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Full text of "The Marine Mammal Commission compendium of selected treaties, international agreements, and other relevant documents on marine resources, wildlife, and the environment"

The Marine Mammal Commission 

Compendium of Selected Treaties^; 

International Agreements, and Othfr 

Relevant Documents 6n Marina '|. 

Resources, Wildlife, and 

> the Environment 



r-^:^ 



Vo ume II 
Pages 1121-2342 



ADVISORY BOARD 

for the 

Marine Mammal CommLission 

Compendium 



Dayton L. Alverson 
James N. Barnes 
Donald J. Barry 
Donald C. Baur 
Michael J. Bean 
Henry R. Beasley 
Kenneth Berlin 
E.U. Curtis Bohlen 
Mary M. Brandt 
Marjorie Ann Browne 
Eugene H. Buck 
William T. Burke 
Donald A. Carr 
Melinda Chandler 
Thomas A. Clingan, Jr. 
David A. Colson 
Clifton E. Curtis 
Penny Dalton 
Paul K. Dayton 
Prudence Fox 



John Grandy IV 
Scott A. Hajost 
Margaret Frailey Hayes 
Grant James Hewison 
James C. Kilbourne 
Lee A. Kimball 
Steven G. Kohl 
Jack W. Lentfer 
George J. Mannina, Jr. 
Edward L. Miles 
John Norton Moore 
William F. Perrin 
Jeffrey R. Pike 
Arnold W. Reitze, Jr. 
John E. Reynolds, III 
Marilou M. Righini 
R. Tucker Scully 
James P. Walsh 
Mary Beth West 
Warren S. Wooster 



H3,3 
V. 3 



The Marine Maminal Commission 

Compendium of Selected Treaties, 

International Agreements, and 

Other Relevant Documents on 

Marine Resources, Wildlife, and 

the Environment 



Compiled by 

Richard L. Wallace 

Marine Mammal Commission 

Washington, D.C. 



Volume II 
Pages 1121-2342 



Published with the partial support of: 

Bureau of Oceans and International Environmental and Scientific Affairs 
U.S. Department of State 

National Marine Fisheries Service 
U.S. Department of Commerce 

Fish and Wildlife Service 
U.S. Department of the Interior 



Table of Contents 



List of Abbreviations and Citations xxv 



Volume I 



M U L T I L AT K l{ A I. I ) ( ) ( ) U IVI K NT S 



ANTARCTICA i 

The Antarctic Treaty, Washington, 1959 3 

Measures Approved or Recommended Under Article IX in Furtherance of 
Principles and Objectives of the Antarctic Treaty: 

Canberra, 1961 8 

Buenos Aires, 1962 15 

Brussels, 1964 18 

Santiago, 1966 45 

Paris, 1968 71 

Tokyo, 1970 79 

Wellington, 1972 92 

Oslo, 1975 101 

London, 1977 129 

Washington, 1979 136 

Buenos Aires, 1981 188 

Canberra, 1983 192 

; - Brussels, 1985 203 

Rio de Janeiro, 1987 244 

Paris, 1989 285 

Bonn, 1991 327 

Protocol on Environmentsd Protection to the Antarctic Treaty, Madrid 

and Bonn, 1991 372 

Annex I — Environmental Impact Assessment 386 

Annex II — Conservation of Antarctic Fauna and Flora 390 

Annex III — Waste Disposal and Waste Management 394 

Annex IV — Prevention of Marine Pollution 399 

Annex V — ^Area Protection and Management 403 

Conventionfor the Conservation of Antarctic Seals, London, 1972 409 

Amendment, London, 1988 417 



The Marine Mammal Commission Compendium 



Convention on the Conservation of Antarctic Marine Living Resources, 

Canberra, 1980 419 

Convention on the Regulation of Antarctic Mineral Resource Activities, 

WelUngton, 1988 432 



ENVIRONMENT AND NATURAL RESOURCES 475 

(See also Antarctica, Fisheries, Marine Mammals, and Marine Pollution) 

Convention Relative to the Preservation of Fauna and Flora in Their Natural 

State, London, 1933 477 

Protocol, London, 1933 489 

Convention on Nature Protection and Wild Life Preservation in the Western 

Hemisphere, Washington, 1940 490 

International Convention for the Protection of Birds, Paris, 1950 521 

Convention on the High Seas, Geneva, 1958 525 

Convention on the Territorial Sea and the Contiguous Zone, Geneva, 1958 533 

Convention on Fishing and Conservation of the Living Resources of the High 

Seas, Geneva, 1958 541 

Convention on the Continental Shelf, Geneva, 1958 547 

Optional Protocol of Signature Concerning the Compulsory Settlement of 

Disputes, Geneva, 1958 551 

African Convention on the Conservation of Nature and Natural Resources, 

Algiers, 1968 553 

Convention on the Conservation of the Living Resources of the Southeast 

Atlantic, Rome, 1969 566 

Convention on Wetlands of International Importance Especially as Waterfowl 

Habitat, Ramsar, 1971 577 

Protocol, Paris, 1982 582 

Amendments, Regina, 1987 585 

Convention on the Protection of the World Cultural and Natural Heritage, Paris, 

1972 587 

Convention on International Trade in Endangered Species of Wild Fauna and 

Flora, Washington, 1973 598 

Amendment, Bonn, 1979 655 

Amendment, Gaborone, 1983 656 

Convention on the Protection of the Environment Between Denmark, Finland, 

Norway, and Sweden, Stockholm, 1974 658 

Convention on the Conservation of Migratory Species of Wild Animals, Bonn, 

1979 662 



Table of Contents 



Convention on the Conservation of European Wildlife and Natural Habitats, 

Berne, 1979 677 

Convention on Long-Range Transboundary Air Pollution, Geneva, 1979 694 

Protocol on Long-Term Financing of the Co-operative Programme for 

Monitoring and Evaluation of the Long-Range Transmission of Air 

Pollutants in Europe (EMEP), Geneva, 1984 701 

Protocol on the Reduction of Sulphur Emissions or Their Transboundary 

Fluxes by at Least 30 Per Cent, Helsinki, 1985 707 

Protocol Concerning the Control of Emissions of Nitrogen Oxides or 

Their Transboundary Fluxes, Sofia, 1988 712 

Protocol Concerning the Control of Emissions of Volatile Organic 

Compounds or Their Transboundary Fluxes, Geneva, 1991 726 

United Nations Convention on the Law of the Sea, Montego Bay, 1982 760 

Vienna Convention for the Protection of the Ozone Layer, Vienna, 1985 906 

Montreal Protocol on Substances That Deplete the Ozone Layer, 

Montreal, 1987 920 

Amendment, London, 1990 929 

Adjustments, London, 1990 941 

Amendment, Nairobi, 1991 943 

Amendment, Copenhagen, 1992 944 

Adjustments, Copenhagen, 1992 955 

ASEAN Agreement on the Conservation of Nature and Natural Resources, 

Kuala Lumpur, 1985 958 

Convention on Environmental Impact Assessment in a Transboundary Context, 

Espoo, 1991 972 

Convention on the Protection and Use of Transboundary Watercourses and 

International Lakes, Helsinki, 1992 987 

Convention on the Transboundary Effects of Industrial Accidents, Helsinki, 1992 . . 1001 

United Nations Framew^ork Convention on Climate Change, New York, 1992 1027 

Agreement Establishing the Inter-American Institute for Global Change 

Research, Montevideo, 1992 1046 

Convention on Biological Diversity, Rio de Janeiro, 1992 1054 

NON-BINDING DOCUMENTS 1075 

Declaration on the Protection of the Arctic Environment and Arctic 

Environmental Protection Strategy, Rovaniemi, 1991 1077 

Agenda 21 Oceans Chapter, Rio de Janeiro, 1992 1095 



The Marine Mammal Commission Compendium 



Volume II 



FISHERIES . . 1121 

(See also Environment and Natural Resources, 

Marine Mammals, and Marine Science and Exploration) 

Constitution of the Food and Agriculture Organization of the United Nations, 

Quebec, 1945 1123 

Amendments, Rome, 1959 1133 

Amendments, Rome, 1961 1135 

Amendments, Rome, 1963 1136 

Amendments, Rome, 1965 1138 

Amendments, Rome, 1967 1140 

Amendment, Rome, 1969 1141 

Amendments, Rome, 1971 1142 

Amendments, Rome, 1973 1144 

Amendments, Rome, 1975 1146 

Amendments, Rome, 1977 1147 

Amendments, Rome, 1991 1148 

International Convention for the Northwest Atlantic Fisheries, Washington, 1949 . . 1153 

Protocol, Washington, 1956 1161 

Declaration of Understanding, Washington, 1961 1163 

Protocol, Washington, 1963 1164 

Protocol Relating to Entry into Force of Proposals Adopted by the 

Commission, Washington, 1965 1166 

Protocol Relating to Measures of Control, Washington, 1965 1168 

Protocol Relating to Panel Membership and to Regulatory Measures, 

Washington, 1969 1170 

Protocol Relating to Amendments to the Convention, Washington, 1970 . . . 1172 

Convention for the EstabHshment of an Inter-American Tropical Tuna 

Commission, Washington, 1949 1174 

Agreement Concerning Measures for the Protection of the Stocks of Deep-Sea 
Prawns (Pandalus borealis), European Lobsters {Homarus vulgaris), Norway 

Lobsters (Nephrops norvegicus) and Crahs (Cancer pagarus), Oslo, 1952 1180 

Protocol, Oslo, 1959 1182 

International Convention for the High Seas Fisheries of the North Pacific Ocean, 

Tokyo, 1952 1183 

Protocol, Tokyo, 1952 1190 

Amendment, Seattle, 1959 1192 

Amendment, Tokyo, 1961 1194 

Amendments, Seattle, 1962 1196 

Protocol, Tokyo, 1978 1198 

Amendment, Vancouver, 1986 1204 

Memoranda of Understanding Concerning Sailmonid Research and 

Enforcement, Vancouver, 1986 1206 

Amendment, Vancouver, Washington, Tokyo, and Ottawa, 1990 1209 



Table of Contents 



Memorandum of Understanding, Vancouver, 1990 1213 

Amendment, Ottawa, Tokyo, Washington, and Vancouver, 1991 1216 

Memorandum of Understanding, Vancouver, 1991 1220 

Convention Concerning Fishing in the Black Sea, Varna, 1959 1223 

Agreement Concerning Co-operation in Marine Fishing, Warsaw, 1962 1227 

International Convention for the Conservation of Atlantic Tunas, Rio de Janeiro, 

1966 1230 

Protocol, Paris, 1984 1237 

Protocol, Madrid, 1992 1239 

Convention on Conduct of Fishing Operations in the North Atlantic, London, 

1967 1241 

Convention on Fishing and Conservation of the Living Resources in the Baltic 

Sea and Belts, Gdansk, 1973 1254 

Convention on Future Multilateral Cooperation in the Northwest Atlantic 

Fisheries, Ottawa, 1978 1260 

South Pacific Forum Fisheries Agency Convention, Honiara, 1979 1275 

Convention on Future Multilateral Cooperation in North-East Atlantic 

Fisheries, London, 1980 1280 

Convention for the Conservation of Salmon in the North Atlantic Ocean, 

Reykjavik, 1982 1287 

Eastern Pacific Ocean Tuna Fishing Agreement, San Jose, 1983 1296 

Protocol, San Jose, 1983 1301 

Treaty on Fisheries Between the Governments of Certain Pacific Island States 

and the Government of the United States of America, Port Moresby, 1987 1303 

Amendments, Waigani, 1992 1331 

Convention for the Prohibition of Fishing with Long Driftnets in the South 

Pacific Ocean, Welhngton, 1989 1350 

Protocol I, Noumea, 1990 1355 

Protocol II, Noumea, 1990 1357 

Convention for the Conservation of Anadromous Stocks in the North Pacific 

Ocean, Moscow, 1992 1360 

Agreement to Reduce Dolphin Mortality in the Eastern Tropical Pacific Tuna 

Fishery, La Jolla, 1992 1369 

NON-BINDING DOCUMENTS 1375 

United Nations General Assembly Resolution 44/225 on Large-Scale Pelagic 
Driftnet Fishing and Its Impacts on the Living Marine Resources of the 

World's Oceans and Seas, New York, 1989 1377 



The Marine Mammal Commission Compendium 



United Nations General Assembly Resolution 45/197 on Large-Scale Pelagic 
Driftnet Fishing and Its Impact on the Living Marine Resources of the 
World's Oceans and Seas, New York, 1990 1380 

United Nations General Assembly Resolution 46/215 on Large-Scale Pelagic 
Drift-Net Fishing and Its Impact on the Living Marine Resources of the 
World'sOceansandSeas, New York, 1991 1382 



MARINE MAMMALS i385 

(See also Antarctica, Environment and Natural Resources, and Fisheries) 

Convention for the Preservation and Protection of Fur Seals, Washington, 1911 . . . 1387 

Conventionfor the Regulation of Whaling, Geneva, 1931 1394 

International Convention for the Regulation of Whaling, Washington, 1946 1400 

Protocol, Washington, 1956 1408 

Amendments to the Schedule: 

London, 1949 1410 

Oslo, 1950 1413 

Cape Town, 1951 1415 

London, 1952 1421 

London, 1953 1422 

Tokyo, 1954 1425 

Moscow, 1955 1432 

London, 1956 1437 

London, 1957 1439 

The Hague, 1958 1441 

London, 1959 1444 

' ] London, 1960 1448 

. .^ London, 1961 1451 

London, 1962 1453 

London, 1963 1454 

London, 1964 1456 

London, 1965 1460 

London, 1966 1467 

London, 1967 1468 

Tokyo, 1968 1469 

London, 1969 1470 

London, 1970 1471 

Washington, 1971 1473 

London, 1972 1477 

London, 1973 1479 

London, 1974 1483 

London, 1975 1486 

London, 1976 1491 

Canberra, 1977 1496 

Tokyo, 1977 1506 

London, 1978 1509 

Tokyo, 1978 1517 



Table of Contents 



London, 1979 1522 

Brighton, 1980 1530 

Brighton, 1981 1543 

Brighton, 1982 1546 

Brighton, 1983 1549 

Buenos Aires, 1984 1551 

Bournemouth, 1985 1557 

Malmo, 1986 1566 

Bournemouth, 1987 1568 

Auckland, 1988 1570 

San Diego, 1989 1572 

Noordwijk, 1990 1574 

Reykjavik, 1991 1576 

Glasgow, 1992 1578 

Interim Convention on Conservation of North Pacific Fur Seals, Washington, 

1957 1581 

Protocol, Washington, 1963 1588 

Amendment, Washington, 1969 1591 

Protocol, Washington, 1976 1595 

Protocol, Washington, 1980 1599 

Protocol, Washington, 1984 1601 

Agreement on the Conservation of Polar Bears, Oslo, 1973 1604 

Agreement on the Conservation of Seals in the Wadden Sea, Bonn, 1990 1607 

Agreement on the Conservation of Small Cetaceans of the Baltic and North 

Seas, New York, 1992 1612 

Agreement on Cooperation in Research, Conservation and Management of 

Marine Mammals in the North Atlantic, Nuuk, 1992 1618 



MARINE POLLUTION 1621 

(See also Environment and Natural Resources and Other) 

Convention on the Intergovernmental Maritime Consultative Organization, 

Geneva, 1948 1623 

Amendments, London, 1964 1637 

Amendment, Paris, 1965 1639 

Amendments, London, 1974 1641 

Amendments, London, 1975 1644 

Amendments, London, 1977 1652 

Amendments, London, 1979 1659 

The International Convention for the Prevention of Pollution of the Sea by Oil, 

London, 1954 1661 

Amendments, London, 1962 1672 

Amendments, London, 1969 1682 

Amendments Concerning the Protection of the Great Barrier Reef, 

London, 1971 1691 



The Marine Mammal Commission Compendium 



Amendments Concerning Tank Arrangements and Limitation of Tank 

Size, London, 1971 1693 

Agreement Concerning Co-operation to Ensure Compliance with the Regulations 

for Preventing the Pollution of the Sea by Oil, Copenhagen, 1967 1698 

International Convention on Civil Liability for Oil Pollution Damage, Brussels, 

1969 1700 

Protocol, London, 1976 1707 

Protocol, London, 1984 1711 

Protocol, London, 1992 1721 

Agreement for Co-operation in Dealing with Pollution of the North Sea by Oil, 

Bonn, 1969 1732 

International Convention Relating to Intervention on the High Seas in Cases of 

Oil Pollution Casualties, Brussels, 1969 1736 

Protocol Relating to Intervention on the High Seas in Cases of Pollution 

by Substances Other Than Oil, London, 1973 1745 

Convention Relating to Civil Liability in the Field of Maritime Carriage of 

Nuclear Material, Brussels, 1971 1752 

International Convention on the Establishment of an International Fund for 

Compensation for Oil Pollution Damage, Brussels, 1971 1756 

Protocol, London, 1976 1774 

Protocol, London, 1984 1778 

Protocol, London, 1992 1792 

Convention for the Prevention of Marine Pollution by Dumping from Ships and 

Aircraft, Oslo, 1972 1808 

Convention on the Prevention of Marine Pollution by Dumping of Wastes and 

Other Matter, London, Mexico City, Moscow, and Washington, 1972 1814 

Amendments, London, 1978 1825 

Amendment, London, 1980 1830 

Amendment, London, 1989 1832 

International Convention for the Prevention of Pollution from Ships, London, 

1973 1834 

Annex I — Regulations for the Prevention of Pollution by Oil 1848 

Annex II — Regulations for the Control of Pollution by Noxious Liquid 

■ , Substances in Bulk 1881 

Annex III — Regulations for the Prevention of Pollution by Harmful 

Substances Carried by Sea in Packaged Forms, or in Freight 

Containers, Portable Tanks or Road and Rail Tank Wagons 1903 

Annex IV — Regulations for the Prevention of Pollution by Sewage from 

Ships 1905 

Annex V — Regulations for the Prevention of Pollution by Garbage from 

Ships 1912 

Protocol, London, 1978 1916 

Amendments to the Annex of the Protocol of 1978, London, 1984 1939 

Amendments to the Annex of the Protocol of 1978, London, 1985 1972 

Amendments to the Annex of the Protocol of 1978, London, 1985 1974 



Table of Contents 



Amendments to the Annex of the Protocol of 1978, London, 1987 2012 

Amendments to the Annex of the Protocol of 1978, London, 1989 2014 

Amendments to the Annex of the Protocol of 1978, London, 1989 2028 

Amendments to the Annex of the Protocol of 1978, London, 1990 2029 

Amendments to the Annex of the Protocol of 1978, London, 1990 2044 

Amendments to the Annex of the Protocol of 1978, London, 1991 2046 

Amendments to the Annex of the Protocol of 1978, London, 1991 2073 

Amendments to the Annex of the Protocol of 1978, London, 1992 2074 

Amendments to the Annex of the Protocol of 1978, London, 1992 2082 

Convention on the Protection of the Marine Environment of the Baltic Sea Area, 

Helsinki, 1974 2085 

Convention for the Prevention of Marine Pollution from Land-Based Sources, 

Paris, 1974 2131 

Protocol, Paris, 1986 2143 

Convention for the Protection of the Mediterranean Sea Against Pollution, 

Barcelona, 1976 2145 

Protocol for the Prevention of Pollution of the Mediterranean Sea by 

Dumping from Ships and Aircraft, Barcelona, 1976 2157 

Protocol Concerning Co-operation in Combating Pollution of the 

Mediterranean Sea by Oil and Other Harmful Substances in Cases of 

Emergency, Barcelona, 1976 2164 

Protocol for the Protection of the Mediterranean Sea Against Pollution 

from Land-Based Sources, Athens, 1980 2169 

Protocol Concerning Mediterranean Specially Protected Areas, Geneva, 

1982 2179 

Convention on Civil Liability for Oil Pollution Damage Resulting from 

Exploration for and Exploitation of Seabed Mineral Resources, London, 1977 . . . 2185 

Kuwait Regional Convention for Co-operation on the Protection of the Marine 

Environment from Pollution, Kuwait, 1978 2194 

Protocol Concerning Regional Co-operation in Combating Pollution by 
Oil and Other Harmful Substances in Cases of Emergency, Kuwait, 
1978 2206 

Convention for Co-operation in the Protection and Development of the Marine 
and Coastal Environment of the West and Central African Region, Abidjan, 

1981 2213 

Protocol Concerning Co-operation in Combating Pollution in Cases of 

Emergency, Abidjan, 1981 2222 

Convention for the Protection of the Marine Environment and Coastal Area of 

the South-East Pacific, Lima, 1981 2227 

Protocol for the Protection of the South-East Pacific Against Pollution 

from Land-Based Sources, Quito, 1983 2234 

Protocol for the Protection of the South East Pacific Against Radioactive 

Contamination, Paipa, 1989 2243 

Protocol for the Conservation and Management of Protected Marine and 

Coastal Areas of the South-East Pacific, Paipa, 1989 2248 



The Marine Mammal Commission Compendium 



Agreement on Regional Co-operation in Combating Pollution of the South-East 
Pacific by Hydrocarbons or Other Harmful Substances in Cases of Emergency, 

Lima, 1981 2254 

Supplementary Protocol, Quito, 1983 2259 

Memorandum of Understanding on Port State Control, Paris, 1982 2263 

Regional Convention for the Conservation of the Red Sea and Gulf of Aden 

Environment, Jeddah, 1982 2282 

Protocol Concerning Regional Co-operation in Combating Pollution by 
Oil and Other Harmful Substances in Cases of Emergency, Jeddah, 
1982 2293 

Convention for the Protection and Development of the Marine Environment of 

the Wider Caribbean Region, Cartagena de Indias, 1983 2299 

Protocol Concerning Co-operation in Combating Oil Spills in the Wider 

Caribbean Region, Cartagena de Indias, 1983 2311 

Protocol Concerning Specially Protected Areas and Wildhfe, Kingston, 

1990 and 1991 2316 



Volume III 



MARINE POLLUTION (continued) 2343 

(See also Environment and Natural Resources and Other) 

Agreement for Co-operation in Dealing wdth Pollution of the North Sea by Oil 

and Other Harmful Substances, Bonn, 1983 2345 

Convention for the Protection, Management and Development of the Marine and 

Coastal Environment of the Eastern African Region, Nairobi, 1985 2352 

Protocol Concerning Protected Areas and Wild Fauna and Flora in the 

Eastern African Region, Nairobi, 1985 2364 

Protocol Concerning Co-operation in Combating Marine Pollution in 

Cases of Emergency in the Eastern African Region, Nairobi, 1985 2375 

Convention for the Protection of the Natural Resources and Environment of the 

South Pacific Region, Noumea, 1986 2382 

Protocol for the Prevention of Pollution of the South Pacific Region by 

Dumping, Noumea, 1986 2397 

Protocol Concerning Co-operation in Combating Pollution Emergencies 

in the South Pacific Region, Noumea, 1986 2406 

Basel Convention on the Control of Transboundary Movements of Hazardous 

Wastes and Their Disposal, Basel, 1989 : • • • • ■.••,•• - •. 2411 

International Convention on Salvage, London, 1989 2436 

Accord of Cooperation for the Protection of the Coasts and Waters of the 

Northeast Atlantic Against Pollution Due to Hydrocarbons or Other Harmful 
Substances, Lisbon, 1990 2447 



Table of Contents 



International Convention on Oil Pollution Preparedness, Response and 

Co-operation, London, 1990 2455 

Bamako Convention on the Ban of the Import into Africa and the Control of 
Transboundary Movement and Management of Hazardous Wastes Within 
Africa, Bamako, 1991 2466 

Convention on the Protection of the Marine Environment of the Baltic Sea Area, 

Helsinki, 1992 2493 

Convention on the Protection of the Black Sea Against Pollution, Bucharest, 1992 . . 2523 
Protocol on Protection of the Black Sea Marine Environment Against 

Pollution from Land Based Sources, Bucharest, 1992 2533 

Protocol on Cooperation in Combating Pollution of the Black Sea Marine 

Environment by Oil and Other Harmful Substances in Emergency 

Situations, Bucharest, 1992 2538 

Protocol on the Protection of the Black Sea Marine Environment Against 

Pollution by Dumping, Bucharest, 1992 2541 

Convention for the Protection of the Marine Environment of the North-East 

Atlantic, Paris, 1992 2545 



MARINE SCIENCE AND EXPLORATION 2569 

(See also Environment and Natural Resources and Marine Pollution) 

Statutes of the Intergovernmental Oceanographic Commission, Paris, 1960, as 

Revised, Paris, 1970, and Amended, Paris, 1987 2571 

Convention for the International Council for the Exploration of the Sea, 

Copenhagen, 1964 2576 

Protocol, Copenhagen, 1970 2581 

Convention on the International Hydrographic Organisation, Monaco, 1967 2582 

Amendments, Monaco, 1987 2599 

Agreement Relating to the Conduct of a Joint Programme of Marine 

Geoscientific Research and Mineral Resource Studies of the South Pacific 

Region, Washington, 1984 2601 

Agreement Concerning the Continuation of Marine Greoscientific 

Research and Mineral Resource Studies in the South Pacific Region, 
Washington, 1990 2616 

Agreement Concerning Interim Arrangements Relating to Polymetallic Nodules 

of the Deep Sea Bed, Washington, 1982 2620 

Provisional Understanding Regarding Deep Seabed Matters, Geneva, 1984 2626 

Convention for a North Pacific Marine Science Organization (PICES), Ottawa, 

1990 2634 

Memorandum of Understanding on the Avoidance of Overlaps and Conflicts 

Relating to Deep Seabed Areas, New York, 1991 2640 



The Marine Mammal Commission Compendium 



Memorandum of Understanding on the Avoidance of Overlaps and Conflicts 

RelatingtoDeepSea-BedAreas, New York, 1991 2657 

NON-BINDING DOCUMENTS 2669 

Founding Articles for an International Arctic Science Committee, Resolute Bay, 

1990 2671 



OTHER 2677 

The Greneral Agreement on Tariffs and Trade, Geneva, 1947, as Amended 2679 

Protocol of Provisional AppUcation, Greneva, 1947 2726 

Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and 

Under Water, Moscow, 1963 2727 

Treaty for the Prohibition of Nuclear Weapons in Latin America, Mexico City, 

1967 2730 

Additional Protocol I, Mexico City, 1967 2743 

Additional Protocol II, Mexico City, 1967 2744 

Treaty on the Prohibition of the Emplacement of Nuclear Weapons and Other 
Weapons of Mass Destruction on the Seabed and the Ocean Floor and in the 

Subsoil Thereof, Washington, London, and Moscow, 1971 2745 

Convention on the Prohibition of MiHtary or Any Other Hostile Use of 

Environmental Modification Techniques, Geneva, 1977 2749 

South Pacific Nuclear Free Zone Treaty, Raratonga, 1985 2753 

Protocol I, Raratonga, 1986 2763 

Protocol II, Raratonga, 1986 2765 

Protocol III, Raratonga, 1986 2767 



I5TLATKRAI. 1)()C: UMKNTS INVOLVING 



AUSTRALIA 2769 

Fisheries 2769 

Agreement Concerning Fishing by United States Vessels in Waters 
Surrounding Christmas Island and Cocos/Keeling Islands Pursuant to 
the Treaty on Fisheries Between the United States and Certain 
Pacific Island States, Port Moresby, 1987 2771 



Table of Contents 



BOLIVIA 2773 

Environment and Natural Resources 2773 

Agreement Concerning the Establishment of an Enterprise for the 
Americas Environmental Account at the National Fund for the 
Environment, Washington, 1991 2775 



BRAZIL 2783 

Environment and Natural Resources 2783 

Memorandum of Understanding Between the Environmental Protection 
Agency of the United States of America and the Secretariat of the 
Environment of the Presidency of the Federative Republic of Brazil 
with the Brazilian Institute of Environment and Renewable Natural 
Resources, Washington, 1990 2785 



CANADA 2789 

Environment and Natural Resources 2789 

Convention for the Protection of Migratory Birds, Washington, 1916 2791 

Protocol, Ottawa, 1979 2794 

Memorandum of Intent Concerning Transboundary Air Pollution, 

Washington, 1980 2796 

Agreement on the Conservation of the Porcupine Caribou Herd, Ottawa, 

1987 2802 

Agreement on Arctic Cooperation, Ottawa, 1988 2807 

Agreement on Air Quality, Ottawa, 1991 2809 

Fisheries 2821 

Convention Respecting Fisheries, Boundary, and Restoration of Slaves, 

London, 1818 2823 

Agreement Adopting, with Certain Modifications, the Rules and Method 

of Procedure Recommended in the Award of September 7, 1910, of the 

North Atlantic Coast Fisheries Arbitration, Washington, 1912 2826 

Convention for the Extension of Port Privileges to Halibut Fishing 

Vessels on the Pacific Coasts of the United States of America and 

Canada, Ottawa, 1950 2829 

Convention for the Preservation of the Halibut Fishery of the Northern 

Pacific Ocean and Bering Sea, Ottawa, 1953 2831 

Protocol, Washington, 1979 2834 

Convention on Great Leikes Fisheries, Washington, 1954 2841 

Amendment, Ottawa, 1966-1967 2845 

Treaty on Pacific Coast Albacore Tuna Vessels and Port Privileges, 

Washington, 1981 2847 

Treaty Concerning Pacific Salmon, Ottawa, 1985 2851 

Agreement on Fisheries Enforcement, Ottawa, 1990 2870 



The Marine Mammal Commission Compendium 



Marine and Freshwater Pollution 2873 

Agreement Relating to the Establishment of a Canada-United States 
Committee on Water Quality in the St. John River and Its Tributary 
Rivers and Streams Which Cross the Canada-United States 

Boundary, Ottawa, 1972 2875 

Amendment, Ottawa, 1984 2878 

Agreement Relating to the Establishment of Joint Pollution Contingency 

PlansforSpillsofOilandOtherNoxiousSubstances, Ottawa, 1974 .... 2881 

Amendment, Ottawa, 1977 2883 

Amendment, Ottawa, 1982 2885 

Agreement on Great Lakes Water Quality, Ottawa, 1978 2887 

Amendments, Halifax, 1983 2925 

Protocol, Toledo, 1987 2930 

Memorandum of Understanding Between the Environmental Protection 
Agency of the United States of America and the Department of the 
Environment of the Government of Canada Regarding Accidental and 
Unauthorized Discharges of Pollutants Along the Inland Boimdary, 

Ottawa, 1985 2946 

Agreement Concerning the Transboundary Movement of Hazardous 

'■' Waste, Ottawa, 1986 2952 

Amendment, Washington, 1992 2957 

Other 2959 

Treaty on Boundary Waters, Washington, 1909 2961 



CHILE 2967 

Environment and Natural Resources 2967 

Agreement Concerning the Establishment of an Enterprise for the 
Americas Environmental Fund and Environmental Board, Santiago, 
1992 2969 

Marine Science and Exploration 2975 

Agreement Between the Hydrographic Institute of the Navy of Chile and 
the National Science Foundation Regarding the Marine Scientific 
ResearchActivitiesofthelWHero, Santiago, 1983 2977 



CHINA, PEOPLE'S REPUBLIC OF 2979 

Fisheries 2979 

Agreement Concerning Fisheries off the Coasts of the United States, 

Washington, 1985 2981 

Amendment, Washington, 1987 2991 

Amendment, Washington, 1990 2993 



Table of Contents 



COLOMBIA 2997 

Fisheries 2997 

Agreement on Certain Fishing Rights, Bogota, 1983 2999 

NON-BINDING DOCUMENT 3001 

Joint Statement Regarding Fisheries Conservation Measures in the 

Treaty Waters Adjacent to Quita Sueno, Washington, 1989 3003 

Other 3007 

Treaty Concerning the Status of Quita Sueno, Roncador and Serrana, 

Bogota, 1972 3009 



ECUADOR 3017 

Marine Science and Exploration 3017 

Cooperative Scientific and Technical Project for Joint Oceanographic 

Research, Quito, 1983 3019 



ESTONIA 3023 

Fisheries 3023 

Agreement Concerning Fisheries off the Coasts of the United States, 

Washington, 1992 3025 

EUROPEAN ECONOMIC COMMUNITY 3033 

Fisheries 3033 

Agreement Concerning Fisheries off the Coasts of the United States, 

Washington, 1984 3035 

Amendment, Brussels, 1988-1989 3044 

Amendment, Washington and Brussels, 1991 3048 

FRANCE 3053 

Fisheries 3053 

Agreement on Matters Relating to Fishing in the Economic Zones of the 
French Overseas Territories of New Caledonia and Walhs and Futuna 

Islands, Washington, 1991 3055 



The Marine Mammal Commission Compendium 



GERMANY, FEDERAL REPUBLIC OF 3057 

Environment and Natural Resources 3057 

Agreement on Cooperation in Environmental Affairs, Bonn, 1974 3059 

Amendment, Bonn, 1985 3063 



ICELAND 3067 

Fisheries 3067 

Agreement Concerning Fisheries off the Coasts of the United States, 

Washington, 1984 3069 

Amendment, Reykjavik, 1988-1989 3078 

Amendment, Washington, 1991 3081 

Marine Mammals 3085 

Agreement Concerning Icelandic Whahng for Scientific Purposes, 

Washington, 1987 3087 



ISRAEL 3091 

Environment and Natural Resources 3091 

Memorandum of Understanding Between the Environmental Protection 
Agency of the United States of America and the Ministry of the 
Environment of Israel Concerning Cooperation in the Field of 
Environmental Protection, Jerusalem, 1991 3093 

Marine Science and Exploration 3099 

Memorandum of Understanding Between the National Oceanic and 
Atmospheric Administration of the Department of Commerce of the 
United States of America and the Israel Oceanographic and 
Limnological Research of Israel Covering Marine and Freshwater 
Scientific and Technical Cooperation, Jerusalem, 1989 3101 



ITALY 3107 

Environment and Natural Resources 3107 

Memorandum of Understanding Between the Environmental Protection 
Agency of the United States of America and the Ministry of the 
Environment of Italy Concerning Cooperation in the Field of 
Environmental Protection, Rome, 1987 3109 



JAMAICA 3113 

Environment and Natural Resources 3113 

Agreement Concerning the Establishment of an Enterprise for the 

Americas Environmental Foundation, Washington, 1991 3115 



Table of Contents 



JAPAN 3121 

Environment and Natural Resources 3121 

Convention for the Protection of Migratory Birds and Birds in Danger of 

Extinction and Their Environment, Tokyo, 1972 3123 

Amendments, Washington, 1974 3130 

Agreement on Cooperation in the Field of Environmental Protection, 

Washington, 1975 3135 

Amendment, Tokyo, 1980 3138 

Amendment, Tokyo, 1985 3140 

Fisheries 3143 

Agreement Regarding Squid and Large-Mesh Driftnet Fisheries, Tokyo 

and Washington, 1989 3145 

Agreement Regarding Squid amd Large-Mesh Driftnet Fisheries, Tokyo 

and Silver Spring, 1990 3163 

Agreement Regarding Squid and Large-Mesh Driftnet Fisheries, Tokyo 

and Washington, 1991 3179 

Agreement Regarding Squid and Large-Mesh Driftnet Fisheries of the 

North Pacific, Tokyo and Washington, 1992 3202 

Marine Mammals 3211 

Memorandum of Understanding Concerning the Incidental Take of Dall's 
Porpoise {Phocoenoides dalli) with Regard to the International 
Convention on High Seas Fisheries in the North Pacific Ocean, 

Washington, 1978 3213 

Agreement Concerning Commercial Sperm Whaling in the Western 

DivisionStockoftheNorthPacific, Washington, 1984 3216 



KOREA, REPUBLIC OF 3221 

Fisheries 3221 

Agreement Concerning Fisheries off the Coasts of the United States, 

Washington, 1982 3223 

Amendment, Seoul, 1987 3232 

Amendment, Washington, 1991 3236 

Agreement Regarding the Collection and Exchange of Data on Fisheries 
Harvests in the International Waters of the Bering Sea, Washington, 

1988 3240 

Agreement on the Korean Squid Driftnet Fisheries for the 1989 and 

1990 Fishing Seasons, Arlington and Washington, 1989 3242 

Agreement Regarding High Seas Driftnet Fisheries in the North Pacific 
Ocean for the 1991 Fishing Season and Period Through June 1992, 
Washington, 1991 3253 



The Marine Mammal Commission Compendium 



LITHUANIA 3265 

Fisheries 3265 

Agreement Concerning Fisheries off the Coasts of the United States, 

Washington, 1992 3267 



MEXICO 3275 

Environment and Natural Resources 3275 

Convention for the Protection of Migratory Birds emd Game Mammals, 

Mexico City, 1936 3277 

Agreement Supplementing the Convention for the Protection of 
Migratory Birds and Game Mammals, Mexico City and 

Tlatelolco, 1972 3280 

Agreement on Cooperation for the Protection and Improvement of the 

Environment in the Border Area, La Paz, 1983 3282 

Annex I — ^Agreement of Cooperation for Solution of the Border 
Sanitation Problem at San Diego, California - Tijuana, Baja 

Cahfomia, San Diego, 1985 3289 

Annex II — Agreement of Cooperation Regarding Pollution of the 
Environment Along the Inland International Boundary by 

Discharges of Hazardous Substances, San Diego, 1985 3290 

Annex III — Agreement of Cooperation Regarding the 
Transboundary Shipments of Hazardous Wastes and 

Hazardous Substances, Washington, 1986 3292 

Annex IV — Agreement of Cooperation Regarding Transboundary 
Air Pollution Caused by Copper Smelters Along Their Common 

Border, Washington, 1987 3300 

Annex V — Agreement of Cooperation Regarding International 

TransportofUrbanAirPollution, Washington, 1989 3304 

Memorandum of Understanding Between the National Park Service of 
the Department of the Interior of the United States of America and 
the Secretariat of Urban Development and Ecology on Cooperation in 
Management and Protection of National Parks and Other Protected 
Natural and Cultural Heritage Sites, Mexico City and Washington, 

1988-1989 3309 

Agreement on Cooperation for the Protection and Improvement of the 
Environment in the Metropolitan Area of Mexico City, Washington, 

1989 3314 

Memorandum of Understanding for the Exchange of Technical 

Information and for Cooperation in the Field of Air Quality Research 
Between the Department of Energy of the United States of America 
and the Mexican Petroleum Institute of the United Mexican States, 
Washington, 1990 3318 

Fisheries 3323 

Convention for the Establishment of an International Commission for 

the Scientific Investigation of Tuna, Mexico City, 1949 3325 



Table of Contents 



Marine Pollution 3331 

Agreement of Cooperation Regarding Pollution of the Marine 

Environment by Discharges of Hydrocarbons and Other Hazardous 

Substances, Mexico City, 1980 3333 

Other 3343 

Convention Touching the Boundary-line Between the Two Countries 
Where It Follows the Bed of the Rio Grande and the Rio Colorado, 

Washington, 1884 3345 

Convention on Boundary Waters, Washington, 1889 3347 

Convention on Boundary Waters, Washington, 1895 3350 

Convention on Boundary Waters, Washington, 1896 3351 

Convention on Boundary Waters, Washington, 1897 3352 

Convention on Boundary Waters, Washington, 1898 3353 

Convention on Boundary Waters, Washington, 1899 3354 

Convention on Boundary Waters, Washington, 1900 3355 

Treaty Relating to the Utilization of the Waters of the Colorado and 

Tijuana Rivers and of the Rio Grande, Washington, 1944 3356 

Protocol, Washington, 1944 3373 

Agreement on Boundary Waters, Tlatelolco and Mexico City, 1976 3375 



THE NETHERLANDS 3379 

Environment and Natural Resources 3379 

Memorandum of Understanding Between the Environmental Protection 
Agency of the United States of America and the Ministry of Housing, 
Physical Planning, and Environment of The Netherlands, Paris, 1985 . . . 3381 



NEW ZEALAND 3385 

Antarctica 3385 

Agreement Relating to Cooperation in Scientific and Logistical 

Operations in Antarctica, Wellington, 1958 3387 

Extension, Welhngton, 1960 3392 



PANAMA 3395 

Environment and Natural Resources 3395 

Agreement Pursuant to Article VI of the Convention on Nature 
Protection and Wildlife Preservation in the Western Hemisphere, 
Washington, 1977 3397 



The Marine Mammal Commission Compendium 



PAPUA NEW GUINEA 3399 

Fisheries 3399 

Agreement Concerning Fishing by United States Vessels in Papua New 
Guinea's Archipelagic Waters Pursuant to the Treaty on Fisheries 
Between the United States and Certain Pacific Island States, Waigani 
and Port Moresby, 1987 3401 



POLAND 3405 

Fisheries 3405 

Agreement Concerning Fisheries off the Coasts of the United States, 

Washington, 1985 3407 

Amendment, Washington, 1991 3421 



RUSSIA 

(See Union of Soviet Socialist Republics) 



TAIWAN 3427 

Fisheries 3427 

Agreement Between the American Institute in Taiwan and the 
Coordination Council for North American Affairs Regarding High 

Seas Driftnet Fishing in the North Pacific Ocean, Arlington, 1989 3429 

Agreement Between the American Institute in Taiwan and the 
Coordination Council for North American Affairs Regarding High 
Seas Driftnet Fishing in the North Pacific Ocean, Arlington and 
Washington, 1991 3436 

Marine Pollution 3449 

Agreement Between the American Institute in Taiwan and the 
Coordination Council for North American Affairs Regarding 
Compliance with the 1978 Protocol to the 1973 International 
Convention for the Prevention of Pollution from Ships, Arlington and 
Bethesda, 1985 3451 



TUNISIA 3453 

Marine Science and Exploration 3453 

Agreement Relating to the Establishment and Operation of a 

Mediterranean Marine Sorting Center in Tunisia, Tunis, 1966 3455 



Table of Contents 



TURKEY 3459 

Environment and NaturaJ Resources 3459 

Memorandum of Understanding Between the Environmental Protection 
Agency of the United States of America and the Ministry of 
Environment of the Repubhc of Turkey Concerning Technical 
Cooperationin the Field of Environmenteil Protection, Ankara, 1991 . . . . 3461 



UKRAINE 3465 

Environment and Natural Resources 3465 

Agreement on Cooperation in the Field of Environmental Protection, 

Washington, 1992 3467 



UNION OF SOVIET SOCIALIST REPUBLICS 3471 

Environment and Natural Resources 3471 

Agreement on Cooperation in the Field of Environmental Protection, 

Moscow, 1972 3473 

Convention Concerning the Conservation of Migratory Birds and Their 

Environment, Moscow, 1976 3476 

Fisheries 3487 

Convention Regarding Navigation, Fishing, and Trading on the Pacific 
Ocean and Along the Northwest Coast of America, St. Petersburg, 

1824 3489 

Agreement Relating to the Consideration of Claims Resulting from 
Damage to Fishing Vessels or Gear and Measures to Prevent Fishing 

Conflicts, Moscow, 1973 3491 

Protocol, Moscow, 1973 3498 

Protocol, Copenhagen, 1973 3500 

Amendment, Washington, 1975 3504 

Agreement on Mutual Fisheries Relations, Moscow, 1988 3508 

Marine Pollution 3515 

Agreement Concerning Cooperation in Combatting Pollution in the 
Bering and Chukchi Seas in Emergency Situations, with Joint 
Contingency Plan Against Pollution in the Bering and Chukchi Seas, 
Moscow and London, 1989 3517 

Marine Science and Exploration 3529 

Agreement on Cooperation on Ocean Studies, Washington, 1990 3531 



xxiv The Marine Mammal Commission Compendium 



UNITED KINGDOM 3537 

Environment and Natural Resources 3537 

Memorandum of Understanding Between the Environmental Protection 
Agency of the United States of America and the Department of the 
Environment of the United Kingdom of Great Britain and Northern 
Ireland Concerning Co-operation in the Field of Environmental 
Affairs, Washington, 1986 3539 

Fisheries 3543 

Reciprocal Fisheries Agreement, London, 1979 3545 



Abbreviations and Citations 



The following list identifies abbreviations and citations used to indicate primary 
sources of documents in the Compendium: 



Bevans 

Cmnd. 

ETS 
ILM 
LNTS 
TIAS 

TS 

UNTS 

UST 



Treaties and Other International 
Agreements of the United States of 
America 1776-1949 

"Command Papers" of the 
Government of the United Kingdom 

European Treaty Series 

International Legal Materials 

League of Nations Treaty Series 

United States Treaties and Other 
International Acts Series 

United States Treaty Series 

United Nations Treaty Series 

United States Treaties and Other 
International Agreements 



M U L T I L A T E R A L 



Fisheries 



1121 



Constitution of the Food and 

Agriculture Organization of the 

United Nations, Quebec, 1945 



Done at Quebec 16 October 1945 

Entered into force 16 October 1945 

Primary source citation: 12 UST 980, TIAS 4803 

CONSTITUTIO Niii 

FOOD AND AGRICULTURE ORGANIZATION 
OF THE UNITED NATIONS 

Preamble 

The Nations accepting this Constitution, being determined to promote the common welfare by furthering 
separate and collective action on their part for the purposes of: 

raising levels of nutrition and standards of living of the peoples under their respective jurisdictions; 

securing improvements in the efficiency of the production and distribution of all food and agricultural products; 

bettering the condition of rural populations; 

and thus contributing toward an expanding world economy; 

hereby establish the Food and Agriculture Organization of the United Nations, hereinafter referred to as the 
"Organization," through which the Members will report to one another on the measures taken and the progress 
achieved in the fields of action set forth above. 



1 This composite text of the constitution of the Food and Agriculture Organization of the United Nations, as amended, certified at Rome 19 
November 1958, includes the amendments adopted at the following Sessions by the Conference of the Food and Agriculture Organization of the United 
Nations: Second, held at Copenhagen. 2-13 September 1946; Third, at Geneva, 2,5 August-11 September 1947; Fifth and Special, at Washington, 21 
November-6 December 1949, and 3-11 November 1950; and Sixth through Ninth, at Rome, 19 November-€ December 1951, 23 November-11 December 
1953, 4^25 November 1955, and 2-23 November 1957. Footnote added by the U.S. Department of State. 



1123 



1124 The Marine Mammal Commission Compendium 

Article I "'' ' ''■■■■■■ ''■--■' '•■'-:■''■-■' ■-■■■■•■■■■ 

Functions of the Organization 

1. The Organization shall collect, analyze, interpret and disseminate information relating to nutrition, food 
and agriculture. In this Constitution, the term "agriculture" and its derivatives include fisheries, marine products, 
forestry and primary forestry products. 

2. The Organization shall promote and, where appropriate, shall recommend national and international 
action with respect to: 

(a) scientific, technological, social and economic research relating to nutrition, food and agriculture; 

(b) the improvement of education and administration relating to nutrition, food, and agriculture, and the 
spread of public knowledge of nutritional and agricultural science and practice; 

(c) the conservation of natural resources and the adoption of improved methods of agricultural production; 

(d) the improvement of the processing, marketing, and distribution of food and agricultural products; 

(e) the adoption of policies for the provision of adequate agricultural credit, national and international; 

(f) the adoption of international policies with respect to agricultural commodity arrangements. 

3. It shall also be the function of the Organization: 

(a) to furnish such technical assistance as governments may request; 

(b) to organize, in co-operation with the governments concerned, such missions as may be needed to assist 
them to fulfil the obligations arising from their acceptance of the recommendations of the United Nations 
Conference on Food and Agriculture and of this Constitution; and 

(c) generally to take all necessary and appropriate action to implement the purposes of the Organization 
as set forth in the Preamble. 

Article II 
Membership and Associate Membership 

1. The original Member Nations of the Organization shall be such of the nations specified in Annex I as 
accept this Constitution, in accordance with the provisions of Article XXI. 

2. The Conference may by a two-thirds majority of the votes cast, provided that a majority of the Member 
Nations of the Organization is present, decide to admit as an additional Member of the Organization any nation 
which has submitted an application for membership and a declaration made in a formal instrument that it will accept 
the obligations of the Constitution as in force at the time of admission. 

3. The Conference may, under the same conditions regarding the required majority and quorum as 
prescribed in paragraph 2 above, decide to admit as an Associate Member of the Organization any territory or group 
of territories which is not responsible for the conduct of its international relations upon application made on its behalf 
by the Member Nation or authority having responsibility for its international relations, provided that such Member 
Nation or authority has submitted a declaration made in a formal instrument that it will accept on behalf of the 
proposed Associate Member the obligations of the Constitution as in force at the time of admission, and that it will 
assume responsibility for ensuring the observance of the provisions of paragraph 4 of Article VIII, paragraphs 1 and 
2 of Article XVI, and paragraphs 2 and 3 of Article XVIII of this Constitution with regard to the Associate Member. 

4. The nature and extent of the rights and obligations of Associate Members are defined in the relevant 
provisions of this Constitution and the Rules and Regulations of the Organization. 



Multilateral / Fisheries 1125 



5. Membership and Associate Membership shall become effective on the date on which the Conference 
approves the application. 

Article III 
The Conference 

1. There shall be a Conference of the Organization in which each Member Nation and Associate Member 
shall be represented by one delegate. Associate Members shall have the right to participate in the deliberations of 
the Conference but shall not hold office nor have the right to vote. 

2. Each Member Nation and Associate Member may appoint an alternate, associates, and advisers to its 
delegate. The Conference may determine the conditions for the participation of alternates, associates, and advisers 
in its proceedings, but any such participation shall be wdthout the right to vote except in the case of an alternate, 
associate, or adviser participating in the place of a delegate. 

3. No delegate may represent more than one Member Nation or Associate Member. 

4. Each Member Nation shall have only one vote. A Member Nation which is in arrears in the payment of 
its financial contributions to the Organization shall have no vote in the Conference if the amount of its arrears equals 
or exceeds the amount of the contributions due from it for the two preceding financial [^] years. The Conference may, 
nevertheless, permit such a Member Nation to vote if it is satisfied that the failure to pay is due to conditions beyond 
the control of the Member Nation. 

5. The Conference may invite any international organization which has responsibilities related to those of 
the Organization to be represented at its meetings on the conditions prescribed by the Conference. No representative 
of such an organization shall have the right to vote. 

6. The Conference shall meet once in every two years in regular session. It may meet in special session: 

(a) if at any regular session the Conference decides, by a majority of the votes cast, to meet in the following yeeu-; 

(b) if the Council so instructs the Director-General, or if at least one third of the Member Nations so request. 

7. The Conference shall elect its own officers. 

8. Except as otherwise expressly provided in this Constitution or by rules made by the Conference, all 
decisions of the Conference shall be taken by a majority of the votes cast. 

Article IV 
Functions of the Conference 

1. The Conference shall determine the policy and approve the budget of the Organization and shall exercise 
the other powers conferred upon it by this Constitution. 

2. The Conference shall adopt Rules of Procedure and Financial Regulations for the Organization. 

3. The Conference may, by a two-thirds majority of the votes cast, make recommendations to Member 
Nations and Associate Members concerning questions relating to food and agriculture, for consideration by them with 
a view to implementation by national action. 

4. The Conference may make recommendations to any international organization regarding any matter 
pertaining to the purposes of the Organization. 



Should read "calendar", according to the Director-General'8 corrigendum. Footnote added by the U.S. Department of State. 



1126 The Marine Mammal Commission Compendium 



5. The Conference may review any decision taken by the Council or by any commission or committee of the 
Conference or Council, or by any subsidiary body of such commissions or committees. 

Article V 
Council of the Organization 

1. A Council of the Organization consisting of 24 Member Nations shall be elected by the Conference. Each 
Member Nation on the Council shall have one representative and shall have only one vote. Each Member of the 
Council may appoint an alternate, associates and advisers to its representative. The Council may determine the 
conditions for the participation of alternates, associates and advisers in its proceedings, but any such participation 
shall be without the right to vote, except in the case of an alternate, associate or adviser participating in the place of 
a representative. No representative may represent more than one Member of the Council. The tenure and other 
conditions of office of the Members of the Council shall be subject to rules made by the Conference. 

2. The Conference shall, in addition, appoint an independent Chairman of the Council. 

3. The Council shall have such powers as the Conference may delegate to it, but the Conference shall not 
delegate the powers set forth in paragraphs 2 and 3 of Article II, Article IV, paragraph 1 of Article VII, Article XII, 
paragraph 4 of Article XIII, paragraphs 1 and 6 of Article XIV and Article XX of this Constitution. 

4. The Council shall appoint its officers other than the Chairman and, subject to any decisions of the 
Conference, shall adopt its own rules of procedure. 

5. Except as otherwise expressly provided in this Constitution or by rules made by the Conference or Council, 
all decisions of the Council shall be taken by a majority of the votes cast. 

6. Ta assist the Council in performing its functions, the Council shall appoint a Program Committee, a 
Finance Committee, a Committee on Commodity Problems and a Committee on Constitutional and Legal Matters. 
These committees shall report to the Council and their composition and terms of reference shall be governed by rules 
adopted by the Conference. 

Article VI 
Commissions, Committees, Conferences, Working Parties and Consultations 

1. The Conference or Council may establish commissions, the membership of which shall be open to all 
Member Nations and Associate Members, or regional commissions open to all Member Nations and Associate 
Members whose territories are situated wholly or in part in one or more regions, to advise on the formulation and 
implementation of policy and to coordinate the implementation of policy. 

2. The Conference, the Council, or the Director-General on the authority of the Conference or Council, may 
establish committees and working parties to study and report on matters pertaining to the purpose of the Organization 
and consisting either of selected Member Nations and Associate Members or of individuals appointed in their personal 
capacity because of their special competence in technical matters. Such individuals shall be designated either by the 
Conference, the Council, selected Member Nations or Associate Members or by the Director-General, as decided by 
the establishing authority. 

3. The Conference, the Council, or the Director-General on the authority of the Conference or Council, shall 
determine the terms of reference and reporting procedures, as appropriate, of commissions, committees and working 
parties so established. Such commissions and committees may adopt their own rules of procedure, [^] which shall 
come into force upon approval by the Director-General, subject to confirmation by the Conference or Council, 
as appropriate. 



Should read 'rules of procedure and amendments thereto," according to the Director-General's corrigendum. Footnote added by the U.S. 
Department of State. 



Multilateral / Fisheries 1127 



4. The Director-General may establish, in consultation with Member Nations, Associate Members and 
National FAO Committees, panels of experts, with a view to developing consultation with leading technicians in the 
various fields of activity of the Organization. The Director-General may convene meetings of some or all of these 
experts for consultation on specific subjects. 

5. The Conference, the Council, or the Director-General on the authority of the Conference or Council, may 
convene general, regional, technical or other conferences, or working parties or consultations of Member Nations and 
Associate Members, laying down their terms of reference and reporting procedures, and may provide for participation 
in such conferences, working parties and consultations, in such manner as they may determine, of national and 
international bodies concerned with nutrition, food and agriculture. 

6. When the Director-General is satisfied that urgent action is required, he may establish the committees 
and working parties and convene the conferences, working parties and consultations provided for in paragraphs 2 
and 5 above. Such action shall be notified by the Director-General to Member Nations and Associate Members and 
reported to the following session of the Council. 

7. Associate Members included in the membership of the commissions, committees or working parties, or 
attending the conferences, working parties or consultations referred to in paragraphs 1, 2 and 5 above, shall have 
the right to participate in the deliberations of such commissions, committees, conferences, working parties and 
consultations, but shall not hold office nor have the right to vote. 

Article VII 
The Director-General 

1. There shall be a Director-General of the Organization who shall be appointed by the Conference by such 
procedure and on such terms as it may determine. 

2. Subject to the general supervision of the Conference and the Council, the Director-General shall have 
full power and authority to direct the work of the Organization. 

3. The Director-General or a representative designated by him shall participate, without the right to vote, 
in all meetings of the Conference and of the Council and shall formulate for consideration by the Conference and the 
Council proposals for appropriate action in regard to matters coming before them. 

Article VIII 
Staff 

1. The staff of the Organization shall be appointed by the Director-General in accordance with such 
procedure as may be determined by rules made by the Conference. 

2. The staff of the Organization shall be responsible to the Director-General. Their responsibilities shall be 
exclusively international in character and they shall not seek or receive instructions in regard to the discharge thereof 
from any authority external to the Organization. The Member Nations and Associate Members undertake fully to 
respect the international character of the responsibilities of the staff and not to seek to influence any of their nationals 
in the discharge of such responsibilities. 

3. In appointing the staff the Director-General shall, subject to the paramount importance of securing the 
highest standards of efficiency and of technical competence, pay due regard to the importance of selecting personnel 
recruited on as wide a geographical basis as is possible. 

4. Each Member Nation and Associate Member undertakes, insofar as it may be possible under its 
constitutional procedure, to accord to the Director-General and senior staff diplomatic privileges and immunities and 
to accord to other members of the staff all facilities and immunities accorded to nondiplomatic personnel attached to 
diplomatic missions, or alternatively to accord to such other members of the staff the immunities and facilities which 
may hereafter be accorded to equivalent members of the staffs of other public international organizations. 



]^128 The Marine Mammal Commission Compendium 

ArticleIX ..■■-..:■':-■:■-':'' 

';■' "'-:., Seat . ' ;':'"'."" /;" 

The seat of the Organization shall be determined by the Conference. 

Article X 
Regional and Liaison Offices 

1. There shall be such regional offices as the Director-General with the approval of the Conference may 
decide. 

2. The Director-General may appoint officials for liaison with particular countries or areas, subject to the 
agreement of the government concerned. 

Article XI 
Reports by Member Nations and Associate Members 

1. Each Member Nation and Associate Member shall communicate periodically to the Organization reports 
on the progress made toward achieving the purpose of the Organization set forth in the Preamble and on the action 
taken on the basis of recommendations made and conventions submitted by the Conference. 

2. These reports shall be made at such times and in such forms and shall contain such particulairs as the 
conference may request. 

3. The Director-General shall submit these reports, together with analyses thereof, to the Conference and 
shall publish such reports and analyses as may be approved for publication by the Conference, together with any 
reports relating thereto adopted by the Conference. 

4. The Director-General may request any Member Nation or Associate Member to submit information 
relating to the purpose of the Organization. 

5. Each Member Nation and Associate Member shall, on request, communicate to the Organization, on 
publication, all laws and regulations and official reports and statistics concerning nutrition, food and agriculture. 

Article XII 
Relations with the United Nations 

1. The Organizations [**] shall maintain relations with the United Nations as a specialized agency within 
the meaning of Article 57 of the Charter of the United Nations.^ 

2. Agreements defining the relations between the Organization and the United Nations shall be subject to 
the approval of the Conference. 



Article 57 reads as follows: "1. The various specialized agencies, established by intergovernmental agreement and having wide international 

responsibihties, as defined, in their basic instruments, in economic, social, cultural, educational, health, and related fields, shall be brought into 

relationship with the United Nations in accordance with the provisions of Article 63. 

"2. Such agencies thus brought into relationship with the United Nations are hereinafter referred to as specialized agencies." 

Article 63 reads as follows: "1. The Economic and Social Council may enter into agreements with any of the agencies referred to in Article 57, 

defining the terms on which the agency concerned shall be brought into relationship with the United Nations. Such agreements shall be subject to 

approval by the General Assembly. 

"2. It may co-ordinate the activities of the specialized agencies through consultation with and recommendations to such agencies and through 

recommendations to the General Assembly and to the Members of the United Nations." [Footnote in the certified copy.] 

Should read "Organization", according to the Director-General's corrigendum. Footnote added by the U.S. Department of State. 



Multilateral / Fisheries 1129 

Article XIII 
Co-operation with Organizations and Persons 

1. In order to provide for close cooperation between the Organization and other international organizations 
with related responsibilities, the Conference may enter into agreements with the competent authorities of such 
organizations, defining the distribution of responsibilities and methods of co-operation. 

2. The Director-General may, subject to any decision of the Conference, enter into agreements with other 
intergovernmental organizations for the maintenance of common services, for common arrangements in regard to 
recruitment, training, conditions of services, and other related matters, and for interchanges of staff. 

3. The Conference may approve arrangements placing other international organizations dealing with 
questions relating to food and agriculture under the general authority of the Organization on such terms as may be 
agreed with the competent authorities of the organization concerned. 

4. The Conference shall make rules laying down the procedure to be followed to secure proper consultation 
with governments in regard to relations between the Organization and national institutions or private persons. 

Article XIV 
Conventions and Agreements 

1. The Conference may, by a two-thirds majority of the votes cast and in conformity with rules adopted by 
the Conference, approve and submit to Member Nations conventions and agreements concerning questions relating 
to food and agriculture. 

2. The Council, under rules to be adopted by the Conference, may, by a vote concurred in by at least two thirds 
of the membership of the Council, approve and submit to Member Nations: 

(a) agreements concerning questions relating to food and agriculture which are of particular interest to 
Member Nations of geographical areas specified in such agreements and are designed to apply only to 
such areas; 

(b) supplementary conventions or agreements designed to implement any convention or agreement which 
has come into force under paragraphs 1 or 2 (a). 

3. Conventions, agreements, and supplementary conventions and agreements shall: 

(a) be submitted to the Conference or Council through the Director-General on behalf of a technical meeting 
or conference comprising Member Nations, which has assisted in drafting the convention or agreement 
and has suggested that it be submitted to Member Nations concerned for acceptance; 

(b) contain provisions concerning the Member Nations of the Organization, and such nonmember nations 
as are members of the United Nations, which may become parties thereto and the number of acceptances 
by Member Nations necessary to bring such convention, agreement, supplementary convention or 
agreement into force, and thus ensure that it will constitute a real contribution to the achievement of 
its objectives. In the case of conventions, agreements, supplementary conventions and agreements 
establishing commissions or committees, participation by nonmember nations of the Organization that 
are members of the United Nations shall in addition be subject to prior approval by at least two thirds 
of the membership of such commissions or committees; 

(c) not entail any financial obligations for Member Nations not parties to it other than their contributions 
to the Organization provided for in Article XVIII, paragraph 2, of this Constitution, 

4. Any convention, agreement, supplementary convention or agreement approved by the Conference or 
Council for submission to Member Nations shall come into force for each contracting party as the convention, 
agreement, supplementary convention or agreement may prescribe. 



1X30 The Marine Mammal Commission Compendium 



5. As regards an Associate Member, conventions, agreements, supplementary conventions and agreements 
shall be submitted to the authority having responsibiUty for the international relations of the Associate Member. 

6. The Conference shall make rules laying down the procedure to be followed to secure proper consultation 
with governments and adequate technical preparations prior to consideration by the Conference or the Council of 
proposed conventions, agreements, supplementary conventions and agreements. 

7. Two copies in the authentic language or languages of any convention, agreement, supplementary 
convention or agreement approved by the Conference or the Council shall be certified by the Chairman of the 
Conference or of the Council respectively and by the Director-General. One of these copies shall be deposited in the 
archives of the Organization. The other copy shall be transmitted to the Secretary-General of the United Nations for 
registration once the convention, agreement, supplementary convention or agreement has come into force as a result 
of action taken under this Article. In addition, the Director-General shall certify copies of those conventions, 
agreements, supplementary conventions or agreements and transmit one copy to each Member Nation of the 
Organization and to such nonmember nations as may become parties to the conventions, agreements, supplementary 
conventions or agreements. 

Article XV 
Agreements between the Organization and Member Nations 

1. The Conference may authorize the Director-General to enter into agreements with Member Nations for 
the establishment of international institutions dealing with questions relating to food and agriculture. 

2. In pursuance of a policy decision taken by the Conference by a two-thirds majority of the votes cast, the 
Director-General may negotiate and enter into such agreements with Member Nations subject to the provisions of 
paragraph 3 below. 

3. The signature of such agreements by the Director-General shall be subject to the prior approval of the 
Conference by a two-thirds majority of the votes cast. The Conference may, in a particular case or cases, delegate the 
authority of approval to the Council, requiring a vote concurred in by at least two thirds of the membership of the 
Council. 

Article XVI 
Legal Status 

1. The Organization shall have the capacity of a legal person to perform any legal act appropriate to its 
purpose which is not beyond the powers granted to it by this Constitution. 

2. Each Member Nation and Associate Member undertakes, insofar as it may be possible under its 
constitutional procedure, to accord to the Organization all the immunities and facilities which it accords to diplomatic 
missions, including inviolability of premises and archives, immunity from suit and exemptions from taxation. 

3. The Conference shall make provision for the determination by an administrative tribunal of disputes 
relating to the conditions and terms of appointment of members of the staff 

-■ ■' Article XVII 

Interpretation of Constitution and Settlement of Legal Questions 

1. Any question or dispute concerning the interpretation of this Constitution, if not settled by the Conference, 
shall be referred to the International Court of Justice in conformity with the Statute of the Court or to such other 
body as the Conference may determine. 



Multilateral / Fisheries 1131 



2. Any request by the Organization to the International Court of Justice for an advisory opinion on legal 
questions arising within the scope of its activities shall be in accordance with any agreement between the Organization 
and the United Nations. 

3. The reference of any question or dispute under this Article, or any request for an advisory opinion, shall 
be subject to procedures to be prescribed by the Conference. 

Article XVIII 
Budget and Contributions 

1. The Director-General shall submit to each regular session of the Conference the budget of the Organiza- 
tion for approval. 

2. Each Member Nation and Associate Member undertakes to contribute annually to the Organization its 
share of the budget, as apportioned by the Conference. When determining the contributions to be paid by Member 
Nations and Associate Members, the Conference shall take into account the difference in status between Member 
Nations and Associate Members. 

3. Each Member Nation and Associate Member shall, upon approval of its application, pay as its first 
contribution a proportion, to be determined by the Conference, of the budget for the current financial year.[^] 

4. The financial period of the Organization shall be the two calendar years following the normal date for 
the regular session of the Conference, unless the Conference should otherwise determine. 

Article XIX 
Withdrawal 

Any Member Nation may give notice of withdrawal from the Organization at any time after the expiration of 
four years from the date of its acceptance of this Constitution. The notice of withdrawal of an Associate Member shall 
be given by the Member Nation or authority having responsibility for its international relations. Such notice shall 
take effect one year after the date of its communication to the Director-General. The financial obligation to the 
Organization of a Member Nation which has given notice of withdrawal, or of an Associate Member on whose behalf 
notice of withdrawal has been given, shall include the entire calendar year in which the notice takes effect. 

Article XX 
Amendment of Constitution 

1. The Conference may amend this Constitution by a two-thirds majority of the votes cast, provided that 
such majority is more than one half of the Member Nations of the Organization. 

2. An amendment not involving new obligations for Member Nations or Associate Members shall take effect 
forthwith, unless the resolution by which it is adopted provides otherwise. Amendments involving new obligations 
shall take effect for each Member Nation and Associate Member accepting the amendment on acceptance by two 
thirds of the Member Nations of the Organization and thereafter for each remaining Member Nation or Associate 
Member on acceptance by it. As regards an Associate Member the acceptance of amendments involving new 
obligations shall be given on its behalf by the Member Nation or authority having responsibility for the international 
relations of the Associate Member. 



Should read "current financial period." according to the Director-General's corrigendum. Footnote added by the U.S. Department of State. 



1132 



The Marine Mammal Commission Compendium 



Article XXI 
Entry into Force of Constitution 

1. This Constitution shall be open to acceptance by the nations specified in Annex I. 

2. The instruments of acceptance shall be transmitted by each government to the United Nations Interim 
Commission on Food and Agriculture, which shall notify their receipt to the governments of the nations specified in 
Annex I. Acceptance may be notified to the Interim Commission through a diplomatic representative, in which case 
the instrument of acceptance must be transmitted to the Commission as soon as possible thereafter. 

