The purposes of the convention are explained in the report of the Acting Secretary of State, which is transmitted herewith for the information of the Senate. I also transmit a certified copy of the final act of the International Whaling Conference held at Washington from November 20 to December 2, 1946, at which the convention was formulated, and a copy of the report of the delegation of the United States of America to that Conference. The final act does not require ratification and is transmitted as of possible interest in connection with the consideration of the convention. HARRY S. TRUMAN. (Enclosures: (1) Report of the Acting Secretary of State; (2) certified copy of convention for regulation of whaling, opened for signature December 2, 1946 ; (3) certified copy of final act of International Whaling Conference held at Washington, November 20 to December 2, 1946; (4) copy of report of the United States delegation.) The PRESIDENT, The White House: DEPARTMENT OF STATE, The undersigned, the Acting Secretary of State, has the honor to lay before the President for transmission to the Senate to receive the advice and consent of that body to ratification, if his judgment approved thereof, a certified copy of an international convention for the regulation of whaling, opened for signature at Washington, December 2, 1946, and signed under that date for the United States of America, Argentina, Australia, Brazil, Canada, Chile, Denmark, France, the Netherlands, New Zealand, Norway, Peru, the Union of South Africa, the Union of Soviet Socialist Republics, and the United Kingdom of Great Britain and Northern Ireland. The provisions of the convention were formulated by the International Whaling Conference held at Washington from November 20 to December 2, 1946. The principal objectives of that Conference were to consider the codification and possible modification of existing regulations on whaling in the light of the necessity for proper conservation of whale resources and orderly development of the whaling industry and to devise effective administrative machinery for the modification of these regulations from time to time without calling a new international conference and concluding a new agreement or protocol in each instance. The regulations for the protection of whale stocks, which have undergone cer tain modifications but remain substantially similar to regulations embodied in previous agreements to which the United States is a party, are incorporated in the schedule attached to and forming an integral part of the present convention. The International Whaling Commission, provided for by articles III, IV, and V, is charged with responsibility for carrying out the purposes of the convention and in particular for amending the provisions of the schedule by the adoption of new regulations with respect to the conservation of whaling resources. Article I provides that the schedule shall form an integral part of the convention and that the convention shall apply to factory ships, land stations, and whale catchers, and to all waters in which they operate. These provisions are based upon article II of the agreement for the regulation of whaling, signed at London June 8, 1937, and ratified by the United States on September 3, 1937 (52 Stat. 1460). Article II defines certain terms essential to the effective operation of the convention. These particular terms are embodied in the convention itself, rather than in the schedule annexed thereto and, like the other portions of the convention proper, can be changed only by a new convention or protocol. Article III provides for the creation of the International Whaling Commission referred to above, to be composed of one member designated by each contracting government, and lays down certain rules for the operation of the Commission. Decisions of the Commission shall be taken by a simple majority of the members voting, except in cases involving amendments to the schedule, in which case a three-fourths majority of the members voting is required. The question of the relationship of this body to the United Nations, within the framework of a specialized agency thereof, is reserved for further consideration. The provisions of article IV, which authorize the Commission to organize studies and gather statistical and other data with respect to whales and whaling, are new to international whaling agreements but are similar in many respects to provisions in recent international fisheries agreements to which the United States is a party, including the convention between the United States and Canada for the preservation of the halibut fishery of the Northern Pacific Ocean and Bering Sea, signed at Ottawa January 29, 1937, and the convention between the United States and Canada for the preservation of the sockeye-salmon fisheries of the Fraser River system, signed at Washington May 26, 1930. The provisions of article V are likewise similar in certain respects to provisions contained in the above-mentioned fisheries conventions. The Commission established in accordance with article III may amend the schedule by adopting regulations designating protected species, fixing closed seasons and waters, limiting total catches and the sizes of whales taken, defining standards for measurement of whales and specifications for whale-catching equipment, and establishing requirements for statistical and other records. In making such amendments, however, the Commission is prohibited from assigning numerical or other quotas to factory ships and land stations and is to be guided in its decisions by certain other criteria. Article V places other limitations upon the Commission's amending power in addition to the requirement of a three-fourths vote as provided by article III. A contracting government may exempt itself from amendments adopted by the Commission by filing notice of objection with the Commission within 90 days after the Commission has informed it of the amendment. Such action shall suspend the operation of the amendment in question for an additional 90 days and shall accord to any other contracting government the right to file similar objection within that period or within 30 days from the date of receipt by the Commission of the last objection filed during the former