Amendments to the Schedule to the International Convention for the Regulation of Whaling, London, 1965

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7TH JULY, 1965

SIR,

Circular letter to all Contracting Governments International Whaling Convention, 1946 Amendments to the Schedule

The Seventeenth Annual Meeting of the Commission closed on Friday 2nd July, 1965. You will be notified as soon as possible of the various decisions taken by the Commission. I am, however, advising you forthwith of the agreed amendments to the Schedule.

The Schedule amendments are as follows:-

Paragraph 4(1)

Insert (a) before the existing sentence

Add a new sentence:-

(b) It is forbidden to kill or attempt to kill blue whales in the North Pacific Ocean and its dependent waters north of the Equator for five years beginning with the 1966 season.

Paragraph 6

Add two new sub-paragraphs.

(4) It is forbidden to kill or attempt to kill humpback whales in the North Pacific Ocean and its dependent waters north of the Equator during the 1966 season.

(5) It is forbidden to use a whale catcher attached to a factory ship for the purpose of killing or attempting to kill sperm whales in the waters between 40° South Latitude and 40° North Latitude.

Paragraph 8(a)

Delete the words ‘ten thousand blue whale units in 1963/64’ in the third and fourth lines and substitute the following:-

‘4,500 blue whales units in 1965/66. There shall be further reductions for the years 1966/67 and 1967/68 that will assure that the total catch for 1967/68 will be less than the combined sustainable yields of the fin and sei stocks as determined on the basis of more precise scientific evidence.

Paragraph 8(c)

Delete ‘9,000’ in the sixth line and substitute the words ‘85 per cent of whatever total catch limit is imposed by the Commission’.

In accordance with the provisions of Article V of the Convention these amendments will become effective with respect to each Contracting Government ninety days following the date of this letter, unless any Contracting Government lodges an objection in which case the procedure under Article V(3) will be followed.

The ninety-day period is deemed to expire at midnight on 5th October, 1965 and in the absence of objections by that date the amendments will become effective and you will be notified accordingly.

It is requested that you acknowledge the receipt of this letter. A copy is being sent to each Commissioner.

I am, Sir,

Your obedient Servant,

R. S. Wimpenny Secretary to the Commission

Circular Communication to all Contracting Governments International Whaling Convention, 1946 Amendments of Schedule

The Secretary refers to his circular communication of 7th July, 1965 about the amendments to the Schedule to the Convention which the Commission agreed upon at the Seventeenth Meeting.

In a letter dated 10th September, 1965 from the Soviet Commissioner, a copy of which is enclosed, the Secretary has been informed that the Soviet Government objects to the amendment to paragraph 6(5) of the Schedule.

In accordance with Article V(3) of the Convention the amendment to paragraph 6(5) will now remain inoperative for an additional period of 90 days from 5th October, 1965, that is until midnight on 3rd January, 1966, when in the absence of further objections the amendment to paragraph 6(5) will then become binding on all Contracting Governments except the Soviet Government.

It will be noted from the Soviet Commissioner's letter that the Soviet Government withdraws the objection lodged against the amendment made by the Commission at the Sixteenth Meeting to paragraph 6(3) of the Schedule with the effect of closing the waters between 40° and 55° south latitude and 0° and 80° east longitude to the killing of blue whales.

The Secretary requests an acknowledgement of the receipt of this letter, a copy of which is being sent to all Commissioners.

[Enclosure]

MOSCOW September 10th, 1965

Mr. R. S. WIMPENNY the Secretary, International Whaling Commission, East Block, Whitehall Place, London, S.W.1

DEAR MR. WIMPENNY,

The International Whaling Commission at its Seventeenth Meeting adopted the amendment (Para 6(5)) to the Schedule providing the prohibition to use a whale catcher attached to a factory ship for the purpose of killing or attempting to kill sperm whales in the waters between 40°S and 40°N. From our specialists' point of view such a prohibition to kill sperm whales in the area in question has no sufficient ground, therefore at the Commission Meeting the Soviet Delegation voted against approval of that amendment to the Schedule.