3. Upon the receipt by the Interim Commission of 20 notifications of acceptance, the Interim Commission 
shall arrange for this Constitution to be signed in a single copy by the diplomatic representatives, duly authorized 
thereto, of the nations who shall have notified their acceptance, and upon being so signed on behalf of not less than 
20 of the nations specified in Annex I, this Constitution shall come into force immediately. 

4. Acceptances, the notification of which is received after the entry into force of this Constitution, shall 
become effective upon receipt by the Interim Commission or the Organization. 

ArticleXXII 
Authentic Texts of Constitution 

The English, French and Spanish texts of this Constitution shall be equally authoritative. 



Australia 

Belgium 

Bolivia 

Brazil 

Canada 

Chile 

China 

Colombia 

Costa Rica 

Cuba 

Czechoslovakia 

Denmark 

Dominican Republic 

Ecuador 

Egypt 

El Salvador 

Ethiopia 

France 

Greece 

Guatemala 

Haiti 

Honduras 

Iceland 



AnnesI 
Nations Eligible for Original Membership 

India 

Iran 
■ ... Iraq , ' ■ 

Liberia 

Luxembourg .: 

Mexico 
Netherlands 
New Zealand 
Nicaragua 
Norway 
' Panama 

Paraguay 
. ' Peru 

Philippine Commonwealth 

Poland 

Union of South Africa 

Union of Soviet Socialist Republics 

United Kingdom 

United States of America 

Uruguay 

Venezuela 

Yugoslavia 



Amendments to the Constitution of the 

Food and Agriculture Organization of 

the United Nations, Rome, 1959 



Done at Rome 20 November 1959 

Entered into force 20 November 1959 

Primary source citation: 12 UST 980, TLAS 4803 









FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS 

Viale delle Terme di Caracalla 








ROME 

Cable Address: foodagri, ROME • 
1^1. 590011-590211-599071 


The Honorable 

The Secretary 
USA 


OF 


State 




Please quote: 
G/159 









Mar-8 1960 



Sm, 

In accordance with the wish expressed by the Tenth Session of the FAO Conference (31 October to 20 November 
1959), I have the honor to transmit herewith a certified statement giving the text of the amendments to the 
Constitution and the General Rules and Financial Regulations of the Organization which were adopted by that 
Session of the Conference, as well as the dates on which each amendment was adopted. 

I am also enclosing a statement regarding admissions by the Tfenth Session of the Conference to membership 
and associate membership in the Organization, as well as a copy of the relevant resolutions. 



Accept, Sir, the assurance of my highest consideration. 



B. R. Sen 
Director-General 



1133 



]^j34 The Marine Mammal Commission Compendium 



AMENDMENTS TO THE CONSTITUTION, GENERAL RULES AND FINANCIAL 

REGULATIONS OF THE ORGANIZATION, TO THE RULES OF PROCEDURE 

FOR THE COUNCIL AND TO THE STATEMENT OF PRINCIPLES RELATING TO 

CONVENTIONS AND AGREEMENTS, COMMISSIONS AND COMMITTEES 

I. CONSTITUTION 

In Article V.l of the Constitution, (see Resolution No. 56/59 of 6 November 1959) the number between brackets 
is to be deleted and the number underlined is to be added: 

"A Council of the Organization consisting of [24] twenty-five Member Nations shall be elected by the 
Conference . . ." 

Article XVIII of the Constitution (see Resolution No. 54/59 of 11 November 1959) is to be amended by the 
addition to that Article of a paragraph 5 worded as follows: 

"5. Decisions on the level of the budget shall be taken by a two-thirds majority of the votes cast." 

Article XX of the Constitution (see Resolution No. 55/59 of 7 November 1959) is to be amended by the addition 
of two new paragraphs 3 and 4 as follows: 

"3. Proposals for the amendment of the Constitution may be made either by the Council or by a Member 
Nation in a communication addressed to the Director-General. The Director-G«neral shall immediately 
inform all Member Nations and Associate Members of all proposals for amendments. 

"4. No proposal for the amendment of the Constitution shall be included in the agenda of any session of the 
Conference unless notice thereof has been dispatched by the Director-General to Member Nations and 
Associate Members at least 120 days before the opening of the session." 



Amendments to the Constitution of the 

Food and Agriculture Organization of 

the United Nations, Rome, 1961 



Done at Rome 24 November 1961 

Entered into force 24 November 1961 

Primary source citation: 13 UST2616, TIAS 5229 



AMENDMENTS TO BASIC TEXTS OF THE ORGANIZATION, 

VOLUME I 
(Issued February 1962) 

As the result of the amendments to the Constitution General Rules and Financial Regulations of the Organization 
and to the Rules of Procedure for the Council adopted by the Eleventh Session of the Conference and the 
Thirty-Seventh Session of the Council, the texts given below are to be substituted for the texts appearing in the 1960 
Edition of Volume I of the Basic Tfexts of the Organization: 

CONSTITUTION 

Article III.2 

2. Each Member Nation and Associate Member may appoint alternates, associates and advisers to its delegate . . . 

Article V.l 

1. A Council of the Organization consisting of twenty-seven Member Nations shall be elected by the Conference .... 

Article VII. 1 

1. There shall be a Director-General of the Organization who shall be appointed by the Conference for a term of 
four years. 

2. Upon expiry of the term of four years the Director-General may be reappointed for a term of two years. Upon 
expiry of this term of two years, the Director-General may be reappointed for a further term of two years, after which 
he shall not be eligible for re-appointment. 

3. Appointments and re-appointments under this Article shall be made by such procedures and on such other 
terms as the Conference may determine. 

4. Should the office of Director-General become vacant during any one of the above-mentioned terms of office, 
the Conference may appoint a successor to serve for the then unexpired portion of that term of office. Such successor 
may again be appointed or re-appointed in accordance with the provisions of paragraphs 1, 2 and 3 of this Article, 
provided that the total of his terms of office does not exceed eight years. 

(Renumber the two last paragraphs of the present text "5" and "6") 



Amendments to the Constitution of the 

Food and Agriculture Organization of 

the United Nations, Rome, 1963 



Done at Rome 5 December 1963 

Entered into force 5 December 1963 

Primary source citation: 14 UST 2203, TIAS 5506 



AMENDMENTS TO BASIC TEXTS OF THE ORGANIZATION 

VOLUME I 
(Issued January 1964) 

As the result of the funendments to the Constitution, General Rules and Financial Regiilations of the Orgeinization 
adopted by the Twelfth Session of the Conference (December 1963), the texts given below are to be substituted for 
the texts appearing in the 1960 Edition of Volume I of the Basic Texts of the Organization. A new Edition of that 
Volume will be issued shortly, incorporating all these amendments as well as those adopted by the Eleventh Session 
of the Conference (November 1961). 



CONSTITUTION 
Article VI 

1. The Conference or Council may establish commissions, the membership of which shall be open to all Member 
Nations and Associate Members, or regional commissions open to all Member Nations and Associate Members whose 
territories are situated wholly or in part in one or more regions, to advise on the formulation and implementation of 
policy and to coordinate the implementation of policy. The Conference or Council may also establish, in conjunction 
with other intergovernmental organizations, joint commissions open to all Member Nations and Associate Members 
of the Organization and of the other organizations concerned, or joint regional commissions open to Member Nations 
and Associate Members of the Organization and of the other organizations concerned, whose territories are situated 
wholly or in part in the region. 

2. The Conference, the Council, or the Director-CJeneral on the authority of the Conference or Council, may estabUsh 
committees and working parties to study and report on matters pertaining to the purpose of the Organization and 
consisting either of selected Member Nations and Associate Members, or of individuals appointed in their personal 
capacity because of their special competence in technical matters. The Conference, the Council, or the Director-General 
on the authority of the Conference or Council may, in conjunction with other intergovernmental organizations, also 
establish joint committees and working parties, consisting either of selected Member Nations and Associate Members of 
the organization and of the other organizations concerned, or of individuals appointed in their personal capacity. The 
selected Member Nations and Associate Members shall, as regards the Organization, be designated either by the 
Conference or the Council, or by the Director-(3eneral if so decided by the Conference or Council. The individuals appointed 
in their personal capacity shall, as regards the Organization, be designated either by the Conference, the Council, selected 
Member Nations or Associate Members, or by the Director-General, as decided by the Conference or Council. 



Multilateral / Fisheries 1137 



3. The Conference, the Council, or the Director-General on the authority of the Conference or Council, shall 
determine the terms of reference and reporting procedures, as appropriate, of commissions, committees and working 
parties established by the Conference, the Council, or the Director-General as the case may be. Such commissions 
and committees may adopt their own rules of procedure and amendments thereto, which shall come into force upon 
approval by the Director-General subject to confirmation by the Conference or Council, as appropriate. The terms of 
reference smd reporting procedures of joint commissions, committees and working parties established in conjunction 
with other intergovernmental organizations shall be determined in consultation with the other organizations 
concerned. 

Article XI 

There shall be such regional offices and sub-regional offices as the Director-General, with the approval of the 
Conference, may decide. 



Amendments to the Constitution of the 

Food and Agriculture Organization of 

the United Nations, Rome, 1965 



Done at Rome 9 December 1965 

Entered into force 9 December 1965 

Primary source citation: 17 UST 457, TIAS 5987 



AMENDMENTS TO BASIC TEXTS OF THE ORGANIZATION 

VOLUME I 
(Issued March 1966) 

As the result of the amendments to the Constitution General Rules of the Organization and Rules of Procedure for 
the Council adopted by the Thirteenth Session of the Conference (20 November-9 December 1965) and by the 
Forty-Sixth Session of the Council (9-10 December 1965), the texts given below are to be substituted for the texts 
appearing in the 1964 Edition of Volume I of the Basic Texts of the Organization. A new Edition of that Volume will 
be issued shortly, incorporating all these amendments. 



CONSTITUTION 

Preamble 

The Nations accepting this Constitution, being determined to promote the common welfare by furthering separate 
and collective action on their part for the purpose of: 

raising levels of nutrition and standards of living of the peoples under their respective jurisdictions; 

securing improvements in the efficiency of the production and distribution of all food and agricultural products; 

bettering the condition of rural populations; 

and thus contributing toward an expanding world economy and ensuring humanity's freedom from hunger; 

hereby established the Food and Agriculture Organization of the United Nations, hereinafter referred to as the 
"Organization," through which the Members will report to one another on the measures taken and the progress 
achieved in the field of action set forth above. 

Article V.I 

1. A Council of the Organization consisting of thirty-one Member Nations shall be elected by the Conference. Each 
Member Nation on the Council shall have one representative and shall have only one vote. Each Member of the 



Multilateral / Fisheries 1139 



Council may appoint alternates, associates and advisers to its representative. The Council may determine the 
conditions for the participation of alternates, associates and advisers in its proceedings, but any such participation 
shall be without the right to vote, except in the case of an alternate, associate or adviser participating in the place of 
a representative. No representative may represent more than one Member of the Council. The tenure and other 
conditions of office of the Members of the Council shall be subject to rules made by the Conference. 

Article V.6 

6. lb assist the Council in performing its functions, the Council shall appoint a Program Committee, a Finance 
Committee, a Committee on Commodity Problems, a Committee on Fisheries and a Committee on Constitutional 
and Legal Matters. These Committees shall report to the Council and their composition and terms of reference shall 
be governed by rules adopted by the Conference. 



Amendments to the Constitution of the 

Food and Agriculture Organization of 

the United Nations, Rome, 1967 



Done at Rome 15 and 21 November 1967 

Entered into force 23 November 1967 

Primary source citation: 18 UST 3273, TIAS 6421 



AMENDMENTS TO THE FAQ CONSTITUTION ADOPTED BY 

THE FOURTEENTH SESSION OF THE CONFERENCE 

OF THE ORGANIZATION 

(Rome, 4-23 November 1967) 
(Words between square brackets to be deleted and words underlined to be added) 

ARTICLE V 
Council of the Organization 

1. A Council of the Organization consisting of [thirty-one] thirty-four Member Nations shall be elected by the 
Conference. Each Member Nation on the Council shall have one representative and shall have only one vote. Each 
Member of the Council may appoint [an alternate] alternates , associates and advisers to its representative. The 
Council may determine the conditions for the participation of alternates, associates and advisers in its proceedings, 
but any such participation shall be without the right to vote, except in the case of an alternate, associate or adviser 
participating in the place of a representative. No representative may represent more than one Member of the Council. 
The tenure and other conditions of office of the Members of the Council shall be subject to rules made by the 
Conference. 

Amendments adopted by the Conference on 15 and 21 November 1967 respectively, 
by Resolutions 12/67 and 13/67. 



Amendment to the Constitution of the 

Food and Agriculture Organization of 

the United Nations, Rome, 1969 



Done at Rome 24 November 1969 

Entered into force 27 November 1969 

Primary source citation: 21 UST 1464, TIAS 6902 



AMENDMENT TO THE FAQ CONSTITUTION ADOPTED BY 

THE FIFTEENTH SESSION OF THE CONFERENCE 

OF THE ORGANIZATION 

(Rome, 8-27 November 1969) 
(Words underlined to be added) 

Article XXII 

Authentic Texts of Constitution 

The Arabic , English, French and Spanish texts of this Constitution shall be equally authoritative. 

Amendment adopted by the Conference on 
24 November 1969 by Resolution 10/69. 



1141 



Amendments to the Constitution of the 

Food and Agriculture Organization of 

the United Nations, Rome, 1971 



Done at Rome 6-25 November 1971 

Entered into force 25 November 1971 

Primary source citation: 23 UST 74, TIAS 7274 



AMENDMENTS TO THE FAO CONSTITUTION ADOPTED BY 

THE SIXTEENTH SESSION OF THE CONFERENCE 

OF THE ORGANIZATION 

(Rome, 6-25 November 1971) 
ARTICLE V 

6. lb assist the Council in performing its functions, the Council shall appoint a Programme Committee, a 
Finance Committee, a Committee on Constitutional and Legal Matters, a Committee on Commodity Problems, a 
Committee on Fisheries, a Committee on Forestry and a Committee on Agriculture. These Committees shall report 
to the Council and their composition and terms of reference shall be governed by rules adopted by the Conference. 

(Paragraphs 1 to 5 remain unchanged). 

ARTICLE VII 

1. There shall be a Director-General of the Organization who shall be appointed by the Conference for a 
term of six years, after which he shall not be eligible for reappointment. 

2. The appointment of the Director-General under this Article shall be made by such procedures and on 
such terms as the Conference may determine. 

3. Should the office of Director-General become vacant during the above-mentioned term of office, the 
Conference shall, either at the next regular session or at a special session convened in accordance with Article III, 
paragraph 6 of this Constitution, appoint a Director-General in accordance with the provisions of paragraphs 1 and 
2 of this Article. However, the duration of the term of office of a Director-General appointed at a special session shall 
expire at the end of the year of the third regular session of the Conference following the date of his appointment. 

(Paragraphs 5 and 6, now renumbered 4 and 5 remain unchanged). 



Multilateral / Fisheries 1143 



ARTICLE XI 

1. All Member Nations and Associate Members shall communicate regularly to the Director-General, on 
publication, the texts of laws and regulations pertaining to matters within the competence of the Organization which 
the Director-General considers useful for the purposes of the Organization. 

2. With respect to the same matters, all Member Nations and Associate Members shall also communicate 
regularly to the Director-General statistical, technical and other information published or otherwise issued by or 
readily available to, the government. The Director-General shall indicate from time to time the nature of the 
information which would be most useful to the Organization and the form in which this information might be supplied. 

3. Member Nations and Associate Members may be requested to furnish, at such times and in such form as 
the Conference, the Council or the Director-General may indicate, other information, reports or documentation 
pertaining to matters within the competence of the Organization, including reports on the action taken on the basis 
of resolutions or recommendations of the Conference. 



Amendments to the Constitution of the 

Food and Agriculture Organization of 

the United Nations, Rome, 1973 



Done at Rome 16 and 26 November 1973 

Amendment to Article V entered into force 

16 November 1973; amendment to Article XIV 

entered into force 26 November 1973 

Primary source citation: 25 UST 928, TIAS 7836 



Amendments to the FAO Constitution Adopted by the Seventeenth 
Session of the Conference of the Organization 

(Rome, 10-29 November 1973) 
(Words between square brackets to be deleted and words underlined to be added) 

Article V 
Council of the Organization 

1. A Council of the Organization consisting of [thirty-four] forty-two Member Nations shall be elected by 
the Conference. Each Member Nation on the Council shall have one representative and shall have only one vote. 
Each member of the Council may appoint alternates, associates and advisers to its representative. The Council may 
determine the conditions for the participation of alternates, associates and advisers in its proceedings, but any such 
participation shall be without the right to vote, except in the case of an alternate, associate or adviser participating 
in the place of a representative. No representative may represent more than one member of the Council. The tenure 
and other conditions of office of the members of the Council shall be subject to rules made by the Conference. 

Article XIV 

Conventions and agreements 

1 

2 

3. Conventions, agreements, and supplementary conventions and agreements shall: 

(a) . . . . 



Multilateral / Fisheries 1145 



(b) contain provisions concerning the Member Nations of the Organization, and such non-inember [Nations] 
States as are members of the United Nations, any of its Speciahzed Agencies or the International Atomic 
Energy Agency which may become parties thereto and the number of acceptances by Member Nations 
necessary to bring such convention, agreement, supplementary convention or agreement into force, and 
thus ensure that it will constitute a real contribution to the achievement of its objectives. In the case of 
conventions, agreements, supplementary conventions and agreements establishing commissions or 
committees, participation by non-member [Nations] States of the Organization that are members of the 
United Nations, any of its Specialized Agencies or the International Atomic Energy Agency shall in 
addition be subject to prior approval by at least two-thirds of the membership of such commissions or 
committees; 

Amendments adopted by Resolutions 8/73 and 10/73 of 16 and 26 November 1973, respectively. 



Amendments to the Constitution of the 

Food and Agriculture Organization of 

the United Nations, Rome, 1975 



Done at Rome 8-27 November 1975 

Entered into force 26 November 1975 

Primary source citation: 27 UST2381, TIAS 8318 



AMENDMENTS TO THE FAQ CONSTITUTION ADOPTED BY 

THE CONFERENCE OF THE ORGANIZATION 

AT ITS EIGHTEENTH SESSION 

(ROME. 8 - 27 NOVEMBER 1975) 



Article V 

Council of the Organization 

6. In the performance of its functions, the Council shall be assisted by a Programme Committee, a Finance 
Committee, a Committee on Constitutional and Legal Matters, a Committee on Commodity Problems, a Committee 
on Fisheries, a Committee on Forestry, a Committee on Agriculture and a Committee on World Food Security. These 
Committees shall report to the Council and their composition and terms of reference shall be governed by rules 
adopted by the Conference. 



Article VI 

Commissions, committees, conferences, working parties and consultations 

3. The Conference, the Council, or the Director-General on the authority of the Conference or Council shall 
determine the terms of reference and reporting procedures, as appropriate, of commissions, committees and working 
parties established by the Conference, the Council, or Director-General as the case may be. Such commissions and 
committees may adopt their own rules of procedure and amendments thereto, which shall come into force upon 
approval by the Director-General. The terms of reference and reporting procedures of joint commissions, committees 
and working parties established in conjunction with other inter-governmental organizations shall be determined in 
consultation with the other organizations concerned. 



1146 



Amendments to the Constitution of the 

Food and Agriculture Organization of 

the United Nations, Rome, 1977 



Done at Rome 12 November-l December 1977 

Entered into force 29 November 1977 

Primary source citation: 29 UST2868, TIAS 8982 



AMENDMENTS TO THE FAQ CONSTITUTION ADOPTED BY 
THE CONFERENCE OF THE ORGANIZATION 

AT ITS NINETEENTH SESSION 
(ROME. 12 NOVEMBER - 1 DECEMBER 1977) 

Article V 

Council of the Organization 

1. A Council of the Organization consisting of forty-nine Member Nations shall be elected by the Conference. 
Each Member Nation on the Council shall have one representative and shall have only one vote. Each member of the 
Council may appoint alternates, associates and advisers to its representative. The Council may determine the 
conditions for the participation of alternates, associates and advisers in its proceedings, but any such participation 
shall be without the right to vote, except in the case of an alternate, associate or adviser participating in the place of 
a representative. No representative may represent more than one member of the Council. The tenure and other 
conditions of office of the members of the Council shall be subject to rules made by the Conference. 

Article VII 

The Director-General 

1. There shall be a Director-General of the Organization who shall be appointed by the Conference for a term of 
six years. He shall be eligible for re-appointment. 

3. Should the office of Director-General become vacant prior to the expiry of his term of office, the Conference 
shall, either at the next regular session or at a special session convened in accordance with Article III, paragraph 6 
of this Constitution, appoint a Director-General in accordance with the provisions of paragraphs 1 and 2 of this Article. 
However, the duration of the term of office of the Director-General appointed at a special session shall expire at the 
end of the year of the third regular session of the Conference following the date of his appointment. 

Article XXII 

Authentic texts of the Constitution 

The Arabic, Chinese, English, French and Spanish texts of this Constitution shall be equally authoritative. 



1147 



Amendments to the Constitution of the 

Food and Agriculture Organization of 

the United Nations, Rome, 1991 



Done at Rome 18 November 1991 

Entered into force 18 November 1991 

Primary source citation: Copy of text provided by the 
U.S. Department of State 



AMENDMENTS TO THE CONSTITUTION AND THE GENERAL 

RULES OF THE ORGANIZATION TO ALLOW FOR 

MEMBERSHIP OF FAO BY REGIONAL ECONOMIC 

INTEGRATION ORGANIZATIONS 

THE CONFERENCE, 

Recalling that, at its Ninety-fifth Session, held in June 1989, the Council, after having considered a communication 
of the Government of Spain regarding the status of the European Economic Community (EEC) with respect to FAO, 
invited the Director-General to explore the options for a form of membership of FAO for regional economic integration 
organizations to which their Member States had transferred competence in some fields of activity of the Organization, 

Recalling also that, in its Ninety-ninth Session, held in June 1991, the Council agreed to transmit the text of proposed 
amendments to the Constitution to the Conference for consideration at its Twenty-sixth Session in accordance with 
paragraphs 3 and 4 of Article XX of the FAO Constitution, and taking into consideration in particular the content of 
paragraph 260 of the Council Report, 

Having considered the text of the amendments to the Constitution and the General Rules of the Organization proposed 
by the Council in its Ninety-ninth Session as amended on the floor of the Conference: 

Decides to amend the Constitution and the General Rules of the Organization as follows: 

Constitution 

1. Article II of the Constitution is amended by adding after paragraph 2 the following paragraphs: 

"3. The Conference may by a two-thirds majority of the votes cast, provided that a majority of the Member 
Nations of the Organization is present, decide to admit as a Member of the Organization any regional 
economic integration organization meeting the criteria set out in paragraph 4 of this Article, which has 
submitted an application for membership and a declaration made in a formal instrument that it wdll 
accept the obligations of the Constitution as in force at the time of admission. Subject to paragraph 8 of 
this Article, references to Member Nations under this Constitution shall include Member Organizations, 
except as otherwise expressly provided. 



Multilateral / Fisheries 1149 



To be eligible to apply for membership of the Organization under paragraph 3 of this Article, a regional 
economic integration organization must be one constituted by sovereign States, a majority of which are 
Member Nations of the Organization, and to which its Member States have transferred competence over 
a range of matters within the purview of the Organization, including the authority to make decisions 
binding on its Member States in respect of those matters. 



Commentary 

The term transfer of competence in respect of a given subject includes the transfer of treaty-making powers 
by Member States and means that complete power vnth respect to that subject is transferred and that no residual 
power remains with the Member States. 

5. Each regional economic integration organization applying for membership in the Organization shall, at 
the time of such application, submit a declaration of competence specifying the matters in respect of 
which competence has been transferred to it by its Member States. 

6. Member States of a Member Organization shall be presumed to retain competence over all matters in 
respect of which transfers of competence have not been specifically declared or notified to the Organi- 
zation. 

7. Any change regarding the distribution of competence between the Member Organization and its Member 
States shall be notified by the Member Organization or its Member States to the Director-General, who 
shall circulate such information to the other Member Nations of the Organization. 

8. A Member Organization shall exercise membership rights on an alternative basis with its Member 
States that are Member Nations of the Organization in the areas of their respective competences and 
in accordance with rules set down by the Conference. 

9. Except as otherwise provided in this Article, a Member Organization shall have the right to participate 
in matters within its competence in any meeting of the Organization, including any meeting of the 
Council or other body, other than bodies of restricted membership referred to below, in which any of its 
Member States are entitled to participate. A Member Organization shall not be eligible for election or 
designation to any such body, nor shall it be eligible for election or designation to any body established 
jointly with other organizations. A Member Organization shall not have the right to participate in bodies 
of restricted membership specified in the rules adopted by the Conference. 

10. Except as otherwise provided in this Constitution or in rules set down by the Conference, and Article III 
paragraph 4 notwithstanding, a Member Organization may exercise on matters within its competence, 
in any meeting of the Organization in which it is entitled to participate, a number of votes equal to the 
number of its Member States which are entitled to vote in such meeting. Whenever a Member 
Organization exercises its right to vote, its Member States shall not exercise theirs, and conversely." 

2. The existing paragraphs 3, 4 and 5 of Article II are renumbered as paragraphs 11, 12 and 13. 

3. Article XTV, paragraph 3(b) of the Constitution is amended as follows: 

"(b) contain provisions concerning the Member Nations of the Organization, and such non-member States 
as are members of the United Nations, any of its specialized agencies or the International Atomic Energy 
■ Agency, and regional economic integration organizations, including Member Organizations, to which 

their Member States have transferred competence over matters within the purview of the conventions, 
agreements, supplementary conventions and agreements, including the power to enter into treaties in 
respect thereto , which may become parties thereto and the number of acceptances by Member Nations 
necessary to bring such convention, agreement, supplementary convention or agreement into force, and 
thus to ensure that it will constitute a real contribution to the achievement of its objectives. In the case 
of conventions, agreements, supplementary conventions and agreements establishing commissions or 
committees, participation by non-member States of the Organization that Eire members of the United 

Words underlined are added 



ll^Q The Marine Mammal Commission Compendium 



Nations, any of its specialized agencies or the International Atomic Energy Agency or by regional 
e conomic integration organizations other than Member Organizations , shall in addition be subject to 
prior approval by at least two-thirds of the membership of such commissions or committees;" 

4. A new paragraph is added after Article XTV, paragraph 3(b) which reads as follows: 

"(c) Where any convention, agreement, supplementary convention or agreement provides that a Member 
Organization or a regional economic integration organization that is not a Member Organization may 
become a party thereto, the voting rights to be exercised by such organizations and the other terms of 
participation shall be defined therein. Any such convention, agreement, supplementary convention or 
agreement shall, where the Member States of the Organization do not participate in that convention, 
agreement, supplementary convention or agreement, and where other parties exercise one vote only, 
provide that the organization shall exercise only one vote in any body established by such convention, 
agreement, supplementary convention or agreement, but shall enjoy equal rights of participation with 
.' • Member Nations parties to such convention, agreement, supplementary convention or agreement;" 

5. The existing paragraph 3(c) of Article XTV is relettered as paragraph 3(d). 

6. The last sentence of Article XTV, paragraph 7 of the Constitution is amended as follows: 

"7. (...) In addition, the Director-General shall certify copies of those conventions, agreements, supplemen- 
tary conventions or agreements and transmit one copy to each Member Nation of the Organization and 
to such non-member States or regional economic integration organizations as may become parties to 
the conventions, agreements, supplementary conventions or agreements." 

7. A new paragraph is added after Article XVIII, paragraph 5, which reads as follows: 

"6. A Member Organization shall not be required to contribute to the budget as specified in paragraph 2 of 
this Article, but shall pay to the Organization a sum to be determined by the Conference to cover 
administrative and other expenses arising out of its membership in the Organization. A Member 
Organization shall not vote on the budget." 



General RiJes of the Organization 

8. Paragraph 1 of Rule XIX of the General Rules of the Organization is amended as follows: 

"1. Any nation or regional economic integration organization which desires to become a Member of the 
Organization and any Member Nation or authority which wishes to request admission to associate 
membership on behalf of a territory or a group of territories for whose international relations it is 
responsible shall submit an application to the Director-General. This application shall be accompanied 
or followed by the formal instrument of acceptance of the Constitution required under Article II, 
paragraph 2, 3 or 11 of the Constitution. This formal instrument shall reach the Director-General not 
later than the opening day of the Conference session at which the admission of the applicants is to be 
considered." 

9. Paragraph 4 of Rule XEX of the General Rules of the Org£uiization is amended as follows: 

"4. The Director-General shall inform the applicant nation or regional economic integration organization 
of the decision of the Conference. If the application is approved, such notice shall also state the amount 
of the first contribution." 

10. The following Rules are added after Rule XXXIX: 
"D. MEMBER ORGANIZATIONS 



Words underlined are added 



Multilateral / Fisheries 1151 



Rule XL 

General 

The provisions of the General Rules of the Organization applicable to Member Nations shall apply 
mutatis mutandis to Member Organizations, except as may be otherwise provided in the Constitution or in 
these General Rules. 

Rule XLI 

Competence 

1. Any Member Nation of the Organization may request a Member Organization or its Member States to 
provide information as to which, as between the Member Organization and its Member States, has competence 
in respect of any specific question. The Member Organization or the Member States concerned shall provide 
this information on such request. 

2. Before any meeting of the Organization the Member Organization or its Member States shall indicate 
which, as between the Member Organization and its Member States, has competence in respect of any specific 
question to be considered in the meeting and which, as between the Member Organization and its Member 
States, shall exercise the right to vote in respect of each particular agenda item. 

3. In cases where an agenda item covers both matters in respect of which competence has been transferred 
to the Member Organization and matters which lie within the competence of its Member States, both the 
Member Organization and its Member States may participate in the discussions. In such cases the meeting, 
in arriving at its decisions, shall take into account only the intervention of the party which has the right 
to vote.* 

Rule XLII 

Arrangements for the Conference 

1. The credentials of delegates, alternates, associates and advisers of a Member Organization to sessions 
of the Conference shall be issued by, or on behalf of, the head of the executive body of the Member Organization 
concerned. 

2. Member Organizations shall not participate in the Credentials Committee, the Nominations Committee 
or the General Committee or any other body of the Conference dealing with the internal working of the 
Conference as the Conference may decide. 

3. Member Organizations shall not hold office in the Conference or any subsidiary body of the Conference. 
Rule XLIII 

Arrangements for the Council 

Member Organizations shall not hold office in the Council or any subsidiary body of the Council. 



* CoDuneniary 



The above is without prejudice to the question of whether or not the views of the party not having the right to vote shall be reflected in the report of the 
meeting. Where the views of the party not having the right to vote are reflected in the report, the fact that they are the views of the party not having 
the right to vote shall also be reflected in the report. 



1152 The Marine Mammal Commission Compendium 

RuleXLIV 

Quorum and voting arrangements at meetings of the Conference and Council 

1. For the purpose of determining a quorum, as specified in paragraph 2(b) of Rule XII, the delegation of 
a Member Organization shall be counted to the extent that it is entitled to vote in the meeting in respect of 
which the quorum is sought. 

2. Member Organizations shall not participate in voting for elective places as defined in paragraph 8(a) of 
Rule XII. 

RuleXLV 

Arrangements regarding committees of restricted membership 

Member Organizations shall not participate in the Programme Committee, the Finance Committee and the 
Committee on Constitutional and Legal Matters." 

11. The existing part "D" of the General Rules of the Organization is relettered as "E" and the existing Rules XL 
to XLII are renumbered as Rules XLVI to XLVIII. 

(Adopted 18 November 1991) 



International Convention for the 

Northwest Atlantic Fisheries, 

Washington, 1949 



Done at Washington 8 February 1949 

Entered into force 3 July 1950* 

Depositary: United States 

Primary source citation: 1 UST 477, TIAS 2089 



INTERNATIONAL CONVENTION FOR THE NORTHWEST 
ATLANTIC FISHERIES 

The Governments whose duly authorized representatives have subscribed hereto, sharing a substantial 
interest in the conservation of the fishery resources of the Northwest Atlantic Ocean, have resolved to conclude a 
convention for the investigation, protection and conservation of the fisheries of the Northwest Atlantic Ocean, in 
order to make possible the maintenance of a maximum sustained catch from those fisheries and to that end have, 
through their duly authorized representatives, agreed as follows: 



Article I 

1. The area to which this Convention applies, hereinafter referred to as "the Convention area", shall be all 
waters, except territorial waters, bounded by a line beginning at a point on the coast of Rhode Island in 71°40' west 
longitude; thence due south to 39°00' north latitude; thence due east to 42°00' west longitude; thence due north to 
59°00' north latitude; thence due west to 44°00' west longitude; thence due north to the coast of Greenland; thence 
along the west coast of Greenland to TS'IO' north latitude; thence southward to a point in 75°00' north latitude and 
73°30' west longitude; thence along a rhumb line to a point in 69°00' north latitude and 59°00' west longitude; thence 
due south to 61°00' north latitude; thence due west to 64°30' west longitude; thence due south to the coast of Labrador; 
thence in a southerly direction along the coast of Labrador to the southern terminus of its boundary with Quebec; 
thence in a westerly direction along the coast of Quebec, and in an easterly and southerly direction along the coasts 
of New Brunswrick, Nova Scotia, and Cape Breton Island to Cabot Strait; thence along the coasts of Cape Breton 
Island, Nova Scotia, New Brunswick, Maine, New Hampshire, Massachusetts, and Rhode Island to the point of 
beginning. 

2. Nothing in this Convention shall be deemed to affect adversely (prejudice) the claims of any Contracting 
Government in regard to the limits of territorial waters or to the jurisdiction of a coastal state over fisheries. 

3. The Convention area shall be divided into five sub-areas, the boundaries of which shall be those defined 
in the Annex to this Convention, subject to such alterations as may be made in accordance with the provisions of 
paragraph 2 of Article VI. 



* This Convention was terminated on 31 December 1979. 



1153 



1154 The Marine Mammal Commission Compendiuj 



' Article II ''"' ••-■■■ •'• -- - 

1. The Contracting Governments shall establish and maintain a Commission for the purposes of this 
Convention. The Commission shall be known as the International Commission for the Northwest Atlantic Fisheries, 
hereinafter referred to as "the Commission". 

2. Each of the Contracting Governments may appoint not more than three Commissioners and one or more 
experts or advisers to assist its Commissioner or Commissioners. 

3. The Commission shall elect from its members a Chairman and a Vice Chairman, each of whom shall serve 
for a term of two years and shall be eligible for re-election but not to a succeeding term. The Chairman and Vice 
Chairman must be Commissioners from different Contracting Governments. 

4. The seat of the Commission shall be in North America at a place to be chosen by the Commission. 

5. The Commission shall hold a regular annual meeting at its seat or at such place in North America as may 
be agreed upon by the Commission. 

6. Any other meeting of the Commission may be called by the Chairman at such time and place as he may 
determine, upon the request of the Commissioner of a Contracting Government and subject to the concurrence of the 
Commissioners of two other Contracting Governments, including the Commissioner of a Government in North 
America. 

7. Each Contracting Government shall have one vote which may be cast by any Commissioner from that 
Government. Decisions of the Commission shall be taken by a two-thirds majority of the votes of all the Contracting 
Governments. 

8. The Commission shall adopt, and amend as occasion may require, financial regulations and rules and 
by-laws for the conduct of its meetings and for the exercise of its functions and duties. 



Article III 

1. The Commission shall appoint an Executive Secretary according to such procedure and on such terms as 
it may determine. 

2. The staff of the Commission shall be appointed by the Executive Secretary in accordance with such rules 
and procedures as may be determined and authorized by the Commission. 

3. The Executive Secretary shall, subject to the general supervision of the Commission, have full power and 
authority over the staff and shall perform such other functions as the Commission shall prescribe. 



Article IV 

1. The Contracting Governments shall establish and maintain a Panel for each of the sub-areas provided for 
by Article I, in order to carry out the objectives of this Convention. Each Contracting Government participating in 
any Panel shall be represented on such Panel by its Commissioner or Commissioners, who may be assisted by experts 
or advisers. Each Panel shall elect from its members a Chairman who shall serve for a period of two years and shall 
be eligible for re-election but not to a succeeding term. 

2. After this Convention has been in force for two years, but not before that time. Panel representation shall 
be reviewed annually by the Commission, which shall have the power, subject to consultation with the Panel 
concerned, to determine representation on each Panel on the basis of current substantial exploitation in the sub-area 
concerned of fishes of the cod group (Gadiformes), of flat-fishes (Pleuronectiformes), and of rosefish (genus Sebastes), 
except that each Contracting Government with coastline adjacent to a sub-area shall have the right of representation 
on the Panel for the sub-area. 



Multilateral / Fisheries 1155 



3. Each Panel may adopt, and amend as occasion may require, rules of procedure and by-laws for the conduct 
of its meetings and for the exercise of its functions and duties. 

4. Each Government participating in a Panel shall have one vote, which shall be cast by a Commissioner 
representing that Government. Decisions of the Panel shall be taken by a two-thirds majority of the votes of all the 
CJrovernments participating in that Panel. 

5. Commissioners of Contracting Governments not participating in a particular Panel shall have the right to 
attend the meetings of such Panel as observers, and may be accompanied by experts and advisers. 

6. The Panels shall, in the exercise of their functions and duties, use the services of the Executive Secretary 
and the staff of the Commission. 



Article V 

1. Each Contracting Government may set up an Advisory Committee composed of persons, including 
fishermen, vessel owners and others, well informed concerning the problems of the fisheries of the Northwest Atlantic 
Ocean. With the assent of the Contracting Government concerned, a representative or representatives of an Advisory 
Committee may attend as observers all non-executive meetings of the Commission or of any Panel in which their 
Government participates. 

2. The Commissioners of each Contracting Government may hold public hearings within the territories they 
represent. 



Article VI 

1. The Commission shall be responsible in the field of scientific investigation for obtaining and collating the 
information necessary for maintaining those stocks of fish which support international fisheries in the Convention 
area and the Commission may, through or in collaboration with agencies of the Contracting Governments or other 
public or private agencies and organizations or, when necessary, independently: 

(a) make such investigations as it finds necessary into the abundance, life history and ecology of any 
species of aquatic life in any part of the Northwest Atlantic Ocean; 

(b) collect and analyze statistical information relating to the current conditions and trends of the fishery 
resources of the Northwest Atlantic Ocean; 

(c) study and appraise information concerning the methods for maintaining and increasing stocks offish 
in the Northwest Atlantic Ocean; 

(d) hold or arrange such hearings as may be useful or essential in connection wdth the development of 
complete factual information necessary to carry out the provisions of this Convention; 

(e) conduct fishing operations in the Convention area at any time for purposes of scientific investigation; 

(f) publish and otherwise disseminate reports of its findings and statistical, scientific and other informa- 
tion relating to the fisheries of the Northwest Atlantic Ocean as well as such other reports as fall within the 
scope of this Convention. 

2. Upon the unanimous recommendation of each Panel affected, the Commission may alter the boundaries of 
the sub-areas set out in the Annex. Any such alteration shall forthwith be reported to the Depositary Government 
which shall inform the Contracting Governments, and the sub-areas defined in the Annex shall be altered accordingly. 

3. The Contracting Governments shall furnish to the Commission, at such time and in such form as may be 
required by the Commission, the statistical information referred to in paragraph 1 (b) of this Article. 



1156 The Marine Mammal Commission Compendium 



Article Vn 

1. Each Panel established under Article IV shall be responsible for keeping under review the fisheries of its 
sub-area and the scientific and other information relating thereto. 

2. Each Panel, upon the basis of scientific investigations, may make recommendations to the Commission for 
joint action by the Contracting Governments on the matters specified in paragraph 1 of Article VIII. 

3. Each Panel may recommend to the Commission studies and investigations within the scope of this 
Convention which are deemed necessary in the development of factual information relating to its particular sub-area. 

4. Any Panel may make recommendations to the Commission for the alteration of the boundaries of the 
sub-areas defined in the Annex. 

5. Each Panel shall investigate and report to the Commission upon any matter referred to it by the 
Commission. 

6. A Panel shall not incur any expenditure except in accordance with directions given by the Commission. 



Article VIII 

1. The Commission may, on the recommendations of one or more Panels, and on the basis of scientific 
investigations, transmit to the Depositary Government proposals, for joint action by the Contracting Governments, 
designed to keep the stocks of those species of fish which support international fisheries in the Convention area at a 
level permitting the maximum sustained catch by the appUcation, with respect to such species offish, of one or more 
of the following measures: 

(a) establishing open and closed seasons; 

(b) closing to fishing such portions of a sub-area as the Panel concerned finds to be a spawning area or to 
be populated by smedl or immature fish; 

(c) establishing size limits for any species; 

(d) prescribing the fishing gear and appliances the use of which is prohibited; 

(e) prescribing an over-all catch limit for any species of fish. 

2. Each recommendation shall be studied by the Commission and thereafter the Commission shall either 

(a) transmit the recommendation as a proposal to the Depositary Government with such modifications or 
suggestions as the Commission may consider desirable, or 

(b) refer the recommendation back to the Panel with comments for its reconsideration. 

3. The Panel may, after reconsidering the recommendation returned to it by the Commission, reaffirm that 
recommendation, with or without modification. 

4. If, after a recommendation is reaffirmed, the Commission is unable to adopt the recommendation as a 
proposal, it shall send a copy of the recommendation to the Depositary Government with a report of the Commission's 
decision. The Depositary Government shall transmit copies of the recommendation and of the Commission's report 
to the Contracting Governments. 

5. The Commission may, after consultation with all the Panels, transmit proposals to the Depositary 
Government within the scope of paragraph 1 of this Article affecting the Convention area as a whole. 



Multilateral / Fisheries 1157 



6. The Depositary Government shall transmit any proposal received by it to the Contracting Governments 
for their consideration and may make such suggestions as will facilitate acceptance of the proposal. 

7. The Contracting Governments shall notify the Depositary Government of their acceptance of the proposal, 
and the Depositary Government shall notify the Contracting Governments of each acceptance communicated to it, 
including the date of receipt thereof 

8. The proposal shall become effective for all Contracting Governments four months after the date on which 
notifications of acceptance shall have been received by the Depositary Government from all the Contracting 
Governments participating in the Panel or Panels for the sub-area or sub-areas to which the proposal applies. 

9. At any time afler the expiration of one year from the date on which a proposal becomes effective, any Panel 
Government for the sub-area to which the proposal applies may give to the Depositary Government notice of the 
termination of its acceptance of the proposal and, if that notice is not withdrawn, the proposal shall cease to be 
effective for that Panel Government at the end of one year from the date of receipt of the notice by the Depositary 
Government. At any time after a proposal has ceased to be effective for a Panel Government under this paragraph, 
the proposal shall cease to be effective for any other Contracting Government upon the date a notice of withdrawal 
by such Government is received by the Depositary Government. The Depositary Government shall notify all 
Contracting Governments of every notice under this paragraph immediately upon the receipt thereof 



Article IX 

The Commission may invite the attention of any or all Contracting Governments to any matters which relate 
to the objectives and purposes of this Convention. 



Article X 

1. The Commission shall seek to establish and maintain working arrangements with other public interna- 
tional organizations which have related objectives, particularly the Food and Agriculture Organization of the United 
Nations and the International Council for the Exploration of the Sea, to ensure effective collaboration and coordination 
with respect to their work and, in the case of the International Council for the Exploration of the Sea, the avoidance 
of duplication of scientific investigations. 

2. The Commission shall consider, at the expiration of two years from the date of entry into force of this 
Convention, whether or not it should recommend to the Contracting Governments that the Commission be brought 
within the framework of a specialized agency of the United Nations. 



Article XI 

1. Each Contracting Government shall pay the expenses of the Commissioners, experts and advisers 
appointed by it. 

2. The Commission shall prepare an annual administrative budget of the proposed necessary administrative 
expenditures of the Commission and an annual special projects budget of proposed expenditures on special studies 
and investigations to be undertaken by or on behalf of the Commission pursuant to Article VI or by or on behalf of 
any Panel pursuant to Article VII. 

3. The Commission shall calculate the payments due from each Contracting Government under the annual 
administrative budget according to the following formula: 

(a) from the administrative budget there shall be deducted a sum of 500 United States dollars for each 
Contracting Government; 



1158 The Marine Mammal Commission Compendium 



(b) the remainder shall be divided into such number of equal shares as corresponds to the total number 
of Panel memberships; 

(c) the payment due from any Contracting Government shall be the equivalent of 500 United States dollars 
plus the number of shares equal to the number of Panels in which that Government participates. 

4. The Commission shall notify each Contracting Government the sum due from that Government as 
calculated under paragraph 3 of this Article and as soon as possible thereafter each Contracting Government shall 
pay to the Commission the sum so notified. 

5. The annual special projects budget shall be allocated to the Contracting Governments according to a scale 
to be determined by agreement among the Contracting Governments, and the sums so allocated to any Contracting 
Government shall be paid to the Commission by that Government. 

6. Contributions shall be payable in the currency of the country in which the seat of the Commission is located, 
except that the Commission may accept payment in the currencies in which it may be anticipated that expenditures 
of the Commission will be made from time to time, up to an amount established each year by the Commission in 
connection with the preparation of the annual budgets. 

7. At its first meeting the Commission shall approve an administrative budget for the balance of the first 
financial year in which the Commission functions and shall transmit to the Contracting Governments copies of that 
budget together with notices of their respective allocations. 

8. In subsequent financial years, the Commission shall submit to each Contracting Government drafts of the 
annual budgets together with a schedule of allocations, not less than six weeks before the annual meeting of the 
Commission at which the budgets are to be considered. 



Article XII 

The Contracting Governments agree to take such action as may be necessary to make effective the provisions 
of this Convention and to implement any proposals which become effective under paragraph 8 of Article VIII. Each 
Contracting Government shall transmit to the Commission a statement of the action taken by it for these purposes. 



Article XIII 

The Contracting Governments agree to invite the attention of any Government not a party to this Convention 
to any matter relating to the fishing activities in the Convention area of the nationals or vessels of that Government 
which appear to affect adversely the operations of the Commission or the carrying out of the objectives of this 
Convention. 



Article XTV 

The Annex, as attached to this Convention and as modified from time to time, forms an integral part of this 
Convention. 



Article XV 

1. This Convention shall be ratified by the signatory Governments and the instruments of ratification shall 
be deposited with the Government of the United States of America, referred to in this Convention as the "Depositary 
Government". 



Multilateral / Fisheries 1159 



2. This Convention shall enter into force upon the deposit of instruments of ratification by four signatory 
Governments, and shall enter into force with respect to each Government which subsequently ratifies on the date of 
the deposit of its instrument of ratification. 

3. Any Government which has not signed this Convention may adhere thereto by a notification in writing to 
the Depositary Government. Adherences received by the Depositary Government prior to the date of entry into force 
of this Convention shall become effective on the date this Convention enters into force. Adherences received by the 
Depositary Government after the date of entry into force of this Convention shall become effective on the date of 
receipt by the Depositary Government. 

4. The Depositary Government shall inform all signatory Governments and all adhering Governments of all 
ratifications deposited and adherences received. 

5. The Depositary Government shall inform all Governments concerned of the date this Convention enters 
into force. 



Article XVI 

1. At any time after the expiration of ten years from the date of entry into force of this Convention, any 
Contracting Government may withdraw from the Convention on December thirty-first of any year by giving notice 
on or before the preceding June thirtieth to the Depositary Government which shall communicate copies of such 
notice to the other Contracting Governments. 

2. Any other Contracting Government may thereupon withdraw from this Convention on the same December 
thirty-first by giving notice to the Depositary Government within one month of the receipt of a copy of a notice of 
withdrawal given pursuant to paragraph 1 of this Article. 



Article XVII 

1. The original of this Convention shall be deposited with the Government of the United States of America, 
which Government shall communicate certified copies thereof to all the signatory Governments and all the adhering 
Governments. 

2. The Depositary Government shall register this Convention with the Secretariat of the United Nations. 

3. This Convention shall bear the date on which it is opened for signature and shall remain open for signature 
for a period of fourteen days thereafter. 

In witness whereof the undersigned, having deposited their respective full powers, have signed this Convention. 

Done in Washington this eighth day of February 1949 in the English language. 



ANNEX 
1. The sub-areas provided for by Article I of this Convention shall be as follows: 

Sub-area 1 - That portion of the Convention area which lies to the north and east of a rhumb line from a point 
in 75°00' north latitude and 73°30' west longitude to a point in 69°00' north latitude and 59°00' west longitude; east 
of 59°00' west longitude; and to the north and east of a rhumb line from a point in 61°00' north latitude and 59°00' 
west longitude to a point in 52°15' north latitude and 42°00' west longitude. 

Sub-area 2 - That portion of the Convention area lying to the south and west of sub-area 1 defined above and 
to the north of the parallel of 52°15' north latitude. 



1160 The Marine Mammal Commission Compendium 



Sub-area 3 - That portion of the Convention area lying south of the parallel of 52° 15' north latitude; and to 
the east of a hne extending due north from Cape Bauld on the north coast of Newfoundland to 52°15' north latitude; 
to the north of the parallel of 39°00' north latitude; and to the east and north of a rhumb line extending in a 
northwesterly direction which passes through a point in 43°30' north latitude, 55°00' west longitude, in the direction 
of a point in 47°50' north latitude, 60°00' west longitude, until it intersects a straight line connecting Cape Ray, on 
the coast of Newfoundland, with Cape North on Cape Breton Island; thence in a northeasterly direction along said 
line to Cape Ray. 

Sub-area 4 - That portion of the Convention area lying to the west of sub-area 3 defined above, and to the east 
of a line described as follows: beginning at the terminus of the international boundary between the United States of 
America and Canada in Grand Manan Channel, at a point in 44°46'35.34" north latitude, 66''54'11.23" west longitude; 
thence due south to the parallel of 43°50' north latitude; thence due west to the meridian of 67°40' west longitude; 
thence due south to the parallel of 42°20' north latitude; thence due east to a point in 66°00' west longitude; thence 
along a rhumb line in a southeasterly direction to a point in 42''00' north latitude, 65°40' west longitude; thence due 
south to the parallel of 39°00' north latitude. 

Sub-area 5 - That portion of the Convention area lying west of the western boundary of sub-area 4 defined 
above. 

2. For a period of two years from the date of entry into force of this Convention, Panel representation for each 
sub-area shall be as follows: 

(a) Sub-area 1 - Denmark, France, Italy, Norway, Portugal, Spain, United Kingdom; 

(b) Sub-area 2 - Denmark, France, Italy, Newfoundland; 

(c) Sub-area 3 - Canada, Denmark, France, Italy, Newfoundland, Portugal, Spain, United Kingdom; 

(d) Sub-area 4 - Canada, France, Italy, Newfoundland, Portugal, Spain, United States; 

(e) Sub-area 5 - Canada, United States; 

it being understood that during the period between the signing of this Convention and the date of its entry into force, 
any signatory or adhering Government may, by notification to the Depositary Government, withdraw from the list 
of members of a Panel for any sub-area or be added to the list of members of the Panel for any sub-area on which it 
is not named. The Depositary Government shall inform all the other Governments concerned of all such notifications 
received and the memberships of the Panels shall be altered accordingly. 



Protocol to the International 

Convention for the Northwest Atlantic 

Fisheries, Washington, 1956 



Done at Washington 25 June 1956 

Entered into force 10 January 1959* 

Primary source citation: 10 UST 59, TIAS 4170 



PROTOCOL TO THE INTERNATIONAL CONVENTION 
FOR THE NORTHWEST ATLANTIC FISHERIES SIGNED 
AT WASHINGTON UNDER DATE OF FEBRUARY 8, 1949 

The Governments parties to the International Convention for the Northwest Atlantic Fisheries signed at 
Washington under date of February 8, 1949, which Convention is hereinafter referred to as the 1949 Convention, 
desiring to provide for the holding of annual meetings of the Commission outside North America, agree as follows: 



Article I 

Paragraph 5 of Article II of the 1949 Convention is amended to read as follows: 

"5. The Commission shall hold a regular annual meeting at its seat or at such other place in North 
America or elsewhere as may be agreed upon by the Commission." 

Article II 

1. This Protocol shall be open for signature and ratification or for adherence on behalf of any Government 
party to the 1949 Convention. 

2. This Protocol shall enter into force on the date upon which instruments of ratification have been deposited 
with, or written notifications of adherence have been received by, the Government of the United States of America, 
on behalf of all the Governments parties to the 1949 Convention. 

3. The Government of the United States of America shall inform all Governments signatory or adhering to 
the 1949 Convention of ratifications deposited and adherences received and of the date this Protocol enters into force. 



3 terminated on 31 December 1979. 



1161 



1162 The Marine Mammal Commission Compendium 



Article III 

1. The original of this Protocol shall be deposited with the Government of the United States of America, which 
Government shall communicate certified copies thereof to all the Grovemments signatory or adhering to the 1949 
Convention. 

2. This Protocol shall bear the date on which it is opened for signature and shall remain open for signature 
for a period of fourteen days thereafter, following which period it shall be open for adherence. 

In witness whereof the undersigned, having deposited their respective full powers, have signed this Protocol. 

Done in Washington this twenty-fifth day of June 1956 in the English language. 



Declaration of Understanding 

Regarding the International 

Convention for the Northwest Atlantic 

Fisheries, Washington, 1961 



Done at Washington 24 April 1961 

Entered into force 5 June 1963* 

Primary source citation: 14 UST 924, TIAS 5380 



DECLARATION OF UNDERSTANDING 

REGARDING THE INTERNATIONAL CONVENTION 

FOR THE NORTHWEST ATLANTIC FISHERIES 

1. The Governments parties to the International Convention for the Northwest Atlantic Fisheries signed at 
Washington under date of February 8, 1949, which Convention is hereinafter referred to as the Convention, hereby 
declare their understanding that the words "fish", "fishes", "fishery", "fisheries", and "fishing" as they appear in the 
Convention include and apply to moUusks, as well as finny fish. 

2. Governments parties to the Convention may become parties to the present Declaration by: 

(a) Signature without reservation as to acceptance; 

(b) Signature with reservation as to acceptance, followed by acceptance; or 

(c) Acceptance. 

3. Acceptance shall be effected by written notification to the Government of the United States of America. 

4. This Declaration shall enter into force on the date upon which all the Governments parties to the Convention 
have become parties to this Declaration. Any Government becoming a party to the Convention after this Declaration 
enters into force shall accept this Declaration, such acceptance to be effective on the same date that such Government 
becomes a party to the Convention. 

5. The Government of the United States of America shall inform all Governments signatory or adhering to 
the Convention of all signatures and acceptances of this Declaration and of the date upon which this Declaration 
enters into force. 

6. The original of this Declaration shall be deposited with the Government of the United States of America, which 
Government shall communicate certified copies thereof to all the Governments signatory or adhering to the Convention. 

7. This Declaration shall bear the date on which it is opened for signature and shall remain open for signature 
or acceptance for a period of fourteen days thereafter, following which period it shall remain open for acceptance. 

In witness whereof the undersigned, being duly authorized thereto by their respective Governments, have 
signed this Declaration. 

Done at Washington this twenty-fourth day of April 1961, in the English language. 



•This Declaration of Understanding was terminated on 31 December 1979. 



1163 



Protocol to the International 

Convention for the Northwest Atlantic 

Fisheries, Washington, 1963 



Done at Washington 15 July 1963 

Entered into force 29 April 1966* 

Primary source citation: 17 UST 635, TIAS 6011 



PROTOCOL TO THE INTERNATIONAL CONVENTION 
FOR THE NORTHWEST ATLANTIC FISHERIES 

The Governments parties to the International Convention for the Northwest Atlantic Fisheries signed at 
Washington under date of February 8, 1949, which Convention, as amended, is hereinafter referred to as the 
Convention, desiring to extend the provisions of the Convention to harp and hood seals, agree as follows: 



Article I 

The provisions of the Convention shall be applicable with respect to harp and hood seals in conformity with 
Articles II and III of this Protocol. 



Article II 

1. The Contracting Governments shall establish and maintain a Panel with jurisdiction respecting harp and 
hood seals in the Convention area. Initial representation on the Panel shall be determined by the International 
Commission for the Northwest Atlantic Fisheries on the basis of current substantial exploitation of harp and hood 
seals in the Convention area, except that each Contracting Government with coastline adjacent to the Convention 
area shall have the right to representation on the Panel. 

2. Panel representation shall be reviewed annually by the Commission, which shall have the power, subject 
to consultation with the Panel, to determine representation on the Panel on the same basis as provided in paragraph 1 
of this Article for initial representation. 



Article III 

Proposals in accordance with Article VIII of the Convention for joint action by Contracting Governments wdth 
respect to harp and hood seals shall become effective for all Contracting Governments four months after the date on 
which notifications of acceptance have been received by the Depositary Government from all the Contracting 
Governments participating in the Panel for harp and hood seals. 

•This Protocol was tarminated on 31 December 1979. 



1164 



Multilateral / Fisheries 1165 



Article IV 

1. This Protocol shall be open for signature and ratification or for adherence on behalf of any Government 
party to the Convention. 

2. This Protocol shall enter into force on the date on which instruments of ratification have been deposited 
with, or written notifications of adherence have been received by, the Government of the United States of America, 
on behalf of all the Governments parties to the Convention. 

3. Any Government becoming a party to the Convention after this Protocol enters into force shall adhere to 
this Protocol, such adherence to be effective on the same date that such Government becomes a party to the 
Convention. 

4. The Government of the United States of America shall inform all Governments signatory or adhering to 
the Convention of all ratifications deposited and adherences received and of the date this Protocol enters into force. 



Article V 

1. The original of this Protocol shall be deposited with the Government of the United States of America, which 
Government shall communicate certified copies thereof to all the Governments signatory or adhering to the 
Convention. 

2. This Protocol shall bear the date on which it is opened for signature and shall remain open for signature 
for a period of fourteen days thereafter, following which period it shall be open for adherence. 

In witness whereof the undersigned, having deposited their respective full powers, have signed this Protocol. 

Done at Washington this fifteenth day of July, 1963 in the English language. 



Protocol to the International 

Convention for the Northwest Atlantic 

Fisheries Relating to Entry into Force 

of Proposals Adopted by the 

Commission, Washington, 1965 



Done at Washington 29 November 1965 

Entered into force 19 December 1969* 

Primary source citation: 21 UST 567, TIAS 6840 



PROTOCOL TO THE INTERNATIONAL 

CONVENTION FOR THE NORTHWEST ATLANTIC 

FISHERIES RELATING TO ENTRY INTO FORCE 

OF PROPOSALS ADOPTED BY THE COMMISSION 

The Governments parties to the International Convention for the Northwest Atlantic Fisheries signed at 
Washington under date of February 8, 1949, which Convention, as amended, is hereinafter referred to as the 
Convention, desiring to facilitate the entry into force of proposals adopted by the Commission, agree as follows: 



ARTICLE I 

Paragraphs 7 and 8 of Article VIII of the Convention shall be amended to read as follows: 

"7. (a) Each proposal made by the Commission under paragraphs 1 or 5 of this Article shall become 
effective for all Contracting Governments six months afler the date on the notification from the Depositary 
Government transmitting the proposal to the Contracting Governments, except as othenvise provided herein. 

"(b) If any Contracting Government participating in the Panel or Panels for the sub-area or sub-areas 
to which a proposal applies, or any Contracting Government in the case of a proposal made under paragraph 
5 above, presents to the Depositary Government objection to any proposal within six months of the date on the 
notification of the proposal by the Depositary Government, the proposal shall not become effective for any 
Government for an additional sixty days. Thereupon any other Contracting Government participating in the 
Panel or Panels concerned, or any other Contracting Government in the case of a proposal made under 
paragraph 5 above, may similarly object prior to the expiration of the additional sixty-day period, or within 
thirty days after receiving notice of an objection by another Contracting Government made within such 
additional sixty days, whichever date shall be the later. The proposal shall become effective for all Contracting 
Governments except those Governments which have presented objections, at the end of the extended period 
or periods for objecting. If, however, objections have been presented by a majority of Contracting Governments 

Protocol was terminated on 31 December 1979. 



Multilateral / Fisheries 1167 



pEirticipating in the Panel or Panels concerned, or by a majority of all Contracting Governments in the case of 
a proposal made under paragraph 5, the proposal shall not become effective unless any or all of the Contracting 
Governments nevertheless agree as among themselves to give effect to it on an agreed date. 

"(c) Any Contracting Government which has objected to a proposal may at any time withdraw that 
objection and the proposal shall become effective with respect to such Government, immediately if the proposal 
is already in effect, or at such time as it becomes effective under the terms of this Article. 

"8. The Depositary Government shall notify each Contracting Government immediately upon receipt of each 
objection and of each withdrawal of objection, and of the entry into force of any proposal." 



ARTICLE II 

1. This Protocol shall be open for signature and ratification or approval or for adherence by any Government 
party to the Convention. 

2. This Protocol shall enter into force on the date on which instruments of ratification or approval have been 
deposited with, or written notifications of adherence have been received by, the Government of the United States of 
America, from all the Governments parties to the Convention. 

3. Any Government becoming a party to the Convention after this Protocol enters into force shall adhere to 
this Protocol, such adherence to be effective on the same date that such Government becomes a party to the 
Convention. 

4. The Government of the United States of America shall inform all Governments signatory or adhering to 
the Convention of all ratifications or approvals deposited eind adherences received and of the date this Protocol enters 
into force. 



ARTICLE III 

1. The original of this Protocol shall be deposited with the Government of the United States of America, which 
Government shall communicate certified copies thereof to all the Governments signatory or adhering to the 
Convention. 

2. This Protocol shall bear the date on which it is opened for signature and shall remain open for signature 
for a period of fourteen days thereafter, following which period it shall be open for adherence. 

IN WITNESS WHEREOF the undersigned, having deposited their respective powers, have signed this 
Protocol. 

DONE at Washington this twenty-ninth day of November 1965, in the English language. 



Protocol to the International 

Convention for the Northwest Atlantic 

Fisheries, Relating to Measures of 

Control, Washington, 1965 



Done at Washington 29 November 1965 

Entered into force 19 December 1969 except for 
Article II, which did not enter into force* 

Primary source citaHon: 21 UST 576, TLAS 6841 



PROTOCOL TO THE INTERNATIONAL CONVENTION 

FOR THE NORTHWEST ATLANTIC FISHERIES, 

RELATING TO MEASURES OF CONTROL 

The Governments parties to the International Convention for the Northwest Atlantic Fisheries signed at 
Washington under date of February 8, 1949, which Convention, as amended, is hereinafter referred to as the 
Convention, desiring to provide for national and international measures of control on the high seas for the purposes 
of ensuring the application of the Convention and the measures in force thereunder, agree as follows: 



ARTICLE I 

Paragraph 5 of Article VIII of the Convention is amended by adding the following: 

"and may also, on its own initiative, make proposals for national and international measures of control on the 
high seas for the purposes of ensuring the application of the Convention and the measures in force thereunder." 



ARTICLE II 

Paragraph 8 of Article VIII of the Convention is amended by adding the following: 

"or, in the case of proposals made under paragraph 5 above, from all Contracting Governments." 



3 terminated on 31 December 1979. 



1168 



Multilateral / Fisheries 1169 



ARTICLE III 

1. This Protocol shall be open for signature and ratification or approval or for adherence on behalf of any 
Government party to the Convention. 

2. This Protocol shall enter into force on the date on which instruments of ratification or approval have been 
deposited with, or written notifications of adherence have been received by, the Government of the United States of 
America, on behalf of all the Governments parties to the Convention; provided, however, that Article II of this Protocol 
shall enter into force only if the Protocol Relating to Entry into Force of Proposals adopted by the Commission, done 
at Washington on November 29, 1965, has not entered into force and shall, in such case, continue in force only until 
that Protocol enters into force. 

3. Any Government becoming a party to the Convention after this Protocol enters into force shall adhere to 
this Protocol, such adherence to be effective on the same date that such Government becomes a party to the 
Convention. 

4. The Government of the United States of America shall inform all Governments signatory or adhering to 
the Convention of all ratifications and approvals deposited and adherences received and of the date this Protocol 
enters into force. 



ARTICLE IV 

1. The original of this Protocol shall be deposited with the Government of the United States of America, which 
Government shall communicate certified copies thereof to all the Gfovemments signatory or adhering to the 
Convention. 

2. This Protocol shall bear the date on which it is opened for signature and shall remain open for signature 
for a period of fourteen days thereafter, following which period it shall be open for adherence. 

IN WITNESS WHEREOF the undersigned, having deposited their respective powers, have signed this 
Protocol. 

DONE at Washington this twenty- ninth day of November 1965, in the English language. 



Protocol to the International 

Convention for the Northwest 

Atlantic Fisheries Relating to Panel 

Membership and to Regulatory 

Measures, Washington, 1969 



Done at Washington 1 October 1969 

Entered into force 15 December 1971* 

Primary source citation: 23 UST 1504, TIAS 7432 



PROTOCOL TO THE INTERNATIONAL CONVENTION 

FOR THE NORTHWEST ATLANTIC FISHERIES RELATING 

TO PANEL MEMBERSHIP AND TO REGULATORY MEASURES 

The Governments parties to the International Convention for the Northwest Atlantic Fisheries signed at 
Washington under date of 8 February 1949, which Convention as amended is hereinafter referred to as the 
Convention, desiring to establish a more appropriate basis for the determination of representation on the Panels 
established under the Convention, and desiring to provide for greater flexibility in the types of fisheries regulatory 
measures which may be proposed by the International Commission for the Northwest Atlantic Fisheries, agree as 
follows: 



ARTICLE I 

Paragraph 2 of Article IV of the Convention shall be amended to read as follows: 

"2. Panel representation shall be reviewed annually by the Commission, which shall have the power, subject 
to consultation with the Panel concerned, to determine representation on each Panel on the basis of 
current substantial exploitation of the stocks offish in the subarea concerned or on the basis of current 
substantial exploitation of harp and hood seals in the Convention Area, except that each Contracting 
Government vsrith coastline adjacent to a subarea shall have the right of representation on the Panel for 
the subarea." 

ARTICLE n 

Paragraph 2 of Article VII of the Convention shall be amended to read as follows: 

Protocol was terminated on 31 December 1979. 



Multilateral / Fisheries 1171 



Each Panel, upon the basis of scientific investigations, and economic and technical considerations, may 
make recommendations to the Commission for joint action by the Contracting Governments within the 
scope of paragraph 1 of Article VIII." 



ARTICLE in 

Paragraph 1 of Article VIII of the Convention shall be amended to read as follows: 

"1. The Commission may, on the recommendations of one or more Panels, and on the basis of scientific 
investigations, and economic and technical considerations, transmit to the Depositary Government 
appropriate proposals, for joint action by the Contracting Governments, designed to achieve the optimum 
utilization of the stocks of those species of fish which support international fisheries in the Convention 
Area." 

ARTICLE IV 

1. This Protocol shall be open for signature and ratification or approval or for adherence on behalf of any 
Government party to the Convention. 

2. This Protocol shall enter into force on the date on which instruments of ratification or approval have 
been deposited with, or written notifications of adherence have been received by, the Government of the United States 
of America, on behalf of all the Governments parties to the Convention. 

3. Any Government which adheres to the Convention after this Protocol has been opened for signature 
shall at the same time adhere to this Protocol. 

4. The Government of the United States of America shall inform all Governments signatory or adhering 
to the Convention of all ratifications or approvals deposited and adherences received and of the date this Protocol 
enters into force. 



