Amendments to the Schedule to the International Convention for the Regulation of Whaling of 2 December 1946
Source: AUSTRALIAN TREATY SERIES 1980 No. 35 (electronic)
The amendments read as follows:
A. Substantive amendments [changes and new wording italicised]
1. New paragraph to precede the present paragraph 5 in Chapter III Capture, all succeeding paragraphs to be renumbered:
"The killing for commercial purposes of whales, except minke whales, using the cold grenade harpoon shall be forbidden from the beginning of the 1980/81 pelagic and 1981 coastal seasons."
2. New sub-paragraph (e) to be added to [old] paragraph 8:
"(e) Geographical boundaries for Bryde's whale stocks in the Southern Hemisphere and Northern Indian Ocean.
Indian Ocean
20°E to the Australian coast
40°S to the coast north of the Equator
Solomon Islands
150°E to 170°E
20°S to 10°S
Western South Pacific
Australian coast to 150°W
40°S to the Equator
(excluding the Solomon Islands stock area)
Peruvian
110°W to the South American coast
10°S to 10°N
Eastern South Pacific
150°W to the South American coast
40°S to the Equator
(excluding the Peruvian stock area)"
3. New sentence to be added to [old] sub-paragraph 9(d):
"This moratorium applies to sperm whales, killer whales and baleen whales, excluding minke whales."
4. Amend Schedule Tables 1 and 2 and reorganise into three tables as shown in Appendix 1 of this document.
5. Replace [old] sub-paragraph 12(a) with the following:
"For the years 1981 through 1983, inclusive, the total number of whales landed shall not exceed 45 and the total number of whales struck shall not exceed 65, provided, however, that in any one year the number of whales landed shall not exceed 17."
6. Revise Schedule Appendix A as shown in Appendix 2 of this document by amending Table 1 and adding Table 2.
B. Legal Revision of the Schedule
CHAPTER I. INTERPRETATION (paragraph 1)
Divide the listing into three parts: baleen whales, toothed whales, and general. Under the first two parts, the various whale species are listed alphabetically. Under the third part the following terms are included, in this order:
"strike" means to penetrate with a weapon used for whaling.
"take" means to flag, buoy or make fast to a whale catcher.
"land" means to retrieve to a factory ship, land station, or other place where a whale can be treated.
"lose" means to either strike or take but not land.
"dauhval" [definition unchanged].
"lactating whale" [definition unchanged].
"small-type whaling" [definition unchanged].
The terms "lost whale" and "whales taken" are deleted from the list of definitions.
CHAPTER II. SEASONS
Re-arrange in following order:
"Factory Ship Operations
2. (a)
(b) (with consequential changes)
(c)
(d)
4. (to be renumbered as "3" and to read "... as provided in paragraphs 12 and 17 ...")
Land Station Operations
3. (a) (to be renumbered as "4. (a)")
(b)
(c)
(d)
(e) (with consequential change from deletion of [old] paragraph 7)
Other Operations
2. (e) (to be renumbered as "5")"
CHAPTER III. CAPTURE
Insert a date in the last sentence of [old] paragraph 5:
"This prohibition will apply for 10 years from 24 October 1979 with the provision for a general review after 5 years, unless the Commission decides otherwise."
Delete paragraph 7 and revise [old] paragraph 8 as follows:
"9. (a) Classification of Areas
Areas relating to Southern Hemisphere baleen whales are those waters between the ice-edge and the equator and between the meridians of longitude listed in Table 1.
(b) Classification of Divisions
Divisions relating to Southern Hemisphere sperm whales are those waters between the ice-edge and the equator and between the meridians of longitude listed in Table 3.
(c) Geographical Boundaries in the North Atlantic
The geographical boundaries for the fin, minke and sei whale stocks in the North Atlantic are:
..."
Delete the numbering of the individual stocks and divisions in [old] paragraphs 8(c) and (d), and amend [old] paragraph 8(d) Sperm Whale Stocks, Eastern Division to read:
"East of the line described above."
Amend the fourth paragraph in [old] paragraph 9(a) to read:
"10. (a) ...
For stocks at or above the MSY stock level, the permitted catch shall not exceed 90 percent of the MSY. For stocks between the MSY stock level and 10 percent below that level, the permitted catch shall not exceed ... falls short of the MSY stock level."
Amend [old] paragraph 9(c) to read:
"10. (c) A Protection Stock ... below MSY stock level.
There shall be no commercial whaling on Protection Stocks.
Stocks so classified are listed in Tables 1, 2 and 3 of this Schedule.
