The text of the
INTERNATIONAL CONVENTION FOR THE REGULATION OF WHALING, 1946
signed at Washington, 2 December 1946
and its
PROTOCOL
signed at Washington, 19 November 1956
The Schedule which is attached to the Convention and under Article I
forms an integral part thereof has been amended on many occasions by the Commission, and copies of it in its
latest form can be obtained from the International Whaling Commission or it
can be viewed here.
INTERNATIONAL CONVENTION FOR THE REGULATION OF WHALING
WASHINGTON, 2ND DECEMBER, 1946
The Governments whose duly authorised
representatives have subscribed hereto,
Have agreed as follows:-
Article I
1. This Convention includes the Schedule attached thereto which forms
an integral part thereof. All references to “Convention” shall be understood as
including the said Schedule either in its present terms or as amended in accordance with
the provisions of Article V.
2. This Convention applies to factory ships, land stations, and whale
catchers under the jurisdiction of the Contracting Governments and to all waters in which
whaling is prosecuted by such factory ships, land stations, and whale catchers.
Article II
As used in this Convention:-
1. “Factory ship” means a ship in which or on which whales
are treated either wholly or in part;
2. “Land station” means a factory on the land at which whales
are treated whether wholly or in part;
3. “Whale catcher” means a ship used for the purpose of
hunting, taking, towing, holding
on to, or scouting for whales;
4. “Contracting Government” means any Government which has
deposited an instrument of ratification or has given notice of adherence to this
Convention.
Article III
1. The Contracting Governments agree to establish an International
Whaling Commission, hereinafter referred to as the Commission, to be composed of one
member from each Contracting Government. Each member shall have one vote and may be
accompanied by one or more experts and advisers.
2. The Commission shall elect from its own members a Chairman and
Vice-Chairman and shall determine its own Rules of Procedure. Decisions of the Commission
shall be taken by a simple majority of those members voting except that a three-fourths
majority of those members voting shall be required for action in pursuance of
Article V. The Rules of Procedure may 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 or
advisers, such committees as it considers desirable to perform such functions as it may
authorize.
5. The expenses of each member of the Commission and of his experts and
advisers shall be determined by his own Government.
6. Recognizing that specialized agencies related to the United Nations
will be concerned with the conservation and development of whale fisheries and the
products arising therefrom and desiring to avoid duplication of functions, the Contracting
Governments will consult among themselves within two years after the coming into force of
this Convention to decide whether the Commission shall be brought within the framework of
a specialized agency related to the United Nations.
7. In the meantime the Government of the United Kingdom of Great
Britain and Northern Ireland shall arrange, in consultation with the other Contracting
Governments, to convene the first meeting of the Commission, and shall initiate the
consultation referred to in paragraph 6 above.
8. Subsequent meetings of the Commission shall be convened as the
Commission may determine.
Article IV
1. The Commission may either in collaboration with or through
independent agencies of the Contracting Governments or other public or private 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 its
activities, and it may publish independently or in collaboration with the International
Bureau for Whaling Statistics at Sandefjord in Norway and other organizations and agencies
such reports as it deems appropriate, as well as statistical, scientific, and other
pertinent information relating to whales and whaling.
Article V
1. The Commission may amend from time to time the provisions of the
Schedule by adopting regulations with respect to the conservation and utilization of whale
resources, fixing (a) protected and unprotected species; (b) open and closed
seasons; (c) open and closed waters, including the designation of sanctuary areas; (d)
size limits for each species; (e) time, methods, and intensity of whaling
(including the maximum catch of whales to be taken in any one season); (f) types
and specifications of gear and apparatus and appliances which may be used; (g)
methods of measurement; and (h) catch returns and other statistical and biological
records.
2. These amendments of the Schedule (a) shall be such as are
necessary to carry out the objectives and purposes of this Convention and to provide for
the conservation, development, and optimum utilization of the whale resources; (b)
shall be based on scientific findings; (c) shall not involve restrictions on the
number or nationality of factory ships or land stations, nor allocate specific quotas to
any factory or ship or land station or to any group of factory ships or land stations; and
(d) shall take into consideration the interests of the consumers of whale products
and the whaling industry.
3. Each of such amendments shall become effective with respect to the
Contracting Governments ninety days following notification of the amendment by the
Commission to each of the Contracting Governments, except that (a) if any
Government presents to the Commission objection to any amendment prior to the expiration
of this ninety-day period, the amendment shall not become effective with respect to any of
the Governments for an additional ninety days; (b) thereupon, any other Contracting
Government may present objection to the amendment at any time prior to the expiration of
the additional ninety-day period, or before the expiration of thirty days from the date of
receipt of the last objection received during such additional ninety-day period, whichever
date shall be the later; and (c) 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 shall notify each Contracting Government
immediately upon receipt of each objection and withdrawal and each Contracting Government
shall acknowledge receipt of all notifications of amendments, objections, and withdrawals.
4. No amendments shall become effective before 1st July, 1949.
Article VI
The Commission may from time to time make recommendations to any or all
Contracting Governments on any matters which relate to whales or whaling and to the
objectives and purposes of this Convention.
Article VII
The Contracting Government shall ensure prompt transmission to the
International Bureau for Whaling Statistics at Sandefjord in Norway, or to such other body
as the Commission may designate, of notifications and statistical and other information
required by this Convention in such form and manner as may be prescribed by the
Commission.
Article VIII
1. Notwithstanding anything contained in this Convention any
Contracting Government may grant to any of its nationals a special permit authorizing that
national to kill, take and treat whales for purposes of scientific research subject to
such restrictions as to number and subject to such other conditions as the Contracting
Government thinks fit, and the killing, taking, and treating of whales in accordance with
the provisions of this Article shall be exempt from the operation of this Convention. Each
Contracting Government shall report at once to the Commission all such authorizations
which it has granted. Each Contracting Government may at any time revoke any such special
permit which it has granted.
2. Any whales taken under these special permits shall so far as
practicable be processed and the proceeds shall be dealt with in accordance with
directions issued by the Government by which the permit was granted.
3. Each Contracting Government shall transmit to such body as may be
designated by the Commission, in so far as practicable, and at intervals of not more than
one year, scientific information available to that Government with respect to whales and
whaling, including the results of research conducted pursuant to paragraph 1 of this
Article and to Article IV.
4. Recognizing that continuous collection and analysis of biological
data in connection with the operations of factory ships and land stations are
indispensable to sound and constructive management of the whale fisheries, the Contracting
Governments will take all practicable measures to obtain such data.
Article IX
1. Each Contracting Government shall take appropriate measures to
ensure the application of the provisions of this Convention and the punishment of
infractions against the said provisions in operations carried out by persons or by vessels
under its jurisdiction.
2. No bonus or other remuneration calculated with relation to the
results of their work shall be paid to the gunners and crews of whale catchers in respect
of any whales the taking of which is forbidden by this Convention.
3. Prosecution for infractions against or contraventions of this
Convention shall be instituted by the Government having jurisdiction over the offence.
4. Each Contracting Government shall transmit to the Commission full
details of each infraction of the provisions of this Convention by persons or vessels
under the jurisdiction of that Government as reported by its inspectors. This information
shall include a statement of measures taken for dealing with the infraction and of
penalties imposed.
Article X
1. This Convention shall be ratified and the instruments of
ratifications shall be deposited with the Government of the United States of America.
2. Any Government which has not signed this Convention may adhere
thereto after it enters into force by a notification in writing to the Government of the
United States of America.
3. The Government of the United States of America shall inform all
other signatory Governments and all adhering Governments of all ratifications deposited
and adherences received.
4. This Convention shall, when instruments of ratification have been
deposited by at least six signatory Governments, which shall include the Governments of
the Netherlands, Norway, the Union of Soviet Socialist Republics, the United Kingdom of
Great Britain and Northern Ireland, and the United States of America, enter into force
with respect to those Governments and shall enter into force with respect to each
Government which subsequently ratifies or adheres on the date of the deposit of its
instrument of ratification or the receipt of its notification of adherence.
5. The provisions of the Schedule shall not apply prior to
1st July, 1948. Amendments to the Schedule adopted pursuant to Article V shall
not apply prior to 1st July, 1949.
Article XI
Any Contracting Government may withdraw from this Convention on
30th June, of any year by giving notice on or before 1st January, of the same
year to the depository Government, which upon receipt of such a notice shall at once
communicate it to the other Contracting Governments. Any other Contracting Government may,
in like manner, within one month of the receipt of a copy of such a notice from the
depository Government give notice of withdrawal, so that the Convention shall cease to be
in force on 30th June, of the same year with respect to the Government giving such notice
of withdrawal.
The Convention shall bear the date on which it is opened for signature
and shall remain open for signature for a period of fourteen days thereafter.
In witness whereof the undersigned, being duly authorized, have signed
this Convention.