ARTICLE V 

1. The original of this Protocol shall be deposited with the Government of the United States of America, 
which Government shall communicate certified copies thereof to all the Governments signatory or adhering to the 
Convention. 

2. This Protocol shall bear the date on which it is opened for signature and shall remain open for signature 
for a period of fourteen days thereafter, following which period it shall be open for adherence. 

IN WITNESS WHEREOF the undersigned, having deposited their respective full powers, have signed this 
Protocol. 

DONE at Washington this first day of October 1969, in the English language. 



Protocol to the International 

Convention for the Northwest Atlantic 

Fisheries Relating to Amendments to 

the Convention, Washington, 1970 



Done at Washington 6 October 1970 

Entered into force 4 September 1974* 

Primary source citation: 25 UST 2716, TIAS 7941 



PROTOCOL TO THE INTERNATIONAL CONVENTION 

FOR THE NORTHWEST ATLANTIC FISHERIES 
RELATING TO AMENDMENTS TO THE CONVENTION 

The Governments parties to the International Convention for the Northwest Atlantic Fisheries signed at 
Washington under date of February 8, 1949, which Convention, as amended, is hereinafter referred to as the 
Convention, desiring to facilitate the entry into force of amendments to the Convention, agree as follows: 



Article I 

Article XVII of the Convention is renumbered "Article XVIII" and a new Article XVII is inserted to read as 
follows: 

"Article XVII 



"1. Any Contracting Government or the Commission may propose amendments to this Convention to be 
considered and acted upon by a regular meeting of the Commission or by a special meeting of the Commission 
called in accordance with the provisions of paragraph 6 of Article II of the Convention. Any such proposed 
amendment shall be sent to the Executive Secretary at least ninety days prior to the meeting at which it is 
proposed to be acted upon, and he shall immediately transmit the proposal to all Contracting Governments 
and to all Commissioners. 

"2. A proposed amendment to the Convention shall be adopted by the Commission by a three-fourths 
majority of the votes of all Contracting Governments. The text of any proposed amendment so adopted shall 
be transmitted by the Depositary Government to all Contracting Governments. 

"3. Any amendment shall take effect for all Contracting Governments one hundred and twenty days 
following the date on the notification by the Depositary Government of receipt of written notification of approval 
by three-fourths of all Contracting Governments unless any other Contracting Government notifies the 

Protocol was terminated on 31 December 1979. 



1172 



Multilateral / Fisheries 1173 



Depositary Government that it objects to the amendment, within ninety days of the date on the notification 
by the Depositary Government of such receipt, in which case the amendment shall not take effect for any 
Contracting Government. Any Contracting Government which has objected to an amendment may at any time 
withdraw that objection. If all objections to an amendment are withdrawn, the amendment shall take effect 
for all Contracting Governments one hundred and twenty days following the date on the notification by the 
Depositary Government of receipt of the last withdrawal. 

"4. Any Government which becomes a party to the Convention after an amendment has been adopted 
in accordance with paragraph 2 of this Article shall be deemed to have approved the said amendment. 

"5. The Depositary Government shall Promptly notify all Contracting Governments of the receipt of 
notifications of approval of amendments, the receipt of notifications of objection or withdrawal of objections, 
and the entry into force of amendments." 



Article II 

1. This Protocol shall be open for signature and ratification or approval or for adherence on behalf of any 
Government party to the Convention. 

2. This Protocol shall enter into force on the date on which instruments of ratification or approval have 
been deposited with, or written notices of adherence have been received by, the Government of the United States of 
America, on behalf of all Governments parties to the Convention. 

3. Any Government which becomes a party to the Convention after this Protocol has been opened for 
signature shall at the same time adhere to this Protocol. 

4. The Government of the United States of America shall inform all Governments signatory or adhering 
to the Convention of all ratifications and approvals deposited and adherences received and of the date this Protocol 
enters into force. 

5. Any Protocol amending the Convention which has been signed but which has not entered into force at 
the date of entry into force of the present Protocol shall thereafter enter into force in accordance with the provisions 
of the present Protocol; provided, however, that, if instruments of ratification or approval or notices of adherence with 
respect to such Protocol have been received by the Depositary Government from three-fourths of all Contracting 
Governments at the time of entry into force of the present Protocol, the date on which the ninety, and one hundred 
and twenty, day periods specified in the first sentence of paragraph 3 of Article XVII shall commence with regard to 
such amendment shall be the date of entry into force of the present Protocol. 



Article III 

1. The original of this Protocol shall be deposited with the Government of the United States of America, 
which Government shall communicate certified copies thereof to all the Governments signatory or adhering to the 
Convention. 

2. This Protocol shall bear the date on which it is opened for signature and shall remain open for signature 
for a period of fourteen days thereafter, following which period it shall be open for adherence. 

IN WITNESS WHEREOF the undersigned, having deposited their respective full powers, have signed this 
Protocol. 

DONE at Washington this sixth day of October 1970, in the English language. 



Convention for the Establishment of an 
Inter-American Tropical Tuna 
Commission, Washington, 1949 



Done at Washington 31 May 1949* 

Entered into force 3 March 1950 

Depositary: United States 

Primary source citation: 1 UST 230, TIAS 2044 



CONVENTION BETWEEN THE UNITED STATES OF AMERICA 

AND THE REPUBLIC OF COSTA RICA FOR THE 

ESTABLISHMENT OF AN INTER-AMERICAN 

TROPICAL TUNA COMMISSION 

The United States of America and the Republic of Costa Rica considering their mutual interest in maintaining 
the populations of yellowfin and skipjack tuna and of other kinds offish taken by tuna fishing vessels in the eastern 
Pacific Ocean which by reason of continued use have come to be of common concern, and desiring to cooperate in the 
gathering and interpretation of factual information to facilitate maintaining the populations of these fishes at a level 
which will permit maximum sustained catches year after year, have agreed to conclude a Convention for these 
purposes and to that end have named as their Plenipotentiaries: 

The President of the United States of America: 

James E. Webb, Acting Secretary of State " ' 

Wilbert M. Chapman, Special Assistant to the Under Secretary of State 
The President of the Government of Costa Rica: 

Mario A. Esquivel, Ambassador Extraordinary and Plenipotentiary of Costa Rica 

Jorge Hazera, Counselor of the Embassy of Costa Rica 
who, having communicated to each other their full powers, found to be in good and due form, have agreed as follows: 

Article I 

1. The High Contracting Parties agree to establish and operate a joint Commission, to be known as the 
Inter-American Tropical Tuna Commission, hereinafter referred to as the Commission, which shall carry out the 



* Although this Convention was originally concluded by the Governments of the United States and Costa Rica, it is open to adherence by other nations. 



Multilateral / Fisheries 1175 



objectives of this Convention. The Commission shall be composed of national sections, each consisting of from one to 
four members, appointed by the Governments of the respective High Contracting Parties. 

2. The Commission shall submit annually to the Government of each High Contracting Party a report on 
its investigations and findings, with appropriate recommendations, and shall also inform such Governments, 
whenever it is deemed advisable, on any matter relating to the objectives of this Convention. 

3. Each High Contracting Party shall determine and pay the expenses incurred by its section. Joint expenses 
incurred by the Commission shall be paid by the High Contracting Parties through contributions in the form and 
proportion recommended by the Commission and approved by the High Contracting Parties. The proportion of joint 
expenses to be paid by each High Contracting Party shall be related to the proportion of the total catch from the 
fisheries covered by this Convention utilized by that High Contracting Party. 

4. Both the general annual program of activities and the budget of joint expenses shall be recommended by 
the Commission and submitted for approval to the High Contracting Parties. 

5. The Commission shall decide on the most convenient place or places for its headquEirters. 

6. The Commission shall meet at least once each year, and at such other times as may be requested by a 
national section. The date and place of the first meeting shall be determined by agreement between the High 
Contracting Parties. 

7. At its first meeting the Commission shall select a chairman and a secretary from different national 
sections. The chairman and the secretary shall hold office for a period of one year. During succeeding years, selection 
of the Chairman and the secretary from the national sections shall be in such a manner that the chairman and the 
secretary will be of different nationalities, and as will provide each High Contracting Party, in turn, with an 
opportunity to be represented in those offices. 

8. Each national section shall have one vote. Decisions, resolutions, recommendations, and publications of 
the Commission shall be made only by a unanimous vote. 

9. The Commission shall be entitled to adopt and to amend subsequently, as occasion may require, by-laws 
or rules for the conduct of its meetings. 

10. The Commission shall be entitled to employ necessary personnel for the performance of its functions 
and duties. 

11. Each High Contracting Party shall be entitled to establish an Advisory Committee for its section, to be 
composed of persons who shall be well informed concerning tuna fishery problems of common concern. Each such 
Advisory Committee shall be invited to attend the non-executive sessions of the Commission. 

12. The Commission may hold pubhc hearings. Each national section also may hold public hearings within 
its own country. 

13. The Commission shall designate a Director of Investigations who shall be technically competent and 
who shall be responsible to the Commission and may be freely removed by it. Subject to the instruction of the 
Commission and with its approval, the Director of Investigations shall have charge of: 

(a) the drafting of programs of investigations, and the preparation of budget estimates for the Commission; 

(b) authorizing the disbursement of the funds for the joint expenses of the Commission; 

(c) the accounting of the funds for the joint expenses of the Commission; 

(d) the appointment and immediate direction of technical and other personnel required for the functions of 
the Commission; 

(e) arrangements for the cooperation with other organizations or individuals in accordance with paragraph 
16 of this Article; 



1176 The Marine Mammal Commission Compendium 



(f) the coordination of the work of the Commission with that of organizations and individuals whose 
cooperation has been arranged for; 

(g) the draifting of administrative, scientific and other reports for the Commission; 
(h) the performance of such other duties as the Commission may require. 

14. The official languages of the Commission shall be English and Spanish, and members of the Commission 
may use either language during meetings. When requested, translation shall be made to the other language. The 
minutes, official documents, and publications of the Commission shall be in both languages, but official correspon- 
dence of the Commission may be written, at the discretion of the secretary, in either language. 

15. Each national section shall be entitled to obtain certified copies of any documents pertaining to the 
Commission except that the Commission will adopt and may amend subsequently rules to ensure the confidential 
character of records of statistics of individual catches and individual company operations. 

16. In the performance of its duties and functions the Commission may request the technical and scientific 
services of and information from, official agencies of the High Contracting Parties, and any international, public, or 
private institution or organization, or any private individual. 



Article n 

The Commission shall perform the following functions and duties: 

1. Make investigations concerning the abundance, biology, biometry, and ecology of yellowfin (Neothunnus) 
and skipjack (Katsuwonus) tuna in the waters of the eastern Pacific Ocean fished by the nationals of the High 
Contracting Parties, and the kinds of fishes commonly used as bait in the tuna fisheries, especially the anchovetta, 
and of other kinds of fish taken by tuna fishing vessels; and the effects of natural factors and human activities on 
the abundance of the populations of fishes supporting all these fisheries. 

2. Collect and analyze information relating to current and past conditions and trends of the populations of 
fishes covered by this Convention. 

3. Study and appraise information concerning methods and procedures for maintaining and increasing the 
populations of fishes covered by this Convention. 

4. Conduct such fishing and other activities, on the high seas and in waters which are under the jurisdiction 
of the High Contracting Parties, as may be necessary to attain the ends referred to in subparagraphs 1, 2, and 3 of 
this Article. 

5. Recommend from time to time, on the basis of scientific investigations, proposals for joint action by the 
High Contracting Parties designed to keep the populations of fishes covered by this Convention at those levels of 
abundance which will permit the maximum sustained catch. 

6. Collect statistics and all kinds of reports concerning catches and the operations of fishing boats, and other 
information concerning the fishing for fishes covered by this Convention, from vessels or persons engaged in these 
fisheries. 

7. Publish or otherwise disseminate reports relative to the results of its findings and such other reports as 
fall within the scope of this Convention, as well as scientific, statistical, and other data relating to the fisheries 
maintained by the nationals of the High Contracting Parties for the fishes covered by this Convention. 



Article III 

The High Contracting Parties agree to enact such legislation as may be necessary to carry out the purposes of 
this Convention. 



Multilateral / Fisheries 1177 



Article IV 

Nothing in this Convention shall be construed to modify any existing treaty or convention with regard to the 
fisheries of the eastern Pacific Ocean previously concluded by a High Contracting Party, nor to preclude a High 
Contracting Party fi-om entering into treaties or conventions with other States regarding these fisheries, the terms 
of which are not incompatible with the present Convention. 



Article V 

1. The present Convention shall be ratified and the instruments of ratification shall be exchanged at 
Washington as soon as possible. 

2. The present Convention shall enter into force on the date of exchange of ratifications. 

3. Any government, whose nationals participate in the fisheries covered by this Convention, desiring to 
adhere to the present Convention, shall address a communication to that effect to each of the High Contracting 
Parties. Upon receiving the unanimous consent of the High Contracting Parties to adherence, such government shall 
deposit with the Government of the United States of America an instrument of adherence which shall stipulate the 
effective date thereof The Government of the United States of America shall furnish a certified copy of the Convention 
to each government desiring to adhere thereto. Each adhering government shall have all the rights and obligations 
under the Convention as if it had been an original signatory thereof 

4. At any time after the expiration often years from the date of entry into force of this Convention any High 
Contracting Party may give notice of its intention of denouncing the Convention. Such notification shall become 
effective with respect to such notifying government one year after its receipt by the Government of the United States 
of America. After the expiration of the said one year period the Convention shall be effective only with respect to the 
remaining High Contracting Parties. 

5. The Government of the United States of America shall inform the other High Contracting Parties of all 
instruments of adherence and of notifications of denunciation received. 

In witness whereof the respective Plenipotentiaries have signed the present Convention. 

Done at Washington, in duplicate, in the English and Spanish languages, both texts being equally authentic, 
this 31st day of May, 1949. 

embassy of costa mca 

, washington 

March 3, 1950. 

His Excellency 
Dean Acheson, 
Secretary of State, 
Washington, D. C. 

N° 1579 

Excellency: 

I have the honor to refer to the Convention between the Republic of Costa Rica and the United States of America 
for the Establishment of an Inter-American Tropical Tuna Commission, signed at Washington, D. C, on May 31, 
1949, which entered into force this day, and to inform Your Excellency of the desire of my Government to place on 
record the understanding of our two Governments with respect to the manner in which certain provisions of that 
Convention shall be applied. Accordingly, I take pleasure in informing you that, without prejudice to the provisions 
and purposes of the Convention under reference, the understanding of my Government in regard to this matter is 
that which I set forth to you as follows. 



1178 The Marine Mammal Commission Compendiuj 



With respect to Article I, paragraph 3, of the Convention, which establishes the proportion of joint expenses 
to be paid by each High Contracting Party, it is understood that "the proportion of the total catch from the fisheries 
covered by this Convention utilized by that High Contracting Party" shall be the part of the total catch which is used 
for domestic consumption in the territory of that High Contracting Party or is the object of commercial transactions 
the financial benefits of which accrue entirely or in their major portion to individuals or firms whose proprietors or 
stockholders are domiciled in the territory of that High Contracting Party. 

With respect to Article II, paragraph 4, of the Convention, it is understood that the Inter-American Tropical 
Tuna Commission is authorized to engage in fishing and other activities for scientific research exclusively and that 
no commercial ventures by the Commission are contemplated. 

It is further understood that, notwithstanding the specific powers conferred upon the Commission, nothing in 
the Convention shall be interpreted as a relinquishment of or a limitation upon the sovereignty of a High Contracting 
Party over waters under its jurisdiction. 

My Government also desires to state that it recognizes as the authentic Spanish text of the Convention that 
contained in the Convention as signed, but at the same time recognizes that certjiin of its provisions might have been 
worded more clearly in the followdng form: 

Article I, paragraph 1. 

"The High Contracting Parties agree to establish and maintain a Joint Commission to be known as the 
Inter-American Tropical Tuna Commission, which will hereinafter be called the Commission, which shall carry into 
effect the objectives of this Convention. The Commission shall be made up of national sections, each of which shall 
include from one to four members appointed by the Governments of the respective High Contracting Parties." 

Article I, paragraph 3. 

"Each of the High Contracting Parties shall determine and pay the expenses incurred by its respective section. 
The joint expenses incurred by the Commission shall be covered by the High Contracting Parties through contribu- 
tions in such form and proportion as the Commission may recommend and the High Contracting Parties may approve. 
The proportion of the joint expenses to be paid by each of the High Contracting Parties shall be in relation to the 
proportion of the total catch from the fisheries covered by this Convention utilized by that High Contracting Party." 

Article I, paragraph 8. 

"Each national section shall have the right to one vote. The decisions, resolutions, recommendations and 
publications of the Commission must be approved by a unanimous vote. 

Article IV. 

"Nothing in the Convention shall be interpreted as changing any existing treaty or convention relating to the 
fisheries of the Eastern Pacific previously signed by one of the High Contracting Parties, nor as preventing a High 
Contracting Party from entering into treaties or conventions with other States relating to such fisheries, provided 
their terms are not incompatible with this Convention." 

I avail myself of this opportunity to express to Your Excellency my highest consideration. 

Mario Echandi 

DEPARTME^^^ of State 

Washington 



March 3, 1950 

His Excellency 

Sefior Don Mario Echandi, 

Appointed Ambassador of Costa Rica. 

Excellency: 

I have the honor to refer to your note No. 1579 of March 3, 1950 regarding the Convention between the United 
States of America and the Republic of Costa Rica for the Establishment of an Inter-American Tropical Tuna 
Commission, signed at Washington May 31, 1949, which entered into force this day, and the desire of your Government 
to place on record the understanding of our Governments with respect to the manner in which certain provisions of 



Multilateral / Fisheries 1179 



that Convention shall be applied. Accordingly, I take pleasure in informing you that, without prejudice to the 
provisions or purposes of the Convention under reference, my Government concurs in the understanding set forth in 
your note as follows: 

With respect to Article I, paragraph 3, of the Convention, which establishes the proportion of joint expenses 
to be paid by each High Contracting Party, it is understood that "the proportion of the total catch from the fisheries 
covered by this Convention utilized by that High Contracting Party" shall be the part of the total catch which is used 
for domestic consumption in the territory of that High Contracting Party or is the object of commercial transactions 
the financial benefits of which accrue entirely or in their major portion to individuals or firms whose proprietors or 
stockholders are domiciled in the territory of that High Contracting Party. 

With respect to Article II, subparagraph 4, of the Convention, it is understood that the Inter-American Tropical 
Tuna Commission is authorized to engage in fishing and other activities for scientific research exclusively and that 
no commercial ventures by the Commission are contemplated. 

It is further understood that, notwdthstanding the specific powers conferred upon the Commission, nothing in 
the Convention shall be interpreted as a relinquishment of or a limitation upon the sovereignty of a High Contracting 
Party over waters under its jurisdiction. 

My Government has also taken note of your statement that certain provisions of the Spanish text might have 
been more clearly expressed but that your Government recognizes that the authentic Spanish text of the Convention 
is that contained in the Convention as signed. 

Accept, Excellency, the renewed assurances of my highest consideration. 

Dean Acheson 



Agreement Concerning Measures for 

the Protection of the Stocks of Deep-Sea 

Prawns (Pandalus borealis), European 

Lobsters (Homarus vulgaris)^ Norway 

Lobsters (Nephrops norvegicus) and 

Crabs (Cancer pagarus), Oslo, 1952 



Done at Oslo 7 March 1952 

Entered into force 26 January 1953 

Depositary: Norway 

Primary source citation: 175 UNTS 207 



[Translation] 



AGREEMENT BETWEEN THE GOVERNMENTS OF NORWAY, 

DENMARK AND SWT^DEN CONCERNING MEASURES FOR 

THE PROTECTION OF STOCKS OF DEEP-SEA PRAWNS 

(PANDALUS BOREALIS), EUROPEAN LOBSTERS (HOMARUS 

VULGARIS), NORWAY LOBSTERS (NEPHROPS 

NORVEGICUS) AND CRABS (CANCER PAGURUS) 

The Governments of Denmark, Norway and Sweden, being desirous of concluding an agreement relating to 
measures for the protection of stocks of deep-sea prawns (Pandalus borealis), European lobsters (Homarus vulgaris), 
Norway lobsters (Nephrops norvegicus) and crabs (Cancer Pagurus), have agreed as follows: 

Article 1 

The area to which this Agreement applies shall include all waters bounded on the west by a line from Lindesnes 
light to Hanstholm light and on the east by the 13th meridian east of Greenwich. 



Multilateral / Fisheries 1181 



Article 2 

No vessel may use or have on board any prawn trawl which does not comply with the provisions of article 3 of 
this Agreement. 

Article 3 

The minimum size of the mesh of a prawn trawl shall be such that a flat measure 30 mm. wide and 2 mm. 
thick can be easily passed between the meshes when the trawl is wet and spread out lengthwise. 

Article 4 

No vessel shall keep on board any Norway lobsters (Nephrops norvegicus) under 15 cm. in length measured 
from the tip of the frontal horn to the anterior fixed side of the middle swimming appendage. 

Article 5 

The provisions of this Agreement shall not apply to fishery research conducted by, or with the consent of, the 
public authorities. 

Article 6 

The Contracting Governments agree to take such action and make such regulations as are necessary to give 
effect to the provisions of this Agreement, including the provisions which prohibit the landing or selling in their 
territories of Norway lobsters under the prescribed minimum. 

Article 7 

A commission shall be set up consisting of two representatives (one representative for scientific research in 
fishing and one for the fishing industry) from each of the Contracting Parties. The purpose of the commission shall 
be to attempt to co-ordinate the scientific and practical research conducted by the various countries with regard to 
stocks of prawns, European lobsters, Norway lobsters and crabs in the area to which the Agreement applies. The 
commission shall also, on the basis of available information, consider whether there are grounds for modifying existing 
measures for the protection of stocks of the aforementioned shell-fish or for introducing other measures, and, as the 
circumstances require, shall make appropriate recommendations to the Contracting Governments. The commission 
shall itself determine its procedure and when it shall meet. The first meeting of the commission shall be called by 
the Norwegian Government. 

Article 8 

This Agreement shall be ratified and shall come into force two months after the instruments of ratification are 
deposited with the Norwegian Government, which shall inform the Contracting Governments of the deposit of the 
ratifications and of the date on which the Agreement is to come into force. 

Article 9 

After three years from its coming into force, this Agreement may be denounced by a notice in writing addressed 
to the Norwegian Government. The denunciation shall take effect in respect of the Government concerned six months 
after the date of receipt. Notice of the denunciation shall be given to all the Contracting Parties by the Norwegian 
Government. 

DONE at Oslo on 7 March 1952 in one copy which shall be deposited with the Norwegian Government. The 
latter shall send certified copies to the Danish and the Swedish Governments. 



Protocol to the Agreement Concerning 

Measures for the Protection of the 

Stocks of Deep-Sea Prawns 

(Pandalus borealis), European Lobsters 

(Homarus vulgaris)^ Norway Lobsters 

(Nephrops norvegicus) and Crabs 

(Cancer pagarus), Oslo, 1959 



Done at Oslo 14 October 1959 

Entered into force 14 October 1959 

Primary source citation: Copy of text provided by the 
United Nations 



Protocol Amending the Agreement Concerning Measures 

for the Protection of the Stocks of Deep-Sea Prawns 

(Pandalus borealis), European Lobsters (Homarus vulgaris)^ 

Norway Lobsters (Nephrops norvegicus) and Crabs 

(Cancer pagarus), Oslo, 7 March 1952 

The Governments of Denmark, Norway and Sweden, upon the recommendation of the Danish-Norwegiein- 
Swedish Crustaceans Commission, have agreed that article 4 of the Agreement of 7 March 1952 concerning measures 
for the protection of deep sea prawns (Pandalus borealis), European Lobsters (Homarus vulgaris), Norway Lobsters 
(Nephrops norvegicus) and Crabs (Cancer pagarus) shall be amended by reducing the minimum length for Norway 
lobsters (Nephrops norvegicus) from 15 cm to 13 cm. 

This Protocol of amendment shall come into force on the date of signature. 

In witness whereof the undersigned, being duly authorized thereto, have signed this Protocol in one copy. It 
shall be deposited vnth the Norwegian Crovernment, which shall send certified copies to the Danish and Swedish 
Governments. 

Done at Oslo on 14 October 1959. 



1182 



International Convention for the 

High Seas Fisheries of the North 

Pacific Ocean, Tokyo, 1952 



Done at Tokyo 9 May 1952 

Entered into force 12 June 1953* 

Depositary: Japan 

Primary source citation: 4 UST 380, TIAS 2786 



INTERNATIONAL CONVENTION FOR THE HIGH SEAS 
FISHERIES OF THE NORTH PACIFIC OCEAN 

The Governments of the United States of America, Canada and Japan, whose respective duly accredited 
representatives have subscribed hereto, 

Acting as sovereign nations in the Ught of their rights under the principles of international law and custom to 
exploit the fishery resources of the high seas, and 

Believing that it will best serve the common interest of mankind, as well as the interests of the Contracting Parties, 
to ensure the maximum sustained productivity of the fishery resources of the North Pacific Ocean, and that each of the 
Parties should assume an obligation, on a free and equal footing, to encourage the conservation of such resources, and 

Recognizing that in view of these considerations it is highly desirable (1) to establish an International 
Commission, representing the three Parties hereto, to promote and coordinate the scientific studies necessary to 
ascertain the conservation measures required to secure the maximum sustained productivity of fisheries of joint 
interest to the Contracting Parties and to recommend such measures to such Parties and (2) that each Party carry 
out such conservation recommendations, and provide for necessary restraints on its own nationals and fishing vessels. 

Therefore agree as follows: 



Article I 

1. The area to which this Convention applies, hereinafter referred to as "the Convention area", shall be all 
waters, other than territorial waters, of the North Pacific Ocean which for the purposes hereof shall include the 
adjacent seas. 

2. Nothing in this Convention shall be deemed to affect adversely (prejudice) the claims of any Contracting 
Party in regard to the limits of territorial waters or to the jurisdiction of a coastal state over fisheries. 



• This Convention was tenninated on 21 February 1993. 



1184 The Marine Mammal Commission Compendium 



3. For the purposes of this Convention the term "fishing vessel" shall mean any vessel engaged in catching 
fish or processing or transporting fish loaded on the high seas, or any vessel outfitted for such activities. 



Article II 

1. In order to realize the objectives of this Convention, the Contracting Parties shall establish and maintain 
the International North Pacific Fisheries Commission, hereinafter referred to as "the Commission." 

2. The Commission shall be composed of three national sections, each consisting of not more than four 
members appointed by the governments of the respective Contracting Parties. 

3. Each national section shall have one vote. All resolutions, recommendations and other decisions of the 
Commission shall be made only by a unanimous vote of the three national sections except when under the provisions 
of Article III, Section 1 (c) (ii) only two participate. 

4. The Commission may decide upon and amend, as occasion may require, by-laws or rules for the conduct 
of its meetings. 

5. The Commission shall meet at least once each year and at such other times as may be requested by a 
majority of the national sections. The date and place of the first meeting shall be determined by agreement between 
the Contracting Parties. 

6. At its first meeting the Commission shall select a Chairman, Vice-Chairman and Secretary from different 
national sections. The Chairman, Vice-Chairman and Secretary shall hold office for a period of one year. During 
succeeding years selection of a Chairman, Vice-Chairman and Secretary from the national sections shall be made in 
such a manner as will provide each Contracting Party in turn with representation in those offices. 

7 . The Commission shall decide on a convenient place for the establishment of the Commission's headquarters. 

8. Each Contracting Party may establish an Advisory Committee for its national section, to be composed of 
persons who shall be well informed concerning North Pacific fishery problems of common concern. Each such Advisory 
Committee shall be invited to attend all sessions of the Commission except those which the Commission decides to 
be in camera. 

9. The Commission may hold public hearings. Each national section may also hold public hearings within 
its own country. 

10. The official languages of the Commission shall be Japanese and English. Proposals and data may be 
submitted to the Commission in either language. 

11. Each Contracting Party shall determine and pay the expenses incurred by its national section. Joint 
expenses incurred by the Commission shall be paid by the Commission through contributions made by the Contracting 
Parties in the form and proportion recommended by the Commission and approved by the Contracting Parties. 

12. An annual budget of joint expenses shall be recommended by the Commission and submitted to the 
Contracting Parties for approval. 

13. The Commission shall authorize the disbursement of funds for the joint expenses of the Commission 
and may employ personnel and acquire facilities necessary for the performance of its functions. 



Multilateral / Fisheries 1185 

Article III 

1. The Commission shall perform the following functions: 

(a) In regard to any stock offish specified in the Annex, study for the purpose of determining annually whether 
such stock continues to qualify for abstention under the provisions of Article IV. If the Commission 
determines that such stock no longer meets the conditions of Article IV, the Commission shall recommend 
that it be removed from the Annex. Provided, however, that with respect to the stocks of fish originally 
specified in the Annex, no determination or recommendation as to whether such stock continues to qualify 
for abstention shall be made for five years after the entry into force of this Convention. 

(b) To permit later additions to the Annex, study, on request of a Contracting Party, any stock offish of the 
Convention area, the greater part of which is harvested by one or more of the Contracting Parties, for 
the purpose of determining whether such stock qualifies for abstention under the provisions of Article IV 
If the Commission decides that the particular stock fulfills the conditions of Article IV it shall 
recommend, (1) that such stock be added to the Annex, (2) that the appropriate Party or Parties abstain 
from fishing such stock and (3 ) that the Party or Parties participating in the fishing of such stock 
continue to carry out necessary conservation measures. 

(c) In regard to any stock of fish in the Convention area; 

(i) Study, on request of any Contracting Party concerned, any stock offish which is under substantial 
exploitation by two or more of the Contracting Parties, and which is not covered by a conservation 
agreement between such Parties existing at the time of the conclusion of this Convention, for the purpose 
of determining need for joint conservation measures; 

(ii) Decide and recommend necessary joint conservation measures including any relaxation thereof 
to be taken as a result of such study. Provided, however, that only the national section of the Contracting 
Parties engaged in substantial exploitation of such stock of fish may participate in such decision and 
recommendation. The decisions and recommendations shall be reported regularly to all the Contracting 
I Parties, but shall apply only to the Contracting Parties the national section of which participated in the 

decisions and recommendations. 

(iii) Request the Contracting Party or Parties concerned to report regularly the conservation meas- 
ures adopted from time to time with regard to the stocks of fish specified in the Annex, whether or not 
covered by conservation agreements between the Contracting Parties, and transmit such information 
to the other Contracting Party or Parties. 

(d) Consider and make recommendations to the Contracting Parties concerning the enactment of schedules 
of equivalent penalties for violations of this Convention. 

(e) Compile and study the records provided by the Contracting Parties pursuant to Article VIII. 

(f) Submit annually to each Contracting Party a report on the Commission's operations, investigations and 
findings, with appropriate recommendations, and inform each Contracting Party, whenever it is deemed 
advisable, on any matter relating to the objectives of this Convention. 

2. The Commission may take such steps, in agreement with the Parties concerned, as will enable it to 
determine the extent to which the undertakings agreed to by the Parties under the provisions of Article V, Section 2 
and the measures recommended by the Commission under the provisions of this Article and accepted by the Parties 
concerned have been effective. 

3. In the performance of its functions, the Commission shall, insofar as feasible, utilize the technical and 
scientific services of, and information from, official agencies of the Contracting Parties and their political sub-divisions 
and may, when desirable and if available, utilize the services of, and information from, any public or private institution 
or organization or any private individual. 



1186 The Marine Mammal Commission Compendium 



Article IV 

1 . In making its recommendations the Commission shall be guided by the spirit and intent of this Convention 
and by the considerations below mentioned. 

(a) iVny conservation measures for any stock offish decided upon under the provisions of this Convention 
.jhall be recommended for equal application to all Parties engaged in substantial exploitation of such 

; ; stock. 

(b) With regard to any stock of fish which the Commission determines reasonably satisfies all the following 
conditions, a recommendation shall be made as provided for in Article III, Section 1 (b). 

(i) Evidence based upon scientific research indicates that more intensive exploitation of the stock will 
not provide a substantial increase in yield which can be sustained year after year, 

(ii) The exploitation of the stock is limited or otherwise regulated through legal measures by each 
Party which is substantially engaged in its exploitation, for the purpose of maintaining or increasing 
its maximum sustained productivity; such limitations and regulations being in accordance with 
conservation programs based upon scientific research, and 

(iii) The stock is the subject of extensive scientific study designed to discover whether the stock is 
being fully utilized and the conditions necessary for maintaining its maximum sustained productivity. 

Provided, however, that no recommendation shall be made for abstention by a Contracting Party concerned 
with regard to: (1) any stock offish which at any time during the twenty-five years next preceding the entry into force 
of this Convention has been under substantial exploitation by the Party having regard to the conditions referred to 
in Section 2 of this Article; (2) any stock offish which is harvested in greater part by a country or countries not party 
to this Convention; (3) waters in which there is historic intermingling of fishing operations of the Parties concerned, 
intermingling of the stocks offish exploited by these operations, and a long-established history of joint conservation 
and regulation among the Parties concerned so that there is consequent impracticability of segregating the operations 
and administering control. It is recognized that the conditions specified in subdivision (3) of this proviso apply to 
Canada and the United States of America in the waters off the Pacific Coasts of the United States of America and 
Canada from and including the waters of the Gulf of Alaska southward and, therefore, no recommendation shall be 
made for abstention by either the United States of America or Canada in such waters. 

2. In any decision or recommendation allowances shall be made for the effect of strikes, wars, or exceptional 
economic or biological conditions which may have introduced temporary declines in or suspension of productivity, 
exploitation, or management of the stock offish concerned. 



Article V 

1. The Annex attached hereto forms an integral part of this Convention. All references to "Convention" shall 
be understood as including the said Annex either in its present terms or as amended in accordance with the provisions 
of Article VII. 

2. The Contracting Parties recognize that any stock of fish originally specified in the Annex to this 
Convention fulfills the conditions prescribed in Article IV and accordingly agree that the appropriate Party or Parties 
shall abstain from fishing such stock and the Party or Parties participating in the fishing of such stock shall continue 
to carry out necessary conservation measures. 



Article VI 

In the event that it shall come to the attention of any of the Contracting Parties that the nationals or fishing 
vessels of any country which is not a Party to this Convention appear to affect adversely the operations of the 
Commission or the carrying out of the objectives of this convention, such Party shall call the matter to the attention 



Multilateral / Fisheries 1187 



of other Contracting Parties. All the Contracting Parties agree upon the request of such Party to confer upon the 
steps to be taken towards obviating such adverse effects or relieving any Contracting Party from such adverse effects. 



Article VII 

1. The Annex to this Convention shall be considered amended from the date upon which the Commission 
receives notification from all the Contracting Parties of acceptance of a recommendation to amend the Annex made 
by the Commission in accordance with the provisions of Article III, Section 1 or of the Protocol to this Convention. 

2. The Commission shall notify all the Contracting Parties of the date of receipt of each notification of 
acceptance of an amendment to the Annex. 



Article VIII 

The Contracting Parties agree to keep as far as practicable all records requested by the Commission and to 
furnish compilations of such records and other information upon request of the Commission. No Contracting Party 
shall be required hereunder to provide the records of individual operations. 



Article IX 

1. The Contracting Parties agree as follows: 

(a) With regard to a stock offish from the exploitation of which any Contracting Party has agreed to abstain, 
the nationals and fishing vessels of such Contracting Party are prohibited from engaging in the 
exploitation of such stock of fish in waters specified in the Annex, and from loading, processing, 
possessing, or transporting such fish in such waters. 

(b) With regard to a stock of fish for which a Contracting Party has agreed to continue to carry out 
conservation measures, the nationals and fishing vessels of such Party are prohibited from engaging in 
fishing activities in waters specified in the Annex in violation of regulations established under such 
conservation measures. 

2. Each Contracting Party agrees, for the purpose of rendering effective the provisions of this Convention, 
to enact and enforce necessary laws and regulations, with regard to its nationals and fishing vessels, with appropriate 
penalties against violations thereof and to transmit to the Commission a report on any action taken by it wdth regard 
thereto. 

Article X 

1. The Contracting Parties agree, in order to carry out faithfully the provisions of this Convention, to 
cooperate with each other in taking appropriate and effective measures and accordingly agree as follows: 

(a) When a fishing vessel of a Contracting Party has been found in waters in which that Party has agreed 
to abstain from exploitation in accordance with the provisions of this Convention, the duly authorized 
officials of any Contracting Party may board such vessel to inspect its equipment, books, documents, 
and other articles and question the persons on board. 

Such officials shall present credentials issued by their respective Governments if requested by the 
master of the vessel. 

(b) When any such person or fishing vessel is actually engaged in operations in violation of the provisions 
of this Convention, or there is reasonable ground to believe was obviously so engaged immediately prior 
to boarding of such vessel by any such official, the latter may arrest or seize such person or vessel. In 



1188 The Marine Mammal Commission Compendium 



that case, the Contracting Party to which the official belongs shall notify the Contracting Party to which 
; such person or vessel belongs of such arrest or seizure, and shall deliver such vessel or persons as 

promptly as practicable to the authorized officials of the Contracting Party to which such vessel or person 
belongs at a place to be agreed upon by both Parties. Provided, however, that when the Contracting 
Party which receives such notification cannot immediately accept delivery and makes request, the 
Contracting Party which gives such notification may keep such person or vessel under surveillance 
within its own territory, under the conditions agreed upon by both of the Contracting Parties. 

(c) Only the authorities of the Party to which the above-mentioned person or fishing vessel belongs may 
try the offense and impose penalties therefor. The witnesses and evidence necessary for establishing the 
offense, so far as they are under the control of any of the Parties to this Convention, shall be furnished 
as promptly as possible to the Contracting Party having jurisdiction to try the offense. 

2. With regard to the nationals or fishing vessels of one or more Contracting Parties in waters with respect 
to which they have agreed to continue to carry out conservation measures for certain stocks offish in accordance with 
the provisions of this Convention, the Contracting Parties concerned shall carry out enforcement severally or jointly. 
In that case, the Contracting Parties concerned agree to report periodically through the Commission to the 
Contracting Party which has agreed to abstain from the exploitation of such stocks of fish on the enforcement 
conditions, and also, if requested, to provide opportunity for observation of the conduct of enforcement. 

3. The Contracting Parties agree to meet, during the sixth year of the operation of this Convention, to review 
the effectiveness of the enforcement provisions of this Article and, if desirable, to consider means by which they may 
more effectively be carried out. 



Article XI 

1. This Convention shall be ratified by the Contracting Parties in accordance with their respective 
constitutional process and the instruments of ratification shall be exchanged as soon as possible at Tokyo. 

2. This Convention shall enter into force on the date of the exchange of ratifications. It shall continue in 
force for a period of ten years and thereafter until one year from the day on which a Contracting Party shall give 
notice to the other Contracting Parties of an intention of terminating the Convention, whereupon it shall terminate 
as to all Contracting Parties. 

In witness whereof, the respective Plenipotentiaries, duly authorized, have signed the present Convention. 

Done in triplicate, in the English and Japanese languages, both equally authentic, at Tbkyo this ninth day of 
May, one thousand nine hundred fifty-two. 



Annex 

1. With regard to the stocks offish in the respective waters named below, Japan agrees to abstain from fishing, 
and Canada and the United States of America agree to continue to carry out necessary conservation measures, in 
accordance with the provisions of Article V, Section 2 of this Convention: 

(a) Halibut {Hippoglossus stenolepis) 

The Convention area off the coasts of Canada and the United States of America in which commercial 
fishing for halibut is being or can be prosecuted. Halibut referred to herein shall be those originating 
along the coast of North America. 

(b) Herring (Clupea pallasii) 

The Convention area off the coasts of Canada and the United States of America, exclusive of the Bering 
Sea and of the waters of the North Pacific Ocean west of the meridian passing through the extremity of 
the Alaskan Peninsula, in which commercial fishing for herring of North America origin is being or can 
be prosecuted. 



Multilateral / Fisheries 1189 



(c) Salmon (Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus kisutch, Oncorhynchus nerka, 
Oncorhynchus tschawytscha) 

The Convention area off the coasts of Canada and the United States of America, exclusive of the Bering 
Sea and of the waters of the North Pacific Ocean west of a provisional line following the meridian passing 
through the western extremity of Atka Island; in which commercial fishing for salmon originating in 
the rivers of Canada and the United States of America is being or can be prosecuted. 

2. With regard to the stocks offish in the waters names below, Canada and Japan agree to abstain from fishing, 
and the United States of America agrees to continue to carry out necessary conservation measures, in accordance 
with the provisions of Article V, Section 2 of this Convention: 

Salmon {Oncorhynchus gorbuscha, Oncorhynchus keta, Oncorhynchus kisutch, Oncorhynchus nerka and 
Oncorhynchus tschawytscha) 

The Convention area of the Bering Sea east of the line starting from Cape Prince of Wales on the west coast 
of Alaska, running westward to 168°58'22.59" West Longitude; thence due south to a point 65°15'00" North 
Latitude; thence along the great circle course which passes through 51° North Latitude and 167° East 
Longitude, to its intersection with meridian 175° West Longitude; thence south along a provisional line which 
follows this meridian to the territorial waters limit of Atka Island; in which commercial fishing for salmon 
originating in the rivers of the United States of America is being or can be prosecuted. 



Protocol to the International 
Convention for the High Seas Fisheries 
of the North Pacific Ocean, Tokyo, 1952 



Done at Tokyo 9 May 1952 

Entered into force 12 June 1953* 

Primary source citation: 4 UST 393, TIAS 2786 



PROTOCOL TO THE INTERNATIONAL CONVENTION FOR 
THE HIGH SEAS FISHERIES OF THE NORTH PACIFIC OCEAN 

The Governments of the United States of America, Canada and Japan, through their respective Plenipotenti- 
aries, agree upon the following stipulation in regard to the International Convention for the High Seas Fisheries of 
the North Pacific Ocean, signed at Tokyo on this ninth day of May, nineteen hundred fiifty-two. 

The Governments of the United States of America, Canada and Japan agree that the line of meridian 175° West 
Longitude and the line following the meridian passing through the western extremity of Atka Island, which have 
been adopted for determining the areas in which the exploitation of salmon is abstained or the conservation measures 
for salmon continue to be enforced in accordance with the provisions of the Annex to this Convention, shall be 
considered as provisional lines which shall continue in effect subject to confirmation or readjustment in accordance 
with the procedure mentioned below. 

The Commission to be established under the Convention shall, as expeditiously as practicable, investigate the 
waters of the Convention area to determine if there are areas in which salmon originating in the rivers of Canada 
and of the United States of America intermingle with salmon originating in the rivers of Asia. If such areas are found 
the Commission shall conduct suitable studies to determine a line or lines which best divide salmon of Asiatic origin 
and salmon of Canadian and United States of America origin, from which certain Contracting Parties have agreed 
to abstain in accordance with the provisions of Article V, Section 2, and whether it can be shown beyond a reasonable 
doubt that this line or lines more equitably divide such salmon than the provisional lines specified in sections 1(c) 
and 2 of the Annex. In accordance with these determinations the Commission shall recommend that such provisional 
lines be confirmed or that they be changed in accordance with these results, giving due consideration to adjustments 
required to simplify administration. 

In the event, however, the Commission fails writhin a reasonable period of time to recommend unanimously 
such line or lines, it is agreed that the matter shall be referred to a special committee of scientists consisting of three 
competent and disinterested persons, no one of whom shall be a national of a Contracting Party, selected by mutual 
agreement of all Parties for the determination of this matter. 

It is further agreed that when a determination has been made by a majority of such special committee, the 
Commission shall make a recommendation in accordance therewith. 

The Governments of the United States of America, Canada and Japan, in signing this Protocol, desire to make 
it clear that the procedure set forth herein is designed to cover a special situation. It is not, therefore, to be considered 
a precedent for the final resolution of any matters which may, in the future, come before the Commission. 



•This Protocol was terminated on 21 February 1993. 



Multilateral / Fisheries 1191 

This Protocol shall become effective from the date of entry into force of the said Convention. 

In witness whereof, the respective Plenipotentiaries have signed this Protocol. 

Done in triplicate at Tokyo this ninth day of May, one thousand nine hundred fifty-two. 



Amendment to the International 
Convention for the High Seas Fisheries 
of the North Pacific Ocean, Seattle, 1959 



Done at Seattle 7 November 1959 

Entered into force 24 May 1960* 

Primary source citaHon: 11 UST 1503, TIAS 4493 



INTERNATIONAL NORTH PACIFIC FISHERIES COMMISSION 

ESTABLISHED BY CONVENTION BETWEEN CANADA, JAPAN AND THE UNITED STATES FOR THE 
CONSERVATION OF THE FISHERIES RESOURCES OF THE NORTH PACIFIC OCEAN 

OFFICES: 

6640 N.W. MARINE DRIVE 

VANCOUVER 8, B.C. 

Phone CAstle 4-0722 
Cable Address: 

"northcom" 

secretariat: 

roy i. jackson 

Executive Director 

DR. HIROSHI KASAHARA 

Assistant Director 



May 9, 1960 

The Honorable CHRISTIAN Herter, 
Secretary of State, 
Washington 25, D.C. 

DeaeSir, 

Under date of November 12, 1959, I had the honour to transmit to the Governments of the United States, 
Canada and Japan a recommendation made by the International North Pacific Fisheries Commission to the effect 
that Alaskan herring be removed from the Annex to the International Convention for the High Seas Fisheries of the 
North Pacific Ocean. 

Subsequently, the Commission received replies from the three Contracting Parties to the effect that the 
recommendation was acceptable to their Governments. However, the acceptance from your Government contained 
the view that the action recommended by the Commission would not become effective until all of the Contracting 
Parties had accepted appropriate language for the amendment of the Annex to the Convention. Your Government 
assumed that the Commission would wish to recommend such language. 



* This Amendment was terminated on 2 April 1962. It v 



eplaced by the Amendment of 11 November 1961 (see page 1194). 



Multilateral / Fisheries 1193 



The Commission, in accordance with the provisions of Article VII of the Convention, therefore recommends 
that paragraph 1 section (b) of the Annex to the Convention be amended (by replacement of the present wording) to 
read as follows: 

"(b) Herring (Clupea paliasii). The Convention area off the coast of Canada and off the coast of the United 
States of America south of the entrance to the Strait of Juan de Fuca in which commercial fishing for herring 
of North American origin is being or can be prosecuted." 

Attached to this letter and marked by my signature and the date of this letter, is the Japanese-language version 
of the above recommendation, equally authentic. 

In order that the procedure envisaged by Article VII of the Convention may be completed at the earliest possible 
moment, the Commission would appreciate a prompt response to its recommendation. 

With assurances of our highest esteem. 

Yours sincerely, 

INTERNATIONAL NORTH PACIFIC FISHERIES COMMISSION 

Roy I. Jackson, 
Executive Director. 



Amendment to the International 
Convention for the High Seas Fisheries 
of the North Pacific Ocean, Tokyo, 1961 



Done at Tokyo 11 November 1961 

Entered into force 2 April 1962* 

Primary source citation: 13 UST 372, TIAS 4992 



INTERNATIONAL NORTH PACIFIC FISHERIES COMMISSION 

ESTABLISHED BY CONVENTION BETWEEN CANADA, JAPAN AND THE UNITED STATES FOR THE 
CONSERVATION OF THE FISHERIES RESOURCES OF THE NORTH PACIFIC OCEAN 

OFFICES: 

6640 N.W. MARINE DRIVE 

VANCOUVER 8, B.C. 

Phone CAstle 4-0722 

Cable Address: 

"northcom" 

secretariat: 

roy i. jackson 

executive director 

HIROSHI KASAHARA 
ASSISTANT DIRECTOR 



December 1, 1961. 

The Honourable Dean RuSK, 
Secretary of State, 
Washington 25, D.C. 

Dear Sir, 

On behalf of the International North Pacific Fisheries Commission, I have the honour to transmit to your 
Government the following recommendation with respect to the removal of herring off the coast of the United States 
of America south of the entrance to the Strait of Juan de Fuca from the Annex to the International Convention for 
the High Seas Fisheries of the North Pacific Ocean: 

"Whereas the International North Pacific Fisheries Commission, in performing the functions described in 
Article III (1) (a) of the Convention, has determined that the herring stocks off the coast of the United States 
of America south of the entrance to the Strait of Juan de Fuca no longer meet the conditions of Article TV of 
the Convention, it is recommended: 

1. That the stocks of herring described above be removed from the Annex to the International Convention 
for the High Seas Fisheries of the North Pacific Ocean. 

* This Amendment was terminated on 8 May 1963. It was replaced by the Amendment of 17 November 1962 (see page 1 196). 



Multilateral / Fisheries 1195 



2. That, in order to accomplish the above, and in accordance with the provisions of Article VII of the 
Convention, that paragraph 1, section (b) of the Annex to the Convention (as amended on May 24, 1960) 
be amended to read as follows: 

(b) Herring (Clupea pallasii) 

The Convention area off the coast of Canada in which commercial fishing for herring of Canadian origin 
is being or can be prosecuted." 

The above recommendation was adopted by the Commission during the course of its Eighth Annual Meeting, 
at a plenary session held on November 11, 1961. 

Kindly note that the paragraph beginning "(b)" above contains the Commission's proposal for language to 
amend the Annex to the Convention. Since the Convention is written in two equally authentic languages, Japanese 
and English, I have attached to this letter a copy of the proposed amendment to the Annex in Japanese. This proposed 
amendment is identified by my signature and the date of this letter. 

The Commission would appreciate being advised of the views of your Government on the acceptance of its 
recommendations. 

With assurances of our highest esteem. 

Yours very truly, 

INTERNATIONAL NORTH PACIFIC FISHERIES COMMISSION 

Roy I. Jackson, 
Executive Director. 

Att. 



Amendments to the International 
Convention for the High Seas Fisheries 
of the North Pacific Ocean, Seattle, 1962 



Done at Seattle 17 November 1962 

Entered into force 8 May 1963* 

Primary source citation: 14 UST 953, TIAS 5385 



INTERNATIONAL NORTH PACIFIC FISHERIES COMMISSION 

ESTABLISHED BY CONVENTION BETWEEN CANADA, JAPAN AND THE UNITED STATES FOR THE 
CONSERVATION OF THE FISHERIES RESOURCES OF THE NORTH PACIFIC OCEAN 



offices: 

6640 northwest marine drive 

vancouver 8, b. c. 

Phone CAstle 4-0722 

Cable Address: 

"northcom" 

secretariat: 

roy i. jackson 

Executive Director 

HIROSHI KASAHARA 

Assistant Director 



June 24, 1963. 



The Honourable Dean Rusk, 
Secretary of State, 
Washington 25, D.C. 

Dear Sir: 

On November 17, 1962, at its Ninth Annual Meeting, at Seattle, the International North Pacific Fisheries 
Commission determined that the herring stocks off the west coast of the Queen Charlotte Islands and that the halibut 
stock of the eastern Bering Sea no longer meet the conditions of Article IV of the Convention and adopted 
recommendations for the removal of such stocks of herring and halibut from the Annex to the International 
Convention for the High Seas Fisheries of the North Pacific Ocean. It was subsequently noted that some ambiguity 
might arise from the language of the recommendation with respect to herring. Therefore, the Commission on 
January 25, 1963 formally amended that recommendation. 

The Commission, having transmitted the recommendations to the Contracting Parties for their consideration, 
has now received notifications of acceptance of the recommendation relating to halibut and the recommendation, as 
amended relating to herring, as follows: from Japan on February 26, 1963, from the United States of America on 
March 23, 1963, and from Canada on May 8, 1963. 



.TheleAm^ndments were terminated on 16 February 1979. 



Multilateral / Fisheries 1197 



In accordance with the provisions of Article VII, paragraph 1, of the Convention, sections (a) and (b) of 
paragraph 1 of the Annex are considered amended from May 8, 1963 to read in the Enghsh language as follows: 

"(a) Halibut (Hippoglossus stenolepis) 

The Convention area off the coast of Canada and the United States of America, exclusive of the Bering 
Sea, in which commercial fishing for halibut is being or can be prosecuted. Halibut referred to herein 
shall be those originating along the coast of North America. 

"(b) Herring (Clupea pallasii) 

The Convention area off the coast of Canada in which commercial fishing for herring of Canadian origin 
is being or can be prosecuted, exclusive of the waters of the high seas north of 51°56' North Latitude 
and west of the Queen Charlotte Islands and west of a line drawn between Langara Point on Langara 
Island, Queen Charlotte Islands, and Cape Muzon on Dall Island in Southeast Alaska." 

Copies are attached to this letter of the amended section (a) in the Japanese language, which I transmitted 
with my letter of December 6, 1962, and of the amended section (b) in the Japanese language, which I transmitted 
with my letter of January 25, 1963. 

With assurances of our highest esteem, 

Yours very truly, 

INTERNATIONAL NORTH PACIFIC FISHERIES COMMISSION 

Roy I. Jackson, 
Executive Director 

Att., 



Protocol Amending the International 
Convention for the High Seas Fisheries 
of the North Pacific Ocean, Tokyo, 1978 



Done at Tokyo 25 April 1978 

Entered into force 15 February 1979* 

Primary source citation: 30 UST 1095, TIAS 9242 



PROTOCOL AMENDING THE INTERNATIONAL CONVENTION 

FOR THE HIGH SEAS FISHERIES OF THE 

NORTH PACIFIC OCEAN 

The Governments of the United States of America, Canada and Japan, 

Having regard to the International Convention for the High Seas Fisheries of the North Pacific Ocean, signed 
at Tokyo on the ninth day of May, nineteen hundred and fifty-two, its Annex and the Protocol thereto (hereinafter 
referred to as "the Convention"), 

Sharing the view that the Convention has served to promote and coordinate scientific studies relating to the 
fishery resources of the North Pacific Ocean and its adjacent seas, and has aided in the conservation of these fishery 
resources. 

Taking into account that each of the Contracting Parties has established new fishery jurisdiction in the 
Convention area. 

Acknowledging that certain provisions of the Convention are not compatible vidth such jurisdiction, and 

Desirous of amending the Convention, 

Have agreed as follows: 



ARTICLE I 

The Convention shall be amended to read as follows: 

"The Grovernments of the United States of America, Canada and Japan have agreed as follows: 



• ThU Protocol was terminated on 21 February 1993. 



Multilateral / Fisheries 1199 



Article I 

1. The area to which this Convention apphes, referred to as "the Convention area", shall be all waters, 
other than territorial waters, of the North Pacific Ocean which for the purposes hereof shall include the adjacent 
seas. 

2. Nothing in this Convention shall be deemed to affect adversely (prejudice) the claims or position of any 
Contracting Party in regard to the limits of territorial waters or to the jurisdiction of a coastal state over fisheries. 

3. For the purposes of this Convention the term "fishing vessel" shall mean any vessel engaged in catching 
fish or processing or transporting fish loaded in the Convention area, or any vessel outfitted for such activities, or 
any vessel in normal support of another vessel as described above. 



Article 11 

1. The Contracting Parties shall maintain the International North Pacific Fisheries Commission, herein- 
after referred to as "the Commission". 

2. The Commission shall be composed of three national sections, each consisting of not more than four 
members appointed by the Governments of the respective Contracting Parties. 

3. Each national section shall have one vote. All proposals, recommendations and other decisions of the 
Commission shall be made only by a unanimous vote of the three national sections. 

4. The Commission may decide upon and amend, as occasion may require, by-laws or rules for the conduct 
of its meetings. 

5. The Commission shall meet at least once each year and at such other times as may be requested by a 
majority of the national sections. 

6. The Commission shall select a Chairman, Vice-Chairman and Secretary from different national sections. 
The Chairman, Vice-Chairman and Secretary shall hold office for a period of one year. During succeeding years 
selection of a Chairman, Vice-Chairman and Secretary from the national sections shall be made in such a manner 
as will provide each Contracting Party in turn with representation in those offices. 

7. The location of the Commission's headquarters shall be determined by the Commission. 

8. Each Contracting Party may establish an Advisory Committee for its national section, to be composed 
of persons who shall be well informed concerning North Pacific fishery problems of common concern. Each such 
Advisory Committee shall be invited to attend all sessions of the Commission except those which the Commission 
decides to be in camera. 

9. The Commission may hold public hearings. Each national section may also hold public hearings within 
its own country. 

10. The official languages of the Commission shall be Japanese and English. Proposals and data may be 
submitted to the Commission in either language. 

11. Each Contracting Party shall determine and pay the expenses incurred by its national section. Joint 
expenses incurred by the Commission shall be paid by the Commission through contributions made by the Contracting 
Parties in the form and proportion recommended by the Commission and approved by the Contracting Parties. 

12. An annual budget of joint expenses shall be recommended by the Commission and submitted to the 
Contracting Parties for approval. 

13. The Commission shall authorize the disbursement of funds for the joint expenses of the Commission 
and may employ personnel and acquire facilities necessary for the performance of its functions. 



1200 The Marine Mammal Commission Compendium 



Article III 

1. The Commission shall perform the following functions: 

(a) provide for scientific studies and for coordinating the collection, exchange and analysis of scientific 
data regarding anadromous species, including data regarding the continent of origin of these 
species, and provide a forum for cooperation among the Contracting Parties with respect to these 
species; 

' , (b) pending the establishment of an international organization as referred to in Article IV, provide 
' ' a forum for cooperation among the Contracting Parties with respect to the study, analysis and 

exchange of scientific information and views relating to the stocks of nonanadromous species of 
the Convention area, including information and views relating to all relevant factors affecting 
these stocks, the promotion of scientific research designed to fill gaps in knowledge and the 
compilation and dissemination of statistics and records; 

(c) recommend, when necessary, amendment of the Annex to this Convention; 

(d) coordinate scientific studies to determine the continent of origin of anadromous species migrating 
in the waters south of 46° North Latitude, and following three years of such studies make 
recommendations if appropriate in accordance with sub-paragraph (c) above relating to the 
conservation of salmon of North American origin; 

(e) consider and make proposals to the Contracting Parties concerning the enactment of schedules 
of equivalent penalties for violations of this Convention which occur outside the 200 nautical mile 
fishery zone of any Contracting Party; 

(f) compile and study the records provided by the Contracting Parties pursuant to Article VIII; 

(g) submit annually to each Contracting Party a report on the Commission's operations, investiga- 
tions and findings, with appropriate proposals, and inform each Contracting Party, whenever it 
is deemed advisable, on any matter relating to the implementation of this Convention; 

(h) consider the results of reviews undertaken by the Contracting Parties pursuant to Article XI and 
make proposals as appropriate. 

2. In the performance of its functions, the Commission shall, insofar as feasible, utilize the technical and 
scientific services of, and information from, official agencies of the Contracting Parties and their political sub-divisions 
and may, when desirable and if available, utihze the services of, and information from, any public or private institution 
or organization or any private individual. 



Article IV 

The Contracting Parties shall work towards the establishment of an international organization with broader 
membership dealing with species of the Convention area other than anadromous species. Progress towards this end 
shall be reviewed during the consultations provided for in Article XI. When such an international organization 
becomes functional, the functions of the Commission under the provisions of Article III, paragraph 1., sub-para- 
graph (b) shall be terminated and transferred to the new organization. 



Article V 

1. The Annex attached hereto forms an integral part of this Convention. All references to the Convention 
shall be understood as including the SEud Annex either in its present terms or as amended in accordance with the 
provisions of Article VII. 



Multilateral / Fisheries 1201 



2. The Contracting Parties agree that in fishing for anadromous species in the Convention area, they shall 
respect the conservation measures specified in the Annex to this Convention and that any infringement of these 
measures shall be deemed to be in violation of the terms of this Convention. 

3. The nationals and fishing vessels of the Contracting Parties shall abide by the conservation measures 
specified in the Annex to this Convention. 



Article VI 

In the event that it shall come to the attention of any of the Contracting Parties that the nationals or fishing 
vessels of any country which is not a Party to this Convention appear to affect adversely the operations of the 
Commission or the implementation of this Convention, such Party shall call the matter to the attention of other 
Contracting Parties. All the Contracting Parties agree upon the request of such Party to confer upon the steps to be 
taken towards obviating such adverse effects or relieving any Contracting Party from such adverse effects. 



Article VII 

1. The Annex to this Convention shall be considered amended from the date upon which the Commission 
receives notification from all the Contracting Parties of acceptance of a recommendation to amend the Annex made 
by the Commission in accordance with the provisions of Article III, paragraph 1., sub-paragraph (c). 

2. The Commission shall notify all the Contracting Parties of the date of receipt of each notification of 
acceptance of an amendment to the Annex. 



Article VIII 

The Contracting Parties agree to keep as far as practicable all records requested by the Commission and to 
furnish compilations of such records and other information upon request of the Commission. No Contracting Party 
shall be required hereunder to provide the records of individual operations. 



Article IX 

1. The Contracting Parties agree that within the Convention area: 

(a) each Contracting Party shall enforce the provisions of this Convention within its 200 nautical 
mile fishery zone in accordance with its domestic law; 

(b) outside the 200 nautical mile fishery zone of any Contracting Party, any Contracting Party may 
enforce the provisions of this Convention in accordance with the following: 

(i) The duly authorized officials of any Contracting Party may board vessels fishing for 
anadromous species of the other Contracting Parties to inspect equipment, logs, docu- 
ments, catch and other articles and question the persons on board for the purpose of 
carrying out the provisions of this Convention. Such inspections and questioning shall be 
made so that the vessels suffer the minimum interference and inconvenience. Such officials 
shall present credentials issued by their respective Governments if requested by the master 
. , , . of the vessel. 

(ii) When any such person or fishing vessel is actually engaged in operations in violation of 
the provisions of this Convention, or there is reasonable ground to believe was obviously 
so engaged prior to boarding of such vessel by any such official, the latter may arrest or 
seize such person or vessel and further investigate the circumstances if necessary. The 



1202 The Marine Mammal Commission Compendium 



Contracting Party to which the official belongs shall notify promptly the Contracting Party 
to which such person or vessel belongs of such arrest or seizure, and shall deliver such 
person or vessel as promptly as practicable to the authorized officials of the Contracting 
Party to which such person or vessel belongs at a place to be agreed upon by both Parties. 
Provided, however, that when the Contracting Party which receives such notification 
cannot immediately accept delivery, the Contracting Party which gives such notification 
may keep such person or vessel under surveillance within the waters of the Convention 
area or within its own territory under the conditions agreed upon by both the Contracting 
Parties. 

(iii) Only the authorities of the Contracting Party to which the above-mentioned person or 
fishing vessel belongs may try the offense and impose penalties therefor. The witnesses 
and evidence necessary for establishing the offense, so far as they are under the control of 
any of the Contracting Parties to this Convention, shall be furnished as promptly as 
■ possible to the Contracting Party having jurisdiction to try the offense and shall be taken 

* into account, and utilized as appropriate, by the executive authority of that Contracting 

Party having jurisdiction to try the offense. 

(c) the Contracting Parties shall take appropriate measures to ensure that their fishing vessels allow 
and assist boardings and inspections carried out in accordance with this Convention of such 
vessels by the duly authorized officials of any Contracting Party, and cooperate in such enforce- 
ment action as may be undertaken. 

2. Each Contracting Party agrees, for the purpose of rendering effective the provisions of this Convention, 
to enact and enforce necessary laws and regulations, with appropriate penalties against violations thereof, and to 
transmit to the Commission a report on any action taken by it in regard thereto. 



Article X 

The Contracting Parties agree that a scientific program is necessary to carry out the provisions of this 
Convention, lb this end the Contracting Parties agree to establish such a program to coordinate their scientific 
research activities with respect to anadromous species in the Convention area as well as species of marine mammals 
incidentally caught in fishing for anadromous species. In this regard, the Contracting Parties agree to exchange 
scientists in order to carry out scientific observations with respect to the catches and methods of operation. The 
Contracting Parties shall establish procedures to facilitate such observations. 



Article XI 

1. The Contracting Parties agree to hold consultations whenever necessary, or not later than sixty days 
following the request of any of them, in order to review the implementation of this Convention. 

2. The Contracting Parties agree to hold consultations, at a time and place to be mutually agreed upon, 
not later than ninety days following notice by any Contracting Party of its intention to terminate the Convention in 
accordance with the provisions of Article XII, paragraph 1. of this Convention. 



Article XII 

1. This Convention shall continue in force until one year from the day on which a Contracting Party shall 
give notice to the other Contracting Parties of an intention of terminating the Convention, whereupon it shall 
terminate as to all Contracting Parties. 

2. This Convention shall be subject to review by the Contracting Parties upon the conclusion of a 
multilateral treaty resulting from the Third United Nations Conference on the Law of the Sea. 



Multilateral / Fisheries 1203 



ANNEX 

1. The following measures shall apply to salmon fishery operations conducted by Japanese nationals and 
fishing vessels in the waters of the Convention area: 

(a) North of 56° North Latitude, east of 175° East Longitude and outside the United States fishery 
conservation zone, beginning on June 26 (Japan Standard Time) (1500 June 25 GMT) of each 
year, the Japanese mothership fishery shall conduct no more than 22 mothership fleet days in 
the area between 175° East Longitude and 180° Longitude and no more than 31 mothership fleet 
days in the area between 180° Longitude and 175° West Longitude. 

(b) North of 46° North Latitude, between 175° East Longitude and 170° East Longitude, and outside 
the United States fishery conservation zone, salmon fishery operations shall not begin before 
June 1 (Japan Standard Time) (1500 May 31 GMT) of each year. 

(c) West of 175° East Longitude, and within the United States fishery conservation zone, salmon 
fishery operations shall not begin before June 10 (Japan Standard Time) (1500 June 9 GMT) of 
each year. Fishing vessels engaged in this fishery shall be required to have on board a registration 
permit which shall be issued by the Government of the United States. Such vessels may be 
required by the Government of the United States to accept on board scientific observers and to 
bear the expenses incurred in such boarding. The requirement of the Government of the United 
States that Japanese fishing vessels engaged in this fishery have on board a Certificate of 
Inclusion relating to the incidental taking of marine mammals shall be suspended for the period 
ending June 9, 1981 during which period the Governments of Japan and the United States shall 
conduct joint research, shall cooperate to determine the effect of the Japanese salmon fishery on 
marine mammal populations, and shall work to reduce or eliminate the incidental catch of marine 
mammals in the fishery. 

(d) Except for the areas specified in (a) above, there shall be no salmon fishery operations east of 
175° East Longitude, unless such fishery operations are agreed to for a temporary period among 
the three Contracting Parties. 

2. For the purposes of this Annex, a mothership fleet day is defined as one mothership with no more than 
forty-one catcher-boats present during a portion of any one calendar day in the areas specified in paragraph 1. (a) of 
this Annex. Any increase in the number of catcher-boats assigned to a mothership will be reflected in a proportional 
reduction in the number of authorized fleet days. Modifications to gear or fishing procedures which might affect 
current fishing efficiency shall be undertaken only after consultations among the three Contracting Parties. In such 
consultations the Contracting Parties shall examine the necessity of change in the number of authorized fleet days 
to take account of any increase in fishing efficiency. 

3. East of 170° East Longitude the southern limit of the Japanese mothership fishery and the northern 
limit of the Japanese landbased fishery shall remain at 46° North Latitude. West of 170° East Longitude the southern 
limit of the Japanese mothership fishery shall not extend south of 46° North Latitude, and the northern limit of the 
Japanese landbased fishery shall not extend north of 48° North Latitude." 