period, .whichever date shall be the later. The amendment in question shall become effective, with respect to all contracting governments which have not filed such objections, upon the expiration of the latest of the additional periods, but shall not become effective with respect to any government making objection thereto unless that objection is withdrawn. It is further provided that no amendments proposed by the Commission shall become effective before July 1, 1949. Articles VI and VII contain provisions relating to the Commission's powers of recommendation and to the transmission of whaling statistics and other information, which are to be deposited with the International Bureau for Whaling Statistics at Sandefjord, in Norway, or with any other body which the Commission may designate. Article VIII, which is based in large measure upon the provisions of article X of the agreement of June 8, 1937, authorizes the taking of whales for research purposes and subject to certain restrictions. Article IX requires that each contracting government apply and enforce the provisions of the present convention with respect to persons or vessels under its jurisdiction. In addition, the payment to crews of bonuses or other remuneration calculated upon the results of their work is prohibited with respect to the taking of whales protected by the provisions of the convention. Article X provides for ratification by signatories and adherence by nonsignatories, and provides that the convention shall enter into force upon deposit with the Government of the United States of America of instruments of ratification by six signatory governments, which shall include the United States of America, the Netherlands, Norway, the Union of Soviet Socialist Republics, and the United Kingdom of Great Britain and Northern Ireland. It shall enter into force with respect to each government subsequently ratifying or adhering upon the date of deposit of its instrument of ratification or of receipt of its notification of adherence. Article XI provides that any contracting government may withdraw from the convention on June 30 of any year by virtue of notice given on or before the preceding January 1st. Such action shall accord to any other contracting government the right, within one month of receipt from the Government of the United States of America of a copy of such notice, to give similar notice of withdrawal, which shall become effective the same June 30. The provisions of the schedule, which, pursuant to the provisions of article X of the convention, do not become effective until July 1, 1948, are based, with certain modifications and additions, upon similar provisions of the agreement of June 8, 1937, and the protocols of June 24, 1938, and November 25, 1943, to which the United States is a party. Among the modifications are the requirement of two inspectors aboard each factory ship (par. 1), the inclusion of sei whales among the species for which a minimum length has been specified (par. 9), and the establishment of a 31⁄2 months' season for baleen whales in Antarctic regions (par. 7). The undersigned also lays before the President a certified copy of the final act of the International Whaling Conference held at Washington from November 20 to December 2, 1946, which is furnished for the information of the Senate. The final act does not require action by the Senate. As of possible further interest to the Senate, particularly with respect to the provisions of the schedule, a copy of the report of the delegation of the United States of America to the Conference is furnished herewith. Respectfully submitted. DEAN ACHESON. (Enclosures: (1) Certified copy of convention for regulation of whaling, opened for signature December 2, 1946; (2) certified copy of final act of International Whaling Conference held at Washington November 20 to December 2, 1946; (3) report of the United States delegation.) INTERNATIONAL CONVENTION FOR THE REGULATION OF WHALING The Governments whose duly authorized representatives have subscribed hereto, Recognizing the interest of the nations of the world in safeguarding the future generations the great natural resources represented by the whale stocks; Considering that the history of whaling has seen over-fishing of one area after another and of one species of whale after another to such a degree that it is essential to protect all species of whales from further overfishing; Recognizing that the whale stocks are susceptible of natural increases if whaling is properly regulated, and that increases in the size of whale stocks will permit increases in the numbers of whales which may be captured without endangering these natural resources; Recognizing that it is in the common interest to achieve the optimum level of whale stocks as rapidly as possible without causing wide-spread economic and nutritional distress; Recognizing that in the course of achieving these objectives, whaling operations should be confined to those species best able to sustain exploitation in order to give an interval for recovery to certain species of whales now depleted in numbers; Desiring to establish a system of international regulation for the whale fisheries to ensure proper and effective conservation and development of whale stocks on the basis of the principles embodied in the provisions of the International Agreement for the Regulation of Whaling signed in London on June 8, 1937 and the protocols to that Agreement signed in London on June 24, 1938 and December 26, 1945; and Having decided to conclude a convention to provide for the proper conservation of whale stocks and thus make possible the orderly development of the whaling industry; 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 whether 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 he 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 and paid 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 its 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 of 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 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 July 1, 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 Governments 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, insofar 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. |