Amendments To The Schedule To The International Convention For The Regulation Of Whaling Of 2 December 1946
Source: http://www.austlii.edu.au/au/other/dfat/treaties/1979/26.html (electronic)
The amendments read as follows:[1]
Substantive amendments [changes and new wording italicised]
New paragraph to precede the present paragraph 5 in Section III Capture, all succeeding paragraphs to be renumbered:
"5. In accordance with Article V(1)(c) of the Convention, commercial whaling, whether by pelagic operations or from land stations, is prohibited in a region designated as the Indian Ocean Sanctuary. This comprises the waters of the Northern Hemisphere from the coast of Africa to 100 degrees East, including the Red and Arabian Seas and the Gulf of Oman; and the waters of the Southern Hemisphere in the sector from 20 degrees East to 130 degrees East, with the Southern boundary set at 55 degrees South. This prohibition applies irrespective of the classifications of baleen or toothed whale stocks in the Sanctuary, as may from time to time be determined by the Commission. This prohibition will apply for ten years, with the provision for a general review after five years, unless the Commission decides otherwise."
Paragraph 8 [old numbering, new paragraph 9]
Add new sub-paragraph to read:
"9. (d) Notwithstanding the other provisions of paragraph 9 there shall be a moratorium on the taking, killing, or treating of whales, excluding minke whales, by factory ships or whale catchers attached to factory ships."
Paragraph 9 [old numbering, new paragraph 10]
Amend to read:
"10. The number of baleen whales taken during the open season in the Southern Hemisphere by factory ships, land stations or whale catchers attached thereto under the jurisdiction of the Contracting Governments shall not exceed 8102 minke whales and 264 Bryde's whales in the 1979/80 pelagic season and the 1980 coastal season. The total catches taken in any of the Areas I to VI shall not exceed the limits shown in Table 1. However, in no circumstances shall the sum of the Area catches exceed the total quotas for each species."
Paragraph 10 [old numbering, new paragraph 11]
Amend to read:
"11. The number of baleen whales taken in the North Pacific Ocean and dependent waters in 1980 and in the North Atlantic Ocean in 1980 shall not exceed the limits shown in Table l."
Table 1
Amend to read as shown (appended).
Paragraph 11 [old numbering, new paragraph 12]
Amend to read:
"... with respect to the Bering Sea stock of bowhead whales that:
(a) in 1980, hunting shall cease when either 26 have been struck or 18 landed,
(b) it is forbidden to strike, take or kill calves or any bowhead whale accompanied by a calf."
Paragraph 14 [old numbering, new paragraph 15]
Amend to read:
"15. The number of sperm whales taken in the Southern Hemisphere in the 1979/80 pelagic season and the 1980 coastal season shall not exceed 580. The total catch in any of the Divisions 1 to 9 shall not exceed the limits shown in Table 2."
Paragraph 15 [old numbering, new paragraph 16]
Amend to read:
"16. The number of sperm whales taken in the North Pacific Ocean and dependent waters in 1980 and in the North Atlantic Ocean in 1980 shall not exceed the limits shown in Table 2."
Table 2
Amend to read as shown (appended).
New paragraph to be added before paragraph 29 [old numbering, new paragraph 31]
"30. A Contracting Government shall provide the Secretariat with proposed scientific permits before they are issued and in sufficient time to allow the Scientific Committee to review and comment on them. The proposed permits should specify:
(a) objectives of the research;
(b) number, sex, size and stock of the animals to be taken;
(c) opportunities for participation in the research by scientists of other nations; and
(d) possible effect on conservation of the stock.
Proposed permits shall be reviewed and commented on by the Scientific Committee at Annual meetings when possible. When permits would be granted prior to the next Annual Meeting, the Secretary shall send the proposed permits to members of the Scientific Committee by mail for their comment and review. Preliminary results of any research resulting from the permits should be made available at the next Annual meeting of the Scientific Committee."
Consequential changes
Paragraph 8(a) [old numbering, new paragraph 9(a)]
Amend fourth paragraph to read:
"For the 1979/80 pelagic season and the 1980 coastal season in the Southern Hemisphere and for the 1980 season in all other areas ..."
Paragraph 11 [old numbering, new paragraph 12]
Amend to read:
"Notwithstanding the provisions of paragraph 9 the taking ..."
Paragraph 18 [old numbering, new paragraph 19]
Amend to read:
"... classified as Protection Stocks in paragraph 9 or are taken ... in contravention of paragraphs 2, 3, 5, 6, 10, 11, 15 and 16 of this Schedule."
Paragraph 23 [old numbering, new paragraph 24]
Amend sub-paragraph 24(a)(3) to read:
"(3) Its marking effected pursuant to sub-paragraph 20(b)."
Amend sub-paragraph 24(b)(2) to read:
"(2) Length, measured pursuant to paragraph 23."
Paragraph 25 [old numbering, new paragraph 26]
Delete from sub-paragraph 26(a), line three, the words "Bryde's and".
Amend sub-paragraph 26(b) to read:
"... permitted by paragraph 10 ..."
TABLE 1
BALEEN WHALE STOCK CLASSIFICATIONS AND CATCH LIMITS (changes shown in bold type)
SOUTHERN HEMISPHERE - 1979/80 pelagic season and 1980 coastal season
Sei
Minke
Bryde's
Fin
Blue
Hump-back
Right,
Bow-head,
Pygmy
Right
Gray
Area
Longitudes
Classi-fication
Catch limit
Classi-fication
Catch limit
Classi-fication
Catch limit
Classi-fication
Catch limit
Classi-fication
Classi-fication
Classi-fication
Classi-fication
Catch limit
I
120°W-60°W
PS
0
-
1060
SMS
264
PS
0
PS
PS
PS
-
-
II
60°W-0°
PS
0
-
1370
IMS1
0
PS
0
PS
PS
PS
-
-
III
0°-70°E
PS
0
-
2718
IMS
02
PS
0
PS
PS
PS
-
-
IV
70°E-130°E
PS
0
-
2043
IMS
02
PS
0
PS
PS
PS
-
-
V
130°E-170°W
PS
0
-
1454
IMS
02
PS
0
PS
PS
PS
-
-
VI
170°W-120°W
PS
0
-
267
IMS
02
PS
0
PS
PS
PS
-
-
Total catch not to exceed
0
8102
264
Northern Hemisphere - 1980 season
ARCTIC
-
-
-
-
-
-
-
-
-
-
PS
-
-
NORTH PACIFIC
Whole region
PS
0
-
-
-
-
PS
0
PS
PS
PS
-
Okhotsk Sea-West Pacific Stock
-
-
SMS
4213
-
-
-
-
-
-
-
-
-
Sea of Japan Stock
-
-
SMS
9404
-
-
-
-
-
-
-
-
-
Remainder
-
-
IMS
01
-
-
-
-
-
-
-
-
-
Eastern stock
-
-
-
-
IMS
02
-
-
-
-
-
SMS
1795
Western stock
-
-
-
-
IMS
460
-
-
-
-
-
PS
0
East China Sea
-
-
-
-
SMS6
19
-
-
-
-
-
-
-
NORTH ATLANTIC
Whole region
-
-
-
-
IMS
02
-
-
PS
PS
PS
-
-
West Greenland Stock
-
-
SMS7
385
-
-
SMS7
(6)
-
-
-
-
-
Newfoundland-Labrador Stock
-
-
-
-
-
-
IMS
90
-
-
-
-
-
Canadian East Coast Stock
-
-
SMS
48
-
-
-
-
-
-
-
-
-
Nova Scotia Stock
PS
0
-
-
-
-
PS
0
-
-
-
-
-
East Greenland-Iceland-Jan Mayen Stock
-
-
SMS
320
-
-
-
-
-
-
-
-
-
East Greenland-Iceland Stock
-
-
-
-
-
-
SMS
3048
-
-
-
-
-
Iceland-Denmark Strait Stock
SMS
1009
-
-
-
-
-
-
-
-
-
-
-
Spain-Portugal-British Isles Stock
-
-
-
-
-
-
SMS10
143
-
-
-
-
-
Svalbard-Norway-British Isles Stock
-
-
SMS
1790
-
-
-
-
-
-
-
-
-
West Norway-Faroe Islands Stock
-
-
-
-
-
-
PS
0
-
-
-
-
-
North Norway Stock
-
-
-
-
-
-
SMS7
61
-
-
-
-
-
NORTHERN INDIAN OCEAN
-
-
-
-
IMS
02
-
-
-
-
-
-
-
1 Provisionally listed as IMS for 1980.
2 Pending a satisfactory estimate of stock size.
3 The total catch of minke whales shall not exceed 1678 in the five years 1980 to 1984 inclusive.
4 The total catch of minke whales shall not exceed 3634 in the five years 1980 to 1984 inclusive.
5 Available to be taken by aborigines or a Contracting Government on behalf of aborigines pursuant to paragraph 12, but not for commercial purposes.
6 Pending analysis of available and new data.
7 Provisionally listed as SMS for 1980, pending the accumulation of sufficient information for classification.
8 The total catch of fin whales shall not exceed 1524 in the six years 1977 to 1982 inclusive.
9 The total catch of sei whales shall not exceed 504 in the six years 1980 to 1985 inclusive.
10 Provisionally listed as SMS for 1980.
TABLE 2
TOOTHED WHALE STOCK CLASSIFICATIONS AND CATCH LIMITS
(changes shown in bold type)
Sperm
Bottlenose
Divisions
Longitudes
Classi-fication
Catch limit
Classi-fication
Catch limit
Southern Hemisphere 1979/80 pelagic season and 1980 coastal season
1
60°W-30°W
SMS1
30
-
-
2
30°W-20°E
-
0
-
-
3
20°E-60°E
-
0
-
-
4
60°E-90°E
-
0
-
-
5
90°E-130°E
-
0
-
-
6
130°E-160°E
-
0
-
-
7
160°E-170°W
-
0
-
-
8
170°W-100°W
-
0
-
-
9
100°W-60°W
SMS1
5502
-
-
Northern Hemisphere - 1980 season
North Pacific:
Western Division:
Males
SMS1
13503
Females
-
0
-
-
Eastern Division:
Males
-
0
Females
-
0
-
-
North Atlantic
SMS1
273
PS4
0
Northern Indian Ocean
-
0
[1] The Amendments entered into force on 24 October 1979 except for an amendment to Table 1 (the catch limit of 143 fin whales for the Spain-Portugal-British Isles stock of the North Atlantic) which entered into force on 22 January 1980.
[Footnotes need to be corrected.]
1 Provisionally listed as SMS for 1980.
2 The catch in 1980 shall not exceed 550 or 50% of the 1978 catch and the catch in 1981 shall not exceed 300 or 25% of the 1978 catch, whichever is the lower in each year. The catch in 1982 shall be zero.
3 Included within this figure there may be a by-catch of females not to exceed 11.5% and all whaling operations for this species are to cease when the by-catch is reached.
4 Provisionally listed as PS for 1980, pending the accumulation of sufficient information for classification.