ARTICLE II 

This Protocol shall be ratified or approved by the Contracting Parties to the Convention in accordance with 
their respective constitutional processes, and the instruments of ratification or approval shall be exchanged as soon 
as possible at Tokyo. This Protocol shall come into force on the date of the exchange by all the Contracting Parties of 
instruments of ratification or approval. 

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have 
signed this Protocol. 

DONE, in triplicate, in the English, French and Japanese languages, all texts being equally authentic, at Tokyo 
this twenty-fifth day of April, nineteen hundred and seventy-eight. 



Amendment to the International 

Convention for the High Seas Fisheries 

of the North Pacific Ocean, 

Vancouver, 1986 



Done at Vancouver 9 April 1986 

Entered into force 23 May 1986* 

Primary source citation: Copy of text provided by the 
U.S. Department of State 



AMENDED ANNEX TO THE INTERNATIONAL CONVENTION FOR 
THE HIGH SEAS FISHERIES OF THE NORTH PACIFIC OCEAN 

1. The following measures shall apply to salmon fishery operations conducted by Japanese nationals and fishing 
vessels in the waters of the Convention area: 

(a) North of 56° North Latitude, between 180° Longitude and 175° West Longitude, and outside the areas 
designated as the United States exclusive economic zone by the Presidential Proclamation of March 10, 
1983 (hereinafter referred to as "the United States exclusive economic zone"), beginning on June 26 
(Japan Standard Time) (1500 June 25 GMT) of each year, the Japanese mothership fishery shall conduct 
salmon fishery operations according to the following schedule: 

(1) For 1986, no more than 12 mothership fleet days in the area between 175° West Longitude and 
180° Longitude; 

(2) For 1987, no more than 8 mothership fleet days in the area between 178° West Longitude and 
180° Longitude, with no salmon fishery operations to be conducted in the area east of 178° West 
Longitude; and 

(3) For 1988 and thereafter, no salmon fishery operations are to be conducted in the area east of 180° 
Longitude. 

(b) North of 56° North Latitude, west of 180° Longitude, and outside the United States exclusive economic 
zone, beginning on June 26 (Japan Standard Time) (1500 June 25 GMT) of each year, the Japanese 
mothership fishery shall conduct salmon fishery operations according to the following schedule: 

(1) For 1986 through 1988, no more thsin 18 mothership fleet days each year; 

(2) For 1989 through 1991, no more than 12 mothership fleet days each year; 

(3) For 1992 and 1993, no more than 8 mothership fleet days each year; and 

(4) For 1994 and thereafter, no salmon fishery operations are to be conducted. 



* This Amendment was terminated on 21 February 1 



1204 



Multilateral / Fisheries 1205 



(c) North of 46° North Latitude, between 175° East Longitude and 170° East Longitude, and outside and 
south of the United States exclusive economic zone, salmon fishery operations shall not begin before 
June 1 (Japan Standard Time) (1500 May 31 GMT) of each year. 

(d) West of 175° East Longitude, and within the United States exclusive economic zone: 

(1) For 1986 through 1993, salmon fishery operations shall not begin before June 10 (Japan Standard 
Time) (1500 June 9 GMT) of each year and shall end on July 31 (Japan Standard Time) (1500 
July 31 GMT) of each year. Between these dates the Japanese mothership fishery shall conduct 
salmon fishery operations of no more than 140 mothership fleet days each year. 

(2) For 1994 and thereafter, salmon fishery operations shall not begin before June 10 (Japan 
Standard Time) (1500 June 9 GMT) and shall end on July 26 (Japan Standard Time) (1500 
July 26 GMT) of each year. Between these dates the Japanese mothership fishery shall conduct 
salmon fishery operations of no more than 144 mothership fleet days each year. 

(3) Fishing vessels engaged in this fishery shall be required to have on board a registration permit 
which shall be issued by the Government of the United States. Such vessels may be required by 
the Government of the United States to accept on board scientific observers and to bear the 
expenses incurred in such boarding. Such vessels shall also be required to have on board a 
Certificate of Inclusion relating to the incidental taking of marine mammals which is a require- 
ment of the Government of the United States. 

(e) Except for the areas specified in sub-paragraphs (a) and (b) above, in the area north of 46° North Latitude 
there shall be no salmon fishery operations east of 175° East Longitude, unless such fishery operations 
are agreed to for a temporary period among the three Contracting Parties. 

(f) In 1986 and thereafter, the Japanese landbased fishery shall not conduct salmon fishery operations east 
of 174° East Longitude. The eastern limit of this fishery may be modified in accordance with the results 
of the coordinated scientific studies to be initiated wath the beginning of the 1986 season in the landbased 
fishery area south of 46° North Latitude to determine accurately continent of origin of salmonids 
migrating in this area, including biological sampling and studies and verification of fishing effort and 
catch by species, date, and location. The modification shall be negotiated no later than the beginning of 
the 1991 season. 

For the purposes of this Annex, a mothership fleet day is defined as one mothership with forty-three 
catcher/scout boats using 14,190 tans (330 tans/15 km) of fishing nets during a portion of any one calendar 
day. Any increase in the number of catcher/scout boats assigned to the mothership fishery will be reflected in 
a proportional reduction in the number of authorized fleet days. Modifications to gear or fishing procedures 
which might affect current fishing efficiency, or modifications to areas which are different from those used in 
1985, shall be undertaken only after consultations among the three Contracting Parties. In such consultations 
the Contracting parties shall examine the necessity of change in the number of authorized fleet days to take 
account of any increase in fishing efficiency. 

East of 170° East Longitude the southern limit of the Japanese mothership fishery and the northern limit of 
the Japanese landbased fishery shall remain at 46° North Latitude. West of 170° East Longitude the southern 
limit of the Japanese mothership fishery shall not extend south of 46° North Latitude, and the northern limit 
of the Japanese landbased fishery shall not extend north of 48° North Latitude. 



Memoranda of Understanding 
Concerning Salmonid Research 

and Enforcement of the 

International Convention for the 

High Seas Fisheries of the 

North Pacific Ocean, Vancouver, 1986 



Done at Vancouver 9 April 1986 ; . r 

Entered into force 9 April 1986* 

Primary source citation: Copy of text provided by the 
U.S. Department of State 



MEMORANDUM OF UNDERSTANDING 

The Delegations of the Governments of the United States of America, Canada and Japan have agreed to record 
the following in connection with the International Convention for the High Seas Fisheries of the North Pacific Ocean, 
as amended by the Protocol Amending the International Convention for the High Seas Fisheries of the North Pacific 
Ocean signed at Tbkyo, on April 25, 1978 (hereinafter referred to as "the Convention"), in order to further cooperation 
among the three Contracting Parties concerning the enforcement of the provisions of the Convention. 

1. The Government of Japan vnll take the necessary measures to ensure the following: 

(a) At least six Japanese patrol vessels will be assigned to enforce the provisions of the Convention in the 
Japanese landbased fishery area of which no fewer than three such vessels vrill be assigned to enforce the 
eastern limit of that area. 

(b) In the area south of 46° North Latitude and between 173° East Longitude and 174° East Longitude any 
Japanese landbased fishing vessel v?ill report its location to one of the Japanese patrol vessels mentioned in 
subparagraph 1(a) above when the fishing vessel enters into and departs from the area, as well as at a fixed 
time every day as long as the vessel stays in the area. 

2. The Government of the United States of America and the Government of Japan will take the necessary 
measures to ensure that enforcement activities of each Government will be conducted on a cooperative basis in the 
following aspects: 

(a) Each Government will notify the other Government of the patrol schedules of its patrol vessels 
in the Japanese landbased fishery area; 

(b) Patrol vessels of either Government in the said area will investigate to the extent possible reports 
from the other Government of fishery operations conducted in apparent violation of the provisions of 
the Convention by nationals and fishing vessels of Japan; and 



•These Memoranda of Understanding were terminated on 21 February 1993. 



Multilateral / Fisheries 1207 



(c) Each Government will report to the other Government any action taken as a result of subpara- 
graph 2(b) above as soon as and to the extent possible without detracting from enforcement activities. 

3. The Government of the United States of America and the Government of Japan will each accommodate 
an observer of the other Government aboard its patrol vessel assigned to enforce the provisions of the Convention 
along the eastern limit of the Japanese landbased fishery area for a reciprocal period of up to 4 weeks under the 
following conditions: 

(a) Such observer will not exercise any eivforcement authority but only observe the enforcement 
activities of the enforcement officials of the patrol vessel, including accompanying such officials at the 
time of boarding of salmon vessels of Japan which might occur; 

(b) Such observer will be permitted to communicate with his/her parent agency with the consent of 
the captain of the patrol vessel; 

(c) Such observer will comply with instructions of the host enforcement officials under all circum- 
stances; and 

(d) Each Government will pay for the costs of its own observer. 

Detailed arrangements will be coordinated between the competent authorities of the two Governments. 

4. The Government of the United States of America and the Government of Japan will exchange information 
that will facilitate enforcement activities. Specific communications arrangements such as radio frequencies and 
signals will be agreed to between designated enforcement officials of the two Governments prior to the beginning of 
the 1986 landbased salmon fishery season. 

5. Should the Government of Canada decide to participate on a reciprocal basis in the cooperative 
enforcement measures mentioned in paragraphs 2, 3 and 4 above, the Governments of the United States of America, 
Canada and Japan will consult in order to develop arrangements for such participation. 

6. The Government of Japan will report to the International North Pacific Fisheries Commission as soon 
as possible the results of penalty actions. These reports will identify the vessel (by naime, domestic fisheries license 
number, and hull number), the location (by latitude and longitude), and details of the violation, the penalty imposed, 
and the fishery (mothership or landbased) in which the vessel was participating. 

Vancouver, April 9, 1986 



MEMORANDUM OF UNDERSTANDING 

The Delegations of the Governments of the United States of America, Canada and Japan have agreed to record 
the following in connection with the International Convention for the High Seas Fisheries of the North Pacific Ocean, 
as amended by the Protocol Amending the International Convention for the High Seas Fisheries of the North Pacific 
Ocean signed at Tokyo on April 25, 1978 (hereinafter referred to as "the Convention"), in order to further research 
studies on anadromous Salmonidae in the Convention area: 

1. The Governments of the United States of America, Canada and Japan will ensure that coordinated scientific 
studies will be conducted under the framework of the Convention to determine accurately the continent of origin of 
salmonids migrating in the Convention area of the landbased driftnet fishery south of 46° North Latitude so that the 
movement of the eastern limit of that fishery shall be negotiated no later than the beginning of the 1991 season. 
These studies are to be initiated with the beginning of the 1986 season and are to be completed within a period of 
three to five years. These studies should include at least the following methods and features: 

(1) a. The Governments of the United States of America, Canada and Japan will increase efforts for 
tagging and biological sampling. 



1208 The Marine Mammal Commission Compendium 



b. TheGovernment of Japan will arrange five Japanese salmon research vessel cruises in the area 
38° to 46° North Latitude, between 160° East and 175° West Longitude during May, June, and July of each 
year assigned to conduct research with regard to increased tagging effort and biological sampling. 

c. The Government of Japan will allow each year no more than two scientists of the Government of 
the United States of America and/or the Government of Canada, upon the request of the Government of the 
United States of America and/or the Government of Canada, to board one or two cruises of salmon research 
vessels arranged by the Government of Japan pursuant to paragraph l(l)b. 

d. The Government of the United States of America and the Government of Canada undertake to 
bear expenses incurred in such boardings of their respective scientists. 

(2) The Government of Japan will increase efforts through guidance and education of fishermen to recover 
tagged salmonids, to return recovered tags and to report associated data. 

(3) Other studies will be designed to determine the proportions and distributions of Asian and North 
American origin salmonids in the area south of 46° North Latitude and between 160° East and 175° West 
Longitude. These studies will be based as far as possible on methodologies jointly agreed upon a priori . These 
studies will include, but are not limited to: 

a. Scale pattern analyses of sockeye, chum, coho, and chinook salmon and steelhead trout; 

b. Improved collection of adequate (in number and quality) Asian and North American standard 
scale samples; and 

c. Application of other methods and techniques (such as parasitological and genetic studies, etc.) as 
jointly deemed appropriate and useful in continent of origin studies. 

. (4) Annual evaluations and assessments will be conducted to ensure coordination of the studies and to 

ensure that they are proceeding in a manner which will meet the schedule of the three to five year studies 
on the continent of origin of salmonids mentioned in this paragraph. The three Governments will adjust their 
research programs as necessary to meet the schedule. 

(5) Accurate catch and fishing effort statistics by species, time and area are essential to the evaluation of 
studies on continent of origin of salmonids. The Government of Japan will establish an appropriate method 
to validate the time and location of catch and fishing effort data including the use of location records from 
the Naval Navigation Satellite System onboard the landbased salmon driftnet fishing vessels and report it 
to the International North Pacific Fisheries Commission (hereinafter referred to as "the INPFC"). The content 
and success of this program will be reviewed and adjusted, if required, to support the three to five year studies 
on the continent of origin of salmonids mentioned in this paragraph. 

(6) In lieu of paragraph 1(A) of the Memorandum of Understanding, signed at Tokyo on April 25, 1978, 
the Government of Japan will provide to the INPFC, catch statistics for the landbased driftnet fishery on a 
ten-day basis by 1° x 1° statistical area by species in numbers and tonnage, with corresponding effort in 
effective standardized tans fished (330 tans/15 km), with summary information on mesh sizes used, vnthin 
six months of annual termination of the fishery in 1987 and thereafter (as for the catch statistics for 1986, 
as soon as possible during the three to five year studies on the continent of origin of salmonids mentioned in 
this paragraph). 

2. The Governments of the United States of America, Canada, and Japan will ensure that beginning with the 1986 
season: 

(1) Research on continent of origin of salmonids in the operating area of the mothership fishery will be 
continued under the framework of the INPFC with emphasis on the identification of areas of abundance of 
North American chinook, coho, and chum salmon and steelhead trout; and 

(2) Validation of catch and fishing effort data for the mothership fishery vrill be done under a joint research 
program of the INPFC utilizing methods mutually agreed upon each year. 

Vancouver, April 9 , 1986. 



Amendment to the 
International Convention for the 

High Seas Fisheries of the 

North Pacific Ocean, Vancouver, 

Washington, Tokyo, and Ottawa, 1990 



Done at Vancouver 24 April 1990 

Entered into force 17 May 1990* 

Primary source citation: Copy of text provided by the 
U.S. Department of State 



INTERNATIONAL NORTH PACIFIC FISHERIES COMMISSION 

6640 NORTHWEST MARINE DRIVE 

VANCOUVER, B.C., CANADA V6T 1X2 

CABLE: NORTHCOM 

PHONE: (604) 228-1128 

FAX: (604) 228-1135 



24 April 1990 

The Honourable James Baker 
Secretary of State 
Washington, D.C. 20520 
U.S.A. 

Dear Sir: 

I have the pleasure of transmitting to you the Commission's recommendation to amend the Annex to the International 
Convention for the High Seas Fisheries of the North Pacific Ocean ("the Convention"), as amended by the Protocol 
signed at Tokyo, April 25, 1978. 

This recommendation to amend the Annex to the Convention was adopted by the International North Pacific Fisheries 
Commission by correspondence on April 24, 1990, in accordance with the provisions of Article III, paragraph 1, 
subparagraph (c) of the Convention. It is recommended to all the Contracting Parties to amend the present Annex 
by adding after paragraph 3 a new paragraph 4 to read as follows: 

"4. In 1990 only, the Japanese mothership fishery can be converted to a non-traditional landbased fishery ("the 
non-traditional landbased fishery"). 

The non-traditional landbased fishery may be conducted in the areas specified in sub-paragraphs (b) and (c) 
of paragraph 1 above, according to the conditions stipulated in sub-paragraphs (b) and (c) of paragraph 1 above 



* This Amendment expired on 31 December 1990. 



1210 The Marine Mammal Commission Compendium 



respectively. The provisions of sub-paragraph (f) of paragraph 1, paragraph 2 and paragraph 3 above shall not 
apply to the non-traditional landbased fishery. For the purpose of the non-traditional landbased fishery, a 
mothership fleet day is defined as one day when fishing vessels engaged in the non-traditional landbased 
fishery in the area concerned use 14,190 tans (330 tans/lS km) of fishing nets during a portion of any one 
calendar day." 

The Commission looks forward to receipt of notification of acceptance of this recommendation by the three Contracting 
Parties in accordance with Article VII of the Convention. 

Sincerely yours, 

Clement V. Tillion 
, Secretary 

"' ■ • ' INTERNATIONAL NORTH PACIFIC 

FISHERIES COMMISSION 



United States Department of State 

Assistant Secretary of State for Oceans and 

International Environmental and Scientific Affairs 

Washington, D.C. 20520 



April 26, 1990 



Mr. Clement Tillion , , . 

Secretary 

International North Pacific Fisheries Commission 

6640 Northwest Marine Drive 

Vancouver, B.C., Canada V6T 1X2 " ' ■ 

Dear Mr. Tillion: 

Thank you for your letter of April 24, 1990, conveying the recommendation of the International North Pacific 
Fisheries Commission (INPFC) that, in accordance with Article III, section 1(c) of the International Convention for 
the High Seas Fisheries of the North Pacific Ocean, as amended by the Protocol signed at Tokyo on April 25, 1978 
(the Convention), the three Contracting Parties amend the present Annex of the Convention. This would be 
accomplished by adding the new paragraph 4 which was attached to the Commission's recommendation. 

In accordance with Article VII of the Convention, the Government of the United States of America hereby 
accepts the Commission's recommendation to amend the present Annex to the Convention in this manner. 

In accepting the recommendation of the Commission, the U.S. Government affirms its support for the United 
Nations General Assembly Resolution, "Large Scale Pelagic Driftnet Fishing and its Impacts on the Living Marine 
Resources of the World's Oceans and Seas." Our acceptance of the amendment to the Annex and the related 
Memorandum of Understanding does not signify satisfaction with, or approval of, the measures attendant to the 
amendment, or other INPFC programs, as effective to prevent unacceptable impacts of these driftnet fisheries on the 
living marine resources of the North Pacific, or to ensure the conservation of these resources. 

Sincerely yours, 

.' ■ '. - ■ 1 Peter Jon de Vos 

Acting 



Multilateral / Fisheries 1211 



MINISTRY OF FOREIGN AFFAIRS 

Tokyo, Japan 



May 11, 1990 

Mr. Clement V. Tillion 

Secretary 

International North Pacific 

Fisheries Commission 

Dear Mr. Tillion, 

With reference to your letter dated April 24, 1990, concerning the recommendation of the International North 
Pacific Fisheries Commission to amend the Annex to the International Convention for the High Seas Fisheries of the 
North Pacific Ocean, I have the pleasure to notify, on behalf of the Government of Japan, the International North 
Pacific Fisheries Commission that the Government of Japan decided, on May 11, 1990 to accept the recommendation 
mentioned above. 

Sincerely yours. 



Taro Nakayama 

Minister for Foreign Affairs 



External Affairs and International Trade Canada 

Ottawa, Ontario 
K1A0G2 



May 17, 1990 



Mr. Clement Tillion 

Secretary 

International North Pacific Fisheries Commission 

6640 Northwest Marine Drive 

Vancouver, British Columbia 

V6T1X2 

Dear Mr. Tillion: 

The Secretary of State for External Affairs, the Right Honourable Joe Clark, has asked me to reply to your 
letter of April 24, 1990, transmitting the recommendation of the International North Pacific Fisheries Commission 
(INPFC) to amend the Annex to the International Convention for the High Seas Fisheries of the North Pacific Ocean, 
as amended by the Protocol signed at Tokyo on April 25, 1978. 

I am pleased to inform you that the Government of Canada assents to the Commission's recommendation. I 
enclose the Instrument of Acceptance signed by the Secretary of State for External Affairs in the Grovernment of 
Canada, certifying that the Government of Canada accepts the amendment to the Annex to the Convention, adopted 
by the Commission on April 24, 1990. 

I note, in connection with the amendment, the Memorandum of Understanding between the Governments of 
Canada, Japan and the United States of America, signed atTskyo on May 15, 1990. 1 also wish to refer on this occasion 
to the general principle of international law that states of origin of anadromous stocks shall have the primary interest 
in and responsibility for such stocks. I further note that the acceptance by Canada of the amendment and the related 
Memorandum of Understanding in no way alters Canada's position on the driftnet issue, which remains consistent 
with the United Nations General Assembly Resolution A/C.2/44/L.81. In particular, the acceptance must not be 
construed as approval of the measures attendant to the amendment, the Memorandum or INPFC programs as 



1212 



The Marine Mammal Commission Compendium 



constituting efFective conservation or management measures to prevent unacceptable impacts of driftnet fishing and 
to ensure the conservation of the Hving marine resources of the North Pacific region. 

Yours sincerely, 

E.W. Stewart 
' Director 

Agriculture and Fisheries 
Trade Policy Division 

ENCLOSURES. 



INTERNATIONAL NORTH PACIFIC FISHERIES COMMISSION 

6640 NORTHWEST MARINE DRIVE 

VANCOUVER, B.C., CANADA V6T 1X2 

CABLE: NORTHCOM 

PHONE: (604) 228-1128 

FAX: (604) 228-1135 



17 May 1990 

The Honourable James Baker 

Secretary of State 

Washington, D.C. 20520 .., .: 

U.S.A. 

The Rt. Hon. Joe Clark, PC, M.P 
Secretary of State for External Affairs 
Ottawa, Ontario 
K1A0G2 

The Honourable Taro Nakayama 
Minister for Foreign Affairs 
2-2-1 Kasumigaseki, Chiyoda-ku 
Tokyo, Japan 100 

Dear Sir: 

Referring to the INPFC letter dated 1990 April 24 by Secretary Tillion, the Secretariat of INPFC was notified on 
May 17, 1990 that the Government of Canada formally accepted the amendment to the Annex of the International 
Convention for the High Seas Fisheries of the North Pacific Ocean. 

As specified in Article VII, now that all three Contracting Parties have notified the Commission of their acceptance, 
the Annex is amended as of this date (1990 May 17). 



The transmittal from Canada is attached. 



Sincerely yours. 



Bernard E. Skud 
Executive Director 



Memorandum of Understanding 

Relating to the International 

Convention for the High Seas 

Fisheries of the North Pacific Ocean, 

Vancouver, 1990 



Done at Vancouver 15 May 1990 

Entered into force 15 May 1990* 

Primary source citation: Copy of text provided by the 
U.S. Department of State 



MEMORANDUM OF UNDERSTANDING 

The Delegations of the Governments of the United States of America, Canada, and Japan have agreed to record the 
following, regarding the 1990 fishing season, in connection with the recommendation of April 24, 1990 to amend the 
Annex (as amended in 1986) to the International Convention for the High Seas Fisheries of the North Pacific Ocean 
("the Convention"), as amended by the Protocol Amending the Convention signed at Tokyo, on April 25, 1978. 

1 The Government of Japan will take the necessary measures to ensure the following: 

(a) Only Japanese fishing vessels previously licensed in the traditional high seas mothership salmon fishery may 
conduct fishing operations in the non-traditional landbased fishery. For 1990 fishing effort in area 2a expressed in 
cumulative tans of gear will not exceed that fished by the mothership fishery in 1988. In area 4, fishing effort expressed 
in cumulative tans of gear will not exceed the effort authorized for 1990 under the above-mentioned Annex except 
that fishing effort will be adjusted proportionally in accordance with the 1990 fishing quota. No vessel may fish more 
thein 330 tans ( 15 kilometers) a day. 

(b) Fishing vessels in the non-traditional landbased fishery will fish in organized fleets. One vessel of each fleet 
vdll be designated as the commander vessel with a fleet commander on board designating fishing positions for each 
fishing vessel. Vessels in each fleet will fish in unison as was the past practice employed in the traditional mothership 
salmon fishery. 

(c) Fishing operations in area 2a (defined in paragraph 1(c) of the above-mentioned Annex) will end by July 15. 

(d) Data associated with each fishing vessel's operations in the non-traditional landbased fishery, including but 
not limited to location of operation, and total catch will be reported daily to Fisheries Agency of Japan (FAJ) 
enforcement vessels and the fleet commander. These data will be compiled and provided to the U.S. and Canadian 
sides through the International North Pacific Fisheries Commission prior to the 1990 annual meeting. 

(e) Not less than two FAJ patrol vessels will be deployed in each area where the non-traditional landbased fishery 
is allowed to operate. The FAJ will invite a U.S. or Canadian enforcement observer on a FAJ patrol vessel for the 
duration of the fishing season. The status and scope of activities of the observer will be the same as provided for in 



*Thi8 Memorandum of Understanding expired on 31 December 1990. 



1214 The Marine Mammal Commission Compendium 



sub-paragraphs (a) to (d) of paragraph 3 of the MOU on enforcement made at Vancouver, on April 9, 1986. The 
enforcement observer will be allowed to maintain daily radio contact with his domestic enforcement agency, to have 
daily access to the fishing operations information reported to the said FAJ patrol vessels pursuant to sub- 
paragraph (d) of paragraph 2 of the above-mentioned 1986 MOU, and to accompany FAJ inspections of all fishing 
vessels in the non-traditional landbased fishery, including log book and catch inspection. The FAJ patrol vessels will 
conduct random boardings so that each fishing vessel in the non-traditional landbased fishery is inspected at sea at 
least twice during the fishing season. 

(f) Before the start of the fishing season, the FAJ will provide the U.S. and Canadian sides with the names and 
brief description of the fishing vessels participating in the non-traditional landbased fishery, including but not limited 
to length, horse-power, hold capacity in metric tons, license number, individual vessel quota, and type and quantity 
of fishing gear carried. Each fishing vessel is to be assigned a license number. This number will be displayed on both 
sides of the hull in a color in contrast to the background. The number must be in Roman letters and Arabic numerals 
at least 60 cm in height. 

(g) No transfers of catch at sea wdll be allowed. Only one oil-tanker will be used to provide fuel to the fishing vessels 
in the non-traditional landbased fishery and it wdll be required to provide its noonday position on a daily basis to a 
FAJ patrol vessel deployed in the areas where the non-traditional landbased fishery operates. The oil-tanker is to 
report to a FAJ patrol vessel before fuel is provided to a fishing vessel in the non- traditional landbased fishery. A FAJ 
patrol vessel shall monitor fuel provision activities. No resupply operations other than refueling from a tanker will 
be allowed. 

(h) In the area North of 46 degrees North Latitude, between 174 degrees East Longitude and 175 degrees East 
Longitude, and south of the United States 200 nautical mile-zone, Japanese fishing vessels engaged in the non-tra- 
ditional landbased fishery will report their location to a FAJ patrol vessel upon entering and departing fi-om this 
area, as well as at a fixed time every day while the vessel remains in this area. 

(i) The FAJ will verify the quantity offish caught by each fishing vessel engaged in the non-traditional landbased 
fishery before the vessel departs the fishing grounds to return to Japan and upon landing of the catch in Japan. Each 
non-traditional landbased fleet wrill return as a unit accompanied by a FAJ patrol vessel until the fleet enters Japan's 
200 mile-zone. Thereafter, each vessel will return directly to one of the ports designated by the FAJ where verification 
of quantity offish caught, by species, will be conducted by FAJ enforcement personnel. AU.S. or Canadian enforcement 
observer vidll be invited on this patrol vessel for the duration of the patrol vessel's cruise, and will be allowed to 
accompany FAJ enforcement personnel during verification offish caught by each vessel and provided access to daily 
position reports of all fishing vessels in the non-traditional landbased fishery. The Japanese side will provide the U.S. 
and Canadian sides with appropriate documentation of the verification offish caught and landed by species, and that 
all vessels have returned to Japan wdthout delay. 

(j) At least ten percent of the fishing vessels engaged in the non-traditional landbased fishery will carry automatic 
real-time satellite position fixing devices (transmitters). These transmitters will allow automatic, real-time monitor- 
ing of the location and identity of each vessel. All costs associated with the purchase, installation, maintenance and 
operation of the transmitters, and data transmission costs will be borne by the Japanese side. The U.S. and Canadian 
sides will bear their own costs for data access. Any fishing vessel in the non-traditional landbased fishery with an 
inoperative transmitter is to be closely monitored by FAJ patrol vessels. 

(k) Fishing vessels in the non-traditional landbased fishery are also required to utilize operational Naval 
Navigational Satellite System (NNSS) devices with recording tapes. Any fishing vessel in the non-traditioned 
leundbased fishery with an inoperative NNSS device is to be closely monitored by FAJ patrol vessels. 

(1) Collection of biological samples from fishing vessels engaged in the non-traditional landbased fishery vrill be 
carried out, to the extent practicable, at the same level as carried out in 1987 for the mothership salmon fishery. The 
port sampling program will be intensified by the FAJ for the catch of the traditional Japanese landbased salmon 
fleet, to the extent practicable, to achieve the same sampling level as in the non-traditional landbased fishery. 
Cooperative research in accordance with Article X of the Convention and the Memorandum of Understanding on 
Research will be continued on salmonids and marine mammals. 

(m) Two U.S. and/or Canadian and two Japanese scientific observers (four observers in total), per fleet, will be 
given the opportunity to be on board the fishing vessels during the entire fishing season. If the number of vessels in 
the fleet is drastically reduced in 1990, the U.S., Canadian and Japanese sides will reconsider the number of scientific 



Multilateral / Fisheries 1215 



observers. Details for the arrangements to deploy scientific observers in the non-traditional landbased fishery are 
contained in the letter from the FAJ to the appropriate agencies of the U.S. and Canada dated May 1, 1990. 

(n) The costs related to the deplojonent of observers will be paid by the countries sending such observers. 

2 The Government of Japan will take these measures on amendment of the Annex as mentioned above. 

3 These arrangements will be reviewed by the three parties after the 1990 season with a view to extending the 
arrangements for an additional year if they are conducted in a successful manner which is satisfactory to all three 
parties. 

Tokyo, May 15, 1990 



Amendment to the 

International Convention for the 

High Seas Fisheries of the 

North Pacific Ocean, Ottawa, Tokyo, 

Washington, and Vancouver, 1991 



Done at Ottawa 25 April 1991 

Entered into force 23 May 1991* 

Primary source citation: Copy of text provided by the 
U.S. Department of State 



Fisheries and Oceans 
Pacific and Freshwater Fisheries 

Assistant Deputy Minister 

Ottawa, Canada 

KIA 0E6 

Canada 



May 8, 1991 



The Honourable James Baker 
Secretary of State 
Washington, DC 20520 

U.S.A. 

Dear Sir: 

I have the pleasure of transmitting to you the Commission's recommendation to amend the Annex to the International 
Convention for the High Seas Fisheries of the North Pacific Ocean ("the Convention"), as amended by the Protocol 
signed at Ibkyo, April 25, 1978. 

This recommendation to amend the Annex to the Convention was adopted by the International North Pacific Fisheries 
Commission by correspondence on April 25, 1991, in accordance with the provisions of Article III, paragraph 1, 
subparagraph (c) of the Convention. It is recommended to all the Contracting Parties to amend the present Annex 
by inserting "and 1991" immediately after "In 1990" in paragraph 4, The revised paragraph would read as follows: 

4. In 1990 and 1991 only, the Japanese mothership fishery can be converted to a non-traditional landbased 
fishery ("the non-traditional landbased fishery"). 

The non-traditional landbased fishery may be conducted in the areas specified in sub-paragraphs (b) and (c) 
of paragraph 1 above, according to the conditions stipulated in sub-paragraphs (b) and (c) of paragraph 1 above 
respectively. The provisions of sub-paragraph (f) of paragraph 1, paragraph 2 and paragraph 3 above shall not 



* This Amendment expired on 31 December 1991. 



Multilateral / Fisheries 



1217 



apply to the non-traditional landbased fishery. For the purpose of the non-traditional landbased fishery, a 
mothership fleet day is defined as one day when fishing vessels engaged in the non-traditional landbased 
fishery in the area concerned use 14,190 tans (330 tans/15 km) of fishing nets during a portion of any one 
calendar day." 

The Commission looks forward to receipt of notification of acceptance of this recommendation by the three Contracting 
Parties in accordance with Article VII of the Convention. 

Sincerely yours, 

David Good 

Secretary 

INTERNATIONAL NORTH PACIFIC 

FISHERIES COMMISSION 



c.c. - Bernard E. Skud 
Executive Director 
INPFC 



I, BARBARA JEAN McDOUGALL, 

Secretary of State for External Affairs in the Government of Canada, 

do hereby certify that 

the Government of Canada accepts the amendment to the Annex to the International Convention for the High Seas 
Fisheries of the North Pacific Ocean, recommended by the International North Pacific Fisheries Commission on April 
25, 1991. 

IN WITNESS WHEREOF, I have signed and sealed this Instrument of Acceptance. 

DONE at Ottawa, this 9th day of May 1991. 

Barbara Jean McDougall 
Secretary of State 
for External Affairs 



Ministry of Foreign Affairs 

TOKYO, JAPAN 



May 10, 1991 



Mr. David Good 
Secretary 

International North Pacific 
Fisheries Commission 



Dear Mr. Good, 

With reference to your letter dated May 8, 1991, concerning the recommendation of the International North 
Pacific Fisheries Commission to amend the Annex to the International Convention for the High Seas Fisheries of the 



1218 The Marine Mammal Commission Compendium 



North Pacific Ocean, I have the pleasure to notify on behalf of the Government of Japan, the International North 
Pacific Fisheries Commission that the Government of Japan decided, on May 10, 1991 to accept the recommendation 
mentioned above. 

Sincerely yours, 

■ ' Taro Nakayama 

Minister for Foreign Affairs 



United States Department of State 

Assistant Secretary of State for Oceans and 

International Environmental and Scientific Affairs 

Washington, D.C. 20520 



May 16, 1991 

Mr. David Good 

Secretary 

International North Pacific Fisheries Commission 

6640 Northwest Marine Drive 

Vancouver, B.C., Canada V6T 1X2 

Dear Mr. Good: 

This responds to your letter to Secretary Baker dated May 8, 1991, which conveyed the recommendation of 
the International North Pacific Fisheries Commission (INPFC) that, in accordance with Article III, section 1(c) of the 
International Convention for the High Seas Fisheries of the North Pacific Ocean, as amended by the Protocol signed 
at Tokyo on April 25, 1978 (the Convention), the three Contracting Parties amend the present Annex of the 
Convention. 

In accordance with Article VII of the Convention, the Government of the United States of America hereby 
accepts the Commission's recommendation to amend the present Annex to the Convention as described in your letter. 

In accepting the recommendation of the Commission, the Government of the United States of America affirms 
its support for United Nations General Assembly Resolutions 44/225 and 45/197 on large-scale pelagic driftnet fishing. 
As such, our acceptance of the amendment to the Annex and the related Memorandum of Understanding does not 
signify satisfaction with, or approval of, the measures attendant to the amendment, or other INPFC programs, as 
effective to prevent unacceptable impacts of these driftnet fisheries on the living marine resources of the North Pacific, 
or to ensure the conservation of these resources. 

Sincerely, 

Curtis Bohlen 



Multilateral / Fisheries 1219 



INTERNATIONAL NORTH PACIFIC FISHERIES COMMISSION 

6640 NORTHWEST MARINE DRIVE 

VANCOUVER, B.C., CANADA V6T 1X2 

CABLE: NORTHCOM 

■ •' PHONE: (604) 228-1128 

FAX; (604) 228-1135 



23 May 1991 

The Honourable James Baker ^ 

Secretary of State 
Washington, DC 20520 
U.S.A. 

The Hon. Barbara McDougall, PC, M.P. 

Minister for External Affairs 

Room 231, West Block 

House of Commons 

Ottawa, ON 

K1A0G2 

The Honourable Taro Nakayama 
Minister for Foreign Affairs 
2-2-1 Kasumigaseki, Chiyoda-ku 
Tbkyo 100, JAPAN 

Dear Madam/Sir: 

Referring to the INPFC letter dated 1991 May 8 by Secretary Good, the Secretariat of INPFC received a notification 
on May 23, 1991, that the Government of Canada formally accepted the amendment to the Annex of the International 
Convention for the High Seas Fisheries of the North Pacific Ocean. 

As specified in Article VII, now that all three Contracting Parties have notified the Commission of their acceptance, 
the Annex is amended as of this date (1991 May 23). 

A copy of the Canadian acceptance is attached. 

. Sincerely yours, 

" , . ■ Bernard E. Skud 

Executive Director 

Attach. 



Memorandum of Understanding 

Relating to the International 

Convention for the High Seas 

Fisheries of the North Pacific Ocean, 

Vancouver, 1991 



Done at Vancouver 16 May 1991 

Entered into force 16 May 1991* 

Primary source citation: Copy of text provided by the 
U.S. Department of State 



MEMORANDUM OF UNDERSTANDING 

The Delegations of the Governments of the United States of America, Canada and Japan have agreed to record 
the following, regarding the 1991 fishing season, in connection with the recommendation of April 25, 1991 to amend 
the Annex (as amended in 1986 and 1990) to the International Convention for the High Seas Fisheries of the North 
Pacific Ocean ("the Convention"), as amended by the Protocol Amending the Convention signed at Tokyo, on April 25, 
1978. 

1 The Government of Japan will take the necessary measures to ensure the following: 

(a) Only Japanese fishing vessels previously licensed in the traditional high seas mothership salmon fishery may 
conduct fishing operations in the non-traditional landbased fishery. For 1991, fishing effort in area 2a expressed in 
cumulative tans of gear will not exceed that fished by the mothership fishery in 1989. In area 4, fishing effort expressed 
in cumulative tans of gear will not exceed the effort authorized for 1991 under the above-mentioned Annex except 
that fishing effort will be adjusted proportionally in accordance with the 1991 fishing quota. No vessel may fish more 
than 330 tans (15 kilometers) a day. 

(b) Fishing vessels in the non-traditional landbased fishery will fish in organized fleets. One vessel of each fleet 
will be designated as the commander vessel with a fleet commander on board designating fishing positions for each 
fishing vessel. Vessels in each fleet will fish in unison as was the past practice employed in the traditional mothership 
salmon fishery. 

(c) Fishing operations in area 2a (defined in paragraph 1(c) of the above-mentioned Annex) will end by July 15. 

(d) Data associated with each fishing vessel's operations in the non-traditional landbased fishery, including but 
not limited to location of daily operation, and total daily catch will be reported daily to Fisheries Agency of Japan 
(FAJ) enforcement vessels and the fleet commander. These data will be provided to the U.S. and Canadian sides 
through the International North Pacific Fisheries Commission 3 weeks prior to the 1991 annual meeting. 

(e) Not less than two FAJ patrol vessels will be deployed in each area where the non-traditional landbased fishery 
is allowed to operate. The FAJ will invite a U.S. or Canadian enforcement observer on a FAJ patrol vessel for the 



* Thie Memorandum of Understanding expired on 31 December 1991. 



Multilateral / Fisheries 1221 



duration of the fishing season. The status and scope of activities of the observer will be the same as provided for in 
sub-paragraphs (a) to (d) of paragraph 3 of the MOU on enforcement made at Vancouver, on April 9, 1986. The 
enforcement observer will be allowed to maintain daily radio contact with his domestic enforcement agency, to have 
daily access to the fishing operations information reported to the said FAJ patrol vessels pursuant to sub- 
paragraph (d) above, and to accompany FAJ inspections of all fishing vessels in the non-traditional landbased fishery, 
including log book and catch inspection. The FAJ patrol vessels will conduct random boardings so that each fishing 
vessel in the non-traditional landbased fishery is inspected at sea at least twice during the fishing season. 

(f) Before the start of the fishing season, the FAJ will provide the U.S. and Canadian sides with the names and 
brief description of the fishing vessels participating in the non-traditional landbased fishery, including but not limited 
to the International Radio Call Sign, length, horse-power, hold capacity in metric tons, license number, individual 
vessel quota, and type and quantity of fishing gear carried. Each fishing vessel is to be assigned a license number. 
This number will be displayed on both sides of the hull in a color in contrast to the background. The number must 
be in Roman letters and Arabic numerals at least 60 cm in height. 

(g) No transfers of catch at sea will be allowed. No more than two oil-tankers will be used to provide fuel to any 
fishing vessels in the non-traditional landbased fishery and they will be required to provide their noonday positions 
on a daily basis to a FAJ patrol vessel deployed in the areas where the non-traditional landbased fishery operates. 
The oil-tankers are to report to a FAJ patrol vessel before fuel is provided to a fishing vessel in the non-traditional 
landbased fishery. A FAJ patrol vessel shall monitor fuel provision activities. No resupply operations other than 
refueling from a tanker will be allowed. 

(h) In the area North of 46 degrees North Latitude, between 174 degrees East Longitude and 175 degrees East 
Longitude, and south of the United States 200 nautical mile-zone, Japanese fishing vessels engaged in the 
non-traditional landbased fishery will report their location to a FAJ patrol vessel upon entering and departing from 
this area, as well as at a fixed time every day while the vessel remains in this area. 

(i) The FAJ will verify the quantity offish caught by each fishing vessel engaged in the non-traditional landbased 
fishery before the vessel departs the fishing grounds to return to Japan and upon landing of the catch in Japan. Each 
non-traditional landbased fleet will return as a unit accompanied by a FAJ patrol vessel until the fleet enters Japan's 
200 mile-zone. Thereafter, each vessel will return directly to one of the ports designated by the FAJ where verification 
of quantity offish caught, by species, will be conducted by FAJ enforcement personnel. AU.S. or Canadian enforcement 
observer will be invited on this patrol vessel for the duration of the patrol vessel's cruise, and will be allowed to 
accompany FAJ enforcement personnel during verification offish caught by each vessel and provided access to daily 
position reports of all fishing vessels in the non-traditional landbased fishery. The Japanese side will provide the U.S. 
and Canadian sides with appropriate documentation of the verification offish caught and landed by species, and of 
the information that all vessels have returned to Japan without delay. 

(j) All of the fishing vessels engaged in the non-traditional landbased fishery will carry automatic real-time 
satellite position fixing devices (transmitters). These transmitters will allow automatic, real-time monitoring of the 
location and identity of each vessel. All costs associated with the purchase, installation, maintenance and operation 
of the transmitters, and data transmission costs will be borne by the Japanese side. The U.S. and Canadian sides 
will bear their own costs for data access. Any fishing vessel in the non-traditional landbased fishery with an 
inoperative transmitter is to be closely monitored by FAJ patrol vessels. 

(k) Collection of biological samples from fishing vessels engaged in the non-traditional landbased fishery will be 
carried out, to the extent practicable, at the same level as carried out in 1987 for the mothership salmon fishery. The 
port sampling program will be intensified by the FAJ for the catch of the traditional Japanese landbased salmon 
fleet, to the extent practicable, to achieve the same sampling level as in the non-traditional landbased fishery. 
Cooperative research in accordance with Article X of the Convention and the Memorandum of Understanding on 
Research will be continued on salmonids and marine mammals. 

(1) Two U.S. and/or Canadian and two Japanese scientific observers (four observers in total), per fleet, will be 
given the opportunity to be on board the fishing vessels during the entire fishing season. If the number of vessels in 
the fleet is reduced to less than 20 vessels in 1991, the U.S., Canadian and Japanese sides will reconsider the number 
of scientific observers. Details for the arrangements to deploy scientific observers in the non-traditional landbased 
fishery are contained in the letter from the FAJ to the appropriate agencies of the U.S. and Canada dated May 1, 
1990. 



^^^^ The Marine Mammal Commission Compendiuj 



(m) The costs related to the deployment of observers will be paid by the countries sending such observers. 

2 The Government of Japan will take these measures on amendment of the Annex as mentioned above. 

3 These arrangements will be reviewed by the three parties after the 1991 season. 

■ Tokyo, May 16, 1991 



Convention Concerning Fishing in the 
Black Sea, Varna, 1959 



Done at Varna 7 July 1959 

Entered into force 21 March 1960 

Depositary: Bulgaria 

Primary source citation: 377 UNTS 220 



CONVENTION BETWEEN THE GOVERNMENTS OF THE 

PEOPLE'S REPUBLIC OF BULGARIA, THE ROMANIAN 

PEOPLE'S REPUBLIC AND THE UNION OF SOVIET SOCIALIST 

REPUBLICS CONCERNING FISHING IN THE BLACK SEA. 

The Governments of the People's Repubhc of Bulgaria, the Romanian People's Republic and the Union of Soviet 
Socialist Republics, 

Having a common interest in the rational utilization of the fishery resources of the Black Sea and in the 
development of marine fishing, 

Have decided to conclude this Convention and have for this purpose appointed as their plenipotentiaries : 

The Government of the People's Republic of Bulgaria : Lalyu Ganchev, Deputy Minister for Trade ; 

The Government of the Romanian People's Republic : Constantin Ifeodoru, Deputy Minister for the Consumer Goods 
Industry ; 

The Government of the Union of Soviet Socialist Republics : Yury Kondratyevich Prikhodov, Ambassador Extraordi- 
nary and Plenipotentiary of the U.S.S.R. in the People's Republic of Bulgaria ; 

who, having exchanged their full powers, found in good and due form, have agreed as follows : 



Article 1 

The Contracting Parties agree to co-operate and to assist one another, in accordance vrith the provisions of this 
Convention, in carrying on rational fishing in the Black Sea, in improving fishing technique, and in carrying out 
research in the field of ichthyology and hydrobiology for the purpose of maintaining and augmenting the stocks of 
fish in the Black Sea with a view to increasing the yield. 

The provisions of this Convention shall not affect the status of the territorial and inland waters of the 
Contracting Parties. 



1223 



1224 The Marine Mammal Commission Compendium 



Article 2 

Fishing vessels of the People's Republic of Bulgaria, the Romanian People's Republic and the Union of Soviet 
Socialist Republics engaged in fishing in the open sea may enter the following ports of refuge in order to shelter from 
bad weather or in case of damage : 

In the People's Republic of Bulgaria : Balchik, Varna, Nesebur, Burgas, Sozopol and Michurin ; 

In the Romanian People's Republic : Constanta and Sulina ; . 

In the Union of Soviet Socialist Republics : Odessa, Evpatoria, Yalta, Novorossysk, Sochi, Sukhum, Poti and Batum. 

The list of ports of refuge may be amended by agreement among the Parties to the Convention. 

Article 3 

In the cases referred to in article 2 of this Convention, the fishing vessels of the Contracting Parties shall where 
necessary be given an opportunity to repair the damage and to replenish their supplies of foodstuffs, drinking water, 
fuel, lubricants and other ship's stores so that the vessel may continue on its route or return to its nearest home port, 
and an opportunity to dispose of their catch fresh at the ports of refuge if it cannot be preserved on board the vessel. 

..■ , .,■: .;:. ■ ,.- : Articled 

The procedure governing the disposal of fish and payment for services rendered to fishing vessels entering 
ports of refuge and for fish disposed of in the cases referred to in article 3 of this Convention shall be agreed between 
the competent authorities of the Parties to the Convention. 

Article 5 

The following shall be the minimum sizes at which fish may be taken : 

Beluga {Huso huso) 140 cm 

- ' - Knssian sturgeon (Acipenser giildenstaedti) 80 cm 

Sevryuga (Acipenser stellatus) 75 cm 

Turbot {Rhombus maeoticus) 35 cm 

Shad (Alosa kessleri pontica) 16 cm 

The size of a fish shall be determined by measuring its length ft-om the tip of the snout to the base of the tail fiji. 

Any fish taken which is under the prescribed size must be put back in the sea. 

The taking offish under the prescribed minimum size shall be permissible in a proportion not exceeding the 
following percentage by number of the total catch of each protected species : 

8 per cent in the case of shad (AZosa ^ess/eri ponijca) ; ' • 

5 per cent in the case of turbot {Rhombus maeoticus) ; and 

5 per cent in the case of Acipenseridae {Huso huso, Acipenser giildenstaedti, Acipenser stellatus). 

The taking of Acipenser nudiventris shall be prohibited for five years from the date of entry into force of this 
Convention. 



Multilateral / Fisheries 1225 



Article 6 

For the purpose of preparing forecasts for fishing in the Black Sea, the Contracting Parties agree to exchange 
by any suitable means operational information concerning the migration of industrial fish, indicating the time and 
place at which they congregate, the direction of movement, the density of the schools, and the hydrometeorological 
conditions in which such congregations and migrations are observed. 



Article 7 

With a view to the rational utilization of the stocks offish in the Black Sea, the Contracting Parties agree to 
exchange information annually on the results of scientific research in the fields of marine ichthyology, hydrobiology 
and fishing technique. 

The Contracting Parties shall exchange statistical data on catches offish. 



Article 8 

With a view to working out and co-ordinating measures for the application of this Convention, a Mixed 
Commission shall be established. 

Within one month after the entry into force of the Convention, each Contracting Party shall appoint one 
representative to the said Commission and shall communicate the name of its representative to the other Contracting 
Parties. 

The Mixed Commission shall meet at least once a year in the territory of each of the Contracting Parties in turn. 

The Mixed Commission shall function under a statute drafted by it at its first meeting and approved by the 
Contracting Parties. 



Article 9 

The Mixed Commission shall have the following functions : 

(1) It shall work out agreed measures to regulate fishing, with a view to the conservation and augmentation 
of the stocks offish in the Black Sea, and to develop industrial fishing technique ; 

(2) It shall introduce amendments to article 5 of the Convention concerning the species and dimensions of 
fish caught in the Black Sea. Proposals for such amendments must be communicated to the representatives of the 
Contracting Parties on the Mixed Commission not later than three months before the opening of the Commission's 
regular session ; 

(3) It shall co-ordinate the planning of scientific research projects on matters relating to fishing in the Black 
Sea, to be conducted by the competent authorities of the Contracting Parties ; 

(4) It shall determine the nature and extent of the statistical and other data which each Contracting Party 
shall furnish to the Mixed Commission for the purpose of implementing this Convention ; 

(5) It shall exchange information concerning the application of this Convention ; 

(6) It shall examine such other matters as the Contracting Parties may refer to it. 



1226 The Marine Mammal Commission Compendium 



Article 10 

The Mixed Commission shall make recommendations to the Contracting Parties on the matters referred to in 
article 9 with the exception of paragraph 2 of that article, on which the Commission may take decisions. 

Recommendations and decisions shall be deemed to be adopted by the Mixed Commission if they receive the 
favourable votes of the representatives of all the Contracting Parties. 

The recommendations of the Mixed Commission shall be submitted to the Contracting Parties for approval 
and may be given effect if none of the Parties raises objections within four months. 



Article 11 

This Convention shall not impede the conclusion of bi!Ht<>ral agreements on matters relating to fishing in the 
Black Sea between any two Contracting Parties or between a Contracting Party and any other Black Sea State, so 
long as such agreements do not conflict with the terms of this Convention. 



Article 12 

This Convention shall be ratified and shall enter into force on the date of deposit of the last instrument of 
ratification with the Government of the People's Republic of Bulgaria, in whose archives the original of the Convention 
shall be kept. 

The Government of the People's Republic of Bulgaria shall notify the Governments of all Contracting Parties 
of the date of deposit of the last instrument of ratification. 

Certified the copies of this Convention shall be transmitted by the Government of the People's Republic of 
Bulgaria to the other Contracting Parties. 



Article 13 

This Convention is concluded for a term of five years. It shall remain in force for successive terms of five years 
for those Contracting Parties which do not inform the Government of the People's Republic of Bulgaria, six months 
before the expiry of the current five-year term, that the wish to terminate the Convention. 



Article 14 

Other Black Sea States may accede to this Convention. , .^ 

Article 15 

The Government of the People's Republic of Bulgaria shall take the necessary action to register this Convention 
with the Secretariat of the United Nations. 

Done at Varna, on 7 July 1959, in one copy in the Bulgarian, Romanian and Russian languages, all texts being 
equally authentic. 



Agreement Concerning Co-operation in 
Marine Fishing, Warsaw, 1962 



Done at Warsaw 28 July 1962 

Entered into force 22 February 1963 

Depositary: Poland 

Primary source citation: 460 UNTS 234 

[Translation] 



AGREEMENT BETWEEN THE GOVERNMENTS OF THE GERMAN 

DEMOCRATIC REPUBLIC, THE POLISH PEOPLE'S REPUBLIC 

AND THE UNION OF SOVIET SOCIALIST REPUBLICS 

CONCERNING CO-OPERATION IN MARINE FISHING 

The Governments of the German Democratic Republic, the Polish People's Republic and the Union of Soviet 
Socialist Republics, 

Having a common interest in co-operation in the development of marine fishing, fishing techniques and fish 
processing technology, as well as in scientific research into the condition of live marine resources. 

Have decided to conclude this Agreement and have for this purpose appointed their Plenipotentiaries, who, 
having exchanged their full powers, found in good and due form, have agreed on the following provisions: 



Article 1 

The Contracting Parties agree to co-operate in the development of fishing in the open sea, to consult on practical 
matters relating to the organization of fishing, to exchange the results of exploration for new fishing grounds and of 
research into other marine resources, to co-ordinate their research efforts with regard to the raw-materials base of 
the open sea, and to exchange experience concerning fishing techniques and the preparation, transport and storage 
offish products. 



Article 2 

With a view to working out, co-ordinating and carrying out measures for the application of this Agreement, a 
Mixed Commission shall be established. 



1227 



1228 The Marine Mammal Commission Compendium 



Within one month after the entry into force of this Agreement, each Contracting Party shall appoint a 
representative and an alternate to the said Commission and shall communicate their names to the other Contracting 
Parties. 

The Mixed Commission shall convene at least once a year in the territory of each of the Contracting Parties 
in turn, the costs of organizing such sessions to be borne by the Party in whose territory the session is held. The place 
and date of convening of the Mixed Commission shall be determined by the Commission in advance. 

The Mixed Commission shall function in accordance with Rules of Procedure to be drafted at its first meeting 
and approved by the Contracting Parties. 



Article 3 ; 

The Mixed Commission shall have the following functions: 

( 1 ) It shall prepare plans for scientific and technical co-operation and mutual assistance in the development 
of fishing in the open sea; 

(2) It shall organize the exchange of experience in the operation of fishing fleets, in fishing techniques and 
in the storage, processing and transport of fish, as well as the exchange of information on the results of fisheries 
exploration and research into live msirine resources conducted by the Contracting Parties; 

(3) It shall submit proposals for convening scientific and technical conferences and meetings on various 
fishery problems of common interest to the Contracting Parties and shall organize the exchange of experience in the 
training of personnel; 

(4) It shall determine the nature and scope of the statistical and other data which each Contracting Psirty 
shall furnish to the Mixed Commission with a view to the implementation of this Agreement; 

(5) It shall examine such other matters as the Contracting Parties may refer to it. 



Article 4 

The Mixed Commission shall make recommendations to the Contracting Parties concerning the matters 
referred to in article 3. 

Recommendations and decisions shall be deemed to have been adopted by the Mixed Commission if they receive 
the favourable votes of the representatives of all the Contracting Parties. 

The recommendations of the Mixed Commission shall be submitted to the Contracting Parties for approval 
and shall be given efiect if none of the Parties raises an objection within two months. 



Articles 

This Agreement is subject to approval in accordance with the provisions in force in each of the Contracting 
Parties. 

Notifications of the approval of this Agreement shall be transmitted to the Government of the Polish People's 
Republic, which shall exercise depositary fianctions. 

This Agreement shall enter into force on the date of the receipt of the last notification of its approval. 



Multilateral / Fisheries 1229 



Article 6 

This Agreement is concluded for a term of five years. It shall remain in force for successive terms of five years 
for those Contracting Parties which do not denounce the Agreement at least six months before the expiry of the current 
five-year term. 



Article 7 

The Government of the Polish People's Republic shall take the necessary action to register this Agreement 
with the Secretariat of the United Nations. 

DONE at Warsaw on 28 July 1962, in one copy in the German, Polish and Russian languages, all three texts 
being equally authentic. 



International Convention for the 

Conservation of Atlantic Tunas, 

Rio de Janeiro, 1966 



i, Done at Rio de Janeiro 14 May 1966 

Entered into force 21 March 1969 

Depositary: Food and Agriculture Organization of the 
United Nations 

Primary source citation: 20 UST 2887, TIAS 6767 



INTERNATIONAL CONVENTION FOR THE 
CONSERVATION OF ATLANTIC TUNAS 



PREAMBLE 

The Governments whose duly authorised representatives have subscribed hereto, considering their mutual 
interest in the populations of tuna and tuna-like fishes found in the Atlantic Ocean, and desiring to co-operate in 
maintaining the populations of these fishes at levels which will permit the maximum sustainable catch for food and 
other purposes, resolve to conclude a Convention for the conservation of the resources of tuna and tuna-like fishes of 
the Atlantic Ocean, and to that end agree as follows: 



ARTICLE I 

The area to which this Convention shall apply, hereinafter referred to as the "Convention area", shall be all 
waters of the Atlantic Ocean, including the adjacent Seas. 



ARTICLE II 

Nothing in this Convention shall be considered as etffecting the rights, claims or views of any Contracting Party 
in regard to the limits of territorial waters or the extent of jurisdiction over fisheries under international law. 



ARTICLE III 

The Contracting Parties hereby agree to establish and maintain a Commission to be known as the 
International Commission for the Conservation of Atlantic Tunas, hereinafl^r referred to as "the 
Commission", which shall carry out the objectives set forth in this Convention. 



Multilateral / Fisheries 1231 



2. Each of the Contracting Parties shall be represented on the Commission by not more than three 
Delegates. Such Delegates may be assisted by experts and advisors. 

3. Except as may otherwise be provided in this Convention, decisions of the Commission shall be taken by 
a majority of the Contracting Parties, each Contracting Party having one vote. Two-thirds of the 
Contracting Parties shall constitute a quorum. 

4. The Commission shall hold a regular meeting once every two years. A special meeting may be called at 
any time at the request of a majority of the Contracting Parties or by decision of the Council as 
constituted in Article V. 

5. At its first meeting, and thereafter at each regular meeting, the Commission shall elect from among its 
Members a Chairman, a first Vice-Chairman and a second Vice-Chairman who shall not be re-elected 
for more than one term. 

6. The meetings of the Commission and its subsidiary bodies shall be public unless the Commission 
othenvise decides. 

7. The official languages of the Commission shall be English, French and Spanish. 

8. The Commission shall have authority to adopt such rules of procedure and financial regulations as are 
necessary to carry out its functions. 

9. The Commission shall submit a report to the Contracting Parties every two years on its work and 
findings and shall also inform any Contracting Party, whenever requested, on any matter relating to 
the objectives of the Convention. 



ARTICLE IV 

L. In order to carry out the objectives of this Convention the Commission shall be responsible for the study 
of the populations of tuna and tuna-like fishes (the Scombriformes with the exception of the families 
Trichiuridae and Gempylidae and the genus Scomber) and such other species of fishes exploited in tuna 
fishing in the Convention area as are not under investigation by another international fishery organi- 
zation. Such study shall include research on the abundance, biometry and ecology of the fishes; the 
oceanography of their environment; and the effects of natural and human factors upon their abundance. 
The Commission, in carrying out these responsibilities shall, insofar as feasible, utilise the technical 
and scientific services of, and information from, official agencies of the Contracting Parties and their 
political sub-divisions and may, when desirable, utilise the available services and information of any 
public or private institution, organization or individual, and may undertake within the limits of its 
budget independent research to supplement the research work being done by governments, national 
institutions or other international organizations. 

i. The carrying out of the provisions in paragraph 1 of this Article shall include: 

(a) collecting and analysing statistical information relating to the current conditions and trends of the tuna 
fishery resources of the Convention area; 

(b) studying and appraising information concerning measures and methods to ensure maintenance of the 
populations of tuna and tuna-like fishes in the Convention area at levels which will permit the maximum 
sustainable catch and which will ensure the effective exploitation of these fishes in a manner consistent 
with this catch; 

(c) recommending studies and investigations to the Contracting Parties; 

(d) publishing and otherwise disseminating reports of its findings and statistical, biological and other 
scientific information relative to the tuna fisheries of the Convention area. 



1232 The Marine Mammal Commission Compendium 



■ i>^'„;i--,^' V.:-. ARTICLEV •■. -v,:.---v. ...,'::,-::■/■:.■..- ..,:....:■ 

There is established within the Commission a Council which shall consist of the Chairman and the 
Vice-Chairmen of the Commission together with the representatives of not less than four and not more 
than eight Contracting Parties. The Contracting Parties represented on the Council shall be elected at 
each regular meeting of the Commission. However, if at any time the number of the Contracting Parties 
exceeds forty, the Commission may elect an additional two Contracting Parties to be represented on the 
Council. The Contracting Parties of which the Chairman and Vice-Chairmen are nationals shall not be 
elected to the Council. In elections to the Council the Commission shall give due consideration to the 
geographic, tuna fishing and tuna processing interests of the Contracting Parties, as well as to the equal 
right of the Contracting Parties to be represented on the Council. 

The Council shall perform such functions as are assigned to it by this Convention or are designated by 
the Commission, and shall meet at least once in the interim between regular meetings of the Commis- 
sion. Between meetings of the Commission the Council shall make necessary decisions on the duties to 
be carried out by the staff and shall issue necessary instructions to the Executive Secretary. Decisions 
of the Council shall be made in accordance with rules to be established by the Commission. 



ARTICLE VI 

To carry out the objectives of this Convention the Commission may establish Panels on the basis of species, 
group of species, or of geographic areas. Each Panel in such case: 

(a) shall be responsible for keeping under review the species, group of species, or geographic area under its 
purview, and for collecting scientific and other information relating thereto; 

(b) may propose to the Commission, upon the basis of scientific investigations, recommendations for joint 
action by the Contracting Parties; 

(c) may recommend to the Commission studies and investigations necessary for obtaining information 
relating to its species, group of species, or geographic area, as well as the co-ordination of programmes 
of investigations by the Contracting Parties. 



ARTICLE VII 

The Commission shall appoint an Executive Secretary who shall serve at the pleasure of the Commission. The 
Executive Secretary, subject to such rules and procedures as may be determined by the Commission, shall have 
authority with respect to the selection and administration of the staff of the Commission. He shall also perform, inter 
alia, the followfing functions as the Commission may prescribe; 

(a) co-ordinating the programmes of investigation by the Contracting Parties; 

(b) preparing budget estimates for review by the Commission; " . • ; / . • ' .;■ - 

(c) authorising the disbursement of funds in accordance with the Commission's budget; 

(d) accounting for the funds of the Commission; 

(e) arrange for co-operation with the organizations referred to in Article XI of this Convention; 

(f) preparing the collection and analysis of data necessary to accomplish the purposes of the Convention 
particularly those data relating to the current and maximum sustainable catch of tuna stocks; 

(g) preparing for approval by the Commission scientific, administrative and other reports of the Commission 
and its subsidiary bodies. 



Multilateral / Fisheries 1233 



ARTICLE VIII 

1 (a) The Commission may, on the basis of scientific evidence, make recommendations designed to maintain 
the populations of tuna and tuna-Hke fishes that may be taken in the Convention area at levels which 
will permit the maximum sustainable catch. These recommendations shall be applicable to the 
Contracting Parties under the conditions laid down in paragraphs 2 and 3 of this Article. 

(b) The recommendations referred to above shall be made: 

(i) at the initiative of the Commission if an appropriate Panel has not been established or with the 
approval of at least two-thirds of all the Contracting Parties if an appropriate Panel has been 
established; 

(ii) on the proposal of an appropriate Panel if such a Panel has been established; 

(iii) on the proposal of the appropriate Panels if the recommendation in question relates to more than 
one geographic area, species or group of species. 

2. Each recommendation made under paragraph 1 of this Article shall become effective for all Contracting 
Parties six months Eifter the date of the notification from the Commission transmitting the recommen- 
dation to the Contracting Parties, except as provided in paragraph 3 of this Article. 

3 (a) If any Contracting Party in the case of a recommendation made under paragraph 1 (b) (i) above, or any 
Contracting Party member of a Panel concerned in the case of a recommendation made under paragraph 
1 (b) (ii) or (iii) above, presents to the Commission an objection to such recommendation within the six 
months period provided for in paragraph 2 above, the recommendation shall not become effective for an 
additional sixty days. 

(b) Thereupon any other Contracting Party may present an objection prior to the expiration of the additional 
sixty days period, or within forty-five days of the date of the notification of an objection made by another 
Contracting Party within such additional sixty days, whichever date shall be the later. 

(c) The recommendation shall become effective at the end of the extended period or periods for objection, 
except for those Contracting Parties that have presented an objection. 

(d) However, if a recommendation has met with an objection presented by only one or less than one-fourth 
of the Contracting Parties, in accordance with sub-paragraphs (a) and (b) above, the Commission shall 
immediately notify the Contracting Party or Parties having presented such objection that it is to be 
considered as having no effect. 

(e) In the case referred to in sub-paragraph (d) above the Contracting Party or Parties concerned shall have 
an additional period of sixty days from the date of said notification in which to reaffirm their objection. 
On the expiry of this period the recommendation shall become effective, except with respect to any 
Contracting Party having presented an objection and reaffirmed it within the delay provided for. 

(f) If a recommendation has met with objection from more than one-fourth but less than the majority of 
the Contracting Parties, in accordance with sub-paragraphs (a) and (b) above, the recommendation shall 
become effective for the Contracting Parties that have not presented an objection thereto. 

(g) If objections have been presented by a majority of the Contacting Parties the recommendation shall not 
become effective. 

4. Any Contracting Party objecting to a recommendation may at any time withdraw that objection, and 
the recommendation shall become effective with respect to such Contracting Party immediately if the 
recommendation is already in effect, or at such time as it may become effective under the terms of this 
Article. 

5. The Commission shall notify each Contracting Party immediately upon receipt of each objection and of 
each withdrawal of an objection, and of the entry into force of any recommendation. 



1234 The Marine Mammal Commission Compendium 



ARTICLE IX 

1. The Contracting Parties agree to take all action necessary to ensure the enforcement of this Convention. 
Each Contracting Party shall transmit to the Commission, biennially or at such other times as may be 
required by the Commission, a statement of the action taken by it for these purposes. 

2. The Contracting Parties agree: 

(a) to furnish, on the request of the Commission, any available statistical, biological and other scientific 
information the Commission may need for the purposes of this Convention; 

(b) when their official agencies are unable to obtain and furnish the said information, to allow the 
Commission, through the Contracting Parties, to obtain it on a voluntary basis direct from companies 
and individual fishermen. 

3. The Contracting Parties undertake to collaborate with each other with a view to the adoption of suitable 
effective measures to ensure the application of the provisions of this Convention and in particular to set 
up a system of international enforcement to be applied to the Convention area except the territorial sea 
and other waters, if any, in which a state is entitled under international law to exercise jurisdiction over 
fisheries. 



ARTICLE X 

1. The Commission shall adopt a budget for the joint expenses of the Commission for the biennium following 
each regular meeting. 

2. Each Contracting Party shall contribute annually to the budget of the Commission an amount equal to: 

(a) U.S. $ 1,000 (one thousand United States dollars) for Commission membership. 

(b) U.S. $ 1,000 (one thousand United States dollars) for each Panel membership. 

(c) If the proposed budget for joint expenses for any biennium should exceed the whole amount of 
contributions to be made by the Contracting Parties under (a) and (b) of this paragraph, one-third of 
the amount of such excess shall be contributed by the Contracting Parties in proportion to their 
contributions made under (a) and (b) of this paragraph. For the remaining two-thirds the Commission 
shall determine on the basis of the latest available information: 

(i) the total of the round weight of catch of Atlantic tuna and tuna-like fishes and the net weight of 
canned products of such fishes for each Contracting Party; 

(ii) the total of (i) for all Contracting Parties. ' 

.: Each Contracting Party shall contribute its share of the remaining two thirds in the same ratio that its 

total in (i) bears to the total in (ii). That part of the budget referred to in this sub-paragraph shall be 
set by agreement of all the Contracting Parties present and voting. 

