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THE MARINE MAMMAL COMMISSION COMPENDIUM

MULTILATERAL / MARINE MAMMALS
Volume(s) 1-3; pages 1432-1436


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Amendments to the Schedule to the International Convention for the Regulation of Whaling, Moscow, 1955


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Done at Moscow 23 July 1955


Entered into force 8 November 1955 except for those Amendments which entered into force 7 March 1956**( The Amendments to Paragraph 8(a) and 8(c) are not in force for the United States.>


Primary source citation: 7 UST 657, TIAS 3548


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INTERNATIONAL WHALING COMMISSION 3 WHITEHALL PLACE (ROOM 407) LONDON S.W.1. Telephone: TRAFALGAR 7711 (Extension 383) Secretary: A. T. A. DOBSON (U.K.)

5th August, 1955. Ref: AS VII

Circular letter to all Contracting Governments Amendments to the Schedule Seventh Meeting

SIR,

I have the honour to inform you that the seventh meeting of the Commission which opened in Moscow on 18th July, was concluded on 23rd July.

A copy of the Chairman's Report will be sent to you with as little delay as possible, but in the meantime it is necessary that Contracting Governments should be notified at once of the amendments to the Schedule which the Commission made at the meeting in question. They were four in number as follows:-

1. Paragraph 4 (2) of the Schedule, which was inserted at the Tokyo meeting and prohibits the taking of blue whales in part of the North Pacific Ocean for a period of five years, was rescinded.

2. Paragraph 5 of the Schedule (which creates a sanctuary of Areas I and VI) is rendered inoperative for a period of three years, at the termination of which it will automatically become operative again.

3. Paragraph 7(a) line 5 For 21st January read 1st February.

4. Paragraph 8 (a) line 3 For ‘Fifteen thousand five hundred blue-whale units’ read ‘Fifteen thousand blue-whale units’ and add the words ‘in the season 1955/56 and fourteen thousand five hundred blue-whale units thereafter.’

Consequentially in Paragraph 8 (c)line 6, for 14000 substitute the words ‘13500 in the season 1955/56 and 13000 thereafter.’

In accordance with the provisions of Article V (3) of the International Whaling Convention 1946, these amendments will become effective ninety days following their notification to Contracting Governments, unless any objections are received within that period. The ninety day period will be deemed to have expired at midnight (24 hours) on 7th November, 1955, when a further communication will be addressed to you.

A copy of this letter is being sent to each Commissioner.

I am, Sir,

Your obedient Servant,

A. T. A. DOBSON Secretary to the Commission

INTERNATIONAL WHALING COMMISSION 3, WHITEHALL PLACE, LONDON, S. W. 1 Telephone: TRAFALGAR 7711 (Extension 383) Chairman: Dr. G. J. LIENESCH (Netherlands) Vice-Chairman: R. G. R. WALL (U.K.) Secretary: A. T. A. DOBSON (U.K.)

8TH NOVEMBER 1955

Ref: AS VII

Circular letter to all Contracting Governments and Commissioners Amendments to the Schedule (Moscow)

SIR,

I beg to refer to my circular letter of 5th August 1955, in which were set out the amendments to the Schedule to the International Whaling Convention 1946 (made at the Moscow Meeting), and to inform you that as no objections have been received up to midnight (24 hours) on 7th November, 1955, to certain of those amendments, the following amendments come into operation as from today, 8th November, 1955.

1) Paragraph 4 (2) of the Schedule (prohibiting the taking of blue whales in part of the North Pacific Ocean for a period of 5 years), is rescinded.

2) Paragraph 5 of the Schedule (which creates a Sanctuary of Areas I & VI) is rendered inoperative for a period of three years from 8th November 1955, after which it will automatically become operative again.

3) Paragraph 7 (a), line 5, for 21st January read 1st February.

As regards the amendment to Paragraph 8 (a) of the Schedule (numbered 4 in my circular of 5th August 1955), which deals with the reduction in the 15,500 blue whale unit limit, it will be recalled that this amendment was moved in two parts (a) as regards the 1955/56 Season and (b) thereafter.

No objection has been received to the reduction of 500 proposed for the Season 1955/56, and that amendment comes into operation accordingly from 8th November, 1955, and is as follows:-

Paragraph 8 (a) of the Schedule line 3, For ‘Fifteen thousand five hundred blue-whale units’ read ‘Fifteen thousand blue-whale units’ and add the words ‘in the Season 1955/56’.

Paragraph 8 (c) of the Schedule, line 6. For ‘14,000’ substitute the words ‘13,500 in the Season 1955/56’.

As you have already been notified however in my circular of 4th November, 1955, an objection was received from the Government of the Netherlands to the further reduction, by 500 units, to 14,500 blue-whale units after the Season 1955/56. It follows, therefore, that this particular amendment must remain inoperative for a further period of 90 days. A further communication as regards this amendment will be sent to you at the conclusion of this period, which will be deemed to expire at midnight (24 hours) on 5th February, 1956.

In due course, in accordance with the standing instructions of the Commission, the Schedule, showing the new amendments, will be reprinted and circulated.

