Protocol To The International Agreement For The Regulation Of Whaling
Source: http://www.worldlii.org/au/other/dfat/treaties/1946/11.html
The Governments of the Union of South Africa, the United States of America, the Argentine Republic, the Commonwealth of Australia, Canada, Eire, Germany, the United Kingdom of Great Britain and Northern Ireland, New Zealand and Norway, desiring to introduce certain amendments into the International Agreement for the Regulation of Whaling, signed in London on 8 June 1937 (hereinafter referred to as the Principal Agreement) in accordance with the provisions of Article 21 thereof, have agreed as follows:
Article I
With reference to the provisions of Articles 5 and 7 of the Principal Agreement, 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 40deg. South Latitude during the period from 1 October 1938 to 30 September 1939.
Article II
Notwithstanding the provisions of Article 7 of the Principal Agreement, 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 40deg. South Latitude from 70deg. West Longitude westwards as far as 160deg. West Longitude for a period of two years from 8 December 1938.
Article III
(1) No factory ship which has been used for the purpose of treating baleen whales south of 40deg. South Latitude shall be used for that purpose elsewhere within a period of twelve months from the end of the open season prescribed in Article 7 of the Principal Agreement.
(2) Only such factory ships as have operated during the year 1937 within the territorial waters of any signatory Government shall, after the signature of this Protocol, so operate, and any such ships so operating shall be treated as land stations and remain moored in territorial waters in one position during the season and shall operate for not more than six months in any period of twelve months, such period of six months to be continuous.
Article IV
To Article 5 of the Principal Agreement there shall be added the following:
"except that blue whales of not less than 65 feet, fin whales of not less than 50 feet and sperm whales of not less than 30 feet in length may be taken for delivery to land stations provided that the meat of such whales is to be used for local consumption as human or animal food."
Article V
To Article 7 of the Principal Agreement there shall be added the following:
"Notwithstanding the above prohibition of treatment during a close season, the treatment of whales which have been taken during the open season may be completed after the end of the open season."
Article VI
In Article 8 of the Principal Agreement the word "baleen" shall be inserted after the word "treating".
Article VII
For the areas specified in (a), (b), (c) and (d) of Article 9 of the Principal Agreement there shall be substituted the following areas, viz.:
(a) in the waters north of 66deg. North Latitude; except that from 150deg. East Longitude eastwards as far as 140deg. West Longitude the taking or killing of whales by such ship or catcher shall be permitted between 66deg. North Latitude and 72deg. North Latitude;
(b) in the Atlantic Ocean and its dependent waters north of 40deg. South Latitude;
(c) in the Pacific Ocean and its dependent waters east of 150deg. West Longitude between 40deg. South Latitude and 35deg. North Latitude;
(d) in the Pacific Ocean and its dependent waters west of 150deg. West Longitude between 40deg. South Latitude and 20deg. North Latitude;
(e) in the Indian Ocean and its dependent waters north of 40deg. South Latitude.
Article VIII
For Article 12 of the Principal Agreement there shall be substituted the following, viz.:
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 carcase shall remain in the sea for a longer period than 33 hours from the time of killing to the time when it is taken up on to the deck of the factory ship for treatment.
Article IX
The present Protocol shall come into force provisionally on 1 July 1938, to the extent to which the signatory Governments are respectively able to enforce it.
Article X
(i) The present Protocol shall be ratified and the instruments of ratification shall be deposited with the Government of the United Kingdom of Great Britain and Northern Ireland as soon as possible.
(ii) It shall come into force definitively upon the deposit of the instruments of ratification by the Governments of the United Kingdom, Germany and Norway.
(iii) For any other Government which is a party to the Principal Agreement, the present Protocol shall come into force on the date of the deposit of its instrument of ratification or notification of accession.
(iv) The Government of the United Kingdom will inform the other Governments of the date on which the Protocol comes into force and the date of any ratification or accession received subsequently.
Article XI
(i) The present Protocol shall be open to accession by any Government which has not signed it and which accedes to the Principal Agreement before the definitive entry into force of the Protocol.
(ii) Accession shall be effected by means of a notification in writing addressed to the Government of the United Kingdom and shall take effect immediately after the date of its receipt.
(iii) The Government of the United Kingdom will inform all the Governments which have signed or acceded to the present Protocol of all accessions received and the date of their receipt.
Article XII
Any ratification of or accession to the Principal Agreement which may be deposited or notified after the date of definitive coming into force of the present Protocol shall be deemed to relate to the Principal Agreement as amended by the present Protocol.
IN WITNESS WHEREOF the undersigned, duly authorised thereto, have signed the present Protocol.
DONE in London the twenty-fourth day of June, 1938, in a single copy, which shall be deposited in the archives of the Government of the United Kingdom of Great Britain and Northern Ireland, by whom certified copies shall be communicated to all the signatory Governments.
For the Government of the Union of South Africa: C.T. te Water, F. J. du Toit
For the Government of the United States of America: Herschel V. Johnson, Remington Kellogg, Wilfrid N. Derby
For the Government of the Argentine Republic: Manuel Malbran, M. Fincati
For the Government of the Commonwealth of Australia: Rober G. Menzies
For the Government of Canada: Vincent Massey
For the Government of Eire: Sean O'Faolain O'Dulchaontigh, J. D. Rush
For the Government of Germany: Helmuth Wohltat
For the Government of the United Kingdom of Great Britain and Northern Ireland: Henry G. Maurice, Geo. Hogarth
For the Government of New Zealand: W. J. Jordan
For the Government of Norway: Birger Bergersen