3. The Council shall review the second half of the biennial budget at its regular meeting between 
Commission meetings and, on the basis of current and anticipated developments, may authorise 
re-apportionment of amounts in the Commission budget for the second year within the total budget 
approved by the Commission. 

4. The Executive Secretary of the Commission shall notify each Contracting Party of its yearly assessment. 
The contributions shall be payable on January first of the year for which the assessment was levied. 
Contributions not received before January first of the succeeding year shall be considered as in arrears. 

5. Contributions to the biermial budget shall be payable in such currencies as the Commission may decide. 



Multilateral / Fisheries 1235 



6. At its first meeting the Commission shall approve a budget for the balance of the first year the 
Commission functions and for the following biennium. It shall immediately transmit to the Contracting 
Parties copies of these budgets together with notices of the respective assessments for the first annual 
contribution. 

7. Thereafter, within a period not less than sixty days before the regular meeting of the Commission which 
precedes the biennium, the Executive Secretary shall submit to each Contracting Party a draft biennial 
budget together with a schedule of proposed assessments. 

8. The Commission may suspend the voting rights of any Contracting Party when its arrears of contribu- 
tions equal or exceed the amount due from it for the two preceding years. 

9. The Commission shall establish a Working Capital Fund to finance operations of the Commission prior 
to receiving annual contributions, and for such other purposes as the Commission may determine. The 
Commission shall determine the level of the Fund, assess advances necessary for its establishment, and 
adopt regulations governing the use of the Fund. 

10. The Commission shall arrange an annual independent audit of the Commission's accounts. The reports 
of such audits shall be reviewed and approved by the Commission, or by the Council in years when there 
is no regular Commission meeting. 

11. The Commission may accept contributions, other than provided for in paragraph 2 of this Article, for 
the prosecution of its work. 



ARTICLE XI 

The Contracting Parties agree that there should be a working relationship between the Commission 
and the Food and Agriculture Organization of the United Nations. To this end the Commission shall 
enter into negotiations with the Food and Agriculture Organization of the United Nations with a view 
to concluding an agreement pursuant to Article XIII of the Organization's Constitution. Such agreement 
should provide, inter alia, for the Director-General of the Food and Agriculture Organization of the 
United Nations to appoint a Representative who would participate in all meetings of the Commission 
and its subsidiary bodies, but without the right to vote. 

The Contracting Parties agree that there should be co-operation between the Commission and other 
international fisheries commissions and scientific organizations which might contribute to the work of 
the Commission. The Commission may enter into agreements with such commissions and organizations. 

The Commission may invite any appropriate international organization and any Government which is 
a member of the United Nations or of any Specialized Agency of the United Nations and which is not a 
member of the Commission, to send observers to meetings of the Commission and its subsidiary bodies. 



ARTICLE XII 

This Convention shall remain in force for ten years and thereafter until a majority of Contracting Parties 
agree to terminate it. 

At any time after ten years from the date of entry into force of this Convention, any Contracting Party 
may withdraw from the Convention on December thirty-first of any year including the tenth year by 
written notification of withdrawal given on or before December thirty-first of the preceding year to the 
Director-General of the Food and Agriculture Organization of the United Nations. 

Any other Contracting Party may thereupon withdraw from this Convention with effect from the same 
December thirty-first by giving written notification of withdrawal to the Director-General of the Food 
and Agriculture Organization of the United Nations not later than one month from the date of receipt 



1236 The Marine Mammal Commission Compendium 



of information from the Director-General of the Food and Agriculture Organization of the United Nations 
concerning any withdrawal, but not later than April first of that year. 



ARTICLE XIII 

Any Contracting Party or the Commission may propose amendments to this Convention. The Director- 
General of the Food and Agriculture Organization of the United Nations shall transmit a certified copy 
of the text of any proposed amendment to all the Contracting Parties. Any amendment not involving 
new obligations shall take effect for all Contracting Parties on the thirtieth day after its acceptance by 
three-fourths of the Contracting Parties. Any amendment involving new obligations shall take effect for 
each Contracting Party accepting the amendment on the ninetieth day after its acceptance by three- 
fourths of the Contracting Parties and thereafter for each remaining Contracting Party upon acceptance 
by it. Any amendment considered by one or more Contracting Parties to involve new obligations shall 
be deemed to involve new obligations and shall take effect accordingly. A government which becomes a 
Contracting Party after an amendment to this Convention has been opened for acceptance pursuant to 
the provisions of this Article shall be bound by the Convention as amended when the said amendment 
comes into force. 

Proposed amendments shall be deposited with the Director-General of the Food and Agriculture 
Organization of the United Nations. Notifications of acceptance of amendments shall be deposited with 
the Director-General of the Food and Agriculture Organization of the United Nations. 



ARTICLE XIV 

This Convention shall be open for signature by any Government which is a member of the United Nations 
or of any Specialized Agency of the United Nations. Any such Government which does not sign this 
Convention may adhere to it at any time. 

This Convention shall be subject to ratification or approval by signatory countries in accordance with 
their constitutions. Instruments of ratification, approval, or adherence shall be deposited with the 
Director-Greneral of the Food and Agriculture Organization of the United Nations. 

This Convention shall enter into force upon the deposit of instruments of ratification, approval, or 
adherence by seven Governments and shall enter into force with respect to each Government which 
subsequently deposits an instrument of ratification, approval or adherence on the date of such deposit. 



ARTICLE XV 

The Director-General of the Food and Agriculture Organization of the United Nations shall inform all 
Governments referred to in paragraph 1 of Article XTV of deposits of instruments of ratification, approval or adherence, 
the entry into force of this Convention, proposals for amendments, notifications of acceptance of amendments, entry 
into force of amendments, and notifications of withdrawal. 



ARTICLE XVI 

The original of this Convention shall be deposited vnth the Director-General of the Food and Agriculture 
Organization of the United Nations who shall send certified copies to the Governments referred to in paragraph 1 or 
Article XIV. 

IN WITNESS WHEREOF the representatives duly authorized by their respective Governments have signed 
the present Convention. Done at Rio de Janeiro this fourteenth day of May 1966 in a single copy in the English, 
French and Spanish languages, each version being equally authoritative. 



Protocol to the International 

Convention for the Conservation of 

Atlantic Tunas, Paris, 1984 



Done at Paris 10 July 1984 

Not in force 

Primary source citation: Senate Treaty 

Document 99-4, 99th Congress, 1st Session, 

U.S. Government Printing Office, Washington, 1985 



Protocol Attached to the Final Act of the Conference of 

plenffotentl^lries of the states parties to the international 

Convention for the Conservation of Atlantic Tunas 

I. Articles XTV, XV and XVI of the International Convention for the Conservation of Atlantic Tunas are 
modified as follows: 



ARTICLE XIV 

1. This Convention shall be open for signature by the Government of any State which is a Member of the 
United Nations or of any Specialized Agency of the United Nations. Any such Government which does not sign this 
Convention may adhere to it at any time. 

2. This Convention shall be subject to ratification or approval by signatory countries in accordance with 
their Constitutions. Instruments of ratification, approval, or adherence shall be deposited with the Director-General 
of the Food and Agriculture Organization of the United Nations. 

3. This Convention shall enter into force upon the deposit of instruments of ratification, approval, or 
adherence by seven Governments and shall enter into force with respect to each Government which subsequently 
deposits an instrument of ratification, approval, or adherence on the date of such deposit. 

4. This Convention shall be open for signature or adherence by any inter-governmental economic integration 
organization constituted by States that have transferred to it competence over the matters governed by this 
Convention, including the competence to enter into treaties in respect of those matters. 

5. Upon the deposit of its instrument of formal confirmation or adherence, any organization referred to in 
paragraph 4 shall be a Contracting Party having the same rights and obligations in respect of the provisions of the 
Convention as the other Contracting Parties. Reference in the text of the Convention to the term "State" in Article IX, 
paragraph 3, and to the term "government" in the Preamble and in Article XIII, paragraph 1, shall be interpreted in 
this manner. 



1238 The Marine Mammal Commission Compendium 



6. When an organization referred to in paragraph 4 becomes a Contracting Party to this Convention, the 
member states of that organization and those which adhere to it in the future shall cease to be parties to the 
Convention; they shall transmit a written notification to this effect to the Director-General of the Food and Agriculture 
Organization of the United Nations. 



ARTICLE XV 

The Director-General of the Food and Agriculture Organization of the United Nations shall inform all 
Governments referred to in paragraph 1 of Article XTV and all the organizations referred to in paragraph 4 of the 
same Article of deposits of instruments of ratification, approval, formal confirmation or adherence, the entry into 
force of this Convention, proposals for amendments, notifications of acceptance of amendments, entry into force of 
amendments, and notifications of withdrawal. 



ARTICLE XVI 

The original of this Convention shall be deposited with the Director-General of the Food and Agriculture 
Organization of the United Nations who shall send certified copies of it to the Governments referred to in paragraph 1 
of Article XTV and to the organizations referred to in paragraph 4 of the same Article. 

II. The original of this Protocol, the English, French and Spanish texts of which are equally authentic, shall 
be deposited with the Director-General of the Food and Agriculture Organization of the United Nations. It shall be 
open for signature in Rome until September 10, 1984. The Contracting Parties to the International Convention for 
the Conservation of Atlantic Tunas that have not signed the Protocol by that date may nevertheless deposit their 
instruments of acceptance at any time. The Director-General of the Food and Agriculture Organization of the United 
Nations shall send a certified copy of this Protocol to each of the Contracting Parties to the International Convention 
for the Conservation of Atlantic Tunas. 

III. This Protocol shall enter into force upon deposit with the Director-General of the Food and Agriculture 
Organization of the United Nations of instruments of approval, ratification or acceptance of all Contracting Parties. 
In this regard, the provisions set out in the last sentence of paragraph 1 of Article XIII of the International Convention 
for the Conservation of Atlantic Tunas shall apply mutatis mutandis. The date of entry into force shedl be the thirtieth 
day following the deposit of the last instrument. 

Done at Paris, July 10, 1984. ; ,, -j ■ 



Protocol to Amend Paragraph 2 of 
Article X of the International 

Convention for the Conservation of 
Atlantic Tunas, Madrid, 1992 



Done at Madrid 5 June 1992 

Not in force 

Primary source citation: Senate Treaty Document 

103-4, 103d Congress, 1st Session, U.S. Government 

Printing Office, Washington, 1993 



PROTOCOL 

to Amend Paragraph 2 of Article X of the International 

Convention for the Conservation of Atlantic Tunas 

The Contracting Parties to the International Convention for the Conservation of Atlantic Tunas, adopted in 
Rio de Janeiro on May 14, 1966, 

Have agreed as follows: 



ARTICLE 1 

Paragraph 2 of Article X of the Convention shall be modified as follows: 

"2. Each Contracting Party shall contribute annually to the budget of the Commission an 
amount calculated in accordance with a scheme provided for in the Financial Regulations, 
as adopted by the Commission. The Commission, in adopting this scheme, should consider 
inter alia each Contracting Party's fixed basic fees for Commission and Panel membership, 
the total round weight of catch and net weight of canned products of Atlantic tuna and 
tuna-like fishes and the degree of economic development of the Contracting Parties. 

"The scheme of annual contributions in the Financial Regulations shall be established or 
modified only through the agreement of all the Contracting Parties present and voting. 
The Contracting Parties shall be informed of this ninety days in advance." 



ARTICLE 2 

The original of this Protocol, the English, French and Spanish texts of which are equally authentic, shall 
be deposited with the Director-General of the Food and Agriculture Organization of the United Nations. 
It shall be open for signature in Madrid on June 5, 1992 and thereafter in Rome. The Contracting Parties 



1240 The Marine Mammal Commission Compendiui 



to the Convention that have not signed the Protocol may nevertheless deposit their instruments of 
acceptance at any time. The Director-General of the Food and Agriculture Organization of the United 
Nations shall send a certified copy of this Protocol to each of the Contracting Parties to the Convention. 



ARTICLES 

This Protocol shall enter into force for all the Contracting Parties the ninetieth day following the deposit 
with the Director-General of the Food and Agriculture Organization of the United Nations of the last 
instrument of approval, ratification or acceptance by three-quarters of the Contracting Parties, and 
these three-quarters shall include all of the Parties classified by the United Nations Conference on Trade 
and Development as of June 5, 1992, as developed market economy countries. Any Contracting Party 
not included in this category of countries can, within six months following the notification of the adoption 
of the Protocol by the Director-General of the Food and Agriculture Organization of the United Nations, 
request the suspension of the entry into force of said Protocol. The provisions set out in the last sentence 
of Paragraph 1 of Article XIII of the International Convention for the Conservation of Atlantic Tunas 
shall apply mutatis mutandis. 



ARTICLE 4 

The scheme of calculating the amount of the contribution of each Contracting Party provided by the 
Financial Regulations, shall be applied from the financial period following that in which this Protocol 
enters into force. 

IN WITNESS WHEREOF, the undersigned, duly authorized representatives of the States listed below, have 
signed this Protocol: 



Convention on Conduct of Fishing 

Operations in the North Atlantic, 

London, 1967 



Done at London 1 June 1967 

Entered into force 26 September 1976* 

Depositary: United Kingdom 

Primary source citation: Senate Executive D, 

91st Congress, 1st Session, 

U.S. Government Printing Office, Washington, 1969 



CONVENTION ON CONDUCT OF FISHING OPERATIONS 
IN THE NORTH ATLANTIC 

The Governments of Belgium, Canada, Denmark, the French Repubhc, the Federal Republic of CJermany, 
Iceland, Ireland, Italy, Luxembourg, the Netherlands, Norway, the Polish People's Republic, Portugal, Spain, Sweden, 
the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United 
States of America, 

Desiring to ensure good order and conduct on the fishing grounds in the North Atlantic area; 

Have agreed as follows: 

Article 1 

(1) The present Convention applies to the waters of the Atlantic and Arctic Oceans and their dependent 
seas which are more specifically defined in Annex I to this Convention. 

(2) In this Convention 

"fishing vessel" means any vessel engaged in the business of catching fish; 

"vessel" means any fishing vessel and any vessel engaged in the business of processing fish or providing 
supplies or services to fishing vessels. 

Article 2 

Nothing in this Convention shall be deemed to affect the rights, claims or views of any Contracting Party in 
regard to the limits of territorial waters or national fishery limits, or of the jurisdiction of a coastal State over fisheries. 

* This Convention is not in force for the United States. 



1241 



1242 The Marine Mammal Commission Compendium 



Articles 

(1) The fishing vessels of each Contracting Party shall be registered and marked in accordance with the 
regulations of that Party in order to ensure their identification at sea. 

(2) The competent authority of each Contracting Party shall specify one or more letters and a series of 
numbers for each port or district. 

(3) Each Contracting Party shall draw up a list showing these letters. 

(4) This list, and all modifications which may subsequently be made in it, shall be notified to the other 
Contracting Parties. 

(5) The provisions of Annex II to this Convention shall apply to fishing vessels and their small boats and 
fishing implements. 

Article 4 

(1) In addition to complying with the rules relating to signals as prescribed in the International Regulations 
for Preventing Collisions at Sea, the fishing vessels of each Contracting Party shall comply with the provisions of 
Annex III to this Convention. 

(2) No other additional light and sound signals than those provided in the Annex shall be used. 



Article 5 

Nets, lines and other gear anchored in the sea and nets or lines which drift in the sea shall be marked in order to 
indicate their position and extent. The marking shall be in accordance with the provisions of Annex IV to this Convention. 

Article 6 

(1) Subject to compliance wdth the International Regulations for Preventing Collisions at Sea all vessels 
shall conduct their operations so as not to interfere with the operations of fishing vessels or fishing gear and shall 
conform to the provisions of Annex V to this Convention. 

(2) For the better implementation of these provisions the competent authorities of Contracting Parties may 
at their discretion notify the competent authorities of other Contracting Parties likely to be concerned of concentrations 
or probable concentrations known to them of fishing vessels or fishing gear, and Contracting Parties receiving such 
notification shall take such steps as are practicable to inform their vessels thereof The authorised officers appointed 
in accordance with Article 9 of this Convention may also draw the attention of vessels to fishing gear placed in the sea. 

Article 7 " '"' ■■'■^" ■ 

(1) In any dispute that arises between the nationals of different Contracting Parties concerning damaged 
gear or damage to vessels resulting from entanglement of gear, the following procedure will apply in the absence of 
agreement among the Contracting Parties concerning the resolution of such disputes: 

At the request of the Contracting Party of a complainant each Contracting Party concerned will appoint 
a review board or other appropriate authority for handling the claim. These boards or other authorities will 
examine the facts and endeavour to bring about a settlement. 

(2) These arrangements are vidthout prejudice to the rights of complainants to prosecute their claims by 
way of ordinary legal procedure. 



Multilateral / Fisheries 1243 



Article 8 

(1) Each Contracting Party undertakes to take such measures as may be appropriate to implement and 
enforce the provisions of this Convention with respect to its vessels and gear. 

(2) Within the area where a coastal State has jurisdiction over fisheries, the implementation and enforce- 
ment of the provisions of this Convention shall be the responsibility of the coastal State. 

(3) Within that area the coastal State may make special rules and exemptions from any of the Rules in 
Annexes II to V to this Convention for vessels or gear which by reason of their size or type operate or are set only in 
coastal waters, provided that there shall be no discrimination in form or in fact against vessels of other Contracting 
Parties entitled to fish in those waters. Before making special rules and exemptions under this paragraph in respect 
of areas in which foreign fishing vessels operate a Contracting Party shall inform the Contracting Parties concerned 
of their intentions and consult them if they so wish. 



Article 9 

(1) To facilitate the implementation of the provisions of the Convention the arrangements set out in this 
Article and in Annex VI to this Convention shall apply outside national fishery limits. 

(2) Authorised officers means officers who may be appointed by the Contracting Parties for the purpose of 
these arrangements. 

(3) Any Contracting Party shall, upon the request of another Contracting Party, notify the latter of the 
names of the authorised officers who have been appointed or of the ships in which such officers are carried. 

(4) Authorised officers shall observe whether the provisions of the Convention are being carried out, enquire 
and report on infringements of the provisions of the Convention, seek information in cases of damage, where desirable 
draw the attention of vessels of Contracting Parties to the provisions of the Convention, and shall co-operate for these 
purposes wdth the authorised officers of other Contracting Parties. 

(5) If an authorised officer has reason to believe that a vessel of any Contracting Party is not complying 
with the provisions of the Convention, he may identify the vessel, seek to obtain the necessary information from the 
vessel and report. If the matter is sufficiently serious, he may order the vessel to stop and, if it is necessary in order 
to verify the facts of the case, he may board the vessel for enquiry and report. 

(6) If an authorised officer has reason to believe that a vessel or its gear has caused damage to a vessel or 
fishing gear and that this may be due to a breach of the Convention, he may, under the same conditions as in the 
preceding paragraph, order any vessel concerned to stop and board it for enquiry and report. 

(7) An authorised officer shall not order a fishing vessel to stop while it is actually fishing or engaged in 
shooting or hauling gear except in an emergency to avoid damage to vessels or gear. 

(8) An authorized officer shall not pursue his enquiries further than is necessary to satisfy him either that 
there has been no breach of the Convention, or, where it appears to him that a breach has occurred, to secure 
information about the relevant facts, always acting in such a manner that vessels suffer the minimum interference 
and inconvenience. 

(9) An authorised officer, may, in case of damage to a vessel or fishing gear, offer to conciliate at sea, and if 
the parties concerned agree to this, assist them in reaching a settlement. At the request of the parties concerned the 
authorised officer shall draw up a protocol recording the settlement reached. 

(10) Resistance by a vessel to the directions of an authorised officer shall be deemed as resistance to the 
authority of the flag State of that vessel. 

(11) The Contracting Parties shall consider and act on reports of foreign authorised officers under these 
arrangements on the same basis as reports of national officers. The provisions of this paragraph shall not impose 



1244 The Marine Mammal Commission Compendium 



any obligation on a Contracting Party to give the report of a foreign authorised officer a higher evidential value than 
it would possess in the authorised officer's own country. Contracting Parties shall collaborate in order to facilitate 
judicial or other proceedings arising from a report of an authorised officer under this Convention. 

(12) An authorised officer shall not exercise his powers to board a vessel of another Contracting Party if an 
authorised officer of that Contracting Party is available and in a position to do so himself. 



Article 10 

(1) Any Contracting Party may propose amendments to the Articles of this Convention. The text of any 
proposed amendment shall be sent to the depositary Government, which shall transmit copies thereof to all 
Contracting Parties and signatory Governments. Any amendment shall take effect on the thirtieth day afler its 
acceptance by all Contracting Parties. 

(2) When requested by one-fourth of the Contracting Parties, the depositary Government shall convene a 
meeting of Contracting Parties to consider the need for amending the Articles of this Convention. Amendments shall 
be adopted unanimously at such a meeting and shall be notified by the depositary Government to all Contracting 
Parties and shall take effect on the thirtieth day after they have been accepted by all Contracting Parties. 

(3) Notifications of acceptance of amendments shall be sent to the depositary Government. 



Article 11 

(1) Any Contracting Party may propose amendments to the Annexes to this Convention. The text of any 
proposed amendment shall be sent to the depositary Government, which shall transmit copies thereof to all 
Contracting Parties and signatory Governments. The depositary Government shall inform all Contracting Parties of 
the date on which notices of acceptance of an amendment by two-thirds of the Contracting Parties have been received. 
The amendment shall take effect with respect to all Contracting Parties on the one hundred and fiftieth day after 
that date, unless within a period of one hundred and twenty days from the same date any Contracting Party notifies 
the depositary Government of its objection to the amendment, in which case the amendment will have no effect. 

(2) When requested by three Contracting Parties the depositary Government shall convene a meeting of 
Contracting Parties to consider the need for amending the Annexes to this Convention. An amendment adopted at 
such a meeting by a two-thirds majority of the Contracting Parties represented shall be notified by the depositary 
Government to all Contracting Parties and shall take effect with respect to all Contracting Parties on the two hundred 
and tenth day after the date of notification, unless within one hundred and eighty days from the date of notification 
any Contracting Party notifies the depositary Government of its objection to the amendment, in which case the 
amendment will have no effect. 



Article 12 

The Contracting Parties shall notify the depositary Government of the competent authorities they have 
designated for the purposes of each of the relevant provisions of this Convention. The depositary Government shall 
inform the Contracting Parties of any such notification. 



Article 13 

(1) Any dispute between two or more Contracting Parties concerning the interpretation or application of this 
Convention which cannot be settled through negotiation shall, at the request of one of them, be submitted to arbitration. 

(2) The request for arbitration shall include a description of the claim to be submitted and a summary 
statement of the grounds on which the claim is based. 



Multilateral / Fisheries 1245 



(3) Unless the parties agree otherwise, the arbitration commission shall be composed of one member appointed 
by each party to the dispute and an additional member, who shall be the chairman, chosen in common agreement between 
the parties. The arbitration commission shall decide on the matters placed before it by simple majority and its decisions 
shall be binding on the parties. Other details of procedure shall be determined by special agreement between the parties. 

(4) Notwithstanding the provisions of paragraph (3), the parties may agree to submit the dispute to 
arbitration in accordance with another arrangement operating between the parties. 

(5) If within six months from the date of the request for arbitration the parties are unable to agree on the 
organisation of the arbitration, any one of those parties may refer the dispute (as referred to in paragraph (1) to the 
International Court of Justice by request in conformity with the Statute of the Court. 

(6) Notwithstanding the provision of paragraph (1), the parties may agree to submit the dispute to the 
International Court of Justice. 



Article 14 

(1) Except as provided in paragraphs (2) and (3) below and paragraph (3) of Article 17, no reservations may 
be made to the present Convention without the agreement of the Contracting Parties and signatory Governments. 
When one year has elapsed after the entry into force of the Convention, the agreement of the Contracting Parties 
only shall be required. 

(2) At the time of signature, ratification, approval or accession any State may make a reservation to 
Article 13 of the present Convention. 

(3) Any State may, at the time of signature, ratification, approval or accession, make a reservation to 
paragraphs (5) and (6) of Article 9 with respect to one or more of the other Contracting Parties or signatory Governments. 

(4) Any State which has made a reservation in accordance with the preceding paragraphs or paragraph (3) 
of Article 17 may at any time withdraw the reservation by a communication to that effect addressed to the depositary 
Government. 



Article 15 

The present Convention shall be open for signature at London from 1st June to 30th November, 1967. It is 
subject to ratification or approval. The instruments of ratification or approval shall be deposited as soon as possible 
with the Government of the United Kingdom of Great Britain and Northern Ireland. 



Article 16 

(1) The present Convention shall enter into force on the ninetieth day following the date of deposit of the 
tenth instrument of ratification or approval. 

(2) Thereafter the Convention shall enter into force for each State on the ninetieth day after deposit of its 
instrument of ratification or approval. 



Article 17 

(1) Any State which has not signed the Convention may accede thereto at any time after the Convention 
has entered into force, provided that three-fourths of the Contracting Parties and signatory Governments agree to 
the proposed accession. When one year has elapsed after the entry into force of the Convention, the agreement of 
three-fourths of the Contracting Parties only shall be required. 



1246 The Marine Mammal Commission Compendium 



(2) Accession shall be effected by the deposit of an instrument of accession with the Government of the 
United Kingdom of Great Britain and Northern Ireland. The Convention shall enter into force for each acceding State 
on the ninetieth day after the deposit of its instrument of accession. 

(3) At any time up to the entry into force of the Convention for a State which accedes under this Article, a 
Contracting Party may msike a reservation to paragraphs (5) and (6) of Article 9 with respect to that State. 



Article 18 

(1) Any Contracting Party may, when depositing its instruments of ratification, approval or accession, or 
at any later date, by declaration addressed to the depositary Government, extend this Convention to any territory or 
territories for whose international relations it is responsible. The provisions of this Convention shall enter into force 
for such territory or territories on the ninetieth day after receipt of such declaration, or on the date on which the 
Convention enters into force in accordance with paragraph (1) of Article 16, whichever is the later. 

(2) Any declaration made in pursuemce of the preceding paragraph may, in respect of any territory 
mentioned in such declaration, be withdrawn according to the procedure laid down in Article 19. 



Article 19 

At any time after four years from the date on which this Convention has entered into force in accordance writh 
paragraph (1) of Article 16, any Contracting Party may denounce the Convention by means of a notice in writing 
addressed to the depositary Government. Any such notice shall take effect twelve months alter the date of its receipt. 
The Convention shall remain in force as between the other Parties. 



Article 20 

When the present Convention has entered into force, it shall be registered by the depository Government with 
the Secretariat of the United Nations in accordance with Article 102 of its Charter. 

In witness whereof the undersigned, being duly authorised thereto, have signed the present Convention. 

Done at London this first day of Jime, 1967, in the English and French languages, each text being equally authentic, 
in a single original which shall be deposited in the archives of the Government of the United Kingdom of Great Britain 
and Northern Ireland, which shall transmit a certified true copy thereof to each signatory and acceding Government. 



Annex I 
AREA OF APPLICATION OF CONVENTION 

The waters of the Atlantic and Arctic Oceans and dependent seas to which this Convention applies are the 
waters seaward of the baselines of the territorial sea vrithin the area bounded: 

(a) in the south by a line drawn due west along 36° north latitude to 42° west longitude, thence due 
south to 35° north latitude, thence due west along 35° north latitude; 

(6) in the west by a line drawn southward from a point on the coast of Greenland at 78° 10' north 
latitude to a point 75° north latitude and 73° 30' west longitude, thence along a rhumb line to a point 
69° north latitude and 59° west longitude, thence due south to 61° north latitude, thence due west to 
64° 30' west longitude, thence due south to the coast of Labrador, and thence south along the coast of North 
America; 



Multilateral / Fisheries 1247 



(c) in the east by 51° east longitude, but excluding — 

(i) the Baltic Sea and Belts lying to the south and east of lines drawn from Hasenore Head to 
Gniben Point and from Gilbierg Head to the Kullen; and 

(ii) the Mediterranean Sea and its dependent seas as far as the meridism of 5° 36' west longitude. 



Annex II 
IDENTIFICATION AND MARKING OF FISHING VESSELS AND GEAR 

Rule 1 

(1) The letter or letters of the port or district in which each fishing vessel is registered and the number 
under which it is registered shall be painted on the bow of the fishing vessel at both sides, and may also be painted 
on the upper part of the fishing vessel so as to be clearly visible from the air. 

(2) The name of the fishing vessel, if any, and the name of the port or district in which it is registered shall 
be painted on the fishing vessels so as to be clearly visible. 

(3) The names, letters and numbers placed on a fishing vessel shall be large enough to be easily recognised 
and shall not be effaced, altered, made illegible, covered or concealed. 

(4) Small boats, and where practicable, all fishing implements shall be marked with the letter or letters 
and number of the fishing vessel to which they belong. The ownership of nets or other fishing implements may be 
distinguished by private marks. 



(1) Each fishing vessel shall carry on board an official document, issued by the competent authority of its 
country, showing the name, if any, and description of the vessel, its nationality, its registration letter or letters and 
number, and the name of the owner or of the firm or association to which it belongs. 

(2) Each fishing vessel shall carry a national flag in good condition to be shown at the request of the 
competent authorities. 

(3) The nationality of a fishing vessel shall not be concealed in any manner whatsoever. 



Annex III 
ADDITIONAL SIGNALS TO BE USED BY FISHING VESSELS 

Rule 1 
General 

(1) Subject to compliance with the International Regulations for Preventing Collisions at Sea, the Rules 
herein are intended to prevent damage to fishing gear or accidents in the course of fishing operations. 

(2) The Rules herein concerning lights shall apply in all weathers from sunset to sunrise when fishing 
vessels are engaged in fishing as a fleet and during such times no other lights shall be exhibited, except the lights 
prescribed in the International Regulations for Preventing Collisions at Sea and such lights as cannot be mistaken 



1248 The Marine Mammal Commission Compendium 



for the prescribed lights or do not impair their visibility or distinctive character, or interfere viith the keeping of a 
proper look-out. These lights may also be exhibited from sunrise to sunset in restricted visibility and in all other 
circumstances when it is deemed necessary. 

(3) For the purpose of these Rules the words employed shall have the meaning set down in the International 
Regulations for Preventing Collisions at Sea except that the term "fishing vessel" shall have the meaning assigned 
to it in Article 1 (2) of this Convention. 

(4) The lights mentioned herein shall be placed where they can best be seen. They should be at least 3 feet 
(092 m.) apart but at a lower level than the lights prescribed in Rule 9(c) (i) and (d) of the International Regulations 
for Preventing Collisions at Sea 1960. They shall be visible at a distance of at least 1 mile, all round the horizon as 
nearly as possible and their visibility shall be less than the visibility of lights exhibited in accordance with Rule 9(6) 
of the above Regulations. 

Rule 2 
Signals for Trawling and Drift netting 

(1) Fishing vessels, when engaged in trawling, whether using demersal or pelagic gear shall exhibit: 

(i) when shooting their nets: 
two white lights in a vertical line one over the other; 

(ii) when hauling their nets: 
one white light over one red light in a vertical line one over the other; 

' ' (iii) when the net has come fast upon an obstruction: 

two red lights in a vertical line one over the other. 

(2) Fishing vessels engaged in drift netting may exhibit the lights prescribed in (1) above. 

(3) Each fishing vessel engaged in pair trawling shall exhibit: 

(i) by day: the T" flag — "Keep clear of me. I am engaged in pair trawling", hoisted at the foremast; 

(ii) by night: a searchlight shone forward and in the direction of the other fishing vessel of the pair; 

(iii) when shooting or hauling the net or when the net has come fast upon an obstruction: the lights 
prescribed in (1) above. 

(4) This rule need not be applied to fishing vessels of less than 65 feet (19-80 m.) in length. Any such 
exception and the areas in which fishing vessels so excepted are likely to be numerous shall be notified to the 
competent authorities of the other Contracting Parties likely to be concerned. 



Light signals for Purse Seining 

(1) Fishing vessels engaged in fishing with purse seines shall show two amber coloured lights, in a vertical 
line one over the other. These lights shall be flashing intermittently about once a second in such a way that when 
the lower is out the upper is on and vice versa. These lights shall only be shown while the fishing vessel's free movement 
is hampered by its fishing gear, warning other vessels to keep clear of it. 

(2) This rule need not be applied to fishing vessels of less than 85 feet (25-90 m.) in length. Any such 
exception and areas in which fishing vessels so excepted are likely to be numerous shall be notified to the competent 
authorities of the other Contracting Parties likely to be concerned. 



Multilateral / Fisheries 1249 



Rule 4 
Sound signals 

No sound signals shall be used other than those prescribed by the International Regulations for Preventing 
Collisions at Sea and the International Code of Signals. 



Annex IV 
MARKING OF NETS, LINES AND OTHER GEAR 

Rule 1 
Anchored gear 

(1) The ends of nets, lines and other gear anchored in the sea shall be fitted with flag or radar reflector 
buoys by day and light buoys by night sufficient to indicate their position and extent. Such lights should be visible 
at a distance of at least 2 miles in good visibility. 

(2) By day the westernmost (meaning the half compass circle from south through west to and including 
north) end buoy of such gear extending horizontally in the sea shall be fitted with two flags one above the other or 
one flag and a radar reflector, and the easternmost (meaning the half compass circle from north through east to and 
including south) end buoy shall be fitted with one flag or a radar reflector. By night the westernmost end buoy shall 
be fitted with two white lights and the easternmost end buoy with one white light. In addition a buoy fitted with one 
flag or a radar reflector by day and one white light by night may be set 70-100 metres from each end buoy to indicate 
the direction of the gear. 

(3) On such gear extending more than 1 mile additional buoys shall be placed at distances of not more than 
1 mile so that no part of the gear extending 1 mile or more shall be left; unmarked. By day every buoy shall be fitted 
with a flag or a radar reflector and by night as many buoys as possible with one white light. In no case shall the 
distance between two lights on the same gear exceed 2 miles. 

(4) On such gear which is attached to a fishing vessel a buoy shall not be required at the end attached to 
the fishing vessel. 

(5) The flagpole of each buoy shall have a height of at least 2 metres above the buoy. 

Rule 2 
Drift gear 

( 1 ) Nets or lines which drift in the sea shall be marked at each end and at distances of not more than 2 miles 
by a buoy with a pole not less than 2 metres above the buoy. The pole shall carry a flag or a radar reflector by day 
and a white light by night visible at a distance of at least 2 miles in good visibility. 

(2) On gear which is attached to a fishing vessel a buoy shall not be required at the end attached to the 
fishing vessel. 



1250 The Marine Mammal Commission Compendium 

Annex V 
RULES GOVERNING THE OPERATIONS OF VESSELS 

RULEl 

Subject to compliance with the International Regulations for Preventing Collisions at Sea all vessels shall 
conduct their operations so as not to interfere vifith the operations of fishing vessels, or fishing gear. 

Rule 2 - ;:,,, 

Vessels arriving on fishing grounds where fishing vessels are already fishing or have set their gear for that 
purpose shall inform themselves of the position and extent of gear already placed in the sea and shall not place 
themselves or their fishing gear so as to interfere with or obstruct fishing operations already in progress. 

Rules 

No vessel shall anchor or remain on a fishing ground where fishing is in progress if it would interfere with 
such fishing unless required for the purpose of its own fishing operations or in consequence of accident or other 
circumstances beyond its control. 

Rule 4 '■,■; '■■ ■ ■ 

Except in cases offeree majeure no vessel shall dump in the sea any article or substance which may interfere 
with fishing or obstruct or cause damage to fish, fishing gear or fishing vessels. 

Rules 

No vessel shall use or have on board explosives intended for the catching offish. 

Rule 6 

In order to prevent damage, fishing vessels engaged in trawling and other fishing vessels with gear in motion 
shall take all practicable steps to avoid nets and lines or other gear which is not being towed. 



(1) When nets belonging to different fishing vessels get foul of each other, they shall not be severed without 
the consent of the parties concerned unless it is impossible to disengage them by other means. 

(2) When fishing vessels fishing with lines entangle their lines, the fishing vessel which hauls up the lines 
shall not sever them unless they cannot be disengaged in any other way, in which case any Unes which may be severed 
shall where possible be immediately joined together again. 

(3) Except in cases of salvage and the cases to which the two preceding paragraphs relate, nets, Unes or 
other gear shall not under any pretext whatever, be cut, hooked, held on to or lifted up except by the fishing vessel 
to which they belong. 

(4) When a vessel fouls or otherwise interferes with gear not belonging to it, it shall take all necessary 
measures for reducing to a minimum the injury which may result to such gear. The fishing vessel to which the gear 
belongs shall, at the same time, avoid any action tending to aggravate such damage. 



Multil ateral / Fisheries 1251 

Annex VI 
RULES APPLYING TO AUTHORISED OFFICERS 

(1) An authorised officer shall carry a document of identity written in English, French and the language of 
the authorised officer (if different) in a form agreed by the Contracting Parties on the request of the depositary 
Government. 

(2) Any orders to stop given by an authorised officer shall be given by the appropriate signal in the 
International Code of Signals. 

(3) On boarding a vessel an authorised officer shall exhibit his document of identity. 

(4) On boarding a vessel an authorised officer may require the master of the vessel to exhibit the document 
specified in Annex II Rule 2(1) and the fact of such document having been exhibited shall immediately be endorsed 
upon it by the authorised officer or on some other official document of the vessel. 

(5) On each occasion on which an authorised officer boards a vessel, he shall draw up a report in the form 
set out in the Appendix indicating the circumstances of the boarding and the information he secures. 

(6) This report shall be drawn up in the language of the authorised officer and shown to the master of the 
vessel boarded, who shall be given an opportunity of adding in his own language any remarks he or any member of 
his crew may wish to make. The authorised officer shall sign the report in the presence of the master and give him 
a copy. A copy of the report shall be sent to the competent authority of the country of the vessel boarded. In cases of 
damage copies of the report shall also be sent to the competent authorities in the countries to which the other parties 
concerned belong. 

(7) Whenever an authorised officer observes a vessel infringing the provisions of the Convention, he may 
report the occurrence to the competent authority of the country of the vessel, having first made every effort to 
communicate to the vessel in question by signal or otherwise his intention to report the infringement. If he orders 
the vessel to stop but does not board it, he shall report the circumstances to the competent authority of the country 
of the vessel. 

(8) Ships carrying authorised officers, which may be vessels as defined in Article 1(2), shall fly a special 
flag or pennant. The special flag or pennant shall be in a form agreed by the Contracting Parties on the request of 
the depositary Government. Authorised officers shall exercise their powers under paragraphs (5) or (6) of Article 9, 
and communicate with vessels, only from surface craft. - . 



1252 The Marine Mammal Commission CoMPENDiuh 

Appendix 

REPORT IN ACCORDANCE WITH PARAGRAPH (5) OF 
ANNEX VI TO THE CONVENTION 

Authorised Officer . ■ ; '- " '•■ ■ • ■ ^- ' 

1. Name and nationality. 

2. Name of ship carrying him. ?'.:.•>; 
Position, Date AND Time OF Occurrence ■:;.;*•■' . 

3. : . / r-. :.' . :■ '■■ :■■ ,, ■ . 
Provision OF the Convention IN Question .,' ,: • , ■ . :.^ 

4- . ■ _ ,, 

Information on Each Vessel Involved 
General ,■ ■■;,,,.■..-, ; ; , ,'.,, 

5. Nationahty. " , . 

6. Vessel's name and registration. 

7. Skipper's name. . , 

8. Owner's name and address. ' 

9. Position, date and time of boarding. ; i.- 
At the Time of Occurrence 

10. Fishing gear in use. 

11. Stopped, anchored or estimated course and speed. • 

12. Signals or lights displayed and sound signals made. 

13. Warnings given to other vessel(s). 

14. Direction in which gear was shot or lying. 

15. The horizontal distance gear extended from the vessel. 
Conditions at the Time of Occurrence 

16. Visibility 

17. Wind force and direction. 

18. State of sea and tide and direction and strength of currents. 

19. Other relevant conditions. 

20. Describe, with the help of diagrams if necessary, the relative positions of vessels and gear. 

21. Marking of any anchored or drifting gear involved. 



M ultilateral / Fisheries 1253 

Additional Information 

22. Full particulars of loss or damage, giving condition of any gear involved. 

23. Narrative description of occurrence. 

24. Comments by Authorised Officer. 

25. Statements by Witnesses. 

26. Statements by Skippers of vessels involved. 

27. Statements of photographs taken, with description of subjects (photographs to be attached to copy of 
report submitted to flag State). 



Signature of Authorised Officer. 



The above report was prepared and signed by the Authorised Officer in our presence. 
Signatures of Skippers 



Signatures of Witnesses 
Certified a true copy: 
[seal] 



1 December, 1967 



V. A. Todd, 

For Librarian and Keeper of the Papers for 

the Secretary of State for Foreign Affairs. 



Convention on Fishing and 

Conservation of the Living Resources in 

the Baltic Sea and Belts, Gdansk, 1973 



Done at Gdansk 13 September 1973 

Entered into force 28 July 1974* 

Depositary: Poland 

Primary source citation: 12 ILM 1291 (1973) 



CONVENTION ON FISHING AND CONSERVATION OF THE 
LIVING RESOURCES IN THE BALTIC SEA AND THE BELTS 

The States Parties to this Convention 

- bearing in mind that maximum and stable productivity of the h ving resources of the Baltic Sea and the Belts 
is of great importance to the States of the Baltic Sea basin, 

- recognizing their joint responsibility for the conservation of the hving resources and their national exploitation, 

- being convinced that the conservation of the living resources of the Baltic Sea and the Belts calls for closer 
and more expanded co-operation in this region, 

have agreed as follows: 



ARTICLE I 

The Contracting States shall: 

- Co-operate closely with a view to preserving and increasing the living resources of the Baltic Sea and the 
Belts and obtaining the optimum yield, and, in particular to expanding and co-ordinating studies towards 
these ends, 

- Prepare and put into effect organizational and technical projects on conservation and growth of the living 
resources, including measures of artificial reproduction of valuable fish species and/or contribute financially 
to such measures, on a just and equitable basis, as well as take other steps towards rational and effective 
exploitation of the living resources. 



* This Convention is not in force for the United States. 



Multilateral / Fisheries 1255 



ARTICLE II 

1. The area to which this Convention apphes, hereinafter referred to as "the Convention area", shall be all waters 
of the Baltic Sea and the Belts, excluding internal waters bounded in the west by a line as from Hasenore Head to 
Gniben Point, from Korshage to Spodsbierg and from Gilbierg Head to the KuUen. 

2. This Convention shall apply to all fish species and other living marine resources in the Convention Area. 



ARTICLE III 

Nothing in this Convention shall be deemed to affect the rights, claims or views of any Contracting State in 
regard to the limits of territorial waters and to the extent of jurisdiction over fisheries, according to international 
law. 



ARTICLE IV 

For the purpose of this Convention the term "vessel" means any vessel or boat employed in catching or treating 
fish or other living marine organisms and which is registered or owned in the territory of, or which flies the flag of, 
any Contracting State. 



ARTICLE V 

1. An International Baltic Sea Fishery Commission, hereinafter referred to as "the Commission", is hereby 
established for the purposes of this Convention. 

2. Each Contracting State may appoint not more than two representatives as members of the Commission and 
such experts and advisers to assist them as that State may determine. 

3. The Commission shall elect a Chairman and a Vice-Chairman from amongst its members who shall serve for 
a period of four years and who shall be eligible for re-election, but not for two consecutive terms of office. 

The Chairman and the Vice-Chairman shall be elected from the representatives of different Contracting States. 

4. A member of the Commission elected as its Chairman shall forthwith cease to act as a representative of a State 
and shall not vote. The State concerned shall have the right to appoint another representative to serve in the 
Chairman's place. 



ARTICLE VI 

1. The Office of the Commission shall be in Warsaw. 

2. The Commission shall appoint its Secretary and as it may require appropriate staff to assist him. 

3. The Commission shall adopt its rules of procedure and other provisions which the Commission shall consider 
necessary for its work. . . 



1256 The Marine Mammal Commission Compendium 

ARTICLE VII 

1. The Commission shall adopt its financial rules. ., i ;:■': , - . \:' ■ ■.■ :-jm ■•: 

2. The Commission shall adopt a two years budget of proposed expenditures and budget estimates for the fiscal 
period following thereafter. 

3. The total amount of the budget including any supplementary budget shall be contributed by the Contracting 
States in equal parts. 

4. Each Contracting State shall pay the expenses related to the participation in the Commission of its repre- 
sentatives, experts and advisers. ' .' 

ARTICLE VIII 

1. Except where the Commission decides otherwise, it shall hold its sessions every two years in Warsaw at such 
time as it shall deem suitable. Upon the request of a representative of a Contracting State in the Commission, provided 
it is endorsed by a representative of another Contracting State, the Chairman of the Commission shall, as soon as 
possible, summon an extraordinary session at such time and place as he determines, however not later than three 
months from the date of the submission of the request. 

2. The first session of the Commission shall be called by the Depositary Government of this Convention and shall 
take place vrithin a period of ninety days from the date following the entry into force of this Convention. 

3. Each Contracting State shall have one vote in the Commission. Decisions and recommendations of the 
Commission shall be taken by a two-thirds majority of votes of the Contracting States, present and voting at the 
meeting. 

4. English shall be the working language of the Commission. The languages of the Signatory States are the official 
languages of the Commission. Only recommendations, decisions and resolutions of the Commission shall be made in 
these languages. 

At meetings of the Commission any Contracting State has the right to have all the proceedings translated into 
its own language. All the costs related to such translations shall be borne by that State. 

- ■-■■■■ ■ ■'■ ARTICLELX .;•, ^ ■,■,,■.. -,--, 

1. It shall be the duty of the Commission: 

a) to keep under review the living resources and the fisheries in the Convention area by collecting, 
aggregating, analysing and disseminating statistical data, for example concerning catch, fishing effort, and 
other information, 

b) to work out proposals with regard to co-ordination of scientific research in the Convention area, 

c) to prepare and submit recommendations based as far as practicable on results of the scientific research 
and concerning measures referred to in Article X for consideration of the Contracting States. 

2. In implementing its functions, the Commission shall, when appropriate, seek the services of the International 
Council for the Exploration of the Sea (ICES) and of other international technical and scientific organizations and 
shall make use of information provided by the official bodies of the Contracting States. 

3. To perform its functions the Commission may set up working groups or other subsidiary bodies and determine 
their composition and terms of reference. 



Multilateral / Fisheries 1257 



ARTICLE X 

Measures relating to the purposes of this Convention which the Commission may consider and in regard of 
which it may make recommendations to the Contracting States are: 

a) any measures for the regulation of fishing gear, appliances and catching methods, 

b) any measures regulating the size limits offish that may be retained on board vessels or landed, exposed 
or offered for sale, 

c) any measures establishing closed seasons, 

d) any measures establishing closed areas, 

e) any measures improving and increasing the living marine resources, including artificial reproduction 
and transplantation of fish and other organisms, 

f) any measures regulating and/or allocating between the Contracting States the amount of total catch or 
the amount of fishing effort according to objects, kinds, regions and fishing periods, 

g) any measures of control over the implementation of recommendations binding on the Contracting States, 
h) any other measures related to the conservation and rational exploitation of the living marine resources. 



ARTICLE XI 

1. Subject to the provisions of this Article, the Contracting States undertake to give effect to any recommendation 
made by the Commission under Article X of this Convention from the date determined by the Commission, which 
shall not be before the period for objection provided for in this Article has elapsed. 

2. Any Contracting State may within ninety days from the date of notification of a recommendation object to it 
and in that event shall not be under obligation to give effect to that recommendation. 

A Contracting State may also at any time withdraw its objection and give effect to a recommendation. 

In the event of an objection being made within the ninety-days period, any other Contracting State may 
similarly object at any time within a further period of sixty days. 

3. If objections to a recommendation are made by three or more Contracting States, the other Contracting States 
shall be relieved forthwdth of any obligation to give effect to that recommendation. 

4. The Commission shall notify each Contracting State immediately upon receipt of each objection or withdrawal. 



ARTICLE XII 

1. Each Contracting State shall take in regard to its nationals and its vessels appropriate measures to ensure 
the application of the provisions of this Convention and of the recommendations of the Commission which have become 
binding for the Contracting State and in case of their infringement shall take appropriate action. 

2. Without prejudice to the sovereign rights of the Contracting States in regard to their territorial sea and to the 
rights in their fishing zones, each Contracting State shall implement recommendations of the Commission binding 
on that State through its national authorities, within its territorial sea and in the waters under its fisheries 
jurisdiction. 



1258 The Marine Mammal Commission Compendium 



3. Each Contracting State shall furnish to the Commission at such time and in such form as may be required by 
the Commission, the available statistical data and information referred to in Article IX paragraph 1 (a), as well as 
information on all actions taken by it in accordance with paragraphs 1 and 2 of this Article. 



ARTICLE XIII 

The Commission shall draw the attention of any State which is not a party to this Convention to such fishing 
operations, undertaken by its nationals or vessels in the Convention area, which might affect negatively the activities 
of the Commission or the implementation of the purposes of this Convention. 



ARTICLE XIV 

The provisions of this Convention shall not apply to operations conducted solely for the purpose of scientific 
investigations by vessels authorized by a Contracting State for that purpose, or to fish and other marine organisms 
taken in the course of such operations. Catch so taken shall not be sold, exposed or offered for sale. 



ARTICLE XV 

1. The Commission shall co-operate with other international organizations having related objectives. 

2. The Commission may extend an invitation to any international organization concerned or to the Government 
of any State, not a party to this Convention, to participate as an observer in the sessions of the Commission or meetings 
of its subsidiary bodies. 

ARTICLE XVI 

1. Each Contracting State may propose amendments to this Convention. Any such proposed amendment shall 
be submitted to the Depositary Government and communicated by it to all Contracting States, which shall inform 
the Depositary Government about either their acceptance or rejection of the amendment as soon as possible after the 
receipt of the communication. 

The amendment shall enter into force ninety days after the Depositary Government has received notifications 
of acceptance of that amendment from all Contracting States. 

2. Each State, which shall become a party to this Convention after the entry into force of an amendment in 
accordance vrith the provisions of paragraph 1 of this Article, is obliged to apply the Convention as amended. 

ARTICLE XVII 

1. This Convention shall be subject to ratification or approval by the Signatory States. Instruments of ratification 
or instruments of approval shall be deposited with the Government of the Polish People's Republic which shall perform 
the functions of the Depositary Government. 

2. This Convention shall be open for accession to any State interested in preservation and rational exploitation 
of living resources in the Baltic Sea and the Belts, provided that this State is invited by the Contracting States. 
Instruments of accession shall be deposited vrith the Depositary Government. 



Multilateral / Fisheries 1259 



ARTICLE XVIII 

1. This Convention shall enter into force on the ninetieth day following the date of the deposit of the fourth 
instrument of ratification or approval. 

2. Afler entry into force of this Convention in accordance with paragraph 1 of this Article, the Convention shall 
enter into force for any other State, the Government of which has deposited an instrument of ratification, approval 
or accession, on the thirtieth day following the date of deposit of such instrument with the Depositary Government. 



ARTICLE XIX 

At any time afler the expiration of five years from the date of entry into force of this Convention any Contracting 
State may, by giving written notice to the Depositary Government, withdraw from this Convention. 

The withdrawal shall take effect for such Contracting State on the thirty-first of December of the year which 
follows the year in which the Depositary Government was notified of the withdrawal. 



ARTICLE XX 

1. The Depositary Government shall inform all Signatory and Acceding States: 

a) of signatures of this Convention and deposit of each instrument of ratification, approval or accession, 
as well as of submitted declarations, 

b) of the date of entry into force of this Convention, 

c) of proposals relating to amendments to the Convention, notifications of acceptance and of the entry into 
force of such amendments, 

d) of notifications of withdrawal. 

2. The original of this Convention shall be deposited with the Government of the Polish People's Republic, which 
shall transmit certified copies thereof to the Government of all Signatory States and of all States which accede to 
this Convention. 

3. The Depositary Government shall register this Convention with the Secretariat of the United Nations. 

IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized thereto, have signed this 
Convention. 

DONE at Gdansk this thirteenth day of September, one thousand nine hundred and seventy three, in a single 
copy drawn up in the Danish, Finnish, German, Polish, Russian, Swedish and English languages, each text being 
equally authentic. 



Convention on Future Multilateral 

Cooperation in the Northwest Atlantic 

Fisheries, Ottawa, 1978 



Done at Ottawa 24 October 1978 

Entered into force 1 January 1979* 

Depositary: Canada 

Primary source citation: Senate Executive T, 

96th Congress, 1st Session, 

U.S. Government Printing Office, Washington, 1979 



CONVENTION ON FUTURE MULTILATERAL 
COOPERATION IN THE NORTHWEST ATLANTIC FISHERIES 

The Contracting Parties, 

Noting that the coastal States of the Northwest Atlantic have, in accordance with relevant principles of 
international law, extended their jurisdiction over the living resources of their adjacent waters to limits of up to two 
hundred nautical miles from the baselines from which the breadth of the territorial sea is measured, and exercise 
wathin these areas sovereign rights for the purpose of exploring and exploiting, conserving and managing these 
resources; 

Taking into account the work of the Third United Nations Conference on the Law of the Sea in the field of 
fisheries; 

Desiring to promote the conservation and optimum utilization of the fishery resources of the Northwest Atlantic 
area within a framework appropriate to the regime of extended coastal State jurisdiction over fisheries, and 
accordingly to encourage international cooperation and consultation with respect to these resources; 

Have agreed as follows: 

Article I. 1. The area to which this Convention applies, hereinafter referred to as "the Convention Area", 
shall be the waters of the Northwest Atlantic Ocean north of 35°00' north latitude and west of a line extending due 
north from 35°00' north latitude and 42°00' west longitude to 59°00' north latitude, thence due west to 44''00' west 
longitude, and thence due north to the coast of Greenland, and the waters of the Gulf of St. Lawrence, Davis Strait 
and Baffin Bay south of 78°10' north latitude. 

2. The area referred to in this Convention as "the Regulatory Area" is that part of the Convention Area 
which lies beyond the areas in which coastal States exercise fisheries jurisdiction. 



* This Convention is not in force for the United States. 



Multilateral / Fisheries 1261 



3. For the purposes of this Convention,"coastal State" shall hereinafter mean a Contracting Party exercising 
fisheries jurisdiction in waters forming part of the Convention Area. 

4. This Convention applies to all fishery resources of the Convention Area, wdth the follownng exceptions: 
salmon, tunas and marlins, cetacean stocks managed by the International Whaling Commission or any successor 
organization, and sedentary species of the Continental Shelf, i.e., organisms which, at the harvestable stage, either 
are immobile on or under the seabed or are unable to move except in constant physical contact with the seabed or 
the subsoil. 

5. Nothing in this Convention shall be deemed to affect or prejudice the positions or claims of any Contracting 
Party in regard to internal waters, the territorial sea, or the limits or extent of the jurisdiction of any Party over 
fisheries; or to affect or prejudice the views or positions of any Contracting Party with respect to the law of the sea. 

Article II. 1. The Contracting Parties agree to establish and maintain an international organization 
whose object shall be to contribute through consultation and cooperation to the optimum utilization, rational 
management and conservation of the fishery resources of the Convention Area. This organization shall be known as 
the Northwest Atlantic Fisheries Organization, hereinafter referred to as "the Organization", and shall carry out the 
functions set forth in this Convention. 

2. The Organization shall consist of: 
(a) A General Council; 

(6) A Scientific Council; 

(c) A Fisheries Commission; and 

id) A Secretariat. 

3. The Organization shall have legal personality and shall enjoy in its relations with other international 
organizations and in the territories of the Contracting Parties such legal capacity as may be necessary to perform its 
functions and achieve its ends. The immunities and privileges which the Organization and its officers shall enjoy in 
the territory of a Contracting Party shall be subject to agreement between the Organization and the Contracting 
Party concerned. 

4. The headquarters of the Organization shall be at Dartmouth, Nova Scotia, Canada, or at such other place 
as may be decided by the General Council. 

Article III. The functions of the General Council shall be: 

(o) To supervise and coordinate the organizational, administrative, financial and other internal affairs of the 
Organization, including the relations among it constituent bodies; 

(6) Tt> coordinate the external relations of the Organization; 

(c) lb review and determine the membership of the Fisheries Commission pursuant to Article XIII; and 

(d) To exercise such other authority as is conferred upon it by this Convention. 

Article IV. 1. Each Contracting Party shall be a member of the General Council and shall appoint to the 
Council not more than three representatives who may be accompanied at any of its meetings by alternates, experts 
and advisers. 

2. The General Council shall elect a Chairman and a Vice-Chairman, each of whom shall serve for a term 
of two years and shall be eligible for re-election but shall not serve for more than four years in succession. The 
Chairman shall be a representative of a Contracting Party that is a member of the Fisheries Commission and the 
Chairman and Vice-Chairman shall be representatives of different Contracting Parties. 

3. The Chairman shall be the President of the Organization and shall be its principal representative. 



1262 The Marine Mammal Commission Compendium 



4. The Chairman of the General Council shall convene a regular annual meeting of the Organization at a 
place decided upon by the General Council and which shall normally be in North America. 

5. Any meeting of the General Council, other than the annual meeting, may be called by the Chairman at 
such time and place as the Chairman may determine, upon the request of a Contracting Party with the concurrence 
of another Contracting Party. 

6. The General Council may establish such Committees and Subcommittees as it considers desirable for the 
exercise of its duties and functions. 

Article V. 1. Each Contracting Party shall have one vote in proceedings of the General Council. 

2. Except where otherwise provided, decisions of the General Council shall be taken by a majority of the 
votes of all Contracting Parties present and casting affirmative or negative votes, provided that no vote shall be taken 
unless there is a quorum of at least two-thirds of the Contracting Parties. 

3. The General Council shall adopt, and amend as occasion may require, rules for the conduct of its meetings 
and for the exercise of its functions. 

4. The General Council shall submit to the Contracting Parties an annual report of the activities of the 
Organization. 

Article VI. 1. The functions of the Scientific Council shall be: 

(a) To provide a forum for consultation and cooperation among the Contracting Parties with respect to the study, 
appraisal and exchange of scientific information and views relating to the fisheries of the Convention Area, 
including environmental and ecological factors affecting these fisheries, and to encourage and promote 
cooperation among the Contracting Parties in scientific research designed to fill gaps in knowledge pertaining 
to these matters; 

(b) Td compile and maintain statistics and records and to publish or disseminate reports, information and 
materials pertaining to the fisheries of the Convention Area, including environmental and ecological factors 
eiffecting these fisheries; 

(c) To provide scientific advice to coastal States, where requested to do so pursuant to Article VII; and 

(d) To provide scientific advice to the Fisheries Commission, pursuant to Article VIII or on its own initiative as 
required for the purposes of the Commission. 

2. The functions of the Scientific Council may, where appropriate, be carried out in cooperation with other 
public or private organizations having related objectives. 

3. The Contracting Parties shall furnish to the Scientific Council any available statistical and scientific 
information requested by the Council for the purpose of this Article. 

Article VII. 1. The Scientific Council shall, at the request of a coastal State, consider and report on any 
question pertaining to the scientific basis for the management and conservation of fishery resources in waters under 
the fisheries jurisdiction of that coastal State within the Convention Area. 

2. The coastal State shall, in consultation with the Scientific Council, specify terms of reference for the 
consideration of any question referred to the Council pursuant to paragraph 1. These terms of reference shall include, 
along with any other matters deemed appropriate, such of the following as are applicable: 

(a) A statement of the question referred, including a description of the fisheries and area to be considered; 

(6) Where scientific estimates or predictions are sought, a description of any relevant factors or assumptions to 
be taken into account; and 



Multilateral / Fisheries 1263 



(c) Where applicable, a description of any objectives the coastal State is seeking to attain and an indication of 
whether specific advice or a range of options should be provided. 

Article VIII. The Scientific Council shall consider and report on any question referred to it by the Fisheries 
Commission pertaining to the scientific basis for the management and conservation of fishery resources within the 
Regulatory Area and shall take into account the terms of reference specified by the Fisheries Commission in respect 
of that question. 

Article IX. 1. Each Contracting Party shall be a member of the Scientific Council and shall appoint to the 
Council its own representatives who may be accompanied at any of its meetings by alternates, experts and advisers. 

2. The Scientific Council shall elect a Chairman and a Vice-Chairman, each of whom shall serve for a term 
of two years and shall be eligible for re-election but shall not serve for more than four years in succession. The 
Chairman and Vice-Chairman shall be representatives of different Contracting Parties. 

3. Any meeting of the Scientific Council, other than the annual meeting convened pursuant to Article IV, 
may be called by the Chairman at such time and place as the Chairman may determine, upon the request of a coastal 
State or upon the request of a Contracting Party with the concurrence of another Contracting Party. 

4. The Scientific Council may establish such Committees and Subcommittees as it considers desirable for 
the exercise of its duties and functions. 

Article X. 1. Scientific advice to be provided by the Scientific Council pursuant to this Convention shall 
be determined by consensus. Where consensus cannot be achieved, the Council shall set out in its report all views 
advanced on the matter under consideration. 

2. Decisions of the Scientific Council with respect to the election of officers, the adoption and the amendment 
of rules and other matters pertaining to the organization of its work shall be taken by a majority of votes of all 
Contracting Parties present and casting affirmative or negative votes, and for these purposes each Contracting Party 
shall have one vote. No vote shall be taken unless there is a quorum of at least two-thirds of the Contracting Parties. 

3. The Scientific Council shall adopt, and amend as occasion may require, rules for the conduct of its 
meetings and for the exercise of its functions. 

Article XI. 1. The Fisheries Commission, hereinafter referred to as "the Commission", shall be responsible 
for the management and conservation of the fishery resources of the Regulatory Area in accordance with the provisions 
of this Article. 

2. The Commission may adopt proposals for joint action by the Contracting Parties designed to achieve the 
optimum utilization of the fishery resources of the Regulatory Area. In considering such proposals, the Commission 
shall take into account any relevant information or advice provided to it by the Scientific Council. 

3. In the exercise of its functions under paragraph 2, the Commission shall seek to ensure consistency 
between: 

(a) Any proposal that applies to a stock or group of stocks occurring both within the Regulatory Area and within 
an area under the fisheries jurisdiction of a coastal State, or any proposal that would have an effect through 
species interrelationships on a stock or group of stocks occurring in whole or in part within an area under the 
fisheries jurisdiction of a coastal State, and 

(b) Any measures or decisions taken by the coastal State for the management and conservation of that stock or 
group of stocks with respect to fishing activities conducted within the area under its fisheries jurisdiction. 

The appropriate coastal State and the Commission shall accordingly promote the coordination of such proposals, 
measures and decisions. Each coastal State shall keep the Commission informed of its measures and decisions for 
the purpose of this Article. 

4. Proposals adopted by the Commission for the allocation of catches in the Regulatory Area shall take into 
account the interests of Commission members whose vessels have traditionally fished within that Area, and, in the 



1264 The Marine Mammal Commission Compendium 



allocation of catches from the Grand Banks and Flemish Cap, Commission members shall give special consideration 
to the Contracting Party whose coastal communities are primarily dependent on fishing for stocks related to these 
fishing banks and which has undertaken extensive efforts to ensure the conservation of such stocks through 
international action, in particular, by providing surveillance and inspection of international fisheries on these banks 
under an international scheme of joint enforcement. 

5. The Commission may also adopt proposals for international measures of control and enforcement within 
the Regulatory Area for the purpose of ensuring within that Area the application of this Convention and the measures 
in force thereunder. 

6. Each proposal adopted by the Commission shall be transmitted by the Executive Secretary to all 
Contracting Parties, specifying the date of transmittal for the purposes of paragraph 1 of Article XII. 

7. Subject to the provisions of Article XII, each proposal adopted by the Commission under this Article shall 
become a measure binding on all Contracting Parties to enter into force on a date determined by the Commission. 

8. The Commission may refer to the Scientific Council any question pertaining to the scientific basis for the 
management and conservation of fishery resources within the Regulatory Area and shall specify terms of reference 
for the consideration of that question. 

9. The Commission may invite the attention of any or all Commission members to any matters which relate 
to the objectives and purposes of this Convention within the Regulatory Area. 

Article XII. 1. If any Commission member presents to the Executive Secretary an objection to a proposal 
within sixty days of the date of transmittal specified in the notification of the proposal by the Executive Secretary, 
the proposal shall not become a binding measure until the expiration of forty days following the date of transmittal 
specified in the notification of that objection to the Contracting Parties. Thereupon any other Commission member 
may similarly object prior to the expiration of the additional forty-day period, or within thirty days after the date of 
transmittal specified in the notification to the Contracting Parties of any objection presented within that additional 
forty-day period, whichever shall be the later. The proposal shall then become a measure binding on the Contracting 
Parties, except those which have presented objections, at the end of the extended period or periods for objecting. If, 
however, at the end of such extended period or periods, objections have been presented and maintained by a majority 
of Commission members, the proposal shall not become a binding measure, unless any or all of the Commission 
members nevertheless agree as among themselves to be bound by it on an agreed date. 

2. Any Commission member which has objected to a proposal may at any time vrithdraw that objection and 
the proposal immediately shall become a measure binding on such a member, subject to the objection procedure 
provided for in this Article. 

3. At any time after the expiration of one year from the date on which a measure enters into force, any 
Commission member may give to the Executive Secretary notice of its intention not to be bound by the measure, and, 
if that notice is not withdrawn, the measure shall cease to be binding on that member at the end of one year from 
the date of receipt of the notice by the Executive Secretary. At any time after a measure has ceased to be binding on 
a Commission member under this paragraph, the measure shall cease to be binding on any other Commission member 
upon the date a notice of its intention not to be bound is received by the Executive Secretary. 

4. The Executive Secretary shall immediately notify each Contract Party of: 

(a) The receipt of each objection and withdrawal of objection under paragraphs 1 and 2; 

(6) The date on which any proposal becomes a binding measure under the provisions of paragraph 1; and 

(c) The receipt of each notice under paragraph 3. 

Article XIII. 1. The membership of the Commission shall be reviewed and determined by the General 
Council at its annual meeting and shall consist of: 

(a) Each Contracting Party which participates in the fisheries of the Regulatory Area; and 



Multilateral / Fisheries 1265 



(6) Any Contracting Party which has provided evidence satisfactory to the General Council that it expects to 
participate in the fisheries of the Regulatory Area during the year of that annual meeting or during the 
following calendar year. 

2. Each Commission member shall appoint to the Commission not more than three representatives who 
may be accompanied at any of its meetings by alternates, experts and advisers. 

3. Any Contracting Party that is not a Commission member may attend meetings of the Commission as an 
observer. 

4. The Commission shall elect a Chairman and a Vice-Chairman, each of whom shall serve for a term of two 
years and shall be eligible for re-election but shall not serve for more than four years in succession. The Chairman 
and Vice-Chairman shall be representatives of different Commission members. 

5. Any meeting of the Commission, other than the annual meeting convened pursuant to Article IV, may be 
called by the Chairman at such time and place as the Chairman may determine, upon the request of any Commission 
member. 

6. The Commission may establish such Committees and Subcommittees as it considers desirable for the 
exercise of its duties and functions. 

Article XTV. 1. Each Commission member shall have one vote in proceedings of the Commission. 