A copy of this letter is being sent to each Commissioner.

I am, Sir,

Your obedient servant,

A. T. A. DOBSON Secretary to the Commission.

DEPARTMENT OF STATE WASHINGTON

January 25 1956

THE SECRETARY TO THE INTERNATIONAL WHALING COMMISSION, London.

SIR:

Reference is made to your circular communication of November 8, 1955 regarding the status of certain proposed amendments to the Schedule annexed to the International Whaling Convention of 1946, which amendments were proposed by the International Whaling Commission at its Seventh Meeting held at Moscow July 18-23, 1955.

It is noted that the Netherlands Government, while agreeing to a reduction from 15,500 to 15,000 in the number of blue whale units which may be taken during the 1955/56 season, interposed objection to a further reduction to 14,500 blue whale units thereafter. Under the terms of Article V of the International Whaling Convention, this objection will cause an additional ninety day period to run from November 7, 1955 during which Contracting Governments may reconsider their original position on the amendment to which objection has been made.

By a communication dated September 3, 1955 the Government of the United States informed you that it interposed no objection to the amendments proposed by the International Whaling Commission at its Seventh Meeting. However, upon re-examining this position in the light of subsequent developments, the Government of the United States feels it should now register objection to a reduction in the allowable blue whale units from 15,000 to 14,500 for the whaling seasons following that of 1955/56. The International Whaling Commission is so informed.

The position of the Government of the United States in this matter stems solely from considerations of the anomalous situation created when all Contracting Governments do not accept the same seasonal limitation on blue whale units which may be taken. Irrespective of whether the amendment in question ultimately takes effect with respect to any Contracting Government, it would seem appropriate and desirable to include on the Agenda for the Commission's Eighth Meeting an item permitting consideration of the applicable limit for blue whale units beginning with the 1956/57 whaling season. It is so recommended.

Very truly yours, For the Secretary of State: FRANCIS O. WILCOX Assistant Secretary of State

INTERNATIONAL WHALING COMMISSION 3, WHITEHALL PLACE, LONDON, S.W.1 Telephone: TRAFALGAR 7711 (Extension 383)

Chairman: Dr. G. J. LIENESCH (Netherlands) Vice-Chairman: R. G. R. WALL (U.K.) Secretary: A. T. A. DOBSON (U.K.)

7TH MARCH, 1956. Ref. AS.VII

Circular to all Contracting Governments and Commissioners Amendments to the Schedule (Moscow Meeting)

SIR,

I beg to refer to my previous circulars on the above subject and to forward herewith a notification as to the coming into force upon today's date of the amendments to the Schedule made at the Moscow meeting, to which objections were lodged.

I am, Sir,

Your obedient Servant,

A. T. A. DOBSON Secretary to the Commission

[Enclosure]

INTERNATIONAL WHALING COMMISSION 3, WHITEHALL PLACE, LONDON, S.W.1 Telephone: TRAFALGAR 7711 (Extension 383) Chairman: Dr. G. J. LIENESCH (Netherlands) Vice-Chairman: R. G. R. WALL (U.K.) Secretary: A. T. A. DOBSON (U.K.)

7TH MARCH, 1956

Ref AS.VII

Note to all Contracting Governments and Commissioners Amendments to the Schedule (Moscow)

Reference is made to the earlier circulars on the subject of the amendments to the Schedule to the International Whaling Convention of 1946 made at the Moscow Meeting, and it is recalled that, as indicated in the circular of 8th November, 1955, a number of these amendments came into force as from that date.

The amendment for reducing by a further 500 units the blue whale unit limit after the Season 1955/56 was objected to by the Government of the Netherlands and has since been objected to by the Governments of the U.K., Panama, South Africa, Norway, Japan, U.S.A. and Canada. The period for receiving objections was accordingly extended (by virtue of Article V of the Convention) until (24 hours) 6th March, 1956. No further objections having been received, this amendment is now in force as from 7th March, 1956, but is not binding on the eight countries mentioned.

Paragraph 8 (a) of the Schedule will accordingly read as follows:-

8 (a). The number of baleen whales taken during the open season caught in any waters south of 40° South Latitude by whale catchers attached to factory ships under the jurisdiction of the Contracting Governments shall not exceed fifteen thousand blue-whale units in the season 1955/56 and fourteen thousand five hundred blue-whale units thereafter.

Paragraph 8 (c) of the Schedule will read as follows in line 5:-

8 (c). Provided that when the number of blue-whale units is deemed by the Bureau of International Whaling Statistics to have reached 13,500 in the season 1955/56 and 13,000 thereafter, notification shall be given as aforesaid at the end of each day of data on the number of blue-whale units taken.

In both sub-paragraphs the underlined words shall not apply to the Netherlands, United Kingdom, Panama, South Africa, Norway, Japan, U.S.A. and Canada.

Now that the amendments made at the Moscow meeting are in force, subject to what has been indicated above, a reprint of the Schedule will be issued as soon as possible, in accordance with the standing instructions of the Commission.