In accordance with the provisions of Paragraph 3, Article V of the Convention the Soviet Party objects to the amendment (Para 6(5)) to the Schedule and considers it to be invalid for itself.

At the same time the Soviet Party would like to inform the Commission that it withdraws the objection to the amendment to Paragraph 6(3) of the Schedule concerning the closure of the last area remaining open for killing blue whales, i.e. the waters between 40° and 55°S between 0° and 80°E. Sincerely yours,

Circular Communication to all Contracting Governments International Whaling Convention, 1946 Amendments to Schedule

The Secretary refers to his circular communication of 7th July, 1965 about the amendments to the Schedule to the Convention which the Commission agreed upon at the Seventeenth Meeting.

No objections have been received to the amendments proposed to paragraphs 4(1), 6(4), 8(a) and 8(c) of the Schedule, and these amendments, which are repeated overleaf, therefore become binding on all Contracting Governments from 6th October, 1965. The amendment to paragraph 6(5) has been objected to by the Soviet Government and the Government of Japan and this amendment is now subject to the proceedings as set out in the Secretary's letter of 15th September, 1965 that is, the amendment to paragraph 6(5) will now remain inoperative for an additional period of 90 days from 5th October, 1965, that is until midnight on 3rd January, 1966, when in the absence of further objections the amendment to paragraph 6(5) will then become binding on all Contracting Governments except the Soviet Government and the Government of Japan. A copy of the letter from the Japanese Ambassador is enclosed: it will be noted from this that the Government of Japan now withdraws the objection lodged against the amendment made by the Commission at the Sixteenth Meeting to paragraph 6(3) of the Schedule with the effect of closing the waters between 40° and 55° south latitude and 0° and 80° east longitude to the killing of blue whales.

The Secretary requests an acknowledgement of the receipt of this letter, a copy of which is being sent to all Commissioners.

Schedule amendments made at the Seventeenth Meeting which come into force 6th October, 1965:-

Paragraph 4(1) Insert (a) before existing sentence

Add a new sentence:-

(b) It is forbidden to kill or attempt to kill blue whales in the North Pacific Ocean and its dependent waters north of the Equator for five years beginning with the 1966 season.

Paragraph 6

Add new sub-paragraph.

(4) It is forbidden to kill or attempt to kill humpback whales in the North Pacific Ocean and its dependent waters north of the Equator during the 1966 season.

Paragraph 8 (a) Delete the words ‘ten thousand blue whale units in 1963/64’ in the third and fourth lines and substitute the following:-

4,500 blue whale units in 1965/65. There shall be further reductions for the years 1966/67 and 1967/68 that will assure that the total catch for 1967/68 will be less than the combined sustainable yields of the fin and sei stocks as determined on the basis of more precise scientific evidence.

Paragraph 8 (c) Delete ‘9,000’ in the sixth line and substitute the words ‘85 per cent of whatever total catch limit is imposed by the Commission’.

[Enclosure]

EMBASSY OF JAPAN United Kingdom

The Ambassador of Japan presents his compliments to the Secretary to The International Whaling Commission and has the honour, under instructions from the Government of Japan, to inform the Secretary as follows:-

(A) The Government of Japan presents its objection, in accordance with the provisions of paragraph 3 of Article 5 of the International Convention for the Regulation of Whaling of 1946, to the amendment of paragraph 6(5) of the Schedule to the above mentioned Convention which was decided at the Seventeenth Meeting of the Commission, since the Government of Japan considers that the amendment is not based on sufficient scientific findings.

(B) The Government of Japan withdraws its objection to the amendment of paragraph 6(3) of the schedule to the above mentioned Convention which was decided at the sixteenth Meeting of the Commission.

LONDON: 1st October 1965.