2. Decisions of the Commission shall be taken by a majority of the votes of all Commission members present 
and casting affirmative or negative votes, provided that no vote shall be taken unless there is a quorum of at least 
two-thirds of the Commission members. 

3. The Commission shall adopt, and amend as occasion may require, rules for the conduct of its meetings 
and for the exercise of its functions. 

Article XV. 1. The Secretariat shall provide services to the Organization in the exercise of its duties and 
functions. 

2. The chief administrative officer of the Secretariat shall be the Executive Secretary, who shall be appointed 
by the General Council according to such procedures and on such terms as it may determine. 

3. The staff of the Secretariat shall be appointed by the Executive Secretary in accordance with such rules 
and procedures as may be determined by the General Council. 

4. The Executive Secretary shall, subject to the general supervision of the General Council, have full power 
and authority over staff of the Secretariat and shall perform such other functions as the General Council shall 
prescribe. 

Article XVI. 1. Each Contracting Party shall pay the expenses of its own delegation to all meetings held 
pursuant to this Convention. 

2. The General Council shall adopt an annual budget for the Organization 

3. The General Council shall establish the contributions due from each Contracting Party under the annual 
budget on the following basis: 

(a) 10% of the budget shall be divided among the coastal States in proportion to their nominal catches in the 
Convention Area in the year ending two yesirs before the beginning of the budget year; 

(6) 30% of the budget shall be divided equally among all the Contracting Parties; and 

(c) 60% of the budget shall be divided among all Contracting Parties in proportion to their nominal catches in the 
Conventional Area in the year ending two years before the beginning of the budget year. 



1266 The Marine Mammal Commission Compendium 



The nominal catches referred to above shall be the reported catches of the species Usted in Annex I, which forms an 
integral part of this Convention. 

4. The Executive Secretary shall notify each Contracting Party of the contribution due from that Party as 
calculated under paragraph 3, and as soon as possible thereafter each Contracting Party shall pay to the Organization 
its contribution. 

5. Contributions shall be payable in the currency of the country in which the headquarters of the 
Organization is located, except if otherwise authorized by the Genertd Council. 

6. Subject to paragraph 11, the General Council shall, at its first meeting, approve a budget for the balance 
of the first financial year in which the Organization functions and the Executive Secretary shall transmit to the 
Contracting Parties copies of that budget together with notices of their respective contributions. 

7. For subsequent financial years, drafts of the annual budget shall be submitted by the Executive Secretary 
to each Contracting Party together with a schedule of contributions, not less than sixty days before the annual meeting 
of the Organization at which the budgets are to be considered. 

8. A Contracting Party acceding to this Convention during the course of a financial year shall contribute in 
respect of that year a part of the contribution calculated in accordance with the provisions of this Article that is 
proportional to the number of complete months remaining in the year. 

9. A Contracting Party which has not paid its contributions for two consecutive years shall not enjoy any 
right of casting votes and presenting objections under this Convention until it has fulfilled its obligations, unless the 
General Council decides otherwise. 

10. The fiuEmcial affairs of the Organization shall be audited annually by external auditors to be selected 
by the General Council. 

11. If the Convention enters into force on 1 January 1979, the provisions of Annex II, which forms an integral 
part of this Convention, shall apply in place of the provisions of paragraph 6. 

Article XVII. The Contracting Parties agree to take such action, including the imposition of adequate 
sanctions for violations, as may be necessary to make effective the provisions of the Convention and to implement 
any measures which become binding under paragraph 7 of Article XI and any measures which are in force under 
Article XXIII. Each Contracting Party shall transmit to the Commission an annual statement of the actions taken 
by it for these purposes. 

Article XVIII. The Contracting Parties agree to maintain in force and to implement within the Regulatory 
Area a scheme of joint international enforcement as applicable pursuant to Article XXIII or as modified by measures 
referred to in paragraph 5 of Article XI. This scheme shall include provision for reciprocal rights of boarding and 
inspection by the Contracting Parties and for flag State prosecution and sanctions on the basis of evidence resulting 
from such boardings and inspections. A report of such prosecutions and sanctions imposed shall be included in the 
annual statement referred to in Article XVII. 

Article XIX. The Contracting Parties agree to invite the attention of any State not a Party to this Convention 
to any matter relating to the fishing activities in the Regulatory Area of the nationals or vessels of that State which 
appear to affect adversely the attainment of the objectives of this Convention. The Contracting Parties further agree 
to confer when appropriate upon the steps to be taken towards obviating such adverse effects. 

Article XX. 1. The Convention Area shall be divided into scientific and statistical sub-areas, divisions and 
subdivisions, the boundaries of which shall be those defined in Annex III to this Convention. 

2. On the request of the Scientific Council, the General Council may by a two-thirds majority vote of all 
Contracting Parties, if deemed necessary for scientific or statistical purposes, modify the boundaries of the scientific 
and statistical sub-areas, divisions and subdivisions set out in Annex III, provided that each coastal State exercising 
fisheries jurisdiction in any part of the area affected concurs in such action. 



Multilateral / Fisheries 1267 



3. On the request of the Fisheries Commission and after having consulted the Scientific Council, the General 
Council may by a two-thirds majority vote of all Contracting Parties, if deemed necessary for management purposes, 
divide the Regulatory Area into appropriate regulatory divisions and subdivisions. These may subsequently be 
modified in accordance with the same procedure. The boundaries of any such divisions and subdivisions shall be 
defined in Annex III. 

4. Annex III to this Convention, either in its present terms or as modified from time to time pursuant to 
this Article, forms an integral part of this Convention. 

Article XXI. 1. Any Contracting Party may propose amendments to this Convention to be considered and 
acted upon by the General Council at an annual or a special meeting. Any such proposed amendment shall be sent 
to the Executive Secretary at least ninety days prior to the meeting at which it is proposed to be acted upon, and the 
Executive Secretary shall immediately transmit the proposal to all Contracting Parties. 

2. The adoption of a proposed amendment to the Convention by the General Council shall require a 
three-fourths majority of the votes of all Contracting Parties. The text of any proposed amendments so adopted shall 
be transmitted by the Depositary to all Contracting Parties. 

3. An amendment shall take effect for all Contracting Parties one hundred and twenty days following the 
date of transmittal specified in the notification by the Depositary of receipt of written notification of approval by 
three-fourths all Contracting Parties unless any other Contracting Party notifies the Depositary that it objects to the 
amendment within ninety days of the date of transmittal specified in the notification by the Depositary of such receipt, 
in which case the amendment shall not take effect for any Contracting Party. Any Contracting Party which has 
objected to an amendment may at any time withdraw that objection. If all objections to an amendment are withdrawn, 
the amendment shall take effect for all Contracting Parties one hundred and twenty days following the date of 
transmittal specified in the notification by the Depositary of receipt of last withdrawal. 

4. Any party which becomes a Contracting Party to the Convention after an amendment has been adopted 
in accordance with paragraph 2 shall be deemed to have approved the said amendment. 

5. The Depositary shall promptly notify all Contracting Parties of the receipt of notifications of approval of 
amendments, the receipt of notifications of objection or withdrawal of objections, and the entry into force of 
amendments. 

Article XXII. 1. This Convention shall be open for signature at Ottawa until 31 December 1978, by the 
Parties represented at the Diplomatic Conference on the Future of Multilateral Cooperation in the Northwest Atlantic 
Fisheries, held at Ottawa from 11 to 21 October 1977. It shall thereafter be open for accession. 

2. This Convention shall be subject to ratification, acceptance or approval by the Signatories and the 
instruments of ratification, acceptance or approval shall be deposited with the Government of Canada, referred to in 
this Convention as "the Depositary". 

3. This Convention shall enter into force upon the first day of January following the deposit of instruments 
of ratification, acceptance or approval by not less than six Signatories, at least one of which exercises fisheries 
jurisdiction in waters forming part of the Convention Area. 

4. Any party which has not signed this Convention may accede thereto a notification in writing to the 
Depositary. Accessions received by the Depositary prior to the date of entry into force of this Convention shall become 
effective on the date this Convention enters into force. Accessions received by the Depositary after the date of entry 
into force of this Convention shall become effective on the date of receipt by the Depositary. 

5. The Depositary shall inform all Signatories and all Contracting Parties of all ratifications, acceptances 
or approvals deposited and accessions received. 

6. The Depositary shall convene the initial meeting of the Organization to be held not more than six months 
after the coming into force of the Convention, and shall communicate the provisional agenda to each Contracting 
Party not less than one month before the date of the meeting. 



1268 The Marine Mammal Commission Compendium 



Article XXIII. Upon the entry into force of this Convention, each proposal that has been transmitted or is 
effective at that time under Article VIII of the International Convention for the Northwest Atlantic Fisheries, 1949, 
("the ICNAF Convention") shall, subject to the provisions of the ICNAF Convention, become a measure binding on 
each Contracting Party with respect to the Regulatory Area immediately, if the proposal has become effective under 
the ICNAF Convention, or at such time as it becomes effective thereunder. Subject to paragraph 3 of Article XII of 
this Convention, each such measure shall remain binding on each Contracting Party, until such time as it expires or 
is replaced by a measure which has become binding pursuant to Article XI of this Convention; provided that no such 
replacement shall take effect before this Convention has been in force for one year. 

Article XXTV. 1. Any Contracting Party may withdraw from the Convention on 3 1 December of any year 
by giving notice on or before the preceding 30 June to the Depositary, which shall communicate copies of such notice 
to other Contracting Parties. 

2. Any other Contracting Party may thereupon withdraw from the Convention on the same 31 December 
by giving notice to the Depositary within one month of the receipt of a copy of a notice of withdrawal given pursuant 
to paragraph 1. 

Article XXV. 1. The original of the present Convention shall be deposited with the Government of Canada, 
which shall communicate certified copies thereof to all the Signatories and to all the Contracting Parties. 

2. The Depositary shall register the present Convention with the Secretariat of the United Nations. 

In witness whereof the undersigned, being duly authorized thereto, have signed this Convention. 

Done at Ottawa, this 24th day of October, 1978, in a single original, in the English and French languages, each 
text being equally authentic. 



ANNEX I TO THE CONVENTION 



List of Species for the Determination of the Nominal Catches to Be Used in 
Calculating the Annual Budget Pursuant to Article XVI 

Atlantic cod Gadus morhua 

Haddock Melanogrammus aeglefinus 

Atlantic redfish Sebastes marinus 

Silver hake Merluccius bilinearis 

Red hake Urophycis chuss 

Pollock Pollachius virens 

American plaice Hippoglossoides platessoides 

Witch flounder Glyptocephalus cynoglossus 

Yellowtail flounder Limanda ferruginea 

Greenland halibut Reinhardtius hippoglossoides 

Roundnose grenadier Macrourus rupestris 

Atlantic herring Clupea harengus 

Atlantic mackerel Scomber scombrus 

Atlantic butterfish Peprilus triacanthus 

River herring (alewife) Alosa pseudoharengus 

Atlantic argentine Argentina silus 

Capelin Mallotus villosus 

Long-finned squid Loligo pealei 

Short-finned squid Illex illecebrosus 

Shrimps Pandalus sp. 



Multilateral / Fisheries 1269 



ANNEX n TO THE CONVENTION 



Transitional Financial Arrangements 

1. A Contracting Party which is also a Contracting Party to the International Convention for the Northwest 
Atlantic Fisheries throughout the year 1979 shall not contribute to the expenses of the Organization in that year. 
Other Contracting Parties which have deposited their instruments of ratification, acceptance or approval or acceded 
to the Convention before 31 December 1979 shall contribute the amount indicated in the Appendix hereto. The 
contribution of any Contracting Party not included in the Appendix be determined by the General Council. 

2. The contributions due pursuant to paragraph 1 shall be paid by each Contracting Party as soon as possible 
after 1 January 1979 or after its accession to the Convention, whichever is later. 



Appendix to Annex II to the Convention 

Contracting Party Contribution for 1979 

Bulgaria $ 16,325 

Canada 82,852 

Cuba 20,211 

Denmark (Faroe Islands) 6,473 

European Economic Community 74,254 

German Democratic Republic 19,266 

Iceland 12,293 

Japan 16,697 

Norway 21,107 

Poland 29,316 

Portugal 22,716 

Romania 15,472 

Spain 26,224 

Union of Soviet Socialist Republics 72,133 

United States of America 29,947 



ANNEX III TO THE CONVENTION 



Scientific and Statistical Sub-Areas, Divisions and Subdivisions 

The scientific and statistical sub-areas, divisions and subdivisions provided for Article XX of this Convention 
shall be as follows: 

1(a) Sub-area ' 

That portion of the Convention Area lying to the north of the parallel of 61°00' north latitude; bounded on the 
east by a line extending due north from a point at 61°00' nor latitude and 59°00' west longitude to the parallel of 
69''00' north latitude, thence in a northwesterly direction along a rhumb line to a point at 75°00' north latitude and 
73°30' west longitude and thence due north to the parallel of 78''10' north latitude; and bounded on the west by a line 
beginning at 61°00' north latitude and 65°00' west longitude and extending in a northwesterly direction along a 
rhumb line to the coast of Baffin Island at East Bluff (61°55' north latitude and 66°20' west longitude), and thence 
in a northerly direction along the coast of Baffin Island, Bylot Island, Devon Island and Ellesmere Island and following 
the eightieth meridian of west longitude in the waters between those islands to the parallel of 78°10' north latitude. 

1(b) Sub-area is composed of two Divisions: 



1270 The Marine Mammal Commission Compendium 

Division 0-A 

That portion of the Sub-area lying to the north of the parallel of 66°15' north latitude; " 
DivisionO-B ''■ ■■"• - ' - ■■' 

That portion of the Sub-area lying to the south of the parallel of 66° 15' north latitude. 

2(a) Sub-area 1 

That portion of the Convention Area lying to the east of Sub-area and to the north and east of a rhumb line 
joining a point at 61°00' north latitude and 59°00' west longitude with a point at 52°15' north latitude and 42°00' 
west longitude. 

2(b) Sub-area 1 is composed of six Divisions: 
Division lA 

That portion of the Sub-area lying north of the parallel of 68°50' north latitude (Christian-shaab); 

Division IB 

That portion of the Sub-area lying between the parallel of 66°15' north latitude (5 nautical miles north of 
Umanarsugssuak) and the parallel of 68°50' north latitude (Christianshaab); 

Division IC 

That portion of the Sub-area lying between the parallel of 64°15' north latitude (4 nautical miles north of 
Godthaab) and the parallel of 66°15' north latitude (5 nautical miles north of Umanarsugssuak); 

Division ID 

That portion of the Sub-area lying between the parallel of 62°30' north latitude (Frederikshaab Glacier) and 
the parallel of 64°15' north latitude (4 nautical miles north of Godthaab); 

Division IE '■' ' 

That portion of the Sub-area lying between the parallel of 60°45' north latitude (Cape Desolation) and the 
parallel of 62°30' north latitude (Frederikshaab Glacier); 

Division IF 

That portion of the Sub-area lying south of the parallel of 60°45' north latitude (Cape Desolation). 

3(a) Sub-area 2 

That portion of the Convention Area lying to the east of the meridian of 64''30' west longitude in the area of 
Hudson Strait, to the south of Sub-area 0, to the south and west of Sub-area 1 and to the north of the parallel of 
52° 15' north latitude. 

3(b) Sub-area 2 is composed of three Divisions: 

Division 2G 

That portion of the Sub-area lying north of the parallel of 57°40' north latitude (Cape Mugford); 



Multilateral / Fisheries 1271 



Division 2H 

That portion of the Sub-area lying between the parallel of 55°20' north latitude (Hopedale) and the parallel of 
57°40' north latitude (Cape Mugford); 

Division 2J 

That portion of the Sub-area lying south of the parallel of 55°20' north latitude (Hopedale). 

4(aj Sub-area 3 

That portion of the Convention Area lying south of the parallel of 52° 15' north latitude; and to the east of a 
hne extending due north from Cape Bauld on the north coast of Newfoundland to 52° 15' north latitude; to the north 
of the parallel of 39°00' north latitude; and to the east and north of a rhumb line commencing at 39°00' north latitude, 
50°00' west longitude and extending in a northwesterly direction to pass through a point at 43°30' north latitude, 
55°00' west longitude in the direction of a point at 47°50' north latitude, 60°00' west longitude until it intersects a 
straight line connecting Cape Ray, on the the coast of Newfoundland, with Cape North on Cape Breton Island; thence 
in a northeasterly direction along said line to Cape Ray. 

4(Z)^ Sub-area 3 is composed of six Divisions: 
Division 3K 

That portion of the Sub-area lying north of the parallel of 49° 15' north latitude (Cape Freels, Newfoundland); 

Division 3L 

That portion of the Sub-area lying between the Newfoundland coast from Cape Freels to Cape St. Mary and 
a line described as follows: beginning at Cape Freels, thence due east to the meridian of 46°30' west longitude, thence 
due south to the parallel of 46°00' north latitude, thence due west to the meridian of 54°30' west longitude, thence 
along a rhumb line to Cape St. Mary, Newfovmdland; 

Division 3M 

That portion of the Sub-area lying south of the parallel of 49°15' north latitude and east of the meridian of 
46°30' west longitude; 

Division 3N 

That portion of the Sub-area lying south of the parallel of 46°00' north latitude and between the meridian of 
46°30' west longitude and the meridian of 51°00' west longitude; 

Division 3-0 .... ■ , 

That portion of the Sub-area lying south of the parallel of 46°00' north latitude and between the meridian of 
51°00' west longitude and the meridian of 54°30' west longitude; 

Division 3P ' 

That portion of the Sub-area lying south of the Newfoundland coast and west of a line from Cape St. Mary, 
Newfoundland to a point at 46''00' north latitude, 54°30' west longitude, thence due south to the limit of the Sub-area; 

Division 3P is divided into two Subdivisions: 

3Pn — Northwestern Subdivision — That portion of Division 3P lying northwest of a line extending from Burgeo 
Island, Newfoundland, approximately southwest to a point at 46°50' north latitude and 58°50' west longitude; 

3Ps — Southeastern Subdivision — That portion of Division 3P lying southeast of the line defined for Subdivi- 
sion 3Pn. 



1272 The Marine Mammal Commission Compendium 



5(a) Sub-area 4 

That portion of the Convention Area lying north of the parallel of 39°00' north latitude, to the west of Sub-area 
3, and to the east of a line described as follows: beginning at the terminus of the international boundary between the 
United States of America and Canada in Grand Manan Channel, at a point at 44°46' 35.346"north latitude; 66°54' 
11.253"west longitude; thence due south to the parallel of 43°50' north latitude; thence due west to the meridian of 
67°40' west longitude; thence due south to the parallel of 42°20' north latitude; thence due east to a point in 66°00' 
west longitude; thence along a rhumb line in a southeasterly direction to a point at 42°00' north latitude and 65°40' 
west longitude; and thence due south to the parallel of 39''00' north latitude. 

5(b) Sub-area 4 is divided into six Divisions: 

Division 4R 

That portion of the Sub-area lying between the coast of Newfoundland from Cape Bauld to Cape Ray and a 
line described as follows: beginning at Cape Bauld, thence due north to the parallel of 52°15' north latitude, thence 
due west to the Labrador coast, thence along the Labrador coast to the terminus of the Labrador-Quebec boundary, 
thence along a rhumb line in a southwesterly direction to a point at 49°25' north latitude, 60°00' west longitude, 
thence due south to a point at 47''50' north latitude, 60°00' west longitude, thence along a rhumb line in a southeasterly 
direction to the point at which the boundary of Sub-area 3 intersects the straight line joining Cape North, Nova Scotia 
with Cape Ray, Newfoundland, thence to Cape Ray, Newfoundland; 

Division 4S 

That portion of the Sub-area lying between the south coast of Quebec from the terminus of the Labrador-Quebec 
boundary to Pte. des Monts and a line described as follows: beginning at Pte. des Monts, thence due east to a point 
at 49°25' north latitude, 64°40' west longitude, thence along a rhumb line in an east-southeasterly direction to a point 
at 47°50' north latitude, GO'DO' west longitude, thence due north to a point at 49°25' north latitude, 60°00' west 
longitude, thence along a rhumb line in a northeasterly direction to the terminus of the Labrador-Quebec boundary; 

Division 4T ■.• ■ ■ ; .. /■ .. '--.: 

That portion of the Sub-area lying between the coasts of Nova Scotia, New Brunswick and Quebec from Cape 
North to Pte. des Monts and a line described as follows: beginning at Pte. des Monts, thence due east to a point at 
49°25' north latitude, 64°40' west longitude, thence along a rhumb line in a southeasterly direction to a point at 
47°50' north latitude, 60°00' west longitude, thence along a rhumb line in a southerly direction to Cape North, Nova 
Scotia; 

Division 4V 

That portion of the Sub-area lying between the coast of Nova Scotia between Cape North and Fourchu and a 
line described as follows: beginning at Fourchu, thence along a rhumb line in an easterly direction to a point at 45°40' 
north latitude, 60°00' west longitude, thence due south along the meridian of 60°00' west longitude to the parallel of 
44°10' north latitude, thence due east to the meridian of SB'OO' west longitude, thence due south to the parallel of 
39°00' north latitude, thence due east to a point where the boundary between Sub-areas 3 and 4 meets the parallel 
of 39°00' north latitude, thence along the boundary between Sub-areas 3 and 4 and a line continuing in a 
northwesterly direction to a point at 47°50' north latitude, 60°00' west longitude, and thence along a rhumb line in 
a southerly direction to Cape North, Nova Scotia; 

Division 4V is divided into two Subdivisions: 

4Vn — Northern Subdivision — That portion of Division 4V lying north of the parallel of 45°40' north latitude; 

4Vs — Southern Subdivision — That portion of Division 4V lying south of the parallel of 45°40' north latitude; 

Division 4W 

That portion of the Sub-area lying between the coast of Nova Scotia from Halifax to Fourchu and a line described 
as follows: beginning at Fourchu, thence along a rhumb line in an easterly direction to a point at 45°40' north latitude, 



Multilateral / Fisheries 1273 



60°00' west longitude, thence due south along the meridian of 60°00' west longitude to the parallel of 44°10' north 
latitude, thence due east to the meridian of 59°00' west longitude, thence due south to the parallel of 39°00' north 
latitude, thence due west to the meridian of 63°20' west longitude, thence due north to a point on that meridian at 
44°20' north latitude, thence along a rhumb line in a northwesterly direction to Halifax, Nova Scotia; 

Division 4X 

That portion of the Sub-area lying between the western boundary of Sub-area 4 and the coasts of New 
Bnmswick and Nova Scotia from the terminus of the boundary between New Brunswick and Maine to Halifax, and 
a line described as follows: beginning at Halifax, thence along a rhumb line in a southeasterly direction to a point at 
44°20' north latitude, 63°20' west longitude, thence due south to the parallel of 39°00' north latitude, and thence due 
west to the meridian of 65°40' west longitude. 

6(a) Sub-area 5 

That portion of the Convention Area lying to the west of the western boundary of Sub-area 4, to the north of 
the parallel of 39°00' north latitude, and to the east of the meridian of 71°40' west longitude. 

6(b) Sub-area 5 is composed of two Divisions: . 

Division 5Y 

That portion of the Sub-area lying between the coasts of Maine, New Hampshire and Massachusetts from the 
border between Maine and New Brunswick to 70°00' west longitude on Cape Cod (at approximately 42° north latitude) 
and a line described as follows: beginning at a point on Cape Cod at 70° west longitude (at approximately 42° north 
latitude), thence due north to 42°20' north latitude, thence due east to 67°40' west longitude at the boundary of 
Sub-areas 4 and 5, and thence along that boundary to the boundary of Canada and the United States; 

Division 52 

That portion of the Sub-area lying to the south and east of Division 5Y. 

Division 5Z is divided into two Subdivisions: an eastern Subdivision and a western Subdivision defined as 
follows: 

BZe — Eastern Subdivision — That portion of Division 5Z lying east of the meridian of 70°00' west longitude; 

5Zw — Western Subdivision — That portion of Division 5Z lying west of the meridian of 70°00' west longitude. 

1(a) Sub-area 6 

That part of the Convention Area bounded by a line beginning at a point on the coast of Rhode Island at 71°40' 
west longitude, thence due south to 39°00' north latitude, thence due east to 42°00' west longitude, thence due south 
to 35°00' north latitude, thence due west to the coast of North America, thence northwards along the coast of North 
America to the point on Rhode Island at 71°40' west longitude. 

1(b) Sub-area 6 is composed of eight Divisions: 

Division 6A 

That portion of the Sub-area lying to the north of the parallel of 39°00' north latitude and to the west of 
Sub-area 5; 

Division 6B 

That portion of the Sub-area lying to the west of 70°00' west longitude, to the south of the parallel of 39°00' 
north latitude, and to the north and west of a line running westward along the parallel of 37°00' north latitude to 
76°00' west longitude and thence due south to Cape Henry, Virginia; 



1274 The Marine Mammal Commission Compendium 

Division 6C ■ .. , . ■ ■, ■ .---..■'■. , . - • >-■ ■.■'■ ■•-. -■■■'.. 'Vi 

That portion of the Sub-area lying to the west of 70°00' west longitude and to the south of Subdivision 6B; 
Division 6D 

That portion of the Sub-area lying to the east of Divisions 6B and 6C and to the west of 65°00' west longitude; 
Division 6E 

That portion of the Sub-area lying to the east of Division 6D and to the west of 60°00' west longitude; 
Division 6F 

That portion of the Sub-area lying to the east of Division 6E and to the west of 55°00' west longitude; 
Division 6G , ■, ■•• 

That portion of the Sub-area lying to the east of Division 6F and to the west of SO'DO' west longitude; 
Division 6H 

That portion of the Sub-area lying to the east of Division 6G and to the west of 42°00' west longitude. 



South Pacific Forum Fisheries Agency 
Convention, Honiara, 1979 



Done at Honiara 10 July 1979 

Entered into force 9 August 1979* 

Depositary: Solomon Islands 

Primary source citation: Copy of text provided by the 
South Pacific Forum Fisheries Agency 



SOUTH PACIFIC FORUM FISHERIES 
AGENCY CONVENTION 

THE GOVERNMENTS COMPRISING THE SOUTH PACIFIC FORUM 

Noting the Declaration on Law of the Sea and a Regional Fisheries Agency adopted at the 8th South Pacific Forum 
held in Port Moresby in August 1977; 

Recognising their common interest in the conservation and optimum utilisation of the living marine resources of 
the South Pacific region and in particular of the highly migratory species; 

Desiring to promote regional co-operation and co-ordination in respect of fisheries policies; 

Bearing in mind recent developments in the law of the sea; 

Concerned to secure the maximum benefits from the living marine resources of the region for their peoples and for 
the region as a whole and in particular the developing countries; and 

Desiring to facilitate the collection, analysis, evaluation and dissemination of relevant statistical scientific and 
economic information about the living marine resources of the region, and in particular the highly migratory species; 

HAVE AGREED AS FOLLOWS: 



Article I 
Agency 

1. There is hereby established a South Pacific Forum Fisheries Agency. 

2. The Agency shall consist of a Forum Fisheries Committee and a Secretariat. 

3. The seat of the Agency shall be at Honiara, Solomon Islands. 

* This Convention is not in force for the United States. 



1276 The Marine Mammal Commission Compendium 

Article II 
Membership 

Membership of the Agency shall be open to: '' 

(a) members of the South Pacific Forum ' > 

(b) other states or territories in the region on the recommendation of the Committee and with the approval 
of the Forum. 

Article III 

Recognition of Coastal States' Rights 

1. The Parties to this Convention recognise that the coastal state has sovereign rights, for the purpose of exploring 
and exploiting, conserving and managing the living marine resources, including highly migratory species, 
within its exclusive economic zone or fishing zone which may extend 200 nautical miles from the baseline from 
which the breadth of its territorial sea is measured. 

2. Without prejudice to Paragraph (1) of this Article the Parties recognise that effective co-operation for the 
conservation and optimum utilisation of the highly migratory species of the region will require the estab- 
lishment of additional international machinery to provide for co-operation between all coastal states in the 
region and all states involved in the harvesting of such resources. 

Article IV 

Committee 

1. The Committee shall hold a regular session at least once every year. A special session shall be held at any time 
at the request of at least four Parties. The Committee shall endeavour to take decisions by consensus. 

2. Where consensus is not possible each Party shall have one vote and decisions shall be taken by a two-thirds 
majority of the Parties present and voting. 

3. The Committee shall adopt such rules of procedure and other internal administrative regulations as it considers 
necessary. 

4. The committee may establish such sub-committees, including technical and budget subcommittees as it may 
consider necessary. 

5. The South Pacific Bureau for Economic Co-operation (SPEC) may participate in the work of the Committee. 
States, territories and other international organisations may participate as observers in accordance with such 
criteria as the Committee may determine. 

Article V 
Functions of the Committee 

1. The functions of the Committee shall be as follows: 

(a) to provide detailed policy and administrative guidance and direction to the Agency; 

(b) to provide a forum for Parties to consult together on matters of common concern in the field of fisheries; 



Multilateral / Fisheries 1277 

(c) to carry out such other functions as may be necessary to give effect to this Convention. 
2. In particular the Committee shall promote intra-regional co-ordination and co-operation in the following fields: 

(a) harmonisation of policies with respect to fisheries management; 

(b) co-operation in respect of relations with distant water fishing countries; 

(c) co-operation in surveillance and enforcement; 

(d) co-operation in respect of onshore fish processing; 

(e) co-operation in marketing; 

(0 co-operation in respect of access to the 200 mile zones of other Parties. 

Article VI 

Director, Staff and Budget 

1. The Committee shall appoint a Director of the Agency on such conditions as it may determine. 

2. The Committee may appoint a Deputy Director of the Agency on such conditions as it may determine. 

3. The Director may appoint other staff in accordance with such rules and on such conditions as the Committee 
may determine. 

4. The Director shall submit to the Committee for approval: 

(a) an annual report on the activities of the Agency for the preceding year; 

(b) a draft work programme and budget for the succeeding year. 

5. The approved report, budget and work programme shall be submitted to the Forum. 

6. The budget shall be financed by contributions according to the shares set out in the Annex to this Convention. 
The Annex shall be subject to review from time to time by the Committee. 

7. The Committee shall adopt financial regulations for the administration of the finances of the Agency. Such 
regulations may authorise the Agency to accept contributions from private or public sources. 

8. All questions concerning the budget of the Agency, including contributions to the budget, shall be determined 
by the Committee. 

9. In advance of the Committee's approval of the budget, the Agency shall be entitled to incur expenditure up to 
a limit not exceeding two-thirds of the preceding year's approved budgetary expenditure. 

Article VII 

Functions of the Agency 

Subject to direction by the Committee the Agency shall: 

(a) collect, analyse, evaluate and disseminate to Parties relevant statistical and biological information with 
respect to the living marine resources of the region and in particular the highly migratory species; 



1278 The Marine Mammal Commission Compendiui 



(b) collect and disseminate to Parties relevant information concerning management procedures, legislation 
and agreements adopted by other countries both within and beyond the region; 

(c) collect and disseminate to Parties relevant information on prices, shipping, processing and marketing 
offish and fish products; 

(d) provide, on request, to any Party technical advice and information, assistance in the development of 
fisheries policies and negotiations, and assistance in the issue of licences, the collection of fees or in 
matters pertaining to surveillance and enforcement; 

(e) seek to establish working arrangements with relevant regional and international organisations, 
particularly the South Pacific Commission; and 

(f) undertake such other functions as the Committee may decide. 



Article VIII 
Legal Status, Privileges and Immunities 

1. The Agency shall have legal personality and in particular the capacity to contract, to acquire and dispose of 
movable and immovable property and to sue and be sued. 

2. The Agency shall be immune from suit and other legal process and its premises, archives and property shall 
be inviolable. 

3. Subject to approval by the Committee the Agency shall promptly conclude an agreement with the Government 
of Solomon Islands providing for such privileges and immunities as may be necessary for the proper discharge 
of the functions of the Agency. 

Article IX 
Information 

The Parties shall provide the Agency with available and appropriate information including: 

(a) catch and effort statistics in respect of fishing operations in waters under their jurisdiction or conducted 
by vessels under their jurisdiction; 

(b) relevant laws, regulations and international agreements; 

(c) relevant biological and statistical data; and 

(d) action with respect to decisions taken by the Committee. 

Article X 

Signature, Accession, Entry into Force 

1. This Convention shall be open for signature by members of the South Pacific Forum. 

2. This Convention is not subject to ratification and shall enter into force 30 days following the eighth signature. 
Thereafter it shall enter into force for any signing or acceding state thirty days after signature or the receipt 
by the depositary of an instrument of accession. 



Multilateral / Fisheries 1279 



3. This Convention shall be deposited with the Government of Solomon Islands (herein referred to as the 
depositary) who shall be responsible for its registration with the United Nations. 

4. States or territories admitted to membership of the Agency in accordance with Article II{b) shall deposit an 
instrument of accession -vith the depositary. 

5. Reservations to this Convention shall not be permitted. 

Article XI 
Withdrawal and Amendment 

1. Any Party may withdraw from this Convention by giving vmtten notice to the depositary. Withdrawal shall 
take effect one year after receipt of such notice. 

2. Any Party may propose amendments to the Convention for consideration by the Committee. The text of any 
amendment shall be adopted by a unanimous decision. The Committee may determine the procedures for the 
entry into force of amendments to this Convention. 

EV WITNESS WHEREOF the undersigned, being duly authorised thereto by their respective Governments, have 
signed this Convention 

Opened for signature at Honiara this 10th day of July, 1979. 

ANNEX 

The following are the shares to be contributed by Parties to the Convention towards the budget of the Agency in 
accordance with Article VI(6)- 

Australia 1/3 

Cook Islands 1/30 

Fiji 1/30 

Gilbert Islands 1/30 

Nauru 1/30 

New Zealand 1/3 

Niue 1/30 

Papua New Guinea . 1/30 

Solomon Islands 1/30 

Tanga 1/30 

Tuvalu 1/30 

Western Samoa 1/30 



Convention on Future Multilateral 

Cooperation in North-East Atlantic 

Fisheries, London, 1980 



Done at London 8 November 1980 

Entered into force 17 March 1982* 

Depositary: United Kingdom 

Primary source citation: 1285 UNTS 130 



CONVENTION ON FUTURE MULTILATERAL 
COOPERATION IN NORTH-EAST ATLANTIC FISHERIES 

The Contracting Parties, 

Noting that the coastal states of the North-East Atlantic have, in accordance with relevant principles of 
international law, extended their jurisdiction over the living resources of their adjacent waters to limits of up to two 
hundred nautical miles from the baselines from which the breadth of the territorial sea is measured, and exercise 
within these areas sovereign rights for the purpose of exploring and exploiting, conserving and managing these 
resources, 

Taking into account the work of the Third United Nations Conference on the Law of the Sea in the field of fisheries. 

Desiring to promote the conservation and optimum utilisation of the fishery resources of the North-East 
Atlantic area within a framework appropriate to the regime of extended coastal state jurisdiction over fisheries, and 
accordingly to encourage international cooperation and consultation with respect to these resources. 

Considering that the North-East Atlantic Fisheries Convention of 24 January 1959 should accordingly be replaced. 

Have agreed as follows: 

Article 1. 1 . The area to which this Convention applies, hereinafter referred to as "the Convention Area", 
shall be the waters: 

(a) Within those parts of the Atlantic and Arctic Oceans and their dependent seas which lie north of 36° north 
latitude and between 42° west longitude and 51° east longitude, but excluding: 

(i) The Baltic Sea and the Belts lying to the south and east of lines drawn from Hasenore Head to Gniben 

Point, from Korshage to Spodsbierg and from Gilbierg Head to the Kullen, and 

(ii) The Mediterranean Sea and its dependent seas as far as the point of intersection of the parallel of 

36° latitude and the meridian of 5°36' west longitude. 



* This Convention is not in force for the United States. 



Multilateral / Fisheries 1281 



(b) Within that part of the Atlantic Ocean north of 59° north latitude and between 44° west longitude and 42° west 
longitude. 

2. This Convention applies to all fishery resources of the Convention area with the exception of sea 
mammals, sedentary species, i.e., organisms which, at the harvestable stage, either are immobile on or under the 
seabed or are unable to move except in constant physical contact with the seabed or the subsoil and, in so far as they 
are dealt with by other international agreements, highly migratory species and anadromous stocks. 

Article 2. Nothing in this Convention shall be deemed to affect the rights, claims, or views of any Contracting 
Party with regard to the limits or extent of jurisdiction over fisheries. 

Article 3. 1. For the purposes of this Convention, the Contracting Parties agree to establish and maintain 
a North-East Atlantic Fisheries Commission, hereinafter referred to as "the Commission". 

2. The Commission shall have legal personality and shall enjoy in its relations with other international 
organisations and in the territories of the Contracting Parties such legal capacity as may be necessary to perform its 
functions and achieve its ends. 

3. Each Contracting Party shall appoint to the Commission not more than two representatives who may be 
accompanied at any of its meetings by experts and advisers. 

4. The Commission shall elect its own President and not more than two Vice-Presidents. 

5. The Office of the Commission shall be in London. 

6. Except when the Commission determines otherwise, it shall meet once a year in London at such time as 
it decides; provided, however, that upon the request of a Contracting Party and subject to the concurrence of three 
other Contracting Parties, the President shall, as soon as practicable, convene a meeting at such time and place as 
he may determine. 

7. The Commission shall appoint its own Secretary and such other staff as it may require. 

8. The Commission may set up such Committees and other subsidiary bodies as it considers desirable for 
the exercise of its duties and functions. 

9. Each Contracting Party shall have one vote in the Commission. Decisions of the Commission shall be 
taken by a simple majority, or, if this Convention specifically requires a qualified majority, by a two-thirds majority 
of the votes of all Contracting Parties present and casting affirmative or negative votes, provided that no vote shall 
be taken unless there is a quorum of at least two thirds of the Contracting Parties. If there is an even division of votes 
on any matter which is subject to a simple majority decision, the proposal shall be regarded as rejected. 

10. Subject to the provisions of this article, the Commission shall adopt its own rules of procedure, including 
provisions for the election of the President and Vice-Presidents and their terms of office. 

11. Reports of the proceedings of the Commission shall be transmitted as soon as possible to the Contracting 
Parties in English and French. 

Article 4. 1. The Commission shall perform its functions in the interests of the conservation and optimum 
utilisation of the fishery resources of the Convention Area and shall take into account the best scientific evidence 
available to it. 

2. The Commission shall provide a forum for consultation and exchange of information on the state of the 
fishery resources in the Convention Area and on management policies, including examination of the overall effect of 
such policies on the fishery resources. 

Article 5. 1. The Commission shall, as appropriate, make recommendations concerning fisheries con- 
ducted beyond the areas under fisheries jurisdiction of Contracting Parties. Such recommendations shall be adopted 
by a qualified majority. 



1282 The Marine Mammal Commission Compendium 



2. The Commission in the exercise of its functions under paragraph 1 shall seek to ensure consistency between: 

(a) Any recommendation that applies to a stock or group of stocks occurring both within an area under the fisheries 
jurisdiction of a Contracting Party and beyond, or any recommendation that would have an effect through 
species interrelationships on a stock or group of stocks occurring in whole or in part within an area under the 
fisheries jurisdiction of a Contracting Party, and 

ib) Any measures and decisions taken by such Contracting Party for the management and conservation of that 
stock or group of stocks with respect to fisheries conducted within the area under its fisheries jurisdiction. 

The appropriate Contracting Party and the Commission shall accordingly promote the coordination of such recom- 
mendations, measures and decisions. 

3. For the purpose of paragraph 2, each Contracting Party shall keep the Commission informed of its 
measures and decisions. 

Article 6. 1. The Commission may make recommendations concerning fisheries conducted within an area 
under fisheries jurisdiction of a Contracting Party, provided that the Contracting Party in question so requests and 
the recommendation receives its affirmative vote. 

2. The Commission may give advice concerning fisheries referred to in paragraph 1 if the Contracting Party 
in question so requests. 

Article 7. In the exercise of its functions, as set out in articles 5 and 6, the Commission may consider inter 
alia measures for: 

(a) The regulation of fishing gear and appliances, including the size of mesh of fishing nets, 

(6) The regulation of the size limits offish that may be retained on board vessels, or landed or exposed or offered 
for sale, 

(c) The establishment of closed seasons and of closed areas, 

id) The improvement and increase of fishery resources, which may include artificial propagation, the transplan- 
tation of organisms and the transplantation of young, 

(e) The establishment of total allowable catches and their allocation to Contracting Parties, 

(/) The regulation of the amount of fishing effort and its allocation to Contracting Parties. 

Article 8. 1. The Commission may by a qualified majority make recommendations concerning measures 
of control relating to fisheries conducted beyond areas under the fisheries jurisdiction of Contracting Parties for the 
purpose of ensuring the application of this Convention and any recommendations adopted thereunder. 

2. The Commission may also make recommendations concerning measures of control relating to fisheries 
conducted v*athin an area under the fisheries jurisdiction of a Contracting Party, provided that the Contracting Party 
in question so requests and the recommendation receives its affirmative vote. 

3. Recommendations adopted under this article may include provisions for termination different from those 
provided for in article 13. 

Article 9. 1. The Commission may by a qualified majority make recommendations providing for the 
collection of statistical information relating to fisheries conducted beyond areas under the fisheries jurisdiction of 
Contracting Parties. 

2. The Commission may also make recommendations providing for the collection of statistical information 
relating to fisheries conducted within an area under the fisheries jurisdiction of a Contracting Party, provided that 
the recommendation receives the affirmative vote of that Contracting Party. 



Multilateral / Fisheries 1283 



Article 10. When adopting recommendations, the Commission shall determine whether, and under which 
conditions, those recommendations shall apply to fishing operations conducted solely for the purpose of scientific 
investigation carried out according to relevant principles and rules of international law. 

Article 11. 1. The Commission shall, without undue delay, notify the Contracting Parties of the recom- 
mendations adopted by the Commission under this Convention. 

2. The Commission may publish or otherwise disseminate reports of its activities and other information 
relating to the fisheries in the Convention Area. 

Article 12. 1. A recommendation shall become binding on the Contracting Parties subject to the provisions 
of this article and shall enter into force on a date determined by the Commission, which shall not be before 30 days 
after the expiration of the period or periods of objection provided for in this article. 

2. (a) Any Contracting Party may, within 50 days of the date of notification of a recommendation adopted 
under paragraph 1 of article 5, under paragraph 1 of article 8 or under paragraph 1 of article 9, object thereto. In the 
event of such an objection, any other Contracting Party may similarly object within 40 days after receiving notification 
of that objection. If any objection is made within this further period of 40 days, other Contracting Parties are allowed 
a final period of 40 days after receiving notification of that objection in which to lodge objections. 

(6) A recommendation shall not become binding on a Contracting Party which has objected thereto. 

(c) If three or more Contracting Parties have objected to a recommendation it shall not become binding on 
any Contracting Party. 

(d) Except when a recommendation is not binding on any Contracting Party according to the provisions of 
sub-paragraph (c), a Contracting Party which has objected to a recommendation may at any time withdraw that 
objection and shall then be bound by the recommendation within 70 days, or as from the date determined by the 
Commission under paragraph 1, whichever is the later. 

(e) If a recommendation is not binding on any Contracting Party, two or more Contracting Parties may 
nevertheless at any time agree among themselves to give effect thereto, in which event they shall immediately notify 
the Commission accordingly. 

3. In the case of a recommendation adopted under paragraph 1 of article 6, under paragraph 2 of article 8, 
or under paragraph 2 of article 9, only the Contracting Party exercising fisheries jurisdiction in the area in question 
may, within 60 days of the date of notification of the recommendation, object thereto, in which case the recommen- 
dation shall not become binding on any Contracting Party. 

4. The Commission shall notify the Contracting Parties of any objection and wathdrawal immediately upon 
the receipt thereof, and of the entry into force of any recommendation and of the entry into effect of any agreement 
made pursuant to sub-paragraph (e) of paragraph 2. 

Article 13. 1. (a) Aftertheexpirationofoneyearfrom the date of entry in to force of a recommendation 
adopted under paragraph 1 of article 5, paragraph 1 of article 8 or paragraph 1 of article 9, any Contracting Party 
may notify the Commission of the termination of its acceptance of the recommendation and, if that notification is not 
withdrawn, the recommendation shall cease to be binding on that Contracting Party at the end of one year from the 
date of notification. 

(6) A recommendation which has ceased to be binding on a Contracting Party shall cease to be binding on 
any other Contracting Party 30 days after the date on which the latter notifies the Commission of the termination 
of its acceptance of the recommendation. 

2. In the case of recommendations adopted under paragraph 1 of article 6, paragraph 2 of article 8 or 
paragraph 2 of article 9, only the Contracting Party exercising fisheries jurisdiction in the area in question may notify 
the Commission of termination of its acceptance of the recommendation, in which event it shall cease to be binding 
on any Contracting Party at the end of 90 days from the date of the notification. 



1284 The Marine Mammal Commission Compendium 



3. The Commission shall notify the Contracting Parties of any notification under this article immediately 
upon the receipt thereof. -: , . 

Article 14. 1. In the interest of the optimal performance of the functions set out in articles 4, 5 and 6, the 
Commission shall seek information and advice from the International Council for the Exploration of the Sea. Such 
information and advice shall be sought on matters related to the Commission's activities and falling within the 
competence of the Council, including information and advice on the biology and population dynamics of the fish 
species concerned, the state of the fish stocks, the effect of fishing on those stocks, and measures for their conservation 
and management. 

2. In order to facilitate the tasks of the International Council for the Exploration of the Sea in providing 
information and advice to the Commission, the Commission shall seek to establish, in cooperation with the Council, 
arrangements to ensure that research studies for this purpose, including joint studies, are encouraged and conducted 
efficiently and without undue delay. . ' 

3. The Commission may establish working arrangements with any other international organisation which 
has related objectives. 

Article 15. 1. Without prejudice to the rights of Contracting Parties in regard to waters under their 
fisheries jurisdiction, the Contracting Parties shall take such action, including the imposition of adequate sanctions 
for infractions, as may be necessary to make effective the provisions of this Convention and to implement any 
recommendation which becomes binding under article 12. 

2. Each Contracting Party shall transmit to the Commission an annual statement of the actions it has taken 
pursuant to paragraph 1. 

Article 16. 1. Each Contracting Party shall inform the Commission of its legislative measures and of any 
agreements which it may have concluded, in so far as those measures and agreements relate to the conservation and 
utilisation of fishery resources in the Convention Area. 

2. Each Contracting Party shall furnish on the request of the Commission any available scientific and 
statistical information needed for the purposes of this Convention and such additional information as may be required 
under article 9. 

Article 17. 1. Each Contracting Party shall pay the expenses of its own delegation to all meetings held 
under this Convention. 

2. At its first meeting the Commission shall adopt a budget for its first financial year. At this meeting the 
Commission may also, as appropriate, adopt a budget for the second financial year. 

3. At each annual session the Commission shall adopt a budget for the following financial year and a budget 
estimate for the financial year following thereafter. A draft budget and draft budget estimate shall be submitted by 
the President of the Commission to the Contracting Parties not less than 40 days before the meeting of the Commission 
at which they are to be considered. 

4. The Commission shall determine the contributions due from each Contracting Party under the annual 
budgets according to the following formula: 

(a) One third of the budget shall be divided equally among the Contracting Parties, 

(6 ) Two thirds of the budget shall be divided among the Contracting Parties in proportion to their nominal catches 
in the Convention Area, on the basis of the International Council for the Exploration of the Sea definitive catch 
statistics for the calendar year ending not more than 24 and not less than 18 months before the beginning of 
the budget year, 

(c) However, the annual contribution of any Contracting Party which has a population of less than 300,000 
inhabitants shall be limited to a maximum of 5% of the total budget. When this contribution is so limited, the 
remaining part of the budget shall be divided among the other Contracting Parties in accordance with 
sub-paragraphs (a) and (6). This rule shall be effective for the first five budget years of the Commission and 



Multilateral / Fisheries 1285 



thereafter it shall be subject to annual review by the Commission which may change it by a decision adopted 
by a three-fourths majority of all Contracting Parties. 

5. The Commission shall notify each Contracting Party of the contribution due from that Party as 
determined under paragraph 4 and of the date as determined by the Commission by which this contribution shall be 
paid. 

6. The contribution of a Contracting Party which has acceded to this Convention during the course of a 
financial year shall, in respect of that year, be a part proportional to the number of complete months remaining in 
the year of the annual contribution calculated in accordance with paragraph 4. 

7. Contributions shall be payable in the currency of the country in which the Office of the Commission is 
located. 

8. A Contracting Party which has not paid by the date determined by the Commission its contributions for 
two years shall not enjoy the right of casting votes and of making objections under this Convention until it has fulfilled 
its obligations, unless, at the request of the Contracting Party concerned, the Commission decides otherwise. 

9. The Commission shall adopt rules for the conduct of its financial affairs. 

Article 18. By a qualified majority the Commission may sub-divide the Convention Area into regions and 
may alter the boundaries and vary the number of regions provided that the decision receives the affirmative vote of 
each Contracting Party exercising fisheries jurisdiction in any part of the area affected. 

Article 19. 1. Any Contracting Party may propose amendments to this Convention. Any such proposed 
amendment shall be sent to the Secretary at least 90 days prior to the meeting at which the Contracting Party 
proposes it to be acted upon. The Secretary shall transmit the proposal immediately to the Contracting Parties. 

2. The adoption of a proposed amendment requires a three-fourths majority of all Contracting Parties. The 
text of any proposed amendment so adopted shall be transmitted by the Commission to the Depositary which shall 
forthwith forward it to the Contracting Parties. 

3. An amendment shall take effect for the Contracting Parties 120 days following the date of the notification 
by the Depositary of receipt of written notification of approval by three-fourths of all Contracting Parties, unless any 
other Contracting Party notifies the Depositary, within 90 days of the date of the notification by the Depositary of 
such receipt, that it objects to the amendment, in which case the amendment shall not take effect for any Contracting 
Party. A Contracting Party which has objected to an amendment may at any time withdraw its objection. If all 
objections to an amendment are withdrawn, the amendment shall take effect for the Contracting Parties 120 days 
following the date of the notification by the Depositary of receipt of the last withdrawal. 

4. A Party which ratifies, accepts, approves or accedes to this Convention after an amendment has been 
adopted in accordance with paragraph 2 shall be deemed to have approved the said amendment. 

5. The Depositary shall promptly notify the Contracting Parties of the receipt of notifications of approval of 
amendments, the receipt of notification of objection or withdrawal of objections, and the entry into force of 
amendments. 

Article 20. 1. This Convention shall be open for signature from 18 November 1980 to 28 February 1981 
by the following Parties: Bulgaria, Cuba, Denmark in respect of the Faroe Islands, the European Economic 
Community, Finland, the German Democratic Republic, Iceland, Norway, Poland, Portugal, Spain, Sweden and the 
Union of Soviet Socialist Republics. It shall be ratified, accepted, or approved as soon as possible and the instruments 
of ratification, acceptance or approval shall be deposited with the Government of the United Kingdom of Great Britain 
and Northern Ireland, referred to in this Convention as "the Depositary". 

2. This Convention shall enter into force upon the deposit of instruments of ratification, acceptance or 
approval by not less than seven Signatories, provided that these include at least three Signatories exercising fisheries 
jurisdiction within the Convention Area. If, however, this Convention has not entered into force one year from the 
date on which this Convention is opened for signature, but not less than five Signatories have deposited instruments 
of ratification, acceptance or approval, including at least three Signatories exercising fisheries jurisdiction within 



1286 The Marine Mammal Commission Compendium 



the Convention Area, these Signatories may agree among themselves by special protocol on the date on which this 
Convention shall enter into force; in that case this Convention shall enter into force with respect to any Party that 
ratifies, accepts or approves thereafter on the date of deposit of its instrument of ratification, acceptance or approval. 

3. Any of the Parties referred to in paragraph 1 which has not signed this Convention may accede thereto 
at any time after it has entered into force in accordance with paragraph 2. 

4. Any state not referred to in paragraph 1, except a Member State of the European Economic Community, 
may accede to this Convention at any time after it has entered into force in accordance with paragraph 2, provided 
that an application for accession of that State meets with the approval of three fourths of all the Contracting Parties. 

An application for accession shall be addressed in writing to the Depositary which shall notify all Contracting 
Parties thereof The application is approved if within 90 days from the date of such notification three fourths of all 
the Parties in respect of which this Convention has already entered into force by that date have notified the Depositary 
of their approval of the application. 

The Depositary shall notify the State applying for accession and all Contracting Parties of the result of the 
application. 

5. Accession shall be effected by the deposit of an instrument of accession with the Depositary and shall 
take effect on the date of its receipt. As from that date any Party which accedes to this Convention shall be bound by 
the recommendations which are, at the time of its accession, binding on all the other Contracting Parties as well as 
by any other recommendations which are, at that time, binding on one or more of the Contracting Parties and are 
not specifically excluded by the acceding Peirty in its instrument of accession. 

6. The Depositary shall inform all Signatories and all acceding Parties of all instruments of ratification, 
acceptance, approval or accession deposited, and shall notify Signatories of the date and the Parties in respect of 
which this Convention enters into force. 

7. The Depositary shall call the first meeting of the Commission as soon as practicable after the entry into 
force of this Convention and shall communicate the provisional agenda to each Contracting Party. 

Article 21. At any time after two years from the date on which this Convention has entered into force with 
respect to a Contracting Party, that Party may denounce the Convention by means of a notification in writing 
addressed to the Depositary. Any such denunciation shall take effect twelve months after the date of its receipt, and 
shall be notified to the Contracting Parties by the Depositary. 

Article 22. This Convention, of which the English and French texts are equally authentic, shall be deposited 
with the Government of the United Kingdom of Great Britain and Northern Ireland. The Depositary shall transmit 
duly certified copies to the Signatories and acceding Parties, and shall register the Convention in accordance with 
Article 102 of the Charter of the United Nations. 



Convention for the Conservation of 

Salmon in the North Atlantic Ocean, 

Reykjavik, 1982 



Done at Reykjavik 2 March 1982 

Entered into force 1 October 1983 

Depositary: Council of the European Communities 

Primary source citation: TIAS 10789 



CONVENTION FOR THE CONSERVATION 
OF SALMON IN THE NORTH ATLANTIC OCEAN 

THE PARTIES to this Convention, 

RECOGNIZING that salmon originating in the rivers of different States intermingle in certain parts of the North 
Atlantic Ocean, 

TAKING INTO ACCOUNT international law, the provisions on anadromous stocks of fish in the Draft Convention 
of the Third United Nations Conference on the Law of the Sea and other developments in international fora relating 
to anadromous stocks, 

DESIRING to promote the acquisition, analysis and dissemination of scientific information pertaining to salmon 
stocks in the North Atlantic Ocean, 

DESIRING to promote the conservation, restoration, enhancement and rational management of salmon stocks in the 
North Atlantic Ocean through international co-operation, 

HAVE AGREED as follows: 



ARTICLE 1 

1. This Convention applies to the salmon stocks which migrate beyond areas of fisheries jurisdiction of 
coastal States of the Atlantic Ocean north of 36°N latitude throughout their migratory range. 

2. Nothing in this Convention shall affect the rights, claims or views of any Party with regard to the limits 
or extent of jurisdiction over fisheries, nor shall it prejudice the views or positions of any Party with respect to the 
law of the sea. 



1287 



1288 The Marine Mammal Commission Compendium 

'" ^- ■ ■-^^■'-■■- ARTICLE2 '■■'" '■■■' 

1. Fishing of salmon is prohibited beyond areas of fisheries jurisdiction of coastal States. 

2. Within areas of fisheries jurisdiction of coastal States, fishing of salmon is prohibited beyond 12 nautical 
miles from the baselines from which the breadth of the territorial sea is measured, except in the following areas: 

(a) in the West Greenland Commission area, up to 40 nautical miles from the baselines; and 

(b) in the North-East Atlantic Commission area, within the area of fisheries jurisdiction of the Faroe 
Islands. 

3. The Parties shall invite the attention of any State not a Party to this Convention to any matter relating 
to the activities of the vessels of that State which appears to affect adversely the conservation, restoration, 
enhancement or rational management of salmon stocks subject to this Convention or the implementation of the 
Convention. 



ARTICLES 

1. There is hereby established an international organization that shall be known as the North Atlantic 
Salmon Conservation Organization, hereinafter referred to as the "Organization". 

2. The objective of the Organization shall be to contribute through consultation and co-operation to the 
conservation, restoration, enhancement and rational management of salmon stocks subject to this Convention, taking 
into account the best scientific evidence available to it. 

3. The Organization shall consist of: 

(a) a Council, 

(b) three regional Commissions: ■ ■:•';. 

- a North American Commission, ' ■ . - 

- a West Greenland Commission and 

- a North-East Atlantic Commission, and 

(c) a Secretary. 

■ 4. The areas of the Commissions shall be as follows: 

(a) North American Commission: maritime waters within areas of fisheries jurisdiction of coastal 
States off the east coast of North America; 

(b) West Greenland Commission: maritime waters within the area of fisheries jurisdiction off the coast 
of West Greenland west of a line drawn along 44°W longitude south to 59°N latitude, thence due east to 42°W longitude 
and thence due south; and 

(c) North-East Atlantic Commission: maritime waters east of the line referred to in subparagraph (b). 

5. The Organization shall have legal personality and shall eiyoy in the territories of the Parties and in its 
relations with other international organizations such legal capacity as may be necessary to perform its functions and 
achieve its ends. The immunities and privileges which the Organization, its officers and staff and representatives of 
the Parties shall enjoy in the territory of a State shall be subject to agreement between the Organization and the 
State concerned. 

6. The official languages of the Organization shall be English and French. 

7. The office of the Organization shall be at Edinburgh or at such other place as the Council may decide. 



Multilateral / Fisheries 1289 



ARTICLE 4 

1. The functions of the Council shall be: 

(a) to provide a forum for the study, analysis and exchange of information among the Parties on matters 
concerning the salmon stocks subject to this Convention, and on the achievement of the objective of the Convention; 

(b) to provide a forum for consultation and co-operation on matters concerning the salmon stocks in 
the North Atlantic Ocean beyond Commission areas; 

(c) to facilitate the co-ordination of the activities of the Commissions and to co-ordinate the initiatives 
of the Parties under article 2, paragraph 3; 

(d) to establish working arrangements with the International Council for the Exploration of the Sea 
and other appropriate fisheries and scientific organizations; 

(e) to make recommendations to the Parties, the International Council for the Exploration of the Sea 
or other appropriate fisheries and scientific organizations concerning the undertaking of scientific research; 

(f) to supervise and co-ordinate the administrative, financial and other internal affairs of the Organi- 
zation, including the relations among its constituent bodies; 

(g) to co-ordinate the external relations of the Organization; and 

(h) to perform such other functions as are conferred on it by this Convention. 

2. The Council shall have the authority to make recommendations to the Parties and the Commissions on 
matters concerning salmon stocks subject to this Convention, including the enforcement of laws and regulations, 
provided that no recommendation shall be made concerning the management of salmon harvests within the area of 
fisheries jurisdiction of a Party. 

3. Notwithstanding paragraph 2, upon the specific request of a Commission, the Council shall have the 
authority to make recommendations to that Commission on regulatory measures which the Commission may propose 
pursuant to this Convention. 



ARTICLES 

1. Each Party shall be a member of the Council and may appoint to the Council not more than three 
representatives who may be accompanied at its meetings by experts and advisers. 

2. The Council shall elect a President and Vice-President who shall serve for two years. They shall be eligible 
for re-election, provided that they not serve for more than four years in succession in each office. The President and 
Vice-President shall not be representatives of the same Party. 

3. The President of the Council shall be the principal representative of the Organization. 

4. The President shall convene a regular annual meeting of the Council and the Commissions at a time and 
place determined by the Council. 

5. Upon the request of a Party with the concurrence of another Party the President shall call meetings of 
the Council other than annual meetings at such time and place as the President may determine. 

6. The Council shall submit to the Parties an annual report of the activities of the Organization. 



1290 The Marine Mammal Commission Compendium 

ARTICLE 6 

1. The Council shall adopt its rules of procedure. J = ' 

2. Each member of the Council shall have one vote in its proceedings. ■ ' ; ■ . - 

3. Except where otherwise provided, decisions of the Council shall be taken by a three-quarters majority of 
the votes of the members present and casting an affirmative or negative vote. No vote shall be taken unless two thirds 
of the members are present. 

ARTICLE? 

1. The functions of the North American Commission with regard to its area shall be: 

(a) to provide a forum for consultation and co-operation between the members: 

(i) on matters related to minimizing catches in the area of fisheries jurisdiction of one member 
of salmon originating in the rivers of another Party, and 

(ii) in cases where activities undertaken or proposed by one member affect salmon originating 
in the rivers of the other member because, for example, of biological interactions; 

(b) to propose regulatory measures for salmon fisheries under the jurisdiction of a member which 
harvest amounts of salmon significant to the other member in whose rivers that salmon originates, in order to 
minimize such heu^ests; 

(c) to propose regulatory measures for sedmon fisheries under the jurisdiction of a member which 
harvest amounts of salmon significant to another Party in whose rivers that salmon originates; and 

(d) to make recommendations to the Council concerning the undertaking of scientific research. 

2. Each member shall, with respect to its vessels and the area under its fisheries jurisdiction, take the 
measures necessary to minimize by-catches of salmon originating in the rivers of the other member. 

3. Fishing patterns in salmon fisheries in the North American Commission area shall not be altered in a 
manner which results in the initiation of fishing or increase in catches of salmon originating in the rivers of another 
Party, except with the consent of the latter. 

ARTICLES 

The functions of the West Greenland Commission and the North-East Atlantic Commission with regard to 
their respective areas shall be: 

(a) to provide a forum for consultation and co-operation among the members concerning the conservation, 
restoration, enhancement and rational management of salmon stocks subject to this Convention; 

(b) to propose regulatory measures for fishing in the area of fisheries jurisdiction of a member of salmon 
originating in the rivers of other Parties; and 

(c) to make recommendations to the Council concerning the undertaking of scientific research. 



Multilateral / Fisheries 1291 

ARTICLE 9 

In exercising the functions set out in articles 7 and 8, a Commission shall take into account: 

(a) the best available information, including advice from the International Council for the Exploration of 
the Sea and other appropriate scientific organizations; 

(b) measures taken and other factors, both inside and outside the Commission area, that affect the salmon 
stocks concerned; 

(c) the efforts of States of origin to implement and enforce measures for the conservation, restoration, 
enhancement and rational management of salmon stocks in their rivers and areas of fisheries jurisdiction, including 
measures referred to in article 15, paragraph 5 (b); 

(d) the extent to which the salmon stocks concerned feed in the areas of fisheries jurisdiction of the respective 
Parties; 

(e) the relative effects of harvesting salmon at different stages of their migration routes; 

(f) the contribution of Parties other than States of origin to the conservation of salmon stocks which migrate 
into their areas of fisheries jurisdiction by limiting their catches of such stocks or by other measures; and 

, (g) the interests of communities which are particularly dependent on salmon fisheries. 

ARTICLE 10 

1. The Parties shall be members of the Commissions as follows: 

(a) North American Commission: Canada and the United States of America; 

(b) West Greenland Commission: Canada, the European Economic Community and the United States 
of America; 

(c) North-East Atlantic Commission: Denmark in respect of the Faroe Islands, the European Economic 
Community, Iceland, Norway and Sweden. 

2. At its first meeting the Council shall review and may by unanimous vote modify the membership of the 
West Greenland Commission. 

3. A Party not mentioned in paragraph 1 (b) may, at its request and upon the unanimous decision of the 
Council, become a member of the West Greenland Commission or the North-East Atlantic Commission if it is a State 
of origin for significant quantities of salmon occurring in the respective Commission area or if it exercises fisheries 
jurisdiction in that area. 

4. Parties may participate as observers in the deliberations of a Commission of which they are not members. 

5. Each member may appoint to a Commission not more than three representatives who may be accompanied 
at its meetings by experts and advisers. 

6. Each Commission shall elect a Chairman and Vice-Chair man who shall serve for two years. They shall 
be eligible for re-election, provided that they not serve for more than four years in succession in each office. The 
ChEurman and Vice-Chairman shall not be representatives of the same member. 

7. Upon the request of a member of a Commission with the concurrence of another member the Chairman 
shall call meetings of the Commission other than annual meetings at such time and place as the Chairman may 
determine. 



1292 The Marine Mammal Commission Compendium 



8. Each Commission shall, on a timely basis, make a report of its activities to the Council. 



ARTICLE 11 

1. Each Commission shall adopt its rules of procedure. 

2. Each member of a Commission shall have one vote in its proceedings. In addition, in the case of the North 
American Commission, the European Economic Community shall have the right to submit and vote on proposals for 
regulatory measures concerning salmon stocks originating in the territories referred to in article 18. In the case of 
the North-East Atlantic Commission, Canada and the United States of America shall each have the right to submit 
and vote on proposals for regulatory measures concerning sedmon stocks originating in the rivers of Canada or the 
United States of America, respectively, and occurring off East Greenlsind. 

3. Decisions of a Commission shall be taken by the unanimous vote of those present and casting an 
affirmative or negative vote. No vote shall be taken unless two thirds of those entitled to vote on the matter concerned 
are present. 



ARTICLE 12 

1. The Council shall appoint a Secretary, who shall be the chief administrative officer of the Organization. 

2. The functions of the Secretary shall be: 

(a) to provide administrative services to the Organization; 

(b) to compile and disseminate statistics and reports concerning the salmon stocks subject to this 
Convention; and 

(c) to perform such functions as follow from other provisions of this Convention or as the Council may 
determine. 

3. The Council shall determine the conditions of employment of the Secretary and staff. 

4. The Secretary shall appoint the staff in accordance with staffing requirements approved by the Council. 
The staff shall be responsible to the Secretary, subject to the general supervision of the Council. 

ARTICLE 13 

1. The Secretary shall, without undue delay, notify the members of a Commission of any regulatory measure 
proposed by that Commission. 

2. Subject to paragraph 3, a regulatory measure proposed by a Commission under article 7, paragraph Kb) 
or (c), or article 8, subparagraph (b), shall become binding on its members 60 days after the date specified in the 
Secretary's notification or, if a later date is determined by the Commission, on such date. 

3. Any member in whose area of fisheries jurisdiction a regulatory measure would apply may, within 60 
days of the date specified in the Secretary's notification, lodge an objection to it. In this case the regulatory measure 
shall not become binding on any member. A member which has lodged an objection may at any time withdraw it. 
Thirty days after all objections are withdrawn the regulatory measure shall become binding, subject to paragraph 2. 

4. After the expiration of one year from the date on which a regulatory measure becomes binding, any 
member in whose area of fisheries jurisdiction the regulatory measure applies may denounce it by written notice to 
the Secretary. The Secretary shall immediately inform the other members of such denunciation. The regulatory 



Multilateral / Fisheries 1293 



measure shall cease to be binding on all members 60 days after the date of receipt by the Secretary of the notice of 
denunciation or, if a later date is indicated by the member, on such date. 

5. ACommission may propose an emergency regulatory measure having effect prior to the expiration of the 
60-day period referred to in paragraph 2. The members shall make best efforts to implement the measure, unless 
there is an objection by a member within 30 days after the Commission has proposed it. 



ARTICLE 14 

1. Each Party shall ensure that such action is taken, including the imposition of adequate penalties for 
violations, as may be necessary to make effective the provisions of this Convention and to implement regulatory 
measures which become binding on it under article 13. 

2. Each Party shall transmit to the Council an annual statement of the actions taken pursuant to 
paragraph 1. Such statement shall be sent to the Secretary not later than 60 days before the annual meeting of the 
Council. 



ARTICLE 15 

1. Each Party shall provide to the Council available catch statistics for salmon stocks subject to this 
Convention taken in its rivers and area of fisheries jurisdiction at such intervals as the Council may determine. 

2. Each Party shall compile and provide to the Council such other statistics for salmon stocks subject to this 
Convention in its rivers and area of fisheries jurisdiction as required by the Council. The Council shall decide by 
unanimous vote the scope and form of such statistics and the intervals at which they shall be provided. 

3. Each Party shall provide the Council with any other available scientific and statistical information which 
it requires for the purposes of this Convention. 

4. Upon the request of the Council each Party shall provide to the Council copies of laws, regulations and 
programmes in force or, where appropriate, summaries thereof, relating to the conservation, restoration, enhance- 
ment and rational management of salmon stocks subject to this Convention in its rivers and area of fisheries 
jurisdiction. 

5. Each year each Party shall notify the Council of: 

(a) the adoption or repeal since its last notification of laws, regulations and programmes relating to 
the conservation, restoration, enhancement and rational management of salmon stocks subject to this Convention in 
its rivers and area of fisheries jurisdiction; 

(b) any commitments by the responsible authorities concerning the adoption or maintenance in force 
for specified periods of time within its territory or area of fisheries jurisdiction of measures relating to the 
conservation, restoration, enhancement and rational management of salmon stocks subject to this Convention; and 

(c) factors within its territory and area of fisheries jurisdiction which may significantly affect the 
abundance of salmon stocks subject to this Convention. 

6. The notifications referred to in paragraph 5 (a) shall be sent to the Secretary not later than 60 days before 
the annual meeting of the Council. The notifications referred to in paragraph 5(b) and (c) shall be sent to the Secretary 
as soon as practicable. 



1294 The Marine Mammal Commission Compendium 



ARTICLE 16 

1. The Council shall adopt an annual budget for the Organization. The Secretary shall transmit a draft 
budget to the Parties, together with a schedule of contributions, not later than 60 days before the meeting of the 
Council at which the budget is to be considered. 

2. The Council shall determine the annual contribution of each Party according to the following formula: 

(a) 30% of the budget shall be divided equally among the Parties; and 

(b) 70% of the budget shall be divided among the Parties in proportion to their nominal catches of 
salmon subject to this Convention in the calendar year ending not more than 18 months and not less than 6 months 
before the beginning of the financial year. 

3. The Secretary shall notify each Party of its contribution. Contributions shall be paid not later than four 
months after the date of such notification. 

4. Contributions shall be payable in the currency of the State in which the office of the Organization is 
located, unless the Council decides otherwise. 

5. The contribution of a Party for which this Convention has entered into force during the course of a financial 
year shall for that year be a part of the annual contribution proportional to the number of complete months remaining 
in the year from the date of entry into force for that Party. 

6. A Party which has not paid its contributions for two consecutive years shall not be entitled to vote under 
this Convention until it has fulfilled its obligations, unless the Council decides otherwise. 

7. The financial affairs of the Organization shall be audited annually by external auditors to be selected by 
the Council. 



ARTICLE 17 

1. This Convention shall be open for signature at Reykjavik from 2 March to 31 August 1982 by Canada, 
Denmark in respect of the Faroe Islands, the European Economic Community, Iceland, Norway, Sweden and the 
United States of America. 

2. This Convention shall be subject to ratification or approval. 

3. This Convention shall be open for accession by the parties referred to in paragraph 1 and, subject to the 
approval of the Council, by any other State that exercises fisheries jurisdiction in the North Atlantic Ocean or is a 
State of origin for salmon stocks subject to this Convention. 

4. Instruments of ratification, approval or accession shall be deposited with the Depositary. 

5. This Convention shall enter into force on the first day of the month following the deposit of instruments 
of ratification, approval or accession by four Parties, provided that among the four Parties are two members of each 
Commission and that at least one of the two members of each Commission exercises fisheries jurisdiction in the 
Commission area. 

6. For each Party ratifying, approving or acceding to this Convention after the deposit of the requisite 
instruments of ratification, approval or accession under paragraph 5, it shall enter into force on the date of entry into 
force of the Convention or on the date of deposit of the instrument of ratification, approval or accession, whichever 
is the later. 

7. The Depositary shall inform the signatories and acceding Parties of the deposit of all instruments of 
ratification, approval and accession and shall notify the signatories and acceding parties of the date and the Parties 
in respect of which Convention enters into force. 



Multilateral / Fisheries 1295 



8. The Depositary shall call the first meeting of the Council and the Commissions as soon as practicable 
after the entry into force of this Convention. 



ARTICLE 18 

This Convention shall apply, insofar as the European Economic Community is concerned, to the territories in 
which the Treaty establishing the European Economic Community is applied and under the conditions laid down in 
that Treaty. 



ARTICLE 19 

1. Any Party may propose amendments to this Convention to be considered by the Council. A proposed 
amendment shall be sent to the Secretary not later than 90 days before the meeting at which it is proposed to be 
considered. The Secretary shall immediately transmit the proposed amendment to the Parties. 

2. The adoption of an amendment by the Council shall require the unanimous vote of the Parties present 
and casting an affirmative or negative vote. The text of an amendment so adopted shall be transmitted by the 
Secretary to the Depositary which shall immediately notify the Parties thereof 

3. An amendment shall enter into force for all Parties 30 days after the date specified in the notification by 
the Depositary of receipt from all Parties of instruments of ratification or approval. 

4. A Party which becomes bound by this Convention after an amendment has entered into force in 
accordance vsdth paragraph 3 shall be considered as a Party to the Convention as amended. 

5. The Depositary shall immediately notify all Parties of the receipt of instruments of ratification or approval 
and the entry into force of amendments. 



ARTICLE 20 

1. Any Party may denounce this Convention with effect from 31 December of any year by giving notice to 
the Depositary on or before the preceding 30 June. The Depositary shall immediately inform the other Parties of such 
denunciation. 

2. Any other Party may denounce this Convention with effect from the same 31 December by giving notice 
to the Depositary within 30 days of the date on which the Depositary informed the Parties of a denunciation under 
paragraph 1. 



ARTICLE 21 

1. The original of this Convention shall be deposited with the Council of the European Communities, referred 
to in the Convention as the "Depositary", which shall transmit certified copies thereof to all signatories and acceding 
Parties. 

2. The Depositary shall register this Convention in accordance with article 102 of the Charter of the United 
Nations. 

IN WITNESS WHEREOF the undersigned, being duly authorized thereto, have signed this Convention. 

OPENED FOR SIGNATURE at Reykjavik on 2 March 1982, in a single original, in the English and French languages, 
both texts being equally authoritative. 



Eastern Pacific Ocean Tuna Fishing 
Agreement, San Jose, 1983 



Done at San Jose 15 March 1983 

Not in force 

Depositary: Costa Rica , , ^ 

Primary source citation: Copy of text provided by the 
U.S. Department of State 



EASTERN PACIFIC OCEAN TUNA FISHING AGREEMENT 

The Contracting Parties to this Agreement, 

Resolved to cooperate for the purpose of ensuring the conservation and rational utilization of tuna resources 
in the eastern Pacific Ocean; 

Bearing in mind that tuna cover a broad area which, in the eastern Pacific Ocean, includes jurisdictional zones 
of a varying nature declared by the Coastal States and a considerable portion of the seas in which Coastal States do 
not exercise any jurisdiction; 

Recognizing that a tuna conservation regime for the eastern Pacific Ocean cannot be effective and equitable 
unless it is comprehensive and has the participation of all States that fish tuna in that region on a meaningful scale 
in relation to conservation requirements; 

Convinced that it is essential to establish, pending conclusion of a comprehensive regional tuna conservation 
regime, an interim regime taking into account the jurisdictional zones declared by many Coastal States of the eastern 
Pacific Ocean as well as the highly migratory character of tuna; 

Have agreed as follows: 



ARTICLE I 

The Contracting Parties agree to establish an interim regime for the management of fishing activities of tuna 
vessels in the eastern Pacific Ocean, based on a scheme for granting licenses in the region, which guarantees rational 
exploitation of the resources and equitable access to the fishing areas. 



ARTICLE II 

For the purpose of this Agreement, the Contracting Parties agree that: 

(A) "Coastal States" means States bordering the area described in paragraph (B) of this Article. 



Multilateral / Fisheries 1297 



(B) The "Agreement Area" means the following: ' 

From the point on the mainland where the parallel of 40 degrees North latitude intersects the coast 
westward along the parallel of 40 degrees North latitude to 40 degrees North latitude by 125 degrees West longitude, 
thence southerly along the meridian of 125 degrees West longitude to 20 degrees North latitude by 125 degrees West 
longitude, thence easterly along the parallel of 20 degrees North Latitude to 20 degrees North latitude by 120 degrees 
West longitude, thence southerly along the meridian of 120 degrees West longitude to 5 degrees North latitude by 
120 degrees West longitude, thence easterly along the parallel of 5 degrees North latitude to 5 degrees North latitude 
by 110 degrees West longitude, thence southerly along the meridian of 110 degrees West longitude to 10 degrees South 
latitude by 110 degrees West longitude, thence easterly along the parallel of 10 degrees South latitude to 10 degrees 
South latitude by 90 degrees West longitude, thence southerly along the meridian of 90 degrees West longitude to 
30 degrees South latitude by 90 degrees West longitude, thence easterly along the parallel of 30 degrees South latitude 
to the point on the mainland where the parallel intersects the coast, excluding the areas within 12 nautical miles of 
the baseline from which the breadth of territorial sea is measured and those areas within 200 nautical miles of the 
baselines of Coastal States not signatories to this Agreement, measured from the same baseline. The Agreement Area 
may be adjusted according to the provisions of ARTICLE III (B). 

(C) The species of tuna subject to this Agreement are: 

yellowfin tuna, Thunnus albacares (Bonnaterre, 1788); bigeye tuna, Thunnus obesus (Lowe, 1839); 
albacore tuna, Thunnus alalunga (Bonnaterre, 1788); northern bluefin tuna, Thunnus thynnus (Linnaeus, 1758); 
southern bluefin tuna, Thunnus maccoyil (Castelnau, 1872); skipjack tuna, Katsuwonus pelamis (Linnaeus, 1758); 
black skipjack, Euthynnu s Lineatus (Kishinouye, 1920); kawakawa, Euthynnus affinis (Cantor, 1849); bullet tuna, 
Auxis rochei (Risso, 1810); frigate tuna, Auxis thazard (Lacepede, 1800); eastern Pacific bonito, Sarda chiliensis 
(Cuvier in Cuvier and Valenciennes, 1831); and Indo-Pacific bonito, Sarda orientalis (Tfemminck and Schlegel, 1844). 



ARTICLE in 

(A) The Contracting Parties agree to establish a Council to implement this agreement. The Council shall 
be composed of representatives of the Contracting Parties which are Coastal States or are members of the 
Inter-American Tropical Tuna Commission (lATTC) at the time that this Agreement enters into force. Each such 
Contracting Party may appoint one representative and up to three alternate representatives to the Council, but each 
such party shall have only one vote. All Council decisions shall be adopted by unanimous agreement of such 
Contracting Parties present when the vote is taken, provided that at least five such Contracting Parties are 
represented. 

(B) The Council shall have authority: 

1. To issue licenses in accordance with Article IV; 

2. lb appoint the National Authority designated by any Contracting Party to issue licenses in 
accordance with this Agreement; 

3. lb appoint a Director, and to provide the resources to pay for his services and those of any needed 
staff, by contract or other arrangements; 

4. lb approve the proposed budget which shall be submitted annually to the Council by the Director; 

5. To authorize the Director to request and utilize the services and resources of any competent 
international agency and organization; 

6. T) establish license fees within limits prescribed in the Protocol to this Agreement; 

7. To disburse annually the revenue produced by the license fees in accordance with the Protocol to 
this Agreement; 



1298 The Marine Mammal Commission Compendium 



8. lb request reports from any competent international agency or organization on the status of any 
stocks of tuna in the Agreement Area, and to take such reports into account to promote the establishment of a 
comprehensive regional tuna conservation regime comprised of all States that fish tuna in the eastern Pacific Ocean 
on a meaningful scale in relation to conservation requirements; 

9. lb establish regulations for the effective implementation of this Agreement; 

10. To adjust the boundaries of the Agreement Area, in accordance with recommendations by the 
Director. 

(C) When the Council decides, based on scientific data contained in a report of any competent international 
agency or organization, that there is urgent necessity to conserve tuna resources, the Contracting Parties shall enter 
into consultations among themselves, and with States that are not Contracting Parties and fish tuna in the eastern 
Pacific Ocean on a meaningful scale in relation to conservation requirements. 

(D) In addition to actions taken in accordance with paragraph (C), whenever the Contracting Parties include 
all States that fish tuna in the eastern Pacific Ocean on a meaningful scale in relation to conservation requirements, 
pending conclusion of a comprehensive regional tuna conservation regime in which all such States participate, the 
Council may make interim conservation recommendations concerning tuna resources. Such recommendations shall 
be based on the reports referred to in paragraph (B)(8), and shall be consistent with and not supercede the obligations 
of any Contracting Party pursuant to any relevant multilateral conservation agreement. 

(E) The Council shall meet ordinarily once a year, and extraordinarily at the request of the Director or 
representatives of two Contracting Parties. 

(F) The Director shall carry out duties set forth in this Agreement and as otherwise prescribed by the 
Council. The Director shfdl be responsible to the Coimcil. 

(G) The Contracting Parties shall request their licensed vessels to cooperate vdth any competent interna- 
tional agency or organization to facilitate the collection of appropriate data. 

(H) Any authority not expressly provided to the Council is reserved to the Contracting Parties. 



ARTICLE IV 

(A) The Contracting Parties agree to the issuance of licenses permitting access to fishing in the Agreement 
Area. Licensing authority shall be vested in the Council. 

(B) The Contracting Parties agree that, in order to fish in the Agreement Area for any of the species of tuna 
designated in Article II, vessels flying their flags shall be required to have a valid license, issued in accordance with 
this Agreement. 

(C) License fees shall be estabUshed according to the provisions of the Protocol to this Agreement. 

(D) The Council, through the Director or an appointed National Authority, shall issue hcenses directly to 
owners or their representatives of the flag vessels of the Contracting Parties in accordance with the Protocol to this 
Agreement. 



ARTICLE V 

Any Contracting Party may require only those vessels flying its own flag to utilize the services of its National 
Authority appointed by the Council. 



Multilateral / Fisheries 1299 



ARTICLE VI 

(A) The Contracting Parties agree not to prohibit the importation of tuna and tuna products from another 
Contracting Party, as a result of any enforcement action by that Contracting Party consistent with this Agreement, 
as long as such Party is acting iii conformity with this Agreement. 

(B) Each Contracting Party shall adopt, as soon as possible, such provisions in its national law as may be 
necessary to ensure that its own flag vessels comply with the provisions of this Agreement and its Protocol. 



ARTICLE VII 

Contracting Parties to this Agreement may be: (A) Coastal States as defined in Article II, or (B) member States 
ofthelATTC. 



ARTICLE VIII 

Any State not included in Article VII may become a Contracting Party by adhering to this Agreement after 
unanimous approval by the Council. 



ARTICLE EX 

This Agreement shall enter into force 30 days after the deposit of the fifth instrument of ratification or 
adherence by a Coastal State. In the case of any State that deposits its instrument of ratification or adherence after 
the Agreement has entered into force, this Agreement shall enter into force for such State 30 days after the date on 
which such State has deposited said instrument. 



ARTICLE X 

The instruments of ratification or adherence shall be deposited with the Government of Costa Rica, at the 
Ministry of Foreign Relations and Worship. 



ARTICLE XI 

If during any period after entry into force there are fewer than five Contracting Parties that are Coastal States, 
the provisions of this Agreement shedl not apply for such remaining Contracting Parties during such period, but this 
Agreement shall not terminate. 



ARTICLE XII 

Any Contracting Party may, at any time after two years from the date on which this Agreement was entered 
into force for such Party, withdraw from this Agreement upon giving written notice to the Ministry of Foreign Relations 
and Worship of Costa Rica. If such notice is received by the Government of Costa Rica no later than October 1 of any 
year, it shall become effective on December 31 of that year. Any such notice received after October 1 of any year shall 
become effective on December 31 of the following year. 



1300 The Marine Mammal Commission Compendium 



ARTICLE XIII 

The provisions of this Agreement do not prejudice the positions of the Contracting Parties regarding internal 
waters, territorial seas, exclusive economic zones, fishery conservation zones, high seas, or sovereign rights or 
jurisdiction for any other purpose. 



ARTICLE XIV 

The Contracting Parties, recognizing the interim nature of this Agreement and the highly migratory character 
of the tuna resource, agree to continue their efforts to establish a new regional regime for the conservation, 
management, and orderly exploitation of tuna resources in the eastern Pacific Ocean. 

This regional regime shall include equitable guaranteed quotas to Coastal States based upon, inter alia , the 
criterion of concentration of the tuna resource, the effective measurement of which shall be determined in the future 
agreement among participants in the tuna fishery in the area regulated by the lATTC. 



ARTICLE XV 

The Contracting Parties, in view of their mutual interest in the effective implementation of the measures 
provided by this Agreement, undertake to cooperate to the extent possible in their tuna fisheries relations in the 
eastern Pacific Ocean, pending the issuance of licenses pursuant to this Agreement. 



ARTICLE XVI 

This Agreement shall be open for signature from March 15, 1983, until such time as the depositary shall receive 
the instrument of ratification or adherence of a fifth CoastfJ State. 

In witness whereof, the undersigned plenipotentiaries, duly authorized by their respective governments, have 
signed this Agreement. 

Done at San Jose, Costa Rica, on March 15, 1983, in the Spanish and English languages, both texts being 
equally authentic, and will remain with the depository, that will provide certified copies of both texts to all signatory 
States. 



Protocol to the Eastern Pacific Ocean 
Tuna Fishing Agreement, San Jose, 1983 



Done at San Jose 15 March 1983 

Not in force 

Primary source citation: Copy of text provided by the 
U.S. Department of State 



PROTOCOL TO THE EASTERN PACIFIC 
OCEAN TUNA FISHING AGREEMENT 

(A) 1. If the Agreement enters into force with five Contracting Parties, the fee for a fishing license shall 
be U.S. $60.00 (sixty dollars) per net registered ton of the vessel requesting the license. 

2. For each additional Contracting Party which is also a Coastal State, the Council shall adjust the 
license fee up to a maximum of U.S. $100.00 (one hundred dollars) per net registered ton. For this purpose, the Council 
shall take into account, inter alia , the amount of tuna taken within 200 nautical miles from the baselines from which 
the breadth of the territorial sea of the Coastal State ratifying or adhering to this Agreement is measured. 

The minimum increase in the fee for each additional Coastal State ratifying or adhering, after the sixth, 
shall be U.S. $10.00 (ten dollars) per net registered ton. The minimum increase for the sixth Coastal State may be 
more than, or less than, U.S. $10 (ten dollars) per net registered ton, also as determined by the Council. 

3. Upon withdrawal by any Coastal State, the license fee shall be decreased, taking into account, 
inter alia, the amount of tuna taken within 200 nautical miles of the aforementioned baselines of the Coastal State 
withdrawing from the Agreement. However, in no case shall the fee be less than U.S. $60 (sixty dollars) per net 
registered ton. 

(B) Licenses may be purchased at any time upon full payment of the established fee. Licenses shall be valid 
until December 31 of each year and allow access to fishing in the Agreement Area. 

(C) Any Contracting Party's vessel with a net registered tonnage of 200 tons or less may obtain licenses on 
a semi-annual rather than on an annual basis. The fee for a semi-annual license shall be one-half the annual fee. 

(D) Licenses shall not be required of vessels with a net registered tonnage of 200 tons or less which fish 
exclusively within 200 nautical miles of the aforementioned baselines of their flag State. However, the flag State 
shall notify the director of the names, registrations, tonnages and catches of such vessels. 

(E) For the purpose of this Agreement and this Protocol, the term "tons" refers to short tons. 

(F) After deducting an appropriate percentage of the total fees collected for administrative costs, but in no 
case more than ten percent of the annual total, the Council shall disburse annually the balance of all fees to the 
Coastal States in proportion to the amount of tuna taken within 200 nautical miles of each Coastal State, measured 
from the aforementioned baselines, during the year in which the licenses are issued. For the purposes of such 
disbursement, the Council, in accordance with paragraph (G) of this Protocol, may request, in addition, data from 
any competent international agency or organization. 



1302 The Marine Mammal Commission Compendium 



(G) 1. All licensed vessels shall provide written reports on the size of the catches taken in the Agreement 
Area, making specific mention of the coordinates of where the catches were made. These data shall be entered in the 
logbook of each vessel. 

2. These data shall be confidential and shall not be used for any purpose other than as specifically 
provided by the Agreement and this Protocol. 

3. The Director shall transmit to the Council aggregate data by area and size of catch. 

4. The Council shall determine the mechanisms of collection and analysis of these data. 

5. In accordance with Article VI (B) of the Agreement, each Contracting Party shall establish and 
enforce appropriate penalties for failure of its vessels to comply with their obligations set forth in this Protocol. 

(H) The Contracting Parties will consult, as appropriate, with other States with a view to agreeing on the 
conditions of participation in this Agreement. 



Treaty on Fisheries Between the 

Governments of Certain Pacific 

Island States and the Government 

of the United States of America, 

Port Moresby, 1987 



Done at Port Moresby 2 April 1987 

Entered into force 15 June 1988 

Depositary: Papua New Guinea 

Primary source citation: TIAS 11100 



TREATY ON FISHERIES BETWEEN THE 

GOVERNMENTS OF CERTAIN PACIFIC ISLAND STATES 

AND THE GOVERNMEP^ OF THE UNITED STATES OF AMERICA 

The Governments of the Pacific Island States party to this Treaty and the Gkivemment of the United States of America: 

ACKNOWLEDGING that in accordance with international law, coastal States have sovereign rights for the purposes 
of exploring and exploiting, conserving and managing the fisheries resources of their exclusive economic zones or 
fisheries zones; 

RECOGNISING the strong dependence of the Pacific Island parties on fisheries resources and the importance of the 
continued abundance of those resources; 

BEARING IN MIND that some species offish are found within and beyond the jurisdiction of any of the parties and 
range throughout a broad region; and 

DESIRING to maximize benefits flowing from the development of the fisheries resources within the exclusive 
economic zones or fisheries zones of the Pacific Island parties; 



1303 



1304 The Marine Mammal Commission Compendiui 



HAVE AGREED AS FOLLOWS: : 

ARTICLE 1 
DEFEVITIONS AND INTERPRETATION 

1.1 In this Treaty: 

(a) "Administrator" means that person or organisation designated by the Pacific Island parties to act as 
such on their behalf pursuant to this Treaty and notified to the Government of the United States; 

(b) "final judgment" means a judgment from which no appeal proceedings have been initiated within sixty 
days; 

(c) "fishing" means: 

(i) searching for, catching, taking or harvesting fish; 

(ii) attempting to search for, catch, take or harvest fish; 

(iii) engaging in any other activity which can reasonably be expected to result in the locating, catching, 
taking or harvesting of fish; 

(iv) placing, searching for or recovering fish aggregating devices or associated electronic equipment such 
as radio beacons; 

(v) any operations at sea directly in support of, or in preparation for any activity described in this 
paragraph; or 

(vi) aircraft use, relating to the activities described in this paragraph except for flights in emergencies 
involving the health or safety of crew members or the safety of a vessel; 

(d) "fishing vessel of the United States" or "vessel" means any boat, ship or other craft which is used for, 
equipped to be used for, or of a type normally used for commercial fishing, which is documented under 
the laws of the United States; 

(e) "Licensing Area" means all waters in the Treaty Area except for: 

(i) waters subject to the jurisdiction of the United States in accordance wdth international law; and 
(ii) waters closed to fishing by fishing vessels of the United States in accordance with Annex I; 

(f) "operator" means any person who is in charge of, directs or controls a vessel, including the owner, 
charterer and master; 

(g) "Pacific Island party" means a Pacific Island State party to this Treaty and "Pacific Island parties" means 
all such States from time to time; 

(h) "Pacific Island State" means a party to the South Pacific Forum Fisheries Agency Convention, 1979; 

(i) "party" means a State party to this Treaty, and "parties" means all such States, from time to time; 

(j) "this Treaty" means this Treaty, its Annexes and Schedules; and 

(k) "Treaty Area" means all waters north of 60 degrees South latitude and east of 90 degrees East longitude, 
subject to the fisheries jurisdiction of Pacific Island parties, and all other waters within rhumb lines 
connecting the following geographic co-ordinates, designated for the purposes of this Treaty, except for 



Multilateral / Fisheries 1305 



waters subject to the jurisdiction in accordance with international law of a State which is not a party 
to this Treaty: 

2°35'39"S 141°00'00"E 

1°01'35"N 140°48'35"E 

1°01'35"N 129°30'00"E 

10°00'00"N 129°30'00"E 

14''00'00'TSf 140°00'00"E 

14''00'00"N 142°00'00"E 

12"'30'00"N 142°00'00"E 

12°30'00'TSI J 158°00'00"E 

15°00'00"N 158°00'00"E 

15°00'00"N 165°00'00"E 

18''00'00"N 165°00'00"E 

18°00'00"N 174°00'00"E 

12°00'00"N 174°00'00"E 

12''00'00"N 176°00'00"E 

5°00'00"N 176°00'00"E 

1°00'00"N 180°00'00" 

1°00'00"N 164°00'00"W 

8°00'00"N 164°00'00"W 

8°00'00"N 158°00'00"W 

0°00'00" 150°00'00"W 

6°00'00"S 150''00'00"W 

6°00'00"S 146''00'00"W 

12''00'00"S 146°00'00"W 

26"'00'00"S 157''00'00"W 

26''00'00"S 174°00'00"W 

40°00'00"S 174°00'00"W 

40°00'00"S ' 171°00'00"W 

46''00'00"S 17r00'00"W 

55°00'00"S 180°00'00" 

69''00'00"S 160°00'00"E 

59°00'00"S 152°00'00"E 

and north along the 152 degrees of East longitude until intersecting the Australian 200 nautical mile 
limit. 

1.2. Nothing in this Treaty shall be deemed to affect the applicability of any provision of a Pacific Island 

party's law which is not identified or otherwise described in this Treaty. 



ARTICLE 2 
BROADER CO-OPERATION 

2.1 The Crovernment of the United States shall, as appropriate, co-operate with the Pacific Island parties 
through the provision of technical and economic support to assist the Pacific Island parties to achieve the objective 
of maximizing benefits from the development of their fisheries resources. 

2.2 The Government of the United States shall, as appropriate, promote the maximization of benefits 
generated for the Pacific Island parties from the operations of fishing vessels of the United States licensed pursuant 
to this Treaty, including: 

(a) the use of canning, transshipment, slipping and repair facilities located in the Pacific Island parties; 

(b) the purchase of equipment and supplies, including fuel supplies, from suppliers located in the Pacific 
Island parties; and 



1306 The Marine Mammal Commission Compendiuj 



(c) the employment of nationals of the Pacific Island parties on board licensed fishing vessels of the United 
States. 



ARTICLES 
ACCESS TO THE TREATY AREA 

3.1 Fishing vessels of the United States shall be permitted to engage in fishing in the Licensing Area in 
accordance with the terms and conditions referred to in Annex I and licenses issued in accordance with the procedures 
set out in Annex II. 

3.2 It shall be a condition of any licence issued pursuant to this Treaty that the vessel in respect of which 
the licence is issued is operated in accordance with the requirements of Annex I. No fishing vessel of the United States 
shall be used for fishing in the Licensing Area without a licence issued in accordance with Annex II or in waters closed 
to fishing pursuant to Annex I, except in accordance with paragraph 3 of this Article, or unless the vessel is used for 
fishing albacore tuna by the trolling method in high seas areas of the Treaty Area. 

3.3 A Pacific Island party may permit fishing vessels of the United States to engage in fishing in waters 
under the jurisdiction of that party which are: 

(a) within the Treaty Area but outside the Licensing Area; or ' 

(b) except for purse seine vessels, within the Licensing Area but otherwise than in accordance with the 
terms and conditions referred to in Annex I, 

in accordance with such terms and conditions as may be agreed from time to time with the owners of the said vessels 
or their representatives. In such a case, if the Pacific Island party gives notice to the Government of the United States 
of such arrangements, and if the Government of the United States concurs, the procedures of Articles 4 and 5.6 shall 
be applicable to such arrangements. 



ARTICLE 4 
FLAG STATE RESPONSIBILITY 

4.1 The Government of the United States shall enforce the provisions of this Treaty and licenses issued 
thereunder. The Government of the United States shall take the necessary steps to ensure that nationals and fishing 
vessels of the United States refrain from fishing in the Licensing Area and in waters closed to fishing pursuant to 
Annex I, except as authorised in accordance with Article 3. 

4.2 The Government of the United States shall, at the request of the Government of a Pacific Island party, 
take all reasonable measures to assist that party in the investigation of an alleged breach of this Treaty by a fishing 
vessel of the United States and promptly communicate all the requested information to that party. 

4.3 The Government of the United States shall ensure that: 

(a) each fishing vessel of the United States licensed pursuant to this Treaty is fully insured against all risks 
and liabilities; 

(b) all measures are taken to facilitate: •:•;:;;.;, ■ 

(i) any claim arising out of the activities of a fishing vessel of the United States, including a claim for 
the total market value of any fish taken from the Licensing Area without authorisation pursuant to 
this Treaty, and the prompt settlement of that claim; 



Multilateral / Fisheries 1307 



(ii) the service of legal process by or on behalf of a national or the Government of a Pacific Island party 
in any action arising out of the activities of a fishing vessel of the United States; 

(iii) the prompt and full adjudication in the United States of any claim made pursuant to this Treaty; 

(iv) the prompt and full satisfaction of any final judgment or other final determination made pursuant 
to this Treaty; and 

(v) the provision of a reasonable level of financial assurances, if, after consultation with the Government 
of the United States, all Pacific Island parties agree that the collection of any civil or criminal 
judgment or judgments or determination or determinations made pursuant to this Treaty has become 
a serious enforcement problem; 

(c) an amount equivalent to the total value of any forfeiture, fine, penalty or other amount collected by the 
Government of the United States incurred as a result of any actions, judicial or otherwise, taken 
pursuant to this Article is paid to the Administrator as soon as possible following the date that the 
amount is collected. 

4.4 The Government of the United States shall, at the request of the Government of a Pacific Island party, 
fully investigate any alleged infringement of this Treaty involving a vessel of the United States, and report as soon 
as practicable and in any case within two months to that Government on that investigation and on any action taken 
or proposed to be taken by the Government of the United States in relation to the alleged infringement. 

4.5 In the event that a report provided pursuant to paragraph 4 of this Article shows that a fishing vessel 
of the United States; 

(a) while fishing in the Licensing Area did not have a licence to fish in the Licensing Area, except in 
accordance with paragraph 2 of Article 3; or 

(b) was involved in any incident in which an authorised officer or observer was allegedly assaulted with 
resultant bodily harm, physically threatened, forcefully resisted, refused boarding or subjected to 
physical intimidation or physical interference in the performance of his or her duties as authorised 
pursuant to this Treaty; or 

that there was probable cause to believe that a fishing vessel of the United States: 

(c) was used for fishing in waters closed to fishing pursuant to Annex I, except as authorised in accordance 
with paragraph 3 of Article 3; 

(d) was used for fishing in any Limited Area as described in Annex I, except as authorised in accordance 
with that Annex; 

(e) was used for fishing by any method other than the purse seine method, except in accordance with 
paragraph 2 of Article 3; 

(f) was used for directed fishing for Southern Bluefin Tuna or for fishing for any kinds of fish other than 
tunas, except that other kinds offish may be caught as an incidental by-catch; 

(g) used an aircraft for fishing which was not identified on a form provided pursuant to Schedule 1 of 
Annex II in relation to that vessel; or 

(h) was involved in an incident in which evidence which otherwise could have been used in proceedings 
concerning the vessel has been intentionally destroyed; 

and that such vessel has not submitted to the jurisdiction of the Pacific Island party concerned, the Government of 
the United States shall, at the request of that party, take all necessary measures to ensure that the vessel concerned 



1308 The Marine Mammal Commission Compendium 



leaves the Licensing Area and waters closed to fishing pursuant to Annex I immediately and does not return except 
for the purpose of submitting to the jurisdiction of the party, or afler action has been taken by the Government of the 
United States to the satisfaction of that party. 

4.6 In the event that a report provided pursuant to paragraph 4 of this Article shows that a fishing vessel 
of the United States has been involved in a probable infringement of this Treaty, including an infiingement of an 
applicable national law as identified in Schedule 1 of Annex I, other than an infringement of the kind described in 
paragraph 5 of this Article, and that the vessel has not submitted to the jurisdiction of the Pacific Island party 
concerned, the Government of the United States shall, at the request of that party, take all necessary measures to 
ensure that the vessel concerned: 

(a) submits to the jurisdiction of that party; or 

(b) is penalised by the Government of the United States at such level as may be provided for like violations 
in United States law relating to foreign fishing vessels licensed to fish in the exclusive economic zone 
of the United States but not to exceed the sum of US$250,000. 

4.7 Financial assurances provided pursuant to this Treaty may be drawn against by any Pacific Island party 
to satisfy any civil or criminal judgment or other determination in favour of a national or the Government of a Pacific 
Island party. 

4.8 Prior to instituting any legal proceedings pursuant to this Article concerning an alleged infringement 
of this Treaty in waters vrithin the jurisdiction, for any purpose, as recognised by international law, of a Pacific Island 
party, the government of the United States shall notify the Government of that Pacific Island party that such 
proceedings shall be instituted. Such notice shall include a statement of the facts believed to show an infringement 
of this Treaty and the nature of the proposed proceedings, including the proposed charges and the proposed penalties 
to be sought. The Government of the United States shall not institute such proceedings if the Government of that 
Pacific Island party objects within 30 days of the effective date of such notice. 

4.9 The Government of the United States shall ensure that an agent is appointed and maintained in 
accordance with the requirements of subparagraphs (a) and (b) of this paragraph, with authority to receive and 
respond to any legal process issued by a Pacific Island party in respect of an operator of any fishing vessel of the 
United States (identified in the form set out in Schedule 1 of Annex II) and shall notify the Administrator of the name 
and address of such agent, who: 

(a) shall be located in Port Moresby for the purpose of receiving and responding to any legal process issued 
in accordance vrith this Article; and 

(b) shall, within 21 days of notification that legal process has been issued in accordance with this Article, 
travel to any Pacific Island party, at no expense to that party, for the purpose of receiving and responding 
to that process. 



ARTICLES 
COMPLIANCE POWERS , 

5.1 It is recognised that the respective Pacific Island parties may enforce the provisions of this Treaty and 
licenses issued thereunder, including arrangements made pursuant to Article 3.3 and licenses issued thereunder, in 
waters under their respective jurisdictions. 

5.2 The Governments of the Pacific Island parties shall promptly notify the Government of the United States 
of any arrest of a fishing vessel of the United States or any of its crew and of any charges filed or proceedings instituted 
following the arrest, in accordance with this Article. 



Multilateral / Fisheries 1309 



5.3 Fishing vessels of the United States and their crews arrested for breach of this Treaty shall be promptly 
released upon the posting of a reasonable bond or other security. Penalties applied in accordance with this Treaty for 
fishing violations shall not be unreasonable in relation to the offence and shall not include imprisonment or corporal 
punishment. 

5.4 The Government of the United States shall not apply sanctions of any kind including deductions, 
however effected, from any amounts which might otherwise have been paid to any Pacific Island party, and restrictions 
on trade with any Pacific Island party, as a result of any enforcement measure taken by a Pacific Island party in 
accordance vrith this Article. 

5.5 The Governments of the parties shall adopt and inform the other parties of such provisions in their 
national laws as may be necessary to give effect to this Treaty. 

5.6 Where legal proceedings have been instituted by the Government of the United States pursuant to 
Article 4, no Pacific Island party shall proceed with any legal action in respect of the same alleged infringement as 
long as such proceedings are maintained. Where penalties are levied or proceedings are otherwise concluded by the 
Government of the United States pursuant to Article 4, the Pacific Island party which has received notice of such 
final determination shall withdraw any legal charges or proceedings in respect of the same alleged infringement. 

5.7 During any period in which a party is investigating any infinngement of this Treaty involving a fishing 
vessel of the United States, being an infringement which is alleged to have taken place in waters within the 
jurisdiction, for any purpose, as recognised by international law, of a Pacific Island party, and if that Pacific Island 
party so notifies the other parties, any licence issued in respect of that vessel shall, for the purposes of Article 3, be 
deemed not to authorise fishing in the waters of that Pacific Island party. 

5.8 If full payment of any amount due as a result of a final judgment or other final determination deriving 
from an occurrence in waters within the jurisdiction, for any purpose, of a Pacific Island party, is not made to that 
party within sixty (60) days, the licence for the vessel involved shall be suspended at the request of that party and 
that vessel shall not be authorised to fish in the Licensing Area until that amount is paid to that party. 



ARTICLE 6 
CONSULTATIONS AND DISPUTE SETTLEMENT 

6.1 At the request of any party, consultations shall be held with any other party within sixty (60) days of 
the date of receipt of the request. All other parties shall be notified of the request for consultations and any party 
shall be permitted to participate in such consultations. 

6.2 Any dispute between the Government of the United States and the Government of one or more Pacific 
Island parties in relation to or arising out of this Treaty may be submitted by any such party to an arbitral tribunal 
for settlement by arbitration no earlier than one hundred and twenty ( 120) days following a request for consultations 
under Article 6.1. Unless the parties to the dispute agree otherwise, the Arbitration Rules of the United Nations 
Commission on International Trade Law as at present in force, shall be used. 

6.3 The Government or Governments of the Pacific Island party or parties to the dispute shall appoint one 
arbitrator and the Government of the United States shall appoint one arbitrator. The third arbitrator, who shall act 
as presiding arbitrator of the tribunal, shall be appointed by agreement of the parties to the dispute. In the event of 
a failure to appoint any arbitrator within the time period provided in the Rules, the arbitrator shall be appointed by 
the Secretary-General of the Permanent Court of Arbitration at The Hague. 

6.4 Unless the parties to the dispute agree otherwise, the place of arbitration shall be Port Moresby. The 
tribunal may hold meetings at such other place or places within the territory of a Pacific island party or elsewhere 
within the Pacific Islands region as it may determine. An award or other decision shall be final and binding on the 
parties to the arbitration, and, unless the parties agree otherwise, shall be made public. The parties shall promptly 
carry out any award or other decision of the tribunal. 



1310 The Marine Mammal Commission Compendium 



6.5 The fees and expenses of the tribunal shall be paid half by the Government or Governments of the Pacific 

Island party or parties to the arbitration and half by the Government of the United States, unless the parties to the 
jirbitration agree otherwise. 



ARTICLE 7 
REVIEW OF THE TREATY 

7. The parties shall meet once each year for the purpose of reviewing the operation of this Treaty. 

ARTICLES 
AMENDMENT OF THE TREATY 

8. The following procedures shall apply to the adoption and entry into force of any amendment to this 
Treaty. 

(a) Any party may propose amendments to this Treaty. 

(b) A proposed amendment shall be notified to the depositary not less than forty five (45) days before the 
meeting at which the proposed amendment will be considered. 

(c) The depositary shall promptly notify all parties of such proposal. 

(d) The parties shall consider proposed amendments to this Treaty at the annual meeting described in 
Article 7, or at any other time that may be agreed by all parties. 

(e) Any amendment to this Treaty shall be adopted by the approval of all the parties, and shall enter into 
force upon receipt by the depositary of instruments of ratification, acceptance or approval by the parties. 

(f) The depositary shall promptly notify all parties of the entry into force of the amendment. 

ARTICLE 9 
AMENDMENT OF ANNEXES 

9. The following procedures may apply to the adoption and entry into force of any amendment to an Annex 
of this Treaty, at the request of the party proposing the amendment, in lieu of the procedure set out in Article 8, unless 
otherwise provided in the Annex. 

(a) Any party may propose amendment to an Annex of this Treaty at any time by notifying such proposal 
to the depositary, which shall promptly notify all parties of the proposed amendment. 

(b) A party approving a proposed amendment to an Annex shall notify its acceptance to the depositary, 
which shall promptly notify all the parties of each acceptance. Upon receipt by the depositary of notices 
of acceptance from all parties, such amendment shall be incorporated in the appropriate Annex and 
shall have effect from that date, or from such other date as may be specified in such amendment. The 
depositary shall promptly notify all parties of the adoption of the amendment and its effective date. 



Multi lateral / Fisheries 1311 

ARTICLE 10 
NOTIFICATION 

10.1 The Administrator and each party shall notify the depositary of their current addresses for the receipt 
of notices given pursuant to this Treaty, and the depositary shall notify the Administrator and each of the parties of 
such addresses or any changes thereof Unless otherwise specified in this Treaty, any notice given in accordance vnth 
this Treaty shall be in writing and may be served by hand or sent by telex or, where either method cannot readily be 
effected, by registered airmail to the address of the party or the Administrator as currently listed with the depositary. 

10.2 Deliverjf by hand shall be effective when made. Delivery by telex shall be deemed to be effective on the 
business day following the day when the "answer back"appears on the sender's telex machine. Delivery by registered 
airmail shall be deemed to be effective twenty-one (21) days after posting. 

ARTICLE 11 
DEPOSITARY 

11. The depositary for this Treaty shall be the Government of Papua New Guinea. 

ARTICLE 12 
FINAL CLAUSES 

12.1 This Treaty shall be open for signature by the Governments of all the Pacific Island States and the 
Government of the United States of America. 

12.2 This Treaty is subject to ratification by the States referred to in paragraph 1 of this Article. The 
instruments of ratification shall be deposited with the depositary. 

12.3 This Treaty shall remain open for accession by States referred to in paragraph 1 of this Article. The 
instruments of accession shall be deposited with the depositary. 

12.4 This Treaty shall enter into force upon receipt by the depositary of instruments of ratification by the 
Government of the United States and by the Governments of ten Pacific Island States which shall include the 
Federated States of Micronesia, the Republic of Kiribati and Papua New Guinea. 

12.5 This Treaty shall enter into force for any State ratifying or acceding after the entry into force of this 
Treaty on the thirtieth day after the date on which its instrument of ratification or accession is received by the 
depositary. 

12.6 This Treaty shall cease to have effect at the expiry of one year following the receipt by the depositary of 
an instrument signifying withdrawal or denunciation by the United States, any of the Pacific Island States named 
in Article 12.4, or such number of Pacific Island States as would leave fewer than ten such States as parties. 

12.7 This Treaty shall cease to have effect for a party at the expiry of the sixth month following the receipt 
by the depositary of an instrument signifying withdrawal or denunciation by that party, except that where this Treaty 
would cease to have effect under the last preceding paragraph as the result of the receipt of the said instrument, it 
shall cease to have effect for that party in the manner provided in the last preceding paragraph. 

12.8 Any licence in force pursuant to this Treaty shall not cease to have effect as a result of this Treaty ceasing 
to have effect either generally or for any party, and Articles 1, 3, 4 and 5 shall be regarded as continuing in force 
between the United States and the Pacific Island State party in respect of such licence until such licence expires in 
accordance with its terms. 



1312 The Marine Mammal Commission Compendiuj 



12.9 No reservations may be made to this Treaty. 

12.10 Paragraph 9 of this Article does not preclude a State, when signing, ratifying or acceding to this Treaty, 
from making declarations or statements, provided that such declarations or statements do not purport to exclude or 
modify the legal effect of the provisions of this Treaty in their application to that State. 

DONE at Port Moresby on the second day of April, 1987 >;■..; 



ANNEXI 

PARTI 
INTRODUCTORY 

1. In this Annex: , >. 

(a) "applicable national law" means any provision of a law, however described, of a Pacific Island party 
which governs the fishing activities of foreign fishing vessels, being a law identified in Schedule 1, and 
which is not inconsistent with the requirements of this Treaty and shall be taken to exclude any provision 
which imposes a requirement which is also imposed by this Treaty; 

(b) "Closed Area" means an area of a Pacific Island party as described in Schedule 2; 

(c) "Limited Area" means an area described in Schedule 3; and 

(d) "the vessel" means the vessel in respect of which a licence is issued. 

2. Schedule 1 may be amended from time to time by the inclusion by any Pacific Island party of any 
applicable national law and, for the purposes of this Treaty, except as provided in this paragraph, the amendment 
shall take effect from the date that the amended Schedule has been notified to the Government of the United States. 
For the purposes of any obligation on the United States pursuant to paragraphs 4 and 5 of Article 4, the amendment 
shall take effect sixty (60) days from the date that the amended Schedule has been notified to the Government of the 
United States. The Government of the Pacific Island party shall use its best endeavours to provide advance notice to 
the Government of the United States of the amendment. 

3. Nothing in this Annex and its Schedules, nor acts or activities taking place thereunder, shall constitute 
recognition of the claims or the positions of any of the parties concerning the legal status and extent of waters and 
zones claimed by any party. In the claimed waters and zones, the freedoms of navigation and overflight and other 
uses of the sea related to such freedoms are to be exercised in accordance with international law. 

PART 2 
COMPLIANCE WITH APPLICABLE NATIONAL LAWS 

4. The operator of the vessel shall comply with each of the applicable national laws, and shall be responsible 
for the compliance by the vessel and its crew with each of the applicable national laws, and the vessel shall be operated 
in accordance with those laws. 



Multilateral / Fisheries 1313 



PART 3 
PROHIBITIONS 

5. The vessel shall not be used for directed fishing for Southern Bluefin Tuna, or for fishing for any kinds 
offish other than tunas, except that other kinds offish may be caught as an incidental by-catch. 

6. The vessel shall not be used for fishing by any method, except the purse seine method. 

7. The vessel shall not be used for fishing in any Closed Area. 

8. Except for circumstances involving force majeure and other emergencies involving the health or safety 
of crew members or the safety of the vessel, no aircraft may be used in association with the fishing activities of the 
vessel unless it is identified in item 6 or 7 of Schedule 1 of Annex I. 

9. The vessel shall not be used for fishing in any Limited Area except in accordance with the requirements 
set out in Schedule 3, which are applicable to that Limited Area. 



PART 4 
REPORTING 

10. Information relating to the position of and catch on board the vessel, as described in Part 1 of Schedule 4, 
shall be provided by telex to the Administrator at the following times: 

(a) before departure from port for the purpose of beginning a fishing trip in the Licensing Area; 

(b) each Wednesday while within the Licensing Area or a Closed Area; and 

(c) before entry into port for the purpose of unloading fish from any trip involving fishing in the Licensing 
Area. 

11. Information relating to the position of and catch on board the vessel, as described in Part 2 of Schedule 4, 
shall be provided to each Pacific Island party in the manner notified to the Government of the United States by that 
party as follows: 

(a) at the time of entry into and of departure from waters which are, for any purpose, subject to the 
jurisdiction of the Pacific Island party; 

(b) at least 24 hours prior to the estimated time of entry into any port of that party; and 

(c) as otherwise set out in Part 3 of Schedule 4. 

12. At the end of each day that the vessel is in the Licensing Area, an entry or entries for that day shall be 
completed on the catch report form as set out in Schedule 5, in accordance with the requirements of that form, and 
such forms shall be posted by registered airmail to the Administrator within fourteen (14) days following the date of 
the next entry into a port for the purpose of unloading its fish catch. 

13. Immediately following the unloading of any fish from the vessel, a report shall be completed in the form 
set out in Schedule 6 and shall be posted by registered airmail to the Administrator within fourteen ( 14) days following 
the date of the completion of that unloading operation, or, in the case of unloading by transshipment, wdthin fourteen 
(14) days following unloading of that transshipment at the processing site. * 



1314 The Marine Mammal Commission Compendium 

PARTS 
ENFORCEMENT 

14. The master and each member of the crew of the vessel shall immediately comply with every instruction 
and direction given by an authorised and identified officer of a Pacific Island party, including to stop, to move to a 
specified location, and to facilitate safe boarding and inspection of the vessel, gear, equipment, records, fish and fish 
products. Such boarding and inspection shall be conducted as much as possible in a manner so as not to interfere 
unduly with the lawful operation of the vessel. The operator and each member of the crew shall facilitate and assist 
in any action by an authorised officer of a Pacific Island party and shall not assault, obstruct, resist, delay, refiise 
boarding to, intimidate or interfere with an authorised officer in the performance of his or her duties. 

15. The international distress frequency, 2.182 MHz, and 156.8 MHz (Channel 16 VHF) shall be monitored 
continuously from the vessel for the purpose of facilitating communication with the surveillance and enforcement 
authorities of the parties. 

16. The international radio call sign of the vessel shall be painted in white on a black background, or in 
black on a white background, in the following manner: 

(a) amidships on both sides immediately below the gunwale, and on a horizontal plane on the superstruc- 
ture, in letters and figures 20 centimetres apart, with each letter and figure being at least one metre 
high and 50 centimetres wide and with each line at least 12.5 centimetres wide; 

(b) if a helicopter is being carried, on the body of the helicopter in a place cleanly visible from sea level, in 
letters and figures five centimetres apart, with each letter and figure being at least 25 centimetres high, 
10 centimetres wide and with each line being at least 2.5 centimetres wide; and 

(c) on any other equipment being carried by and intended to be separated from the vessel during normal 
fishing operations, in letters and figures clearly legible to the naked eye; 

and at all times while the vessel is within the Licensing Area or a Closed Area, all parts of these markings shall be 
clear, distinct and uncovered. 

17. The licence shall be carried on board the vessel and produced at the request of an authorised enforcement 
official of any of the parties. Prior to receipt of the licence, the correct citation of the licence number shall satisfy this 
requirement. 

PART 6 
OBSERVERS 

18. The operator and each member of the crew of the vessel shall allow and assist any person identified as 
an observer by the Pacific Island parties to: 

(a) board the vessel for scientific, compliance, monitoring and other functions at the point and time notified 
by the Pacific Island parties to the Government of the United States; 

(b) have full access to and the use of facilities and equipment on board the vessel which the observer may 
determine is necessary to carry out his or her duties; have full access to the bridge, fish on board and 
areas which may be used to hold, process, weigh and store fish; remove samples; have full access to the 
vessel's records, including its log and documentation for the purpose of inspection and copying; and 
gather any other information relating to fisheries in the Licensing Area; without interfering unduly with 
the lawful operation of the vessel; 

(c) disembark at the point and time notified by Pacific Island parties to the Government of the United 
States; and 



Multilateral / Fisheries 1315 



(d) carry out his or her duties safely; 

and no operator or crew member of the vessel shall assault, obstruct, resist, delay, refuse boarding to, intimidate or 
interfere with an observer in the performance of his or her duties. 

19. The operator shall provide the observer, while on board the vessel, at no expense to the Pacific Island 
parties, with food, accommodation and medical facilities of such reasonable standard as may be acceptable to the 
Pacific Island party whose representative is serving as the observer. 

20. Any operator of the vessel from which any fish taken in the Licensing Area is unloaded shall allow, or 
arrange for, and assist any person authorised for this purpose by the Pacific Island parties to have full access to any 
place where such fish is unloaded, to remove samples and to gather any other information relating to fisheries in the 
Licensing Area. 

21. An observer programme shall be conducted in accordance with this Treaty and provisions that may be 
agreed from time to time. 



PART 7 
MISCELLANEOUS REQUIREMENTS 

22. At all times while the vessel is in a Closed Area, the fishing gear of the vessel shall be stowed in such a 
manner as not to be readily available for fishing. In particular, the boom shall be lowered as far as possible so that 
the vessel cannot be used for fishing but so that the skiffis accessible for use in emergency situations; the helicopter, 
if any, shall be tied down; and launches shall be secured. 

23. The vessel shall be operated in such a way that the activities of traditional and locally based fishermen 
and fishing vessels are not disrupted or in any other way adversely affected. 

24. Any information required to be recorded, or to be notified, communicated or reported pursuant to a 
requirement of this Treaty shall be true, complete and correct. Any change in circumstances which has the effect of 
rendering any such information false, incomplete or misleading shsdl be notified to the Administrator immediately. 



SCHEDULE 1 
APPLICABLE NATIONAL LAWS 

The foUovring laws and any regulations or other instruments having the force of law which have been implemented 
pursuant to those laws, as amended at the time this Treaty enters into force, shall be considered as applicable national 
laws for the purposes of this Treaty. 

Australia 

Antarctic Marine Living Resources Conservation Act, 1981 

Continental Shelf (Living Natural Resources) Act, 1968 

Continental Shelf (Living Natural Resources) Regulations 

Fisheries Act, 1952 

Fisheries Regulations 

Torres Strait Fisheries Act, 1984 

Whale Protection Act, 1980 

Cook Islands 

Cook Islands Commercial Fishing Regulations, 1951 

Exclusive Economic Zone (Foreign Fishing Craft) Regulations, 1979 



1316 The Marine Mammal Commission Compendium 



Fisheries Protection Act, 1976 '. : . ro i. ; ;..) v .'.' 

Fishing Ordinance, 1950 

Tterritorial Sea and Exclusive Economic Zone Act, 1977 ■ .. ".^ ■ vj " 

Federated States of Micronesia 

Titles 18 and 24 of the Code of the Federated States of Micronesia, as amended by Public Law Nos. 2-28, 2-31, 3-9, 
3-10, 3-34, and 3-80 

Fiji ' ■ ■ . , : ..' ..:,;-■ ^' ■.■.::^- .' 

Fisheries Act, 1942 - :• 

Fisheries Ordinance (Cap 135) 

Fisheries Regulations (Cap 135) 

Marine Spaces Act, 1978 ( 

Marine Spaces (Foreign Fishing Vessels) Regulations, 1979 

Kiribati 

Fisheries Ordinance, 1979 

Fisheries (Amendment) Act, 1984 

Marine Zones (Declaration) Act, 1983 . ' • 

Marshall Islands -' •. < ■ ? , i': 

Marine Resources Jurisdiction Act, 1978 . 

Marine Zones (Declaration) Act, 1984 • , ' 

Nauru -.' • . ■ , ■ ,_ , 

Interpretation Act, 1971 

Interpretation Act, 1975 ' , ' 

Marine Resources Act, 1978 ., i . ' 

New Zealand 

Antarctic Marine Living Resources Act, 1981 

Continental Shelf Act, 1964 

Exclusive Economic Zone (Foreign Fishing Craft) Regulations, 1978 

Fisheries Act, 1983 ., 

Marine Mammals Protection Act, 1978 

Territorial Sea and Exclusive Economic Zone Act, 1977 _.. . 

Tikelau (Tsrritorial Sea and Exclusive Economic Zone Act), 1977 

Nine 

Iterritorial Sea and Exclusive Economic Zone Act, 1978 

Palau 

Palau National Code, Title 27 

Papua New Guinea 

Fisheries Act (Cap 214) 

Fisheries Regulations (Cap 214) 

Fisheries (Torres Strait Protected Zone) Act, 1984 

Tuna Resources Management (National Seas) Act (Cap 224) 

Whaling Act (Cap 225) 



Multilateral / Fisheries 1317 



Solomon Islands 

Delimitation of Marine Waters Act, 1978 

Fisheries Act, 1972 

Fisheries Limits Act, 1977 

Fisheries Regulations, 1972 

Fisheries (Foreign Fishing Vessels) Regulations, 1981 

Ibnga 

Fisheries Protection Act, 1973 
Fisheries Regulation Act, 1923 
Whaling Industry (Amendment) Act, 1979 

Tuvalu 

Fisheries Act (Cap 45) 

Foreign Fishing Vessel Regulations, 1982 

Fisheries (Foreign Fishing Vessel) (Amendment) Regulations, 1984 

Marine Zones (Declaration) Act, 1983 

Vanuatu 

Fisheries Act, 1982 
Fisheries Regulations, 1983 
Maritime Zones Act, 1981 

Western Samoa 

Exclusive Economic Zone Act, 1977 
Fisheries Protection Act, 1972 
Territorial Sea Act, 1971 



SCHEDULE 2 
CLOSED AREAS 

Australia. All waters within the seaward boundary of the Australian Fishing Zone (AFZ) west of a line connecting 
the point of intersection of the outer limit of the AFZ by the parallel of latitude 25°30' South with the point of 
intersection of the meridian of longitude 151° East by the outer limit of the AFZ and all waters south of the parallel 
oflatitude25°30' South. 

Cook Islands. Territorial Sea. 

Federated States of Micronesia. Three nautical mile territorial sea and nine nautical mile exclusive fishery zone 
and on all named banks and reefs as depicted on the following charts: 

DMAHTC NO 81019 (2nd. ed.. Mar. 1945; revised 7/17/72; corrected through NM 3/78 of June 21, 1978). 

DMAHTC NO 81023 (3rd. ed., Aug. 7, 1976). 

DMAHTC NO 81002 (4th. ed., Jan. 26, 1980; corrected through NM 4/80). 

Fiji. Internal waters, archipelagic waters and territorial seas of Fiji and Rotuma and its Dependencies. 

Kiribati. Within archipelagic waters as established in accordance with Marine Zones Declaration Act 1983; within 
12 nautical miles drawn from the baselines from which the territorial sea is measured; within 2 nautical miles of 
any anchored fish aggregating device for which notification of its location shall be given by geographical coordinates. 



1318 The Marine Mammal Commission Compendium 



Marshall Islands. 12 nautical mile territorial sea and area within two nautical miles of any anchored fish aggregat- 
ing device for which notification of its location shall be given by geographical coordinates. 

Nauru. The territorial waters as defined by Nauru Interpretation Act, 1971, Section 2. 

New Zealand. Territorial waters; waters within 6 nautical miles of outer boundary of territorial waters; all waters 
to west of New Zealand main islands and south of 39° South latitude; all waters to east of New Zealand main islands 
south of 40° South latitude; and in respect of Tbkelau: areas within 12 nautical miles of all island and reef baselines; 
twelve and one half nautical miles either side of a line joining Atafu and Nukunonu and Faka'ofo; and coordinates 
as follows: 

Atafu: 3°35'10"S, 172°29'30"W . - 

Nukunonu: 9°06'25"S, 171°52'10"W 
9°11'30"S, 171°47'00"W 
Faka'ofo: 9°22'30"S, 171°16'30"W 

Nine. Territorial sea and within 3 nautical miles of Beveridge Reef Antiope Reef and Haran Reef as depicted by 
appropriate symbols on NZ 225F (chart showing the territorial sea and exclusive economic zone of Niue pursuant to 
the Niue Territorial Sea and Exclusive Economic Zone Act of 1978). _■' ... 

Palau. Within 12 nautical miles of all island baselines in the Palau Islands; within a 50 nautical mile arc measured 
from the entrance to Malakal Harbour (7°16'44"N, 134°28'18"E) and extending from where the arc intersects the 
territorial sea limit to the northeast of Babelthuap Island to the 134° East meridian of longitude, southwest of Angaur 
Island then due north along the 134° East meridian of longitude to the intersection with the territorial sea limit. 

Papua New Guinea. In addition to its territorial sea and internal waters, within the area bounded by the following 
parallels and meridians - from latitude 0°30' South to latitude 3°30' South, and from longitude 149° East to 
longitude 153° East. 

Solomon Islands. All waters within the fishery limits of the Solomon Islands (including internal waters, territorial 
sea and archipelagic waters) except that part of the fishery limits east and north of the following lines: commencing 
at a point 161° East, 4°20' South, then extending due south along 161° to a point 6°30' South, then by a line extending 
due east to a point 165° East, then by a line due south to a point 8° South, then by a line due east to a point 169°55' 
East. 

Tanga. All waters with depths of not more than 1,000 metres, within the area bounded by the fifteenth and twenty 
third and one half degrees of south latitudes and the one hundred and seventy third and the one hundred and seventy 
seventh degrees of west longitudes; also within a radius of twelve nautical miles from the islands of Teleki Tanga and 
Teleki Tbkelau. 

Tuvalu. Territorial sea and waters within two nautical miles of all named banks, i.e. Macaw, Kosciusko, Rose, 
Bayonnaise and Hera, in Tuvalu EEZ, as depicted on the chart entitled "Tuvalu Fishery Limits" prepeu-ed by the 
United Kingdom Hydrographic Department, Taunton, January 11, 1981. 

Vanuatu. Archipelagic waters and the territorial sea, and internal waters. 

Western Samoa. Territorial sea; reefs, banks and areas bounded/enclosed by the following parallels and meridians 
to the extent such areas are within Western Saumoa fisheries jurisdiction: 

1. From latitude 12° 58' South to latitude 13° 11.5' South and longitude 174° 5.5' West to longitude 174° 
26' West. 

2. From latitude 12° 12' South to latitude 12° 38.5' South and longitude 173° 47' West to longitude 174° 
25' West. 

3. From latitude 13° 7' South to latitude 13° 19' South and longitude 172° 59' West to longitude 173° 38.5' 
West. 



Multilateral / Fisheries 1319 



4. From latitude 14° 51' South to latitude 15° 3.4' South and longitude 172° 10.7' West to longitude 172° 
19.1' West. 

5. From latitude 14° 20.5' South to latitude 14° 28' South and longitude 171° 8' West to longitude 171° 17' 
West. 

and within 2 nautical miles of any anchored fish aggregating device within the EEZ for which notification of its 
location shall be given by geographical coordinates. 



Only the Closed Areas, as described above, of Pacific Island States which are parties to this Treaty shall be applicable 
under the terms of this Treaty. 



SCHEDULE 3 
LIMITED AREAS 

Solomon Islands 

1. The Solomon Islands Limited Area is all of the Licensing Area wdthin the fishery limits of Solomon 
Islands as described in the Fishery Limits Act 1977 of Solomon Islands. 

2. "Fishing day" means any day or part of a day of the week in which a vessel is used for fishing in the 
Solomon Islands Limited Area. 

3. There shall be no fishing in the Solomon Islands Limited Area after the expiry of the five hundredth 
fishing day fi-om the earliest date on which any Licensing Period taxes effect in any given year. 

SCHEDULE 4 

REPORTING DETAILS 

PART 1 

LICENSING AREA REPORTS TO THE ADMINISTRATOR 

(a) Port departure and entry into port for unloading 

(1) report type (LBEG for port departure to begin fishing and LFIN for port entry for unloading) 

(2) date 

(3) call sign 

(4) port name 

(5) catch on board by species (in short tons) 

as: LBEG (or LFIN) / ddmmyy / CALL SIGN / PORT / SJ xxx YF yyy OTH zzz 



1320 The Marine Mammal Commission Compendius 

(b) Weekly reports •''■■.■'■■:':''- '>■ ■ ;.., • :.;\'. '.::;,■/.,' .:,, : ., : 

(1) report type (WEEK) 

(2) date - ;.' 

(3) call sign .,..■.•••:,. |-.> '• 

(4) position (to one minute of arc) 

(5) catch on board by species 

... as: WEEK /ddmmyy/ CALL SIGN /LA 1111 /LO 11111 /SJ XXX YFyyyOTHzzz 

PART 2 
REPORTS TO NATIONAL AUTHORITIES 

(a) Zone entry and exit 

(1) report type (ZENT for entry and ZEXT for exit) 

(2) date ■ ., - 

(3) call sign '. ;,, 

(4) position (to one minute of arc) 

(5) catch on board by species 

as: ZENT (or ZEXT) / ddmmyy / CALL SIGN / TIME / LA 1111 / LO 11111 / SJ xxx YF yyy OTH zzz 

(b) Port entry reports 

(1) report type (PENT) 

(2) date 

(3) call sign 

(4) estimated time of entry into port (GMT) 

(5) port name 

as: PENT / ddmmyy / CALL SIGN / TIME / PORT NAME 

PARTS 
OTHER NATIONAL REPORTING REQUIREMENTS 

1. Australia 

(a) Report of position each two days while within the Australian Fishing Zone; 

(b) 24 hours notice of intention to enter the Australian Fishing Zone; and 



Multilateral / Fisheries 1321 

(c) Report of catch by species every six days while within the Australian Fishing Zone. 

2. Fiji 

(a) While in Fiji fisheries waters, daily position reporting of the name, call sign, and country of registration 
of the craft, and its position at that specified time; and 

(b) While in Fiji fisheries waters, weekly report of catch by species. 

3. Kiribati 

While in the Kiribati exclusive economic zone, report on entry into or exit from Closed Areas. 

4. New Zealand 

(a) While in the New Zealand exclusive economic zone, notification of daily noon positions, to be received 
no later than noon on the following day; 

(b) Notice of catch on board the vessel at the time of entry into the New Zealand exclusive economic zone; 

(c) A weekly report of catch taken in the New Zealand exclusive economic zone to cover the period 0001 hours 
on a Monday to 2400 hours on the following Sunday and to be received by noon on the following Tuesday; 
and 

(d) 24 hours notice of intention to enter the New Zealand exclusive economic zone. 

5. Solomon Islands 
Report on: 

(a) Expected vessel position, date and time of entry at least 24 hours before entry into the Solomon Islands 
Fishery Limits; 

(b) Entry to or exit from Solomon Islands Limited Area together with the catch on board by weight and 
volume; and 

(c) A weekly report of catch taken and fishing days in the Solomon Islands exclusive economic zone to cover 
the period 0001 hours on a Monday to 2400 hours on the following Sunday and to be received by noon 
on the following Tuesday. 

6. Tbnga 

While in the Tonga exclusive economic zone, daily position report by radio or telex. 

7. Tuvalu 

(a) Report not less than 24 hours before entry into the Tuvalu fishery limits on: 
(i) the name, call sign and country of registration of the vessel; 
(ii) the licence number; 
(iii) position on entry; and 
(iv) catch by species. 



1322 



The Marine Mammal Commission Compendium 










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Multilateral / Fisheries 



1323 



VESSEL NAME. 
(1) PORT 



SCHEDULE 6 
PURSE SEINE UNLOADING LOGSHEET 

RADIO CALL SIGN OR 
REGIONAL REGISTER NO. 



OR, IF AT SEA, POSITION: LAT 

(2) DATES 

(a) AT UNLOADING POINT 
ARRIVAL 



(b) AT UNLOADING 

COMMENCEMENT _ 



(3) PARTIAL OR COMPLETE UNLOADING . 

(4) UNLOADING TO 

(5) 



(a) CARRIER VESSEL NAME . 



LONG. 



DEPARTURE 



COMPLETION . 



and RADIO CALL SIGN OR REGIONAL REGISTER NO. 



(b) NAME AND ADDRESS OF COMPANY ACCEPTING FISH . 



(6) DESTINATION OF FISH . 



(7) QUANTITY UNLOADED 

YELLOWFIN SKIPJACK BIGEYE 



ACCEPTED 
REJECTED 



MARLIN OTHER UNIT OF 

MEASUREMENT 



SIGNATURES 



VESSEL MASTER 



RECEIVING AGENT 



1324 The Marine Mammal Commission Compendium 



ANNEXII 

1. For the purposes of this Annex: 

(a) "Licensing Period" means the period of validity of hcences issued in accordance with this Treaty. 

2. The Government of the United States shall make application for a licence in respect of any fishing vessel 
of the United States intended by the operator to be used for purse seine fishing in the Licensing Area at any time in 
the Licensing Period by providing to the Administrator a complete application form as set out in Schedule 1. 

3. Licences issued pursuant to this Treaty shall not take effect until the Administrator has received 
payment, free of any charges whatsoever, of the amounts set out in Part 1 of Schedule 2 for that Licensing Period in 
the manner described in that Schedule. Other financial commitments shall be provided during the Licensing Period 
pursuant to Part 2 of Schedule 2. 

4. Subject to paragraph 5, a licence may be denied: . . - "' 

(a) where the application is not in accordance with the requirements of paragraph 2; 

(b) where the owner or charterer is the subject of proceedings under the bankruptcy laws of the United 
States, unless reasonable financial assurances have been provided to the Administrator; 

(c) where the vessel in respect of which application for a licence has been made does not have good standing 
on the Regional Register of Foreign Fishing Vessels, maintained by the South Pacific Forum Fisheries 
Agency, provided that: 

(1) good standing is withdrawn only as a result of: 

(A) the commission of a serious offence against fisheries laws or regulations of a Pacific Island 

. . _ State and the operator has not fully complied with any civil or criminal judgment rendered 

with respect to such an offence; 

(B) evidence existing that gives reasonable cause to believe that the operator has committed a 
serious offence against the fisheries laws or regulations of any Pacific Island State and that 
it has not been possible to bring the vessel operator to trial; or 

(C) the vessel operator has failed to comply with information requirements for registration as 
notified by the Administrator to the Government of the United States; 

., (ii) the Pacific Island party requesting withdrawal ofgood standing has first consulted the Government 

of the United States and has made all reasonable efforts to resolve the dispute in question before 
utilizing the procedures for withdrawal of good standing; 

"■ .. (iii) in the event of a request for withdrawal of good standing from the Regional Register of Foreign 
Fishing Vessels of a vessel licensed pursuant to this Treaty, the Pacific Island parties agree to take 
into consideration that vessel's compUance with the terms of this Treaty in determining whether to 
approve such a request; and 

(iv) following a withdrawal ofgood standing the Pacific Island party involved promptly advises the 
Government of the United States in writing of the reason for the withdrawal and the requirements 
which must be fulfilled to reinstate good standing; 

(d) where there has been a failure to satisfy a final judgment or other final determination for a breach of 
this Treaty by the owner, charterer or master of the vessel in respect of which application for a licence 
has been made, until such time as the final judgment or other final determination is satisfied, and 
subsequent change in ownership of a vessel shall not affect the application of this provision; or 

(e) where an operator has committed, or the vessel has been used for: 



Multilateral / Fisheries 1325 



(i) a violation of this Treaty, providing that the Pacific Island parties, following consultation with the 
Government of the United States, determine that the violation is of a serious nature; or 

(ii) any violation of this Treaty on more than one occasion, providing that the Pacific Island parties, 
following consultation with the Government of the United States, determine that such multiple 
violations constitute a serious disregard of this Treaty. 

5. A maximum number of licences may be issued for any Licensing Period as set out in Schedule 2, and, 
upon request by the Government of the United States, the Pacific Island parties may agree to vary such number. 

6. On receipt of an application for a licence in accordance with this Annex, the Administrator shall take 
the necessary steps to ensure that: 

(a) a licence in the form set out in Schedule 3 in respect of the vessel identified in the application; or 

(b) a statement setting out the reasons that a licence in respect of the vessel identified in the application 
is denied together with a refund of the amount or amounts provided with the apphcation; 

is promptly provided to the Government of the United States. 



1326 The Marine Mammal Commission Compendium 



SCHEDULE 1 

TREATY ON FISHERIES BETWEEN THE 

GOVERNMENTS OF CERTAIN PACIFIC ISLAND STATES 

AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA 

APPLICATION FORM 

Application is hereby made for a licence authorising the use of the vessel named in this application for fishing in the 
Licensing Area. 

1. FULL NAME OF VESSEL: 



2. RADIO CALL SIGN OF VESSEL: 



3. REGIONAL REGISTER NUMBER OF VESSEL: 



4. FULL NAME AND ADDRESS OF EACH PERSON WHO IS AN OPERATOR OF THE VESSEL, AND 
STATE WHETHER OWNER, CHARTERER, MASTER OR OTHER. IF OTHER, SPECIFY DETAILS: . 



5. FULL NAME AND ADDRESS OF INSURER FOR PURPOSES OF ARTICLE 4.3(a) OF THE TREATY: . 



6. REGISTRATION NUMBER AND MAKE OF HELICOPTER, IF ANY, TO BE CARRIED ON VESSEL: 



7. REGISTRATION NUMBER AND MAKE OF ANY AIRCRAFT TO BE USED IN ASSOCIATION WITH 
FISHING ACTIVITIES AND NAME AND ADDRESS OF OPERATOR: 



8. STATE WHETHER OWNER OR CHARTERER IS THE SUBJECT OF PROCEEDINGS UNDER THE 
BANKRUPTCY LAWS OF THE UNITED STATES: 



9. STATE WHETHER OPERATOR OR VESSEL HAS BEEN INVOLVED IN A VIOLATION OF THIS 
TREATY. IF YES, SPECIFY DETAILS: 



Date of application Director of the Southwest Region 

National Marine Fisheries Service 
National Oceanic and Atmospheric Administration 



Multilateral / Fisheries 1327 

SCHEDULE 2 
PAYMENTS 

The following amounts are payable annually for a period of five (5) years pursuant to paragraph 3 of Annex II. 

PARTI 

1. The amounts payable as set forth in this paragraph. 

(a) Annual industry payments shall be made as follows: 

(i) for the first annual Licensing Period, a lump sum of US$1.75 million for 35 vessels, with the 
next five licences to be made available for the same pro-rata payment as the first 35 licences, 
and an additional 10 licences to be made available at US$60,000 per vessel; 

(ii) for subsequent annual Licencing Periods, 40 vessel licences calculated on the same basis as 
the first 40 vessel licences in sub-paragraph (i) and indexed to the price of fish as set forth 
below, with 10 additional licences to be made available at US$60,000 per vessel and indexed 
to the price of fish as set forth below. 

(b) The indexation shall be applied as follows: 

(i) DEFINITIONS 

A. Base Vessel Payment: The Base Vessel Payment is US$50,000 for the first 40 vessels to be 
licensed and US$60,000 for vessels to be licensed in excess of 40 vessels. 

B. Adjusted Individual Vessel Payment: The Acijusted Individual Vessel Payment is the individ- 
ual vessel payment of each annual Licensing Period after the first annual Licensing Period. 
The Adjusted Individual Vessel Payment will always apply to the Licensing Period immedi- 
ately following its calculation. 

C. Landed Price: The Landed Price is the published standard price per ton (American Tuna Sales 
Association) for fish delivered to American Samoa prevailing at the time a United States purse 
seine vessel arrives in port for the purpose of offloading its catch. 

D. Average Landed Price: The Average Landed Price is calculated by averaging the established 
landed price categories for yellowfin and skipjack tuna in American Samoa. The landed price 
categories to be used are: over 7.5 pounds, 4 to 7.5 pounds and 3 to 4 pounds for skipjack; over 
20 pounds, 7.5 to 20 pounds and 4 to 7.5 pounds for yellowfin. 

E. Base Price: The Base Price is the Average Landed Price for the three months prior to the Treaty 
entering into force. 

F. Estimated Landed Value: The Estimated Landed Value is the Average Landed Price in effect 
at the time of a vessel's landing weighted by the yellowfin/skipjack mix ratio to be calculated 
from information on Schedule 6 for that vessel. 

G. Average Estimated Landed Value: The Average Estimated Landed Value is the Estimated 
Landed Value for all landings by United States purse seine vessels in American Samoa in the 
four quarters preceding the final quarter of the applicable Licensing Period divided by the 
total number of those landings for the same period. 



1328 The Marine Mammal Commission Compendium 



(ii) CALCULATION AND APPLICATION OF INDEXING FACTOR 

A. To obtain the indexing factor by which the Adjusted Individual Vessel Payment shall be 
calculated, divide the Average Estimated Landed Value for the preceding four quarters by the 
Base Price. 

B. lb obtain the Adjusted Individual Vessel Payment, multiply the Base Vessel Payment by the 
indexing factor obtedned in Paragraph (ii) A. 

C. In no case shall the Adjusted Individual Vessel Payment be less than the Base Vessel Payment. 

(iii) NOTIFICATIONS 

The established prices and any changes shall be supplied to the Administrator by the 

Government of the United States within ten (10) days of their publication. The Administrator 

shall notify the Government of the United States sixty (60) days before the start of each 

. /, . ; ,; . Licensing Period of the Adjusted Individual Vessel Payment along with the computation used 

to arrive at the Adjusted Individual Vessel Payment. The Adjusted Individual Vessel PajTnent 

shall become final thirty (30) days after receipt by the Government of the United States, unless 

„ . the Government of the United States advises the Administrator otherwise, in which case 

■ . consultations shall be held. 

' ■ (iv) CONSULTATIONS 

If the established price categories are revised, or if there is a change in the tuna industry 
structure which makes the price calculations as set forth above inappropriate, the Adminis- 
trator may consult with representatives of the Government of the United States as necessary 
to revise the formula. 

(c) There shall be no pro-ration of the Base Vessel Payment or the Adjusted Individual Vessel Payment. 
There shall be no refunds of the Base Vessel Payment or the Adjusted Individual Vessel Pa3Tnent 
., : following licence issuance pursuant to Annex II. 

2. Sums payable pursuant to the related Agreement between the South Pacific Forum Fisheries Agency 

and the Government of the United States. 



■.-■. .. PART2 

3. Technical assistance, including provision of assistance by technicians, by the United States tuna 

industry valued at US$250,000 annually in response to requests co-ordinated through the Administrator. 



Multilateral / Fisheries 1329 



SCHEDULE 3 

TREATY ON FISHERIES BETWEEN THE GOVERNMENTS 

OF CERTAIN PACIFIC ISLAND STATES AND THE 

GOVERNMENT OF THE UNITED STATES OF AMERICA 

LICENCE FORM 

The vessel described in this licence is hereby authorised to engage in fishing in the Licensing Area for the period 
described in this Ucence, in accordance with the terms and conditions referred to in Annex I. 

FULL NAME OF VESSEL: 



RADIO CALL SIGN OF VESSEL: 



REGIONAL REGISTER NUMBER OF VESSEL: 



HELICOPTER OR OTHER AIRCRAFT WHICH MAY BE USED IN ASSOCL^TION WITH THE FISHING 
ACTIVITIES OF THE VESSEL: 



PERIOD OF VALIDITY: 

The period of validity of this license shall be no longer than one year: 

FROM , 19 _ 

TO , 19_ 



FOR AND ON BEHALF OF THE PACIFIC 
ISLAND PARTIES 



DATE OF ISSUE: 



LICENCE NUMBER: 



WARNING: IT IS AN OFFENCE AGAINST THE LAWS OF MANY NATIONS, INCLUDING THE UNITED 
STATES OF AMERICA, TO VIOLATE THE REQUIREMENTS OF ANNEX I. PENALTIES MAY 
INCLUDE SUBSTANTIAL FINES AND VESSEL FORFEITURE. 



1330 The Marine Mammal Commission Compendium 



AGREED STATEMENT ON OBSERVER PROGRAMME 

Representatives of the Governments of the Pacific Island States and the Government of the United States of America 
have agreed on provisions relating to observers in Annex I Part 6 of the Treaty on Fisheries between the Governments 
of Certain Pacific Island States and the Government of the United States of America. 

The Representatives recognise that the provision for an observer programme is necessary to implement and achieve 
the objectives of the Treaty. 

The Representatives also acknowledge the desirability of providing appropriate administrative measures pursuant 
to Annex I, Part 6 of the Treaty. 

Therefore, the representatives agree as follows: 

(a) observer operations would be based on the placement observers at ports of trip origin for complete trips unless 
otherwise agreed at the outset of the trip; 

(b) the United States Government would be notified of observer placements by an Observer Coordinator nominated 
by the Pacific Island parties; 

(c) The Pacific Island parties would use their best endeavors to ensure that a reasonable period of notice was 
given, which should, wherever practicable, be at least fourteen (14) days; 

(d) the United States Government would use its best endeavours to ensure that the Observer Coordinator is kept 
informed of the expected pattern of port departures and of the planned fishing activities of departing vessels; 

(e) the United States Government would facilitate the placing of observers including the provision of visas; 

(f) the United States Government would notify the Observer Coordinator of any difficulties involving the discharge 
of the duties of observers; and 

(g) that it is anticipated observers wiU use the same range of equipment used by United States observers; and 
there will be a training program in the use of equipment, but crew will also be expected to assist observers in 
the use of equipment. 

DONE at Port Moresby on the second day of April 1987 



Amendments to the Treaty on Fisheries 
Between the Governments of Certain 

Pacific Island States and the 

Government of the United States of 

America, Waigani, 1992 



Done at Waigani 14 May 1992 

Not in force 

Primary source citation: Copy of text provided by the 
U.S. Department of State 



OFFICE OF THE SECRETARY 

DEPARTMENT OF FOREIGN AFFAIRS 

POST OFFICE WARDS STRIP 

WAIGANI 

PAPUA NEW GUINEA 



12th October 1992 

Ambassador David Colsen 

Deputy Assistant Secretary for Ocean Affairs 

Bureau of Oceans and International Environmental Affairs 

Department of State 

Washington DC 20520 

USA 

Ref: 270-24-3 ' 

Dear Ambassador Colsen 

RE: TREATY ON FISHERIES BETWEEN THE GOVERNMENTS OF CERTAIN PACIFIC ISLAND STATES 
AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA ARTICLE 9. 

It is hereby proposed that the following Annexes and Schedules to the Treaty on Fisheries Between the Governments 
of Certain Pacific Island States and the Government of the United States of America be deleted and replaced with 
the draft Annexes and Schedules accompanying this note. 

The Annexes and Schedules to be amended in the manner aforesaid are - 

Annex I 

Schedule 1 
Schedule 2 



1331 



1332 The Marine Mammal Commission Compendium 



Schedule 4 
Schedule 5 
Schedule 6 ,... 

Annex II 

Schedule 2 

As you know, the procedure requires each party to notify the depositary of its acceptance of the proposed amendments. 
As depositary, I would appreciate receiving your response to this communication at your earliest convenience. 

Yours sincerely, . . 

GABRIEL DUSAVA 
Secretary for Foreign Affairs 



ANNEX I 

PARTI 
INTRODUCTORY 

1. In this Annex: ■ , 

(a) "applicable national lav/" means any provision of a law, however described, of a Pacific Island party 
which governs the fishing activities of foreign fishing vessels, being a law identified in Schedule 1, and 
which is not inconsistent with the requirements of this Treaty and shall be taken to exclude any provision 
which imposes a requirement which is also imposed by this Treaty; 

(b) "Closed Area" means an area of a Pacific Island party as described in Schedule 2; 

(c) "fishing trip" means any period commencing with the departure of the vessel from port for the purpose 
of beginning a fishing trip to such time as any or all of the fish on board the vessel are unloaded from 
the vessel, either ashore or onto another vessel except for the transfer of catch by a licensed group seiner 
to its licensed carrier vessel; 

(d) "Limited Area" means an area described in Schedule 3; 

(e) "the vessel" means the vessel in respect of which a licence is issued; and 

(f) "transhipment" means the unloading of any or all of the fish on board a licensed vessel either ashore or 
onto another vessel. 

2. Schedule 1 may be amended from time to time by the inclusion by any Pacific Island party of any applicable 
national law and, for the purposes of this Treaty, except as provided in this paragraph, the amendment shall take 
effect from the date that the amended Schedule has been notified to the Government of the United States. For the 
purposes of any obligation on the United States pursuant to paragraphs 4 and 5 of Article 4, the amendment shall 
take effect 60 days from the date that the amended Schedule has been notified to the Government of the United 
States. The Government of the Pacific Island party shall use its best endeavours to provide advance notice to the 
Gtovernment of the United States of the tunendment. 

3. Nothing in this Annex and its Schedules, nor acts or activities taking place thereunder, shall constitute 
recognition of the claims or the positions of any of the pjirties concerning the legal status and extent of waters and 
zones claimed by any party. In the claimed waters and zones, the freedoms of navigation and overflight and other 
uses of the sea related to such freedoms are to be exercised in accordance with international law. 



Multilateral / Fisheries 1333 



PART 2 
COMPLIANCE WITH APPUCABLE NATIONAL LAWS 

4. The operator of the vessel shall comply with each of the applicable national laws, and shall be responsible for 
the compliance by the vessel and its crew with each of the applicable national laws, and the vessel shall be operated 
in accordance with those laws. 

PART 3 
PROHIBITIONS 

5. The vessel shall not be used for directed fishing for Southern Bluefin Tuna, or for fishing for any kinds of fish 
other than tunas, except that other kinds of fish may be caught as an incidental by-catch. 

6. The vessel shall not be used for fishing by any method, except the purse-seine method. 

7. The vessel shall not be used for fishing in any Closed Area. 

8. Except for circumstances involving force majeure and other emergencies involving the health or safety of crew 
members or the safety of the vessel, no aircraft may be used in association with the fishing activities of the vessel 
unless it is identified in item 6 or 7 of Schedule 1 of Annex II. 

9. The vessel shall not be used for fishing in any Limited Area except in accordance with the requirements set 
out in Schedule 3, which are applicable to that Limited Area. 

10. No fish on board the vessel shall be unloaded from the vessel at sea, except in a designated area in accordance 
with such terms and conditions as may be agreed between the Pacific Island Party in whose zone the transhipment 
is to take place. Provided that, notwithstanding any such additional terms and conditions, transhipment shall only 
take place in accordance with the conditions set out in Schedule 4 hereof and catch shall only be transhipped to a 
carrier vessel duly licensed in accordance with national laws. 

PART 4 
TRANSHIPMENT 

11. The operator of a vessel shall: 

(a) provide 48 hours notice to the Administrator and the Pacific Island Party of an intent to tranship any 
or all of the fish on board and shall provide the name of the vessel, its international radio call sign, its 
position, the catch on board by species, and the time and place where such transhipment is requested 
to occur; 

(b) only tranship at the time and place authorised for transhipment by the Pacific Island parties; 

(c) submit full reports on the transhipment in the form set out in Schedule 6. 

12. The master and each member of the crew of the vessel from which any fish taken in the Licensing Area is 
transhipped shall: 

(a) allow and assist any person identified as an officer of the Pacific Island party to have full access to the 
vessel and any place where such fish is being transhipped and the use of facilities and equipment which 
the officer may determine is necessary to carry out his or her duties; have full access to the bridge, fish 
on board and areas which may be used to hold, process, weigh and store fish; remove samples; have full 
access to the vessel's records including its log and documentation for the purpose of inspection and 
photocopying; and gather any other information required to fully monitor the activity without interfering 
unduly with the lawful operation of the vessel; and 



1334 The Marine Mammal Commission Compendium 



(b) not assault, obstruct, resist, delay, refuse boarding to, intimidate or interfere with any such officer in 
the performance of his or her duties. 

PART5 

■■•"---"■' ..^:--'-; REPORTING '■■■-■•■•■' 

13. Information relating to the position of and catch on board the vessel, as described in Part 1 of Schedule 4, shall 
be provided by telex to the Administrator at the following times: 

(a) before departure from port for the purpose of beginning a fishing trip in the Licensing Area; 

(b) each Wednesday while within the Licensing Area or a Closed Area; and 

(c) before entry into port for the purpose of unloading fish from any trip involving fishing in the Licensing 
Area. 

14. Information relating to the position of and catch on board the vessel, as described in Part 2 of Schedule 4, shall 
be provided to each Pacific Island party in the manner notified to the Government of the United Sates by that party 
as follows: 

(a) at the time of entry into and of departure fi-om waters which are, for any purpose, subject to the 
jurisdiction of the Pacific Island party; 

(b) each Wednesday while within the waters of that party; • • . ■ , .- i\ 

(c) at least 24 hours prior to the estimated time of entry into any port of that party; and 

(d) as otherwise set out in Part 3 of Schedule 4. 

15. At the end of each day that the vessel is in the Licensing Area, an entry or entries for that day shall be completed 
in ink in the English language on the catch report form as set out in Schedule 5, in accordance with the requirements 
of that form, and such forms shall be posted by registered airmail to the Administrator within fourteen (14) days 
following the date of the next entry into a port for the purpose of unloading its fish catch. 

16. Immediately following the unloading of any fish from the vessel, a report shall be completed in the form set 
out in Schedule 6 and shall be posted by registered airmail to the Administrator within fourteen (14) days following 
the date of the completion of that unloading operation, or, in the case of unloading by transhipment, within 
fourteen (14) days following unloading of that transhipment at the processing site. 

PART 6 
ENFORCEMENT 

17. The master and each member of the crew of the vessel shall immediately comply with every instruction and 
direction given by an authorized and identified officer of a Pacific Island party, including to stop, to move to a specified 
location, and to facilitate safe boarding and inspection of the vessel, its licence, gear, equipment, records, facilities, 
fish and fish products. Such boarding and inspection shall be conducted as much as possible in a manner so as not 
to interfere unduly with the lawful operation of the vessel. The operator and each member of the crew shall facilitate 
and assist in any action by an authorized officer of a Pacific Island party and shall not assault, obstruct, resist, delay, 
refuse boarding to, intimidate or interfere with an authorized officer in the performance of his or her duties. 

18. The operator shall ensure that a recent and up-to-date copy of the International Code of Signals (INTERCO) 
is on board and accessible at all times. 

19. The international distress frequency, 2.182 MHz, and 156.8 MHz (Channel 16, VHF) shall be monitored 
continuously from the vessel for the purpose of facilitating communication with the fisheries management, surveil- 
lance and enforcement authorities of the parties. 



Multilateral / Fisheries 1335 



20. The operator shall comply with the 1989 FAO standard specifications for the marking and identification of 
fishing vessels. In particular the international radio call sign of the vessel shall be painted in white on a black 
background, or in black on a white background in the following manner: 

(a) on the vessel's hull or superstructure, with each letter and number being at least one metre high and 
having a stroke width of 16.7 centimetres, with the background extending to provide a border around 
the mark of not less than 16.7 centimetres; 

(b) on the vessel's deck, on the body of any helicopter and on the hull of any skiff, with each letter and 
number being at least 30 centimetres high, and having a stroke width of 5 centimetres wide with the 
background extending to provide a border around the mark of not less than 5 centimetres; and 

(c) on any other equipment being carried by and intended to be separated from the vessel during normal 
fishing operations, with each letter and number being at least 10 centimetres high and having a stroke 
width of 1.7 centimetres, with the background extending to provide a border around the mark of not 
less than 1.7 centimetres; 

and at all times while the vessel is within the Licensing Area or a Closed Area, all parts of these markings shall be 
clear, distinct and uncovered. 

21. The licence or a duly certified copy, facsimile or telex confirmation thereof shall be carried on board the vessel 
at all times and produced at the request of an authorized enforcement official of any of the parties. Prior to receipt 
of the licence, the correct citation of the licence number shall satisfy this requirement. 

PART 7 
OBSERVERS 

22. The operator and each member of the crew of the vessel shall allow and assist any person identified as an 
observer by the Pacific Island parties to: 

(a) board the vessel for scientific, compliance, monitoring and other functions at the point and time notified 
by the Pacific Island parties to the Government of the United States; 

(b) have full access to and the use of facilities and equipment on board the vessel which the observer may 
determine is necessary to carry out his or her duties; including full access to the bridge, fish on board 
and areas which may be used to hold, process, weigh and store fish; remove samples; have full access 
to the vessel's records, including its logs and documentation for the purpose of inspection and cop)dng; 
reasonable access to navigation equipment, charts, and radios; and gather any other information 
relating to fisheries in the Licensing Area; without interfering unduly with the lawful operation of the 
vessel; 

(c) disembark at the point and time notified by the Pacific Island parties to the Government of the United 
States; and 

(d) carry out all duties safely, ■ 

and no operator or crew member of the vessel shall assault, obstruct, resist, delay, refuse boarding to, intimidate or 
interfere with an observer in the performance of his or her duties. 

23. The operator shall provide the observer, while on board the vessel, at no expense to the Pacific Island parties, 
vsdth food, accommodation and medical facilities of such reasonable standard as may be acceptable to the Pacific 
Island party whose representative is serving as the observer. 

24. (a) The operators of United States vessels licensed to fish pursuant to the agreement shall be responsible 
for the costs of observers on United States vessels including the full travel costs from the place notified by the Pacific 
Island Parties to and from the vessel, salary and allowances, and full insurance coverage, and the cost of training 
those observers. 



1336 The Marine Mammal Commission Compendium 



(b) The fees for the costs of the observers shall be provided in a lump sum on an annual basis to the 
Administrator. In the first licensing period of the extended Treaty, the lump sum shall be based on the following 
formula: 

The number of licensed U.S. vessels multiplied by the average annual number of trips per vessel for the latest 
licensing period for which information is available multiplied by 20 percent multiplied by the cost per trip 
(US$4,000) equals lump sura payment. In addition in the first two yeeirs, an additional payment of US$15,000 
per year for training shall be made to the Administrator. 

(c) For subsequent licensing periods, the Parties may, as mutually determined at the annual meeting 
provided for in Article 7 of the Treaty adjust the amount of the fees to be paid under sub-paragraph (b), it being 
understood that: 

the goal of the observer programme is to provide an effective observer programme for compliance by 
targeting 20 percent coverage, which may be reviewed from time to time; 

any unused sums are carried forward to the next licensing period, with the annual fee to be reduced 
accordingly; 

the factor of inflation shall be taken into account; 

the costs of training may be reviewed. ' , . . ;i :, 

25. Any operator of the vessel from which any fish taken in the Licensing Area is unloaded shall allow, or arrange 
for, and assist any person authorized for this purpose by the Pacific Island parties to have full access to any place 
where such fish is unloaded, to remove samples and to gather any other information relating to fisheries in the 
Licensing Area. 

26. An observer programme shall be conducted in accordance with this Treaty and provisions that may be agreed 
from time to time. 

PARTS 
MISCELLANEOUS REQUIREMENTS 

27. At all times while the vessel is in a Closed Area, the fishing gear of the vessel shall be stowed in such a manner 
as not to be readily available for fishing. In particular, the boom shall be lowered as far as possible so that the vessel 
cannot be used for fishing but so that the skiff is accessible for use in emergency situations; the helicopter, if any, 
shall be tied down; and launches shall be secured. 

28. The vessel shall be operated in such a way that the activities of traditional and locally based fishermen and 
fishing vessels are not disrupted or in any other way adversely affected. 

29. Any information required to be recorded, or to be notified, communicated or reported pursuant to a requirement 
of this Treaty shall be true, complete and correct. Any change in circumstances which has the effect of rendering any 
such information false, incomplete or misleading shall be notified to the Administrator immediately. 

30. It is understood that a region-wide vessel tracking system applicable to all vessels licensed to fish in the Treaty 
Area may be established. U.S. vessels with a licence to fish under the Treaty shall participate in such a system and 
shall install and operate a transponder of a type and in such a manner as may be agreed by the Parties. It is understood 
that data derived through the system shall be treated as confidential business information and that the terms and 
conditions for access to that information shall be a matter of discussions between the Parties. 



Multilateral / Fisheries 1337 



SCHEDULE 1 
APPLICABLE NATIONAL LAWS 

The following laws and any regulations or other instruments having the force of law which have been implemented 
pursuant to those laws, as amended at the time this Treaty enters into force, shall be considered as applicable national 
laws for the purposes of this Treaty. 

Australia 

Antarctic Marine Living Resources Conservation Act, 1981 

Fisheries Management Act, 1991 

Fisheries Administration Act, 1991 

Statutory Fishing Rights Charge Act, 1991 

Fisheries Legislation (Consequential Provisions) Act, 1991 

Foreign Fishing Licences Levy Act, 1991 

Fishing Levy Act, 1991 

Fisheries Agreements (Payments) Act, 1991 

Torres Strait Fisheries Act, 1984 

Whale Protection Act, 1980 

Cook Islands 

Cook Islands Commercial Fishing Regulations, 1951 

Exclusive Economic Zone (Foreign Fishing Craft) Regulations, 1979 

Fisheries Protection Act, 1976 

Fishing Ordinance, 1950 

Tterritorial Sea and Exclusive Economic Zone Act, 1977 

Federated States of Micronesia 

Titles 18 and 24 of the Code of the Federated States of Micronesia, as amended by Public Law Nos. 2-28, 2-31, 
3-9, 3-10, 3-34, and 3-80 

Fyi , 

Fisheries Act, 1942 

Fisheries Ordinance (Cap 135) 

Fisheries Regulations (Cap 135) 

Marine Spaces Act, 1978 

Marine Spaces (Foreign Fishing Vessels) Regulations, 1979 

Kiribati 

Fisheries Ordinance, 1979 
Fisheries (Amendment) Act, 1984 
Marine Zones (Declaration) Act, 1983 

Marshall Islands 

Title 33, Marine Resources Act, as amended by PL. 1989-56, PL. 1991-143 and PL. 1992-25 of the Marshall 
Islands revised Code. 

Nauru 

Interpretation Act, 1971 
Marine Resources Act, 1978 



1338 The Marine Mammal Commission Compendium 



New Zealand 

Antarctic Marine Living Resources Act, 1981 

Continental Shelf Act, 1964 

Conservation Act, 1987 

Driftnet Prohibition Act, 1991 

Exclusive Economic Zone (Foreign Fishing Craft) Regulations, 1978 

Fishing Industry Board Act, 1963 

Fisheries Act, 1983 

Marine Mammals Protection Act, 1978 

Marine Reserves Act, 1971 

Marine Pollution Act, 1974 

Meat Act, 1964 

Territorial Sea and Exclusive Economic Zone Act, 1977 

Tokelau (Tsrritorial Sea and Exclusive Economic Zone) Act, 1977 

Submarine Cables and Pipelines Protection Act, 1966 

Sugar Loaf Islands Marine Protected Area Act, 1991 

WildUfe Act, 1953 

Niue 

Cook Islands Commercial Fishing Regulations 1951 

Niue Fish Protection Act 1965 

Sunday Fishing Prohibition Act 1980 

Territorial Sea and Exclusive Economic Zone Act 1977 

Palau 

Palau National Code, Title 27 

Papua New Guinea 

Fisheries Act (Cap 214) 

Fisheries Regulations (Cap 214) 

Fisheries (Torres Strait Protected Zone) Act, 1984 

National Seas Act, (Cap 361) 

Tuna Resources Management Act, (Cap 224) 

Whaling Act (Cap 225) 

Solomon Islands 

Delimitation of Marine Waters Act, 1978 

Fisheries Act, 1972 

Fisheries Limits Act, 1977 

Fisheries Regulations, 1972 

Fisheries (Foreign Fishing Vessels) Regulations, 1981 

Tonga 

Fisheries Protection Act, 1973 
Fisheries Regulation Act, 1923 
Whaling Industry (Amendment) Act, 1979 
Fisheries Act, 1989 

Tuvalu 

Fisheries Act (Cap 45) 

Fisheries (Foreign Fishing Vessel) (Amendment) Regulations, 1982 

Marine Zones (Declaration) Act, 1983 



Multilateral / Fisheries 1339 



Vanuatu ■' 

Fisheries Act 1982 (Cap 158) • - 

Fisheries Regulations 1983 
Maritime Zones Act 1981 (Cap 138) 

Western Samoa 

Exclusive Economic Zone Act, 1977 
Territorial Sea Act, 1971 
Fisheries Act, 1988 

SCHEDULE 2 
CLOSED AREAS 

Australia All waters within the seaward boundary of the Australian Fishing Zone (AFZ) west of a line connecting 
the point of intersection of the outer limit of the AFZ by the parallel of latitude 25''30' south with the point of 
intersection of the meridian of longitude 151° East by the outer limit of the AFZ and all waters south of the parallel 
of latitude 25°30' South. 

Cook Islands Tterritorial Sea 

Federated States of Micronesia Three nautical mile territorial sea and nine nautical mile exclusive fishery 
zone and on all named banks and reefs as depicted on the following charts: 

DMAHTC NO 81019 (2nd. ed., Mar. 1945; revised 7\17\72. Corrected through 

NM 3\78 of June 21, 1978). 



DMAHTC NO 81023 (3rd. ed., Aug. 7, 1976). 

DMAHTC NO 81002 (4th. ed., Jan. 26, 1980; corrected through NM 4\80). 

Fyi Internal waters, archipelagic waters and territorial seas of Fiji and Rotuma and its Dependencies. 

Kiribati Within archipelagic waters as established in accordance with the Marine Zones Declaration Act 1983; 
within 12 nautical miles drawn from the baselines from which the territorial seas is measured; within 2 nautical 
miles of any anchored fish aggregating device for which notification of its location shall be given by geographical 
coordinates. 

Marshall Islands 12 nautical mile territorial sea and area within two nautical miles of any anchored fish 
aggregating device for which notification of its location shall be given by geographical coordinates. 

Nauru The territorial waters as defined by Nauru Interpretation Act, 1971, Section 2. 

New Zealand Territorial waters; waters within 6 nautical miles of outer boundary of territorial waters; all waters 
to west of New Zealand main islands and south of 39° South latitude; all waters to east of New Zealand main islands 
south of 40° South latitude; and in respect of Tokelau: areas within 12 nautical miles of all island and reef baselines; 
twelve and one half nautical miles either side of a line joining Atafu and Nukunonu and Faka'ofo; and coordinates 
as follows: 

Atafu: 3°35'10"S, 172°29'30"W 

Nukunonu: 9°06'25"S, 171°52'10"W 

9°11'30"S, 171°47'00"W 

Faka'ofo: 9°22'30"S, 171°16'30"W 



1340 The Marine Mammal Commission Compendium 



Niue Territorial sea and within 3 nautical miles of Beveridge Reef, Antiope Reef and Haran Reef as depicted by 
appropriate symbols on NZ 225F (chart showing the territorial sea and exclusive economic zone of Niue pursuant to 
the Niue Territorial Sea and Exclusive Economic Zone Act of 1978). 

PsJau Within 12 nautical miles of all island baselines in the Palau Islands; the area - 

a) commencing at the north-easternmost intersection of the outer limit of the 12 nautical mile territorial sea of 
Palau by the arc of a circle having a radius of 50 nautical miles and its centre at Latitude 07°16'34" North, 
Longitude 134°28'25" East, being at about the centre of the reef entrance to Malakal Pass; 

b) running thence generally south-easterly, southerly, south-westerly, westerly, north-westerly, northerly and 
north-easterly along that are to its intersection by the outer limit of the 12 nautical mile territorial sea; and 

c) thence generally northerly, north-easterly, easterly, south-easterly and southerly along that outer limit to the 
point of commencement. 

NOTE: Where for the purpose of this paragraph it is necessary to determine the position on the surface of the 
Earth of a point, line or area it shall be determined by reference to the World Geodetic System 1984, that is to say, by 
reference to a spheroid having its centre at the centre of the Earth and a major (equatorial) radius of 6,378,137 metres 
and a flattening of 1/298.2572. 

Papua New Guinea In addition to its territorial sea and internal waters, within the area bounded by the following 
parallels and meridians - from latitude CSO' South to latitude 3°30' South, and from longitude 149° East to longitude 
153° East. 

Solomon Islands All waters within the fishery limits of the Solomon Islands (including internal waters, 
territorial sea and archipelagic waters) except that part of the fishery limits east and north of the followdng lines: 
commencing at a point 161° East, 4°20' South, then extending due south along 161° to a point 6°30' South, then by 
a line extending due east to a point 165° East, then by a line due south to a point 8° South, then by a line due east 
to a point 169°55' East. 

Tonga All waters with depths of not more than 1,000 metres, within the area bounded by the fifteenth and twenty 
third and one half degrees of south latitudes and the one hundred and seventy third and the one hundred and seventy 
seventh degrees of west longitudes; also within a radius of twelve nautical miles from the islands of Teleki Tonga and 
Tteleki Takelau. 

Tuvalu Tterritorial sea and waters within two nautical miles of all named banks, i.e. Macau, Kosciusko, Rose, 
Bayonnaise and Hera, in Tuvalu EEZ, as depicted on the chart entitled "Tuvalu Fishery Limits" prepared by the 
United Kindgom Hydrographic Department, Taunton, January 11, 1981. 

Vanuatu Archipelagic waters and the territorial sea, and internal waters. 

Western Samoa Tsrritorial sea; reefs, banks, sea-mounts and wdthin 2 nautical miles of any anchored fish 
aggregating device within the EEZ for which notification of its location shall be given by geographical coordinates. 

Only the Closed Areas, as described above, of Pacific Island States which are parties to this Treaty shall be applicable 
under the terms of this Treaty. 

SCHEDULE 4 
REPORTING DETAILS 

PARTI 
LICENSING AREA REPORTS TO THE ADMINISTRATOR 

(a) Port departure and entry into port for unloading 

(1) report type (LBEG for port departure to begin fishing and LFIN for port entry for unloading) 

(2) Regional Register number 



Mu ltilateral / Fisheries 1341 

(3) Trip begin date 

(4) date and time (GMT) 

(5) international call sign 

(6) port name 

(7) catch on board by species (in short tons) 

(8) intended action 

as: LBEG (or LFIN) / RREG# / TBD / ddmmyy / TIME / CALL SIGN / PORT / SJ xxx YF yyy OTH zzz / 
INTENDED ACTION 

(b) Weekly reports 

(1) report type (WEEK) 

(2) Regional Register number 

(3) Trip begin date 

(4) date and time (GMT) 

(5) international call sign 

(6) position (to one minute of arc) 

(7) catch on board by weight by species 

(8) intended action 

as: WEEK / RREG# / TBD / ddmmyy / TIME / CALL SIGN / LA 1111 / LO 11111 / SJ xxx YF yyy OTH zzz / 
INTENDED ACTION 

(c) Transhipment reports 

(1) report type (TRANS) 

(2) Regional Register number 

(3) Trip begin date 

(4) date and time (GMT) 

(5) international call sign 

(6) position (to one minute of arc) 

(7) catch transferred by weight by species 

(8) name of carrier/Freezer 

(9) destination of catch 

as: TRANS/ RREG# / TBD / ddmmyy / TIME / CALL SIGN / LA 1111 / LO 11111 / SJ xxx YF yyy OTH zzz / 
CARRIER NAME / DESTINATION OF CATCH 



1342 The Marine Mammal Commission Compendium 



PART2 ■••■.;:;. -it? 4 .. 

. REPORTS TO NATIONAL AUTHORITIES 

(a) Zone Entry and Exit ■. , , . f ;-; j-;;: 

(1) report type (ZENT for entry and ZEXT for exit) 

(2) Regional Register number ._. 

(3) Trip begin date 

(4) date and time (GMT) ,' ^ .■'.;', ..•-,. ■;.,■.'■'■',-.-" V , i ::■.■., ' ■: 

(5) international call sign 

(6) position (to one minute of arc) 

(7) catch on board by weight by species 

(8) intended action 

as: ZENT (or ZEXT) / RREG# / TBD/ddmmyy/ TIME /CALL SIGN /TIME /LA nil LO 11111 /SJ XXX 
YF yyy OTH zzz / INTENDED ACTION 

(b) Weekly Reports 

(1) report type (WEEK) ;,; • , 

(2) Regional Register number ■.■:■,., . .. ., ' r; .,■ ; . 

(3) Trip begin date 

;■ (4) date and time (GMT) • ' a " ■ :v.;u_ '..■.•,.. h '■.- :;^>-;'-. ■ ;•:,■• 

(5) international call sign 

(6) position (to one minute of arc) 

(7) catch on board by weight by species 

(8) intended action 

as: WEEK / RREG# / TBD / ddmmyy / TIME / CALL SIGN /LAllll/LOlllll/SJxxxYFyyy OTH zzz / 
INTENDED ACTION 

(c) Port Entry Reports , , ,,i 

(1) report type (PENT) :, • :,,,.,.. 

(2) Regional Register number 

(3) Trip begin date 

(4) date and time (GMT) 

(5) international call sign 

(6) position (to one minute of arc) 



Multilateral / Fish eries 1343 

(7) catch on board by weight by species ■ 

(8) estimated time of entry into port (GMT) , - 

(9) port name -' ■ i : . 

(10) intended action : - ■ 

as: PENT / RREG# / TBD / ddmmyy / TIME / CALL SIGN / LA 1111 / LO 11111 / SJ xxx YE yyy OTH zzz / 
ETA/ PORT NAME / INTENDED ACTION 

(d) Transhipment reports 

(1) report type (TRANS) 

(2) Regional Register number 

(3) Trip begin date "■ 

(4) date and time (GMT) 

(5) international call sign 

(6) position (to one minute of arc) 

(7) catch transferred by weight by species 

(8) name of carrier/Freezer 

(9) destination of catch 

as: TRANS / RREG# / TBD / ddmmyy / TIME / CALL SIGN / LA 1111 / LO 11111 / SJ xxx YE yyy OTH zzz / 
CARRIER NAME / DESTINATION OF CATCH 

PART 3 
OTHER NATIONAL REPORTING REQUIREMENTS 

1. Australia 

(a) Report of position and catch by species every day while within the Australian Fishing Zone; 

(b) 24 hours of intention to enter the Australian Fishing Zone; and 

2. Fiji 

(a) While in Fiji fisheries waters, daily position reporting of the name, call sign, and country of registration 
of the craft, and its position at that specified time; and 

(b) While in Fiji fisheries waters, weekly report of catch by species. 

3. Kiribati 

While in the Kiribati exclusive economic zone, report on entry into or exit from Closed Areas. 

4. New Zealand 

(a) 24 hours notice of intention to enter New Zealand's exclusive economic zone giving notice of - 



1344 The Marine Mammal Commission Compendiuj 



name and call sign of craft; .' . •'..,';';- 

position of point of entry; 

species, quantity and condition of catch on board. : ■ i 1 ' ,■ 

(b) While in the New Zealand exclusive economic zone; 

notification of daily noon positions, to be received no later than noon on the following day; 

a weekly report of catch taken in the New Zealand exclusive economic zone to cover the period 0001 
hours on Monday to 2400 on the following Sunday and to be received by noon on the following Wednesday; 

licensed craft are prohibited from transhipping within New Zealand fisheries waters, except at a port 
and time authorised by the Director General. 10 days notice of intention to tranship will be required. 

(c) 24 hours notice of intention to exit New Zealand's exclusive economic zone giving notice of - 

position at point of exit; 

species, quantity £ind condition of catch on board. 

Solomon Islands ■- . 

Report on: 

(a) Expected vessel position, date and time of entry at least 24 hours before entry in to the Solomon Islands 
Fishery Limits; 

(b) Entry to or exit from Solomon Islands Limited Area together with the catch on board by weight and 
volume; and 

(c) A weekly report of catch taken and fishing days in the Solomon Islands exclusive economic zone to cover 
the period 0001 hours on a Monday to 2400 hours on the following Sunday and to be received by noon 
on the following Tuesday. 

Tbnga 

While in the Tanga exclusive economic zone, daily position report by radio or telex. 

Tuvalu 

(a) Report not less than 24 hours before entry into the Tuvalu fishery limits on: 

(i) the name, call sign and country of registration of the vessel; 

(ii) the license number; 

(iii) position on entry; and 

(iv) catch by species. i 



SCHEDULE 5 
PURSE SEINE VESSEL CATCH REPORT FORM 



SCHEDULES 
PURSE SEINE UNLOADING AND TRANSHIPMENT LOGSHEET 



Multilateral / Fisheries 



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1346 



The Marine Mammal Commission Compendium 



SCHEDULE 6 
PURSE SEINE TRANSHIPMENT AND OTHER UNLOADING LOGSHEET 



TRIP NO: 



VESSEL NAME: 
(1) PORT: 



TRIP COMMENCEMENT DATE: 
RADIO CALL SIGN: 



[OR POSITION: LAT 
(2) DATES 



LONG 



(a) AT UNLOADING POINT 
ARRIVAL: 



DEPARTURE:. 



(b) AT UNLOADING 
COMMENCEMENT: 



COMPLETION: 



(3) PARTIAL OR COMPLETE UNLOADING 



(4) UNLOADING TO: [(separate form to be completed for each transhipment/unloading recipient)] 

(5) (a) CARRIER VESSEL NAME: 



and RADIO CALL SIGN OR REGIONAL REGISTER NO:. 



(b) NAME AND ADDRESS OF COMPANY ACCEPTING FISH: 



(6) [DESTINATION OF FISH] (FISH TO BE PROCESSED AT) 
(separate form to be completed for each processing destination) 



(7) QUANTITY UNLOADED [Enter quantity by size class in short tons] 



Yellowfin 


Quantity 
Accepted 


Quantity 
Rejected 


[Tranship 
Estimates] 


Skipjack 








Bigeye 








Marlin 








Unit (eg tons) 









(9) SIGNATURES 



VESSEL MASTER 



RECEIVING AGENT 



NB: An attachment to this form should include a signed copy of the size breakdown of catch as provided by the 
cannery. 



Multi lateral / Fisheries ^ 1347 

ANNEX n 

1. For the purposes of this Annex: 

(a) "Licensing Period" means the period of vaUdity of Ucences issued in accordance with this Treaty. 

2. The Government of the United States shall make application for a licence in respect of any fishing vessel of 
the United States intended by the operator to be used for purse seine fishing in the Licensing Area at any time in 
the Licensing Period by providing to the Administrator a complete application form as set out in Schedule 1. 

3. Licences issued pursuant to this Treaty shall not take effect until the Administrator has received payment, 
free of any charges whatsoever, of the amounts set out in Schedule 2 for that Licensing Period in the manner described 
in that Schedule. 

4. (a) The Administrator may suspend the good standing of a vessel on the Regional Register of Foreign Fishing 
Vessels where there is reasonable cause to believe that the vessel operator has violated the terms and conditions of 
access in Annex I including but not limited to; 

(i) failing to report entry into and exit from Zones; 

(ii) failing to report while in a Zone; 

(iii) misreporting position and catch on board; or 

(iv) improperly marking the vessel and gear. 

(b) The administrator shall notify the Government of the United States and the operator not less than 30 
days prior to the intended date of suspension of good standing. The notice shall include a statement of the facts which 
give reasonable cause to believe a violation has occurred, the corrective action required, and the effective date of the 
suspension of good standing; provided however that the corrective action required shall be limited to making the 
omitted report, correcting any misreporting, or correcting vessel markings or otherwise complying with the require- 
ments of Annex L 

(c) If the corrective action is taken within 30 days, the Administrator shall not suspend good standing. 

(d) Upon satisfactory completion of the required corrective action, the Administrator shall immediately 
reinstate the good standing of the vessel. 

(e) Any fishing vessel of the United States in respect of which good standing has been suspended shall not 
be eligible to receive a new licence upon the expiration of the current licence, until notified by the Administrator that 
good standing has been reinstated. 

5. Subject to paragraph 6, a licence may be denied: 

(a) where the application is not in accordance with the requirements of paragraph 2; 

(b) where the owner or charterer is the subject of proceedings under the bankruptcy laws of the United 
States, unless reasonable financial assurances have been provided to the Administrator; 

(c) where the vessel in respect of which application for a licence has been made does not have good standing 
on the Regional Register of Foreign Fishing Vessels, maintained by the South Pacific Forum Fisheries 
Agency, provided that: 

(i) good standing is withdrawn only as a result of: 

(A) the commission of a serious offence against fisheries laws or regulations of a Pacific Island 
State and the operator has not fully complied with any civil or criminal judgment rendered 
with respect to such an offence; 



1348 The Marine Mammal Commission Compendium 



(B) evidence existing that gives reasonable cause to believe that the operator has committed 
a serious offence against the fisheries laws or regulations of any Pacific Island State and 
that it has not been possible to bring the vessel operator to trial; or 

(C) the vessel operator has failed to comply with the annual registration and information 
requirements for registration as notified by the Administrator to the Government of the 

, ■ .. United States; , -, - - ._ ..,-,.:, 

(D) the failure to satisfactorily complete the required corrective action of all outstanding 
requests, as a result of which the good standing of a vessel has continued in suspension for 
a period of more than 12 months; 

(ii) the Pacific Island party requesting withdrawal of good standing has first consulted the Govern- 
ment of the United States and has made all reasonable efforts to resolve the dispute in question 
,. before utilizing the procedures for withdrawal of good standing; 

(iii) in the event of a request for withdrawal of good standing from the Regional Register of Foreign 
Fishing Vessels of a vessel licensed pursuant to this Treaty, the Pacific Island parties agree to 
take into consideration that vessel's compliance with the terms of this Treaty in determining 
whether to approve such a request; and 

(iv) following a withdrawal of good standing the Pacific Island party involved promptly advises the 
Government of the United States in writing of the reason for the withdrawal and the requirements 
which must be fulfilled to reinstate good standing; 

(d) where there has been a failure to satisfy a final judgment or other final determination for a breach of 
j this Treaty by the owner, charterer or master of the vessel in respect of which application for a licence 

has been made, until such time as the final judgment or other final determination is satisfied, and 
subsequent change in ownership of a vessel shall not affect the application of this provision; or 

(e) where an operator has committed, or the vessel has been used for: 

(i) a violation of this Treaty, providing that the Pacific Island parties, following consultation with 
the Government of the United States, determine that the violation is of a serious nature; or 

. j , (ii) any violation of this Treaty on more than one occasion, providing that the Pacific Island parties, 

following consultation with the Government of the United States, determine that such multiple 
violations constitute a serious disregard of this Treaty. 

6. Without prejudice to their rights under Paragraph 4 of Article 4 of the Treaty, the Pacific Island Parties shall 
consider notifying the Government of the United States of any alleged infringements of the Treaty by vessels of the 
United States 30 days prior to requesting an investigation under Paragraph 4 of Article 4 of the Treaty. The 
Government of the United States shall inquire into the allegation. As appropriate, the Government of the United 
States, the operator concerned, the Administrator and the Pacific Island Party concerned may engage in consultations 
with a view to settling the matter. 

7. A maximum number of licences may be issued for any Licensing Period as set out in Schedule 2, and, upon 
request by the Government of the United States, the Pacific Island parties may agree to vary such number. 

8. On receipt of an application for a licence in accordance with this Annex, the Administrator shall take the 
necessary steps to ensure that: 

(a) a licence in the form set out in Schedule 3 in respect of the vessel identified in the application; or 

(b) a statement setting out the reasons that a licence in respect of the vessel identified in the application 
is denied together with a refund of the amount or amounts provided with the application; 

is promptly provided to the Government of the United States. 



Multilateral / Fisheries 1349 



SCHEDULE 2 
PAYMENTS AND REVIEW 

1. The following amounts are payable annueilly for a period often ( 10) years pursuant to paragraph 3 of Annex II - 

(a) an annual industry payment of US$4 million, which shall cover - 

(i) hcence fees for up to 55 vessels as set forth in paragraph 2 below; and 
(ii) technical assistance; 

(b) costs to be paid by the industry for the observer programme set forth in Part 7 of Annex I; and 

(c) sums pursuant to the related agreement between the South Pacific Forum Fisheries Agency and the 
Government of the United States. 

2. During each licensing period, the Administrator shall make available a maximum of 55 licences to fishing 
vessels of the United States for fishing in the Licensing Area. Any licences issued beyond 50 shall only be available 
to fishing vessels of the United States engaged in fishing activity designed to advance broader cooperation with the 
Pacific Island parties as envisaged under Article 2. If the Administrator does not receive applications for the maximum 
of 55 licences during any of the first three licensing periods, the Pacific Island parties reserve the right at the end of 
the third licensing period to review the allocation of licences beyond 50 for the remeiining licensing periods. 

3. Prior to the beginning of the sixth licensing period, the Parties shall review the number of licences to be issued, 
the licence fees and any other issues which may be identified during the preceding Annual Consultations. During 
such review, the Parties shall determine the number of licences and the licence fees for the second five-year period. 
Any agreed changes in the number of licences or licence fees shall be reflected in the annual industry payment. 



Convention for the Prohibition of 

Fishing with Long Driftnets in the 

South Pacific Ocean, Wellington, 1989 



Done at Wellington 24 November 1989 

Entered into force 17 May 1991 

Depositary: New Zealand 



Primary source citation: Senate Treaty Document 

102-7, 102d Congress, 1st Session, U.S. Government 

Printing Office, Washington, 1991 



CONVENTION FOR THE PROHIBITION OF FISHING 
WITH LONG DRIFTNETS IN THE SOUTH PACIFIC OCEAN 

Article 1 
DEFINITIONS 

For the purposes of this Convention and its Protocols: 

(a) the "Convention Area", 

(i) subject to sub-paragraph (ii) of this paragraph, shall be the area lying within 10 degrees North 
latitude and 50 degrees South latitude and 130 degrees East longitude and 120 degrees West 
longitude, and shall also include all waters under the fisheries jurisdiction of any Party to this 
■ Convention. 

(ii) In the case of a State or Territory which is Party to the Convention by virtue of paragraph Kb) 
or 1(c) of Article 10, it shall include only waters under the fisheries jurisdiction of that Party, 
adjacent to the Territory referred to in paragraph Kb) or Kc) of Article 10; 

(b) "driftnet" means a gillnet or other net or a combination of nets which is more than 2.5 kilometres in 
length the purpose of which is to enmesh, entrap or entangle fish by drifting on the siu'face of or in the 
water; 

(c) "driftnet fishing activities" means: - 
(i) catching, taking or harvesting fish with the use of a driftnet; 

(ii) attempting to catch, take or harvest fish with the use of a driftnet; 



Multilateral / Fisheries 1351 



(iii) engaging in any other activity which can reasonably be expected to result in the catching, taking 
or harvesting of fish with the use of a driftnet, including searching for and locating fish to be 
taken by that method; 

(iv) any operations at sea in support of, or in preparation for any activity described in this paragraph, 
including operations of placing, searching for or recovering fish aggregating devices or associated 
electronic equipment such as radio beacons; 

(v) aircraft use, relating to the activities described in this paragraph, except for flights in emergencies 
involving the health or safety of crew members or the safety of a vessel; or 

(vi) transporting, transhipping and processing any driftnet catch, and cooperation in the provision of 
food, fuel and other supplies for vessels equipped for or engaged in driftnet fishing; 

(d) the "FFA" means the South Pacific Forum Fisheries Agency; and 

(e) "fishing vessel" means any vessel or boat equipped for or engaged in searching for, catching, processing 
or transporting fish or other marine organisms. 



Article 2 
MEASURES REGARDING NATIONALS AND VESSELS 

Each Party undertakes to prohibit its nationals and vessels documented under its laws from engaging in driftnet 
fishing activities within the Convention Area. 



Article 3 
MEASURES AGAINST DRIFTNET FISHING ACTIVITIES 

(1) Each Party undertakes: 

(a) not to assist or encourage the use of driftnets within the Convention Area; and 

(b) to take measures consistent with international law to restrict driftnet fishing activities within the 
Convention Area, including but not limited to: 

(i) prohibiting the use of driftnets within areas under its fisheries jurisdiction; and 

(ii) prohibiting the transhipment of driftnet catches within areas under its jurisdiction. 

(2) Each Party may also take measures consistent with international law to: 

(a) prohibit the landing of driftnet catches within its territory; 

(b) prohibit the processing of driftnet catches in facilities under its jurisdiction; 

(c) prohibit the importation of any fish or fish product, whether processed or not, which was caught using 
a driftnet; 

(d) restrict port access and port servicing facilities for driftnet fishing vessels; and 

(e) prohibit the possession of driftnets on board any fishing vessel within areas under its fisheries 
jurisdiction. 



1352 The Marine Mammal Commission Compendium 



(3) Nothing in this Convention shall prevent a Party from taking measures against driftnet fishing activities which 
are stricter than those required by the Convention. 



....'-''''.! :■ .-' ''.V Article 4 

ENFORCEMENT 

(1) Each Party shall take appropriate measures to ensure the application of the provisions of this Convention. 

(2) The Parties undertake to collaborate to facilitate surveillance and enforcement of measures taken by Parties 
pursuant to this Convention. 

(3) The Parties undertake to take measures leading to the withdrawal of good standing on the Regional Register 
of Foreign Fishing Vessels maintained by the FFA against any vessel engaging in driftnet fishing activities. 

Article 5 
CONSULTATION WITH NON-PARTIES 

(1) The Parties shall seek to consult with any State which is eligible to become a Party to this Convention on any 
matter relating to driftnet fishing activities which appear to affect adversely the conservation of marine living 
resources within the Convention Area or the implementation of the Convention or its Protocols. 

(2) The Parties shall seek to reach agreement with any State referred to in paragraph 1 of this Article, concerning 
the prohibitions established pursuant to Articles 2 and 3. 

Article 6 
INSTITUTIONAL ARRANGEMENTS 

(1) The FFA shall be responsible for carrying out the following functions: 

(a) the collection, preparation and dissemination of information on driftnet fishing activities within the 
Convention Area; 

(b) the facilitation of scientific analyses on the effects of driftnet fishing activities within the Convention 
Area, including consultations with appropriate regional and international organisations; and 

(c) the preparation and transmission to the Parties of an annual report on any drifl;net fishing activities 
within the Convention Area and the measures taken to implement this Convention or its protocols. 

(2) Each Party shall expeditiously convey to the FFA: 

(a) information on the measures adopted by it pursuant to the implementation of the Convention; and 

(b) information on, and scientific analyses on the effects of, driftnet fishing activities relevant to the 
Convention Area. 

(3) All Parties, including States or Territories not members of the FFA and the FFA shall cooperate to promote the 
effective implementation of this Article. 



Multilateral / Fisheries 1353 



Article 7 
REVIEW AND CONSULTATION AMONG PARTIES 

(1) Without prejudice to the conduct of consultations among Parties by other means, the FFA, at the request of 
three Parties, shall convene meetings of the Parties to review the implementation of this Convention and its Protocols. 

(2) Parties to the Protocols shall be invited to any such meeting and to participate in a manner to be determined 
by the Parties to the Convention. 



Article 8 
CONSERVATION AND MANAGEMENT MEASURES 

Parties to this Convention shall cooperate with each other and with appropriate distant water fishing nations and 
other entities or organisations in the development of conservation and management measures for South Pacific 
albacore tuna within the Convention Area. 



Article 9 
PROTOCOLS 

This Convention may be supplemented by Protocols or associated instruments to further its objectives. 

Article 10 
SIGNATURE, RATIFICATION AND ACCESSION 

(1) This Convention shall be open for signature by: 

(a) any member of the FFA; and 

(b) any State in respect of any Tterritory situated within the Convention Area for which it is internationally 
responsible; or 

(c) any Tterritory situated within the Convention Area which has been authorised to sign the Convention 
and to assume rights and obligations under it by the Government of the State which is internationally 
responsible for it. 

(2) This Convention is subject to ratification by members of the FFA and the other States and Territories referred 
to in paragraph 1 of this Article. The instruments of ratification shall be deposited with the Government of New 
Zealand which shall be the Depositary. 

(3) This Convention shall remain open for accession by the members of the FFA and the other States and Territories 
referred to in paragraph 1 of this Article. The instruments of accession shall be deposited with the Depositary. 



1354 The Marine Mammal Commission Compendium 



Article 11 
RESERVATIONS 

This Convention shall not be subject to reservations. ,, • i ... vV'. j ■ i r 

'■ s'-^ '■;•■••■■-■■ -■■■;;■'-- Article 12 .■'-^'. -■' 

AMENDMENTS 

(1) Any Party may propose amendments to this Convention. 

(2) Amendments shall be adopted by consensus among the Parties. 

(3) Any amendments adopted shall be submitted by the Depositary to all Parties for ratification, approval or 
acceptance. 

(4) An amendment shall enter into force thirty days after receipt by the Depositary of instruments of ratification, 
approval or acceptance from all Parties. 

Article 13 
ENTRY INTO FORCE 

(1) This Convention shall enter into force on the date of deposit of the fourth instrument of ratification or accession. 

(2) For any member of the FFA or a State or Territory which ratifies or accedes to this Convention after the date 
of deposit of the fourth instrument of ratification or accession, the Convention shall enter into force on the date of 
deposit of its instrument of ratification or accession. 

Article 14 
CERTIFICATION AND REGISTRATION 

(1) The original of this Convention and its Protocols shall be deposited with the Depositary, which shall transmit 
certified copies to all States and Territories eligible to become Party to the Convention and to all States eligible to 
become Party to a Protocol to the Convention. 

(2) The Depositary shall register this Convention and its Protocols in accordance with Article 102 of the Charter 
of the United Nations. 

DONE at Wellington this twenty-fourth day of November 1989 in the English and French languages, each text 
being equally authentic. 



Protocol I to the Convention for the 

Prohibition of Fishing with Long 

Driftnets in the South Pacific Ocean, 

Noumea, 1990 

Done at Noumea 20 October 1990 

Entered into force for the United States 
28 February 1992* 

Primary source citation: Senate Treaty Document 

102-7, 102d Congress, 1st Session, U.S. Government 

Printing Office, Washington, 1991 



PROTOCOL 1 



The Parties to this Protocol, 



NOTING the provisions of the Convention for the Prohibition of Fishing with Long Driftnets in the South Pacific 
("the Convention") HAVE AGREED as follows: 

Article 1 

APPLICATION OF THE CONVENTION 

Nothing in this Protocol shall affect or prejudice the views or positions of any Party with respect to the law of the 
sea. 

Article 2 
MEASURES REGARDING NATIONALS AND VESSELS 

Each Party undertakes to prohibit its nationals and fishing vessels documented under its laws from using driflnets 
within the Convention Area. 

Article 3 



TRANSMISSION OF INFORMATION 

Each Party shall expeditiously convey to the FFA: 

(a) information on the measures adopted by it pursuant to the implementation of this Protocol; and 



* This Protocol shall enter into force for each State on the date of deposit of its instrument of ratification. 



1356 The Marine Mammal Commission Compendium 



(b) information on, and scientific analyses on the effects of, driftnet fishing activities relevEint to the 
Convention Area. 



Article 4 ■ ' 

CONSERVATION AND MANAGEMENT MEASURES 

Parties to this Protocol shall cooperate with Parties to the Convention in the development of conservation and 
management measures for South Pacific albacore tuna within the Convention Area. 



Article 5 
ENFORCEMENT 

Each Party shall take appropriate measures to ensure the application of the provisions of this Protocol. 

Article 6 

WITHDRAWAL 

At any time after three years from the date on which this Protocol has entered into force for a Party, that Ptirty may 
withdraw from the Protocol by giving written notice to the Depositary. The Depositary shall immediately inform all 
Parties to the Convention or its Protocols of receipt of a withdrawal notice. Withdrawal shsdl take effect one year 
after receipt of such notice by the Depositary. 

Article 7 
FINAL CLAUSES 

(1) This Protocol shall be open for signature by any State whose nationals or fishing vessels documented 
under its laws fish within the Convention Area or by any other State invited to sign by the Parties to the Convention. 

(2) This Protocol shall be subject to ratification. Instruments of ratification shall be deposited with the 
Government of New Zealand, which shall be the Depositary. 

(3) This Protocol shall enter into force for each State on the date of deposit of its instrument of ratification 
with the Depositary. 

(4) This Protocol shall not be subject to reservations. 

DONE at Noumea this twentieth day of October 1990. 

IN WITNESS WHEREOF the undersigned, being duly authorised by their Governments, have signed 
this Protocol. 



Protocol II to the Convention for the 

Prohibition of Fishing with Long 

Driftnets in the South Pacific Ocean, 

Noumea, 1990 



Done at Noumea 20 October 1990 

Not in force 

Primary source citation: 29 ILM 1463 (1990) 

PROTOCOL II 

The Parties to this Protocol, 

NOTING the provisions of the Convention for the Prohibition of Fishing with Long Driftnets in the South Pacific 
("the Convention") 

HAVE AGREED as follows: 



Article 1 

APPLICATION OF THE CONVENTION 

Nothing in this Protocol shall affect or prejudice the views or positions of any Party with respect to the law of the 
sea. 



Article 2 
MEASURES REGARDING NATIONALS AND VESSELS 

Each Party undertakes to prohibit its nationals and fishing vessels documented under its laws from using driftnets 
within the Convention Area. 



1358 The Marine Mammal Commission Compendium 



Article 3 
MEASURES AGAINST DRIFTNET FISHING ACTIVITIES 

(1) Each Party undertakes: 

(a) not to assist or encourage the use of driftnets within the Convention Area; and 

(b) to take measures consistent with international law to restrict driftnet fishing activities, including but 
not limited to: 

(i) prohibiting the use of driftnets within areas under its fisheries jurisdiction; and 

■ (ii) prohibiting the transhipment of driftnet catches within areas under its jurisdiction. 

(2) Each Party may also take measures consistent with international law to: 

(a) prohibit the landing of driftnet catches within its territory; 

(b) prohibit the processing of driftnet catches in facilities under its jurisdiction; 

(c) prohibit the importation of any fish or fish product, whether processed or not, which was cr ..ght using 
a driftnet; 

(d) restrict port access and port servicing facilities for driftnet fishing vessels; and 

(e) prohibit the possession of driftnets on board any fishing vessel within areas under its fisheries 
jurisdiction. 

(3) Nothing in this Protocol shall prevent a Party from taking measures consistent with international law against 
driftnet fishing activities which are stricter than those required by the Protocol. 

Article 4 
TRANSMISSION OF INFORMATION 

Each Party shall expeditiously convey to the FFA: 

(a) information on the measures adopted by it pursuant to the implementation of this Protocol; and 

(b) information on, and scientific analyses on the effects of, driftnet fishing activities relevant to the 
Convention Area. 

Article 5 
ENFORCEMENT 

Each Party shall take appropriate measures to ensure the application of the provisions of this Protocol. 



Multilateral / Fisheries 1359 



Article 6 
WITHDRAWAL 

At any time after three years from the date on which this Protocol has entered into force for a Party, that Party may 
withdraw from the Protocol by giving written notice to the Depositary. The Depositary shall immediately inform all 
Parties to the Convention or its Protocols of receipt of a withdrawal notice. Withdrawal shall take effect one year 
after receipt of such notice by the Depositary. 



Article 7 
FINAL CLAUSES 

(1) This Protocol shall be open for signature by any State the waters under the jurisdiction of which are contiguous 
with or adjacent to the Convention Area or by any other State invited to sign by the Parties to the Convention. 

(2) This Protocol shall be subject to ratification. Instruments of ratification shall be deposited with the Government 
of New Zealand, which shall be the Depositary. 

(3) This Protocol shall enter into force for each State on the date of deposit of its instruments of ratification with 
the Depositary. 

(4) This Protocol shall not be subject to reservations. 

DONE at Noumea this twentieth day of October 1990. 

IN WITNESS WHEREOF the undersigned, being duly authorised by their Governments, have signed this 
Protocol. 



Convention for the Conservation of 

Anadromous Stocks in the North 

Pacific Ocean, Moscow, 1992 



Done at Moscow 11 February 1992 

Entered into force 16 February 1993* 

Depositary: Russian Federation ■:,..-. 

Primary source citation: Senate Treaty Document 

102-30, 102d Congress, 2d Session, U.S. Government 

Printing Office, Washington, 1992 



Convention for the Conservation of Anadromous Stocks 
IN the North Pacific Ocean 

The Parties to this Convention: ' ' ' ' ' '" ''''" 

Recognizing that anadromous stocks in the North Pacific Ocean originate primarily in the waters of Canada, 
Japan, the Russian Federation and the United States of America; 

Recognizing that these stocks intermingle in certain areas of the North Pacific Ocean; 

Recognizing the States in whose waters anadromous stocks originate have the primary interest in and 
responsibility for such stocks; 

Recognizing that fisheries for anadromous