas to any factory ship or land stationn or to any group of factory ships or land stations; and (d) shall take inton consideration the interests of the consumers of whale products and then whaling industry.3. Each of such amendments shall become effective with respect to then Contracting Governments ninety days following notification of the amendmentn by the Commission to each of the Contracting Governments, except that (a)n if any Government presents to the Commission objection to any amendmentn prior to the expiration of this ninety-day period, the amendment shall notn become effective with respect to any of the Governments for an additionaln ninety days; (b) thereupon, any other Contracting Government may presentn objection to the amendment at any time prior to the expiration of then additional ninety-day period, or before the expiration of thirty days fromn the date of receipt of the last objection received during such additionaln ninety-day period, whichever date shall be the later; and (c) thereafter,n the amendment shall become effective with respect to all Contractingn Governments which have not presented objection but shall not becomen effective with respect to any Government which has so objected until suchn date as the objection is withdrawn. The Commission shall notify eachn Contracting Government immediately upon receipt of each objection andn withdrawal and each Contracting Government shall acknowledge receipt of alln notifications of amendments, objections, and withdrawals.4. No amendments shall become effective before 1 July 1949.Article VIThe Commission may from time to time make recommendations to any or alln Contracting Governments on any matters which relate to whales or whalingn and to the objectives and purposes of this Convention.Article VIIThe Contracting Governments shall ensure prompt transmission to then International Bureau of Whaling Statistics at Sandefjord in Norway, or ton such other body as the Commission may designate, of notifications andn statistical and other information required by this Convention in such formn and manner as may be prescribed by the Commission.Article VIII1. Notwithstanding anything contained in this Convention, any Contractingn Government may grant to any of its nationals a special permit authorizingn that national to kill, take, and treat whales for purposes of scientificn research subject to such restrictions as to number and subject to suchn other conditions as the Contracting Government thinks fit, and the killing,n taking, and treating of whales in accordance with the provisions of thisn Article shall be exempt from the operation of this Convention. Eachn Contracting Government shall report at once to the Commission all suchn authorizations which it has granted. Each Contracting Government may at anyn time revoke any such special permit which it has granted.2. Any whales taken under these special permits shall so far as practicablen be processed and the proceeds shall be dealt with in accordance withn directions issued by the Government by which the permit was granted.3. Each Contracting Government shall transmit to such body as may ben designated by the Commission, in so far as practicable, and at intervals ofn not more than one year, scientific information available to that Governmentn with respect to whales and whaling, including the results of researchn conducted pursuant to paragraph 1 of this Article and to Article IV.4. Recognizing that continuous collection and analysis of biological datan in connection with the operations of factory ships and land stations aren indispensable to sound and constructive management of the whale fisheries,n the Contracting Governments will take all practicable measures to obtainn such data.Article IX1. Each Contracting Government shall take appropriate measures to ensuren the application of the provisions of this Convention and the punishment ofn infractions against the said provisions in operations carried out byn persons or by vessels under its jurisdiction.2. No bonus or other remuneration calculated with relation to the resultsn of their work shall be paid to the gunners and crews of whale catchers inn respect of any whales the taking of which is forbidden by this Convention.3. Prosecution for infractions against or contraventions of this Conventionn shall be instituted by the Government having jurisdiction over the offence.4. Each Contracting Government shall transmit to the Commission fulln details of each infraction of the provisions of this Convention by personsn or vessels under the jurisdiction of that Government as reported by itsn inspectors. This information shall include a statement of measures takenn for dealing with the infraction and of penalties imposed.Article X1. This Convention shall be ratified and the instruments of ratificationn shall be deposited with the Government of the United States of America.2. Any Government which has not signed this Convention may adhere thereton after it enters into force by a notification in writing to the Governmentn of the United States of America.3. The Government of the United States of America shall inform all othern signatory Governments and all adhering Governments of all ratificationsn deposited and adherences received.4. This Convention shall, when instruments of ratification have beenn deposited by at least six signatory Governments, which shall include then Governments of the Netherlands, Norway, the Union of Soviet Socialistn Republics, the United Kingdom of Great Britain and Northern Ireland, andn the United States of America, enter into force with respect to thosen Governments and shall enter into force with respect to each Governmentn which subsequently ratifies or adheres on the date of the deposit of itsn instrument of ratification or the receipt of its notification of adherence.5. The provisions of the Schedule shall not apply prior to 1 July 1948.n Amendments to the Schedule adopted pursuant to Article V shall not applyn prior to 1 July 1949.Article XIAny Contracting Government may withdraw from this Convention on Junen thirtieth of any year by giving notice on or before January first of then same year to the depositary Government, which upon receipt of such a noticen shall at once communicate it to the other Contracting Governments. Anyn other Contracting Government may, in like manner, within one month of then receipt of a copy of such a notice from the depositary Government, given notice of withdrawal, so that the Convention shall cease to be in force onn June thirtieth of the same year with respect to the Government giving suchn notice of withdrawal.This Convention shall bear the date on which it is opened for signature andn shall remain open for signature for a period of fourteen days thereafter.IN WITNESS WHEREOF the undersigned, being duly authorized, have signed thisn Convention.DONE in Washington this second day of December 1946, in the Englishn language, the original of which shall be deposited in the archives of then Government of the United States of America. The Government of the Unitedn States of America shall transmit certified copies thereof to all the othern signatory and adhering Governments.
PROTOCOL OF AMENDMENTA Protocol to the International Convention for the Regulation of Whalingn was adopted in Washington, D.C. on 19 November 1956. The Protocol providesn as follows:-The Contracting Governments to the International Convention for then Regulation of Whaling signed at Washington under date of December 2, 1946n which Convention is hereinafter referred to as the 1946 Whaling Convention,n desiring to extend the application of that Convention to helicopters andn other aircraft and to include provisions on methods of inspection amongn those Schedule provisions which may be amended by the Commission, agree asn follows:Article ISubparagraph 3 of Article II of the 1946 Whaling Convention shall ben amended to read as follows:
"3. 'whale catcher' means a helicopter, or other aircraft, or a ship,
used for the purpose of hunting, taking, killing, towing, holding on
to, or scouting for whales."Article IIParagraph 1 of Article V of the 1946 Whaling Convention shall be amended byn deleting the word "and" preceding clause (h), substituting a semicolon forn the period at the end of the paragraph, and adding the following language:n "and (i) methods of inspection".Article III1. This Protocol shall be open for signature and ratification or forn adherence on behalf of any Contracting Government to the 1946 Whalingn Convention.2. This Protocol shall enter into force on the date upon which instrumentsn of ratification have been deposited with, or written notifications ofn adherence have been received by, the Government of the United States ofn America on behalf of all the Contracting Governments to the 1946 Whalingn Convention.3. The Government of the United States of America shall inform alln Governments signatory or adhering to the 1946 Whaling Convention of alln ratifications deposited and adherences received.4. This Protocol shall bear the date on which it is opened for signaturen and shall remain open for signature for a period of fourteen daysn thereafter, following which period it shall be open for adherence.IN WITNESS WHEREOF the undersigned, being duly authorized, have signed thisn Protocol.DONE in Washington this nineteenth day of November 1956, in the Englishn language, the original of which shall be deposited in the archives of then Government of the United States of America. The Government of the Unitedn States of America shall transmit certified copies thereof to alln Governments signatory or adhering to the 1946 Whaling Convention.