Circular Communication to all Contracting Governments International Whaling Convention, 1946 Amendments to Schedule

The Secretary refers to his circular communication of 7th July, 1965 about the amendments to the Schedule to the Convention which the Commission agreed upon at the Seventeenth Meeting.

In addition to the objections already received from the Soviet Government and the Government of Japan, an objection to the amendment to paragraph 6(5) has now been received from the Norwegian Government and a copy of the letter from the Norwegian Counsellor dated 20th October, 1965 is enclosed. In accordance with Article V(3) of the Convention, the amendment to paragraph 6(5) remains inoperative until midnight on 3rd January, 1966, when, in the absence of further objections, the amendment to paragraph 6(5) will become binding on all Contracting Governments except the Soviet Government, the Government of Japan, and the Norwegian Government.

It will also be noted that the Norwegian Government now withdraws the objection lodged against the amendment to paragraph 6(3) of the Schedule made at the 16th Meeting of the Commission.

A copy of a letter received from the United Kingdom Commissioner is also enclosed from which it will be noted that the United Kingdom Government also withdraws its objection to paragraph 6(3) of the Schedule.

The Secretary requests an acknowledgement of this letter a copy of which is being sent to all Commissioners.

[Enclosure]

ROYAL NORWEGIAN EMBASSY 25, BELGRAVE SQUARE, LONDON S. W. 1 TELEPHONE: BELGRAVIA 7151

LONDON, 20th October, 1965.

R. S. WIMPENNY, Esq., Secretary, International Whaling Commission, East Block, Whitehall Place, London, S.W.1.

SIR,

Upon instructions from the Royal Norwegian Ministry of Foreign Affairs I have the honour to convey the following communication from the Norwegian Government:

(A) The Government of Norway has been informed of the objections made by the U.S.S.R. and Japan to the amendment of paragraph 6 (5) of the Schedule to the International Whaling Convention, which was decided at the Seventeenth Meeting of the Commission.

As a result of the objections having been presented by the two Governments, the Government of Norway formally declares that Norway objects to the amendment of paragraph 6 (5) of the Schedule, which was adopted at the Seventeenth Meeting of the Commission.

(B) The Government of Norway withdraws its objection to the amendment of paragraph 6 (3) of the Schedule to the International Whaling Convention, which was decided at the Sixteenth Meeting of the Commission.

Yours faithfully,

GEORG KNAP THESTRUP Counsellor

[Enclosure]

MINISTRY OF AGRICULTURE, FISHERIES AND FOOD WHITEHALL PLACE, LONDON S.W.1 TELEPHONE: TRAFALGAR 7711, EXT. 29TH OCTOBER, 1965. R. S. WIMPENNY, Esq., O.B.E., Secretary, International Whaling Commission, Whitehall Place East, S.W.1.

Our ref: FGB. 23464

DEAR SIR,

I am writing to tell you that the United Kingdom withdraws its objection to the amendment made by the Commission at the Sixteenth Meeting to paragraph 6(3) of the Schedule, which has the effect of closing the waters between 40° and 55° south latitude and 0° and 80° east longitude to the killing of blue whales.

Yours faithfully,

W. C. TAME U.K. Commissioner.

4TH JANUARY, 1966

Circular Communication to all Contracting Governments International Whaling Convention, 1946 Amendments to Schedule

The Secretary refers to his circular communication of 2nd November, 1965, notifying Commissioners that besides objections received from the Soviet Government and the Government of Japan to the amendment to paragraph 6(5) of the Schedule, the Norwegian Government had also registered its objection to this amendment.

No further objections have been received and, in accordance with Article V(3) of the Convention, the amendment to paragraph 6(5) of the Schedule comes into operation with effect from 4th January, 1966, except for the Soviet Government, the Government of Japan and the Norwegian Government.

The Secretary requests an acknowledgement of this letter which is being sent to all Commissioners.