Done in Washington this second day of December, 1946, in the English
language, the original of which shall be deposited in the archives of the Government of
the United States of America. The Government of the United States of America shall
transmit certified copies thereof to all the other signatory and adhering Governments.
| SIGNATORIES: |
FOR CHILE:
AugustÃn R. Edwards
|
FOR PERU:
Carlos Rotalde
|
| FOR AGENTINA:
Oscar Ivanissevich
José Manuel Moneta
Guillermo Brown
Pedro H. Bruno Videla
|
FOR DENMARK:
Peter Friedrich Erichsen
|
FOR THE UNION OF SOVIET SOCIALIST REPUBLICS:
Alexander S.
Bogdanov
Eugine I. Nikishin
|
| FOR AUSTRALIA:
Francis F. Anderson
|
FOR FRANCE:
Francis Lacoste
|
FOR THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND:
A.T.A.
Dobson
J. Thomson
|
| FOR BRAZIL:
Paulo Fróes da Cruz
|
FOR THE NETHERLANDS:
Guy Richardson Powles
|
FOR THE UNITED STATES OF AMERICA:
Remington Kellogg
Ira N. Gabrielson
William E.S. Flory
|
| FOR CANADA:
H.H. Wrong
H.A. Scott
|
FOR NEW ZEALAND:
Birger Bergersen
|
FOR THE UNION OF SOUTH AFRICA:
H.T. Andrews
|
Protocol to the International Convention for the
Regulation of Whaling Signed at Washington under date of December 2, 1946
The Contracting Governments to the International Convention for the
Regulation of Whaling signed at Washington under date of 2nd December, 1946 which
Convention is hereinafter referred to as the 1946 Whaling Convention, desiring to extend
the application of that Convention to helicopters and other aircraft and to include
provisions on methods of inspection among those Schedule provisions which may be amended
by the Commission, agree as follows:
Article I
Subparagraph 3 of the Article II of the 1946 Whaling Convention shall
be amended to read as follows:
“3. ‘whale catcherÂ’ 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 II
Paragraph 1 of Article V of the 1946 Whaling Convention shall be
amended by deleting the word “and” preceding clause (h), substituting a
semicolon for the period at the end of the paragraph, and adding the following language:
“and (i) methods of inspection”.
Article III
1. This Protocol shall be open for signature and ratification or for
adherence on behalf of any Contracting Government to the 1946 Whaling Convention.
2. This Protocol shall enter into force on the date upon which
instruments of ratification have been deposited with, or written notifications of
adherence have been received by, the Government of the United States of America on behalf
of all the Contracting Governments to the 1946 Whaling Convention.
3. The Government of the United States of America shall inform all
Governments signatory or adhering to the 1946 Whaling Convention of all ratifications
deposited and adherences received.
4. This Protocol shall bear the date on which it is opened for
signature and shall remain open for signature for a period of fourteen days thereafter,
following which period it shall be open for adherence.
IN WITNESS WHEREOF the undersigned, being duly authorized, have signed
this Protocol.
DONE in Washington this nineteenth day of November, 1956, in the
English Language, the original of which shall be deposited in the archives of the
Government of the United States of America. The Government of the United States of America
shall transmit certified copies thereof to all Governments signatory or adhering to the
1946 Whaling Convention.
| SIGNATORIES: |
FOR CHILE:
AugustÃn R. Edwards
|
FOR PERU:
Carlos Rotalde
|
| FOR AGENTINA:
Oscar Ivanissevich
José Manuel Moneta
Guillermo Brown
Pedro H. Bruno Videla
|
FOR DENMARK:
Peter Friedrich Erichsen
|
FOR THE UNION OF SOVIET SOCIALIST REPUBLICS:
Alexander S.
Bogdanov
Eugine I. Nikishin
|
| FOR AUSTRALIA:
Francis F. Anderson
|
FOR FRANCE:
Francis Lacoste
|
FOR THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND:
A.T.A.
Dobson
J. Thomson
|
| FOR BRAZIL:
Paulo Fróes da Cruz
|
FOR THE NETHERLANDS:
Guy Richardson Powles
|
FOR THE UNITED STATES OF AMERICA:
Remington Kellogg
Ira N. Gabrielson
William E.S. Flory
|
| FOR CANADA:
H.H. Wrong
H.A. Scott
|
FOR NEW ZEALAND:
Birger Bergersen
|
FOR THE UNION OF SOUTH AFRICA:
H.T. Andrews
|