Amend [old] paragraph 10 to read:
"11. The number of baleen whales taken in the Southern Hemisphere in the 1980/81 pelagic season and the 1981 coastal season shall not exceed the limits shown in Tables 1 and 2. However, in no circumstances shall the sum of the Area catches exceed the total catch limit for each species."
Revise [old] paragraph 12 to read:
"13. (a) Notwithstanding the provisions of paragraph 10
(i) the taking of 10 humpback whales ... less than 50 gross register tonnage are used for this purpose;
(ii) the taking of bowhead whales from the Bering Sea stock by aborigines is permitted, but only when the meat and products ... consumption by the aborigines, and further provided that:
(1) [as set out in section A5 of this document]
(2) it is forbidden to strike, take or kill calves or any bowhead whale accompanied by a calf.
(b) The taking of gray whales from the Eastern stock in the North Pacific is permitted, but only by aborigines or a Contracting Government on behalf of aborigines, and then only when the meat and products of such whales are to be used exclusively for local consumption by the aborigines. The number of gray whales taken in accordance with this sub-paragraph in 1981 shall not exceed the limit shown in Table 1."
Amend footnote 5 in Table 1 to read:
"5 Available to be taken by aborigines or a Contracting Government on behalf of aborigines pursuant to paragraph 13(b)."
Amend [old] paragraph 14(b) to read:
"15. (b) It is forbidden ... Northern Hemisphere; except that fin whales of not less than 55 feet (16.8 metres) may be taken in the Southern Hemisphere for delivery to land stations and fin whales of not less than 50 feet (15.2 metres) may be taken in the Northern Hemisphere for delivery to land stations ..."
Amend [old] paragraph 15 to read:
"16. The number of sperm whales taken in the Southern Hemisphere in the 1980/81 pelagic season and the 1981 coastal season shall not exceed the limits shown in Table 3."
CHAPTER IV. TREATMENT
Revise [old] paragraph 19(a) to read:
"20. (a) It is forbidden to use a factory ship or a land station for the purpose of treating any whales which are classified as Protection Stocks in paragraph 10 or are taken in contravention of paragraphs 2, 3, 4, 5, 6, 7, 8, 11, 12, 16 and 17 of this Schedule, whether or not taken by whale catchers under the jurisdiction of a Contracting Government."
Revise the beginning of [old] paragraph 19(b) to read:
"20. (b) All other whales taken, except minke whales, shall ..."
CHAPTER VI. INFORMATION REQUIRED
Amend [old] paragraphs 25, 26, 28 and 29 as follows:
"26. (a) All Contracting Governments shall report to the Commission for all whale catchers operating in conjunction with factory ships and land stations, the following information:
(i) Methods used to kill each whale, other than a harpoon, and in particular compressed air.
(ii) Number of whales struck but lost.
(b) A record similar ... shall be entered therein as soon as available, and forwarded by Contracting Governments to the Commission."
"27. (a) Notification shall be given ... of data on the number of baleen whales by species taken in any waters ..."
"29. (a) Notification shall be given in accordance with the provisions of Article VII of the Convention with regard to all factory ships and catcher ships of the following statistical information:
(b) If it appears "... permitted by paragraph 11 ..."
(1) The name and gross tonnage of each factory ship.
(2) For each catcher ship attached to a factory ship or land station:
(i) the dates on which each is commissioned and ceases whaling for the season,
(ii) the number of days on which each is at sea on the whaling grounds each season,
(iii) the gross tonnage, horsepower, length and other characteristics of each; vessels used only as tow boats should be specified.
(3) A list of the land stations which were in operation during the period concerned, and the number of miles searched per day by aircraft, if any.
(b) The information required under paragraph (a)(2)(iii) should also be recorded together with the following information, in the log book format in Appendix A, and forwarded to the Commission:
(1) Where possible the time spent each day on different components of the catching operation,
(2) Any modifications of the measures in paragraphs (a)(2)(i)-(iii) or (b)(1) or data from other suitable indicators of fishing effort for "small-type" whaling operations."
"30. (d) Contracting Governments shall ... and report to the Commission on the results of such analyses."
C. Other Consequential Amendments
1. Amend [new] paragraph 9(b) to read:
"... listed in Table 3."
2. Amend [new] paragraph 9(c) to reflect the changes in North Atlantic minke whale stock names:
for "East Greenland-Iceland-Jan Mayen" read Central
for "Svalbard-Norway-British Isles" read Northeastern
3. The recognition of the Eastern North Atlantic Stock of sei whales in Table 1 should be reflected by designation of its geographical boundaries in [new] paragraph 9(c) sei whale stocks:
"Eastern
East of a line through:
20°N 18°W, 60°N 18°W, 68°N 3°E, 74°N 3°E,
and North of a line through:
74°N 3°E, 74°N 22°W."
4. Amend the last lines of [new] paragraph 10(a) third paragraph and 10(b) second paragraph to read:
"... listed in Tables 1, 2 and 3 of this Schedule."
5. Amend [new] paragraph 10(d) to read:
"Notwithstanding the other provisions of paragraph 10 ..."
6. Amend [new] paragraph 12 to read:
"The number of baleen whales taken in the North Pacific Ocean and dependent waters in 1981 and in the North Atlantic Ocean in 1981 shall not exceed the limits shown in Tables 1 and 2."
7. Amend [new] paragraph 17 to read:
"The number of sperm whales taken in the North Pacific Ocean and dependent waters in 1981 and in the North Atlantic Ocean in 1981 shall not exceed the limits shown in Table 3."
8. Amend [new] paragraph 25(a)(iii) to read:
"... pursuant to sub-paragraph 21(b)."
9. Amend [new] paragraph 25(b)(ii) to read:
"... pursuant to paragraph 24."
APPENDIX 1
TABLE 2
BRYDE'S WHALE STOCK CLASSIFICATION AND CATCH LIMITS
SOUTHERN HEMISPHERE AND NORTHERN INDIAN OCEAN
1980/81 pelagic season and 1981 coastal season
Classification
Catch limit
South Atlantic Stock
IMS
0
Indian Ocean Stock
IMS
197
Solomon Islands Stock
IMS
0
Western South Pacific Stock
IMS
237
Peruvian Stock
SMS
264
Eastern South Pacific Stock
IMS
188
NORTH PACIFIC - 1981 season
Eastern Stock
IMS
01
Western Stock
SMS
510
East China Sea Stock
SMS2
19
NORTH ATLANTIC - 1981 season
IMS
01
1 Pending a satisfactory estimate of stock size.
2 Provisionally listed as SMS for 1981.
TABLE 1
BALEEN WHALE STOCK CLASSIFICATIONS AND CATCH LIMITS (excluding Bryde's whales)
(changes shown in bold type)
SOUTHERN HEMISPHERE - 1980/81 pelagic season and 1981 coastal season
Sei
Minke
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
Classi-fication
Classi-fication
Classi-fication
Catch limit
I
120°W-60°W
PS
0
-
910
PS
0
PS
PS
PS
-
-
II
60°W-0°
PS
0
-
1176
PS
0
PS
PS
PS
-
-
III
0°-70°E
PS
0
-
1237
PS
0
PS
PS
PS
-
-
IV
70°E-130°E
PS
0
-
2386
PS
0
PS
PS
PS
-
-
V
130°E-170°W
PS
0
-
1250
PS
0
PS
PS
PS
-
-
VI
170°W-120°W
PS
0
-
467
PS
0
PS
PS
PS
-
-
Total catch not to exceed:
0
7072
0
0
0
0
Northern Hemisphere - 1981 season
ARCTIC
-
-
-
-
-
-
-
-
PS
-
-
NORTH PACIFIC
Whole region
PS
0
-
-
PS
0
PS
PS
PS
-
Okhotsk Sea-West Pacific Stock
-
-
SMS
4211
-
-
-
-
-
-
-
Sea of Japan-Yellow Sea-East China Sea Stock
-
-
SMS2
9403
-
-
-
-
-
-
-
Remainder
-
-
IMS
04
-
-
-
-
-
-
-
Eastern stock
-
-
-
-
-
-
-
-
-
SMS
1795
Western stock
-
-
-
-
-
-
-
-
-
PS
0
NORTH ATLANTIC
Whole region
-
-
-
-
-
-
PS
PS
PS
-
-
West Greenland Stock
-
-
SMS
4446
SMS2
6
-
-
-
-
-
Newfoundland-Labrador Stock
-
-
-
-
IMS
90
-
-
-
-
-
Canadian East Coast Stock
-
-
-
07
-
-
-
-
-
-
-
Nova Scotia Stock
PS
0
-
-
PS
0
-
-
-
-
-
Central Stock
-
-
SMS
320
-
-
-
-
-
-
-
East Greenland-Iceland Stock
-
-
-
-
SMS
3048
-
-
-
-
-
Iceland-Denmark Strait Stock
SMS
1009
-
-
-
-
-
-
-
-
-
Spain-Portugal-British Isles Stock
-
-
-
-
SMS
24010
-
-
-
-
-
Northeastern Stock
-
-
SMS
1790
-
-
-
-
-
-
-
West Norway-Faroe Islands Stock
-
-
-
-
PS
0
-
-
-
-
-
North Norway Stock
-
-
-
-
SMS
61
-
-
-
-
-
Eastern Stock
-
0
-
-
-
-
-
-
-
-
-
NORTHERN INDIAN OCEAN
-
-
-
-
-
-
PS
PS
PS
-
-
1 The total catch of minke whales shall not exceed 1678 in the five years 1980 to 1984 inclusive.
2 Provisionally listed as SMS for 1981.
3 The total catch of minke whales shall not exceed 3634 in the five years 1980 to 1984 inclusive.
4 Pending a satisfactory estimate of stock size.
5 Available to be taken by aborigines or a Contracting Government on behalf of aborigines pursuant to paragraph 13(b).
6 The total catch of minke whales shall not exceed 1778 in the five years 1981 to 1985 inclusive.
7 Pending submission of data leading to an adequate assessment.
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 The total catch of fin whales shall not exceed 440 in the two years 1980 and 1981.
TABLE 3
TOOTHED WHALE STOCK CLASSIFICATION AND CATCH LIMITS
Southern Hemisphere 1980/81 pelagic season and 1981 coastal season
Sperm
Bottlenose
Divisions
Longitudes
Classification
Catch limit
Classification
1
60°W-30°W
-
-
-
2
30°W-20°E
-
-
-
3
20°E-60°E
-
-
-
4
60°E-90°E
-
-
-
5
90°E-130°E
-
-
-
6
130°E-160°E
-
-
-
7
160°E-170°W
-
-
-
8
170°W-100°W
-
-
-
9
100°W-60°W
-
3001
-
Northern Hemisphere - 1981 season
North Pacific
Western Division
males
-
8902,3
-
females
-
0
-
Eastern Division
males
-
0
-
females
-
0
-
North Atlantic
males
-
130
} PS4
females
-
-
}
Northern Indian Ocean
-
0
-
1 The catch in 1982 shall be zero.
2 Included within this figure where 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.
3 It is forbidden to take or kill any sperm whale from this stock over 45 feet (13.7 metres) in length in the 1981 season.
4 Provisionally listed as PS for 1981 pending the accumulation of sufficient information for classification.
APPENDIX 2
TABLE 1
DAILY RECORD SHEET
Date ................................... Catcher name .......................... Sheet No. .....................
Searching:
Time started (or resumed) searching
Time whales seen or reported to catcher*
Whale species
Number seen and no. of groups
Position found
Name of catcher that found whales
Chasing:
Time started chasing (or confirmed whales)
Time whale shot or chasing discontinued
Asdic used (Yes/No)
Handling:
Time whale flagged or alongside for towing
Serial no. of catch
Towing:
Time started picking up
Time finished picking up or starting towing
Date and time delivered to factory
Resting:
Time stopped (for drifting or resting)
Time finished drifting/resting
Time ceased operations
Total searching time .........................
WEATHER CONDITIONS
Total chasing time
Time
Sea state
Wind force and direction
Visibility
A) with asdic .....................................
B) without asdic ................................
Total handling time ............................
Total towing time ...............................
Total resting time ...............................
Other time (eg, bunkering, in port) .........
Whales seen (No. and No. of schools)
Blue ...............................
Bryde ...........................
Fin .................................
Minke ...........................
Humpback .....................
Sperm ...........................
Right .............................
Others ...........................
Sei ..................................
(specify) ........................
Signed .................................................
* Time whales reported to catcher means the time when the catcher is told of the position of a school and starts to move towards it to chase it.
TABLE 2
SCHOOLING REPORT
_____________________________________________________________________
To be completed by pelagic expedition or coastal station for each sperm whale school chased. A separate form to be used each day.
Name of expedition or coastal station ............................................................
Date .......................................... Noon position of factory ship ...............................
_____________________________________________________________________
Time school found ............................................
Total number of whales in school ........................................
Number of takeable whales in school ...................................
Number of whales caught from school by each catcher ....................................
Name of catcher ....................................
Name of catcher ....................................
Name of catcher ....................................
Name of catcher ....................................
Total number caught from school .........................................
______________________________________________________________________
Remarks:
______________________________________________________________________
Explanatory Notes
A. Fill in one column for each school chased with number of whales caught by each catcher taking part in the chase; if catchers chase the school but do not catch any whales from it, enter 0; for catchers in fleet which do not chase that school enter X.
B. A school on this form means a group of whales which are sufficiently close together that a catcher having completed handling one whale can start chasing another whale almost immediately without spending time searching. A solitary whale should be entered as a school of 1 whale.
C. A takeable whale is a whale of a size or kind which the catchers would take if possible. It does not necessarily include all whales above legal size, eg, if catchers are concentrating on large whales only these would be counted as takeable.
D. Information about catchers from other expeditions or companies operating on the same school should be recorded under Remarks.
