3. Prosecution for infractions against or contraventions of this Convention shall be instituted by the Government having jurisdiction over the offense. 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 ratification 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 July 1, 1948. Amendments to the Schedule adopted pursuant to Article V shall not apply prior to July 1, 1949. ARTICLE XI Any Contracting Government may withdraw from this Convention on June thirtieth of any year by giving notice on or before January first of the same year to the depositary 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 depositary Government, give notice of withdrawal, so that the Convention shall cease to be in force on June thirtieth of the same year with respect to the Government giving such notice of withdrawal. This 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. For New Zealand: GR POWLES For Norway: BIRGER BERGERSEN For PERU: C ROTALDE For the Union of Soviet Socialist Republics: ALEXANDER S. BOGDANOV EUGINE I. NIKISHIN For the United Kingdom of Great Britain and Northern Ireland: A. T. A. DOBSON JOHN THOMSON For the United States of America: REMINGTON KELLOGG IRA N GABRIELSON For the Union of South Africa: H. T. ANDREWS SCHEDULE 1. (a) There shall be maintained on each factory ship at least two inspectors of whaling for the purpose of maintaining twenty-four hour inspection. These inspectors shall be appointed and paid by the Government having jurisdiction over the factory ship. (b) Adequate inspection shall be maintained at each land station. The inspectors serving at each land station shall be appointed and paid by the Government having jurisdiction over the land station. 2. It is forbidden to take or kill gray whales or right whales, except when the meat and products of such whales are to be used exclusively for local consumption by the aborigines. 3. It is forbidden to take or kill calves or suckling whales or female whales which are accompanied by calves or suckling whales. 4. 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 of the following areas: (a) in the waters north of 66° North Latitude except that from 150° East Longitude eastward as far as 140° West Longitude the taking or killing of baleen whales by a factory ship or whale catcher shall be permitted between 66° North Latitude and 72° North Latitude; (b) in the Atlantic Ocean and its dependent water north of 40° South Latitude; (c) in the Pacific Ocean and its dependent waters east of 150° West Longitude between 40° South Latitude and 35° North Latitude; (d) in the Pacific Ocean and its dependent waters west of 150° West Longitude between 40° South Latitude and 20° North Latitude; (e) in the Indian Ocean and its dependent waters north of 40° South Latitude. 5. It is forbidden to use a factory ship or a whale catcher attached thereto for the purpose of taking or treating baleen whales in the waters south of 40° South Latitude from 70° West Longitude westward as far as 160° West Longitude. 6. 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. 7. (a) 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 December 15 to April 1 following, both days inclusive. (b) Notwithstanding the above prohibition of treatment during a closed season, the treatment of whales which have been taken during the open season may be completed after the end of the open season. 8. (a) The number of baleen whales taken during the open season caught in any water south of 40° South Latitude by whale catchers attached to factory ships under the jurisdiction of the Contracting Governments shall not exceed sixteen thousand blue-whale units. (b) For the purposes of subparagraph (a) of this paragraph, blue-whale units shall be calculated on the basis that one blue whale equals: (1) two fin whales or (2) two and a half humpback whales or (3) six sei whales. (c) Notification shall be given in accordance with the provisions of Article VII of the Convention, within two days after the end of each calendar week, of data on the number of blue-whale units taken in any waters south of 40° South Latitude by all whale catchers attached to factory ships under the jurisdiction of each Contracting Government. (d) If it should appear that the maximum catch of whales permitted by subparagraph (a) of this paragraph may be reached before April 1 of any year, the Commission, or such other body as the Commission may designate, shall determine, on the basis of the data provided, the date on which the maximum catch of whales shall be deemed to have been reached and shall notify each Contracting Government of that date not less than two weeks in advance thereof. The taking of baleen whales by whale catchers attached to factory ships shall be illegal in any waters south of 40° South Latitude after the date so determined. (e) Notification shall be given in accordance with the provisions of Article VII of the Convention of each factory ship intending to engage in whaling operations in any waters south of 40° South Latitude. 9. It is forbidden to take or kill any blue, fin, sei, humpback, or sperm whales below the following lengths: except that blue whales of not less than 67 feet (19.8 meters), fin whales of not less than 50 feet (15.2 meters), and sei whales of not less than 35 feet (10.7 meters) in length may be taken for delivery to land stations, provided that the meat of such whales is to be use for local consumption as human or animal food. Whales must be measured when at rest on deck or platform, as accurately as possible by means of a steel tape measure fitted at the zero end with a spiked handle which can be stuck into the deck planking abreast of one end of the whale. The tape measure shall be stretched in a straight line parallel with the whale's body and read abreast the other end of the whale. The ends of the whale, for measurement purposes, shall be the point of the upper jaw and the notch between the tail flukes. Measurements, after being accurately read on the tape measure, shall be logged to the nearest foot: that is to say, any whale between 75'6" and 76'6'' shall be logged as 76', and any whale between 76'6'' and 77'6'' shall be logged as 77'. The measurement of any whale which falls on an exact half foot shall be logged at the next half foot, e. g. 76'6'' precisely, shall be logged as 77'. 10. It is forbidden to use a land station or a whale catcher attached thereto for the purpose of taking or treating baleen whales in any area or in any waters for more than six months in any period of twelve months, such period of six months to be continuous. 11. It is forbidden to use a factory ship, which has been used during a season in any waters south of 40° South Latitude for the purpose of treating baleen whales, in any other area for the same purpose within a period of one year from the termination of that season. 12. (a) All whales taken shall be delivered to the factory ship or land station and all parts of such whales shall be processed by boiling or otherwise, except the internal organs, whalebone and flippers of all whales, the meat of sperm whales and of parts of whales intended for human food or feeding animals. (b) Complete treatment of the carcasses of "Dauhval" and of whales used as fenders will not be required in cases where the meat or bone of such whales is in bad condition. 13. 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) shall remain in the sea for a longer period than thirty-three hours from the time of killing to the time when it is taken up on to the deck of the factory ship for treatment. All whale catchers engaged in taking whales must report by radio to the factory ship the time when each whale is caught. 14. Gunners and crews of factory ships, land stations, and whale catchers shall be engaged on such terms that their remuneration shall depend to a considerable extent upon such factors as the species, size, and yield of whales taken, and not merely upon the number of the whales taken. No bonus or other remuneration shall be paid to the gunners or crews of whale catchers in respect of the taking of milk-filled or lactating whales. 15. Copies of all official laws and regulations relating to whales and whaling and changes in such laws and regulations shall be transmitted to the Commission. 16. Notification shall be given in accordance with the provisions of Article VII of the Convention with regard to all factory ships and land stations of statistical information (a) concerning the number of whales of each species taken, the number thereof lost, and the number treated at each factory ship or land station, and (b) as to the aggregate amounts of oil of each grade and quantities of meal, fertilizer (guano), and other products derived from them, together with (c) particulars with respect to each whale treated in the factory ship or land station as to the date and approximate latitude and longitude of taking, the species and sex of the whale, its length and, if it contains a foetus, the length and sex, if ascertainable, of the foetus. The data referred to in (a) and (c) above shall be verified at the time of the tally and there shall also be notification to the Commission of any information which may be collected or obtained concerning the calving grounds and migration routes of whales. In communicating this information there shall be specified: (a) the name and gross tonnage of each factory ship; (b) the number and aggregate gross tonnage of the whale catchers; (c) a list of the land stations which were in operation during the period concerned. 17. Notwithstanding the definition of land station contained in Article II of the Convention, a factory ship operating under the jurisdiction of a Contracting Government, and the movements of which are confined solely to the territorial waters of that Government, shall be subject to the regulations governing the operation of land stations within the following areas: (a) on the coast of Madagascar and its dependencies, and on the west coasts of French Africa; (b) on the west coast of Australia in the area known as Shark Bay and northward to Northwest Cape and including Exmouth Gulf and King George's Sound, including the port of Albany; and on the east coast of Australia, in Twofold Bay and Jervis Bay. 18. The following expressions have the meanings respectively assigned to them, that is to say: "baleen whale" means any whale other than a toothed whale; "blue whale" means any whale known by the name of blue whale, Sibbald's rorqual, or sulphur bottom; "fin whale" means any whale known by the name of common finback, common rorqual, finback, finner, fin whale, herring whale, razorback, or true fin whale; "sei whale" means any whale known by the name of Balaenoptera borealis, sei whale, Rudolphi's rorqual, pollack whale, or coalfish whale, and shall be taken to include Balaenoptera brydei, Bryde's whale; "gray whale" means any whale known by the name of gray whale, California gray, devil fish, hard head, mussel digger, gray back, rip sack; "humpback whale" means any whale known by the name of bunch, humpback, humpback whale, humpbacked whale, hump whale, or hunchbacked whale; "right whale" 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; "sperm whale" means any whale known by the name of sperm whale, spermacet whale, cachalot, or pot whale; "Dauhval" means any unclaimed dead whale found floating. I CERTIFY THAT the foregoing is a true copy of the International Convention for the Regulation of Whaling, including the schedule attached thereto, opened for signature in the English language at Washington on December 2, 1946, the signed original of which is deposited in the archives of the Government of the United States of America. IN TESTIMONY WHEREOF, I, JAMES F. BYRNES, Secretary of State of the United States of America, have hereunto caused the seal of the Department of State to be affixed and my name subscribed by the Acting Authentication Officer of the said Department, at the city of Washington, in the District of Columbia, this twenty-third day of December, 1946. JAMES F. BYRNES, Secretary of State The Governments of Argentina, Australia, Brazil, Canada, Chile, Denmark, France, Netherlands, New Zealand, Norway, Peru, Union of Soviet Socialist Republics, United Kingdom of Great Britain and Northern Ireland, and the United States of America, represented by plenipotentiary delegations; and the Governments of Iceland, Ireland, Portugal, Sweden, and the Union of South Africa, represented by observer delegations; Having accepted the invitation extended to them by the Government of the United States of America to participate in an International Whaling Conference; Appointed their respective representatives, who are listed below by countries in the order of alphabetical precedence: Argentina Delegates Oscar Ivanissevich, Ambassador to the United States; Chairman José Commander Guillermo Brown, Naval Mission at Washington, Pedro Adviser Martin Luis Drago, Argentine Embassy, Washington Australia Francis F. Anderson, Director, Fisheries Division, Department of Commerce and Agriculture Member Brazil Cedric G. Setter, Research Officer, Fisheries Division, Department of Delegate Canada Paulo Fróes da Cruz, Agricultural Attaché, Brazilian Embassy, Washington Delegates H. H. Wrong, Ambassador to the United States; Chairman H. A. Scott, Commercial Counsellor, Canadian Embassy, Washington Technical Advisers Peter Friedrich Erichsen, Adviser on Fisheries of the Ministry of Agriculture and Fisheries; Chairman Adviser G. Mortensen, Trangisvaag Faroe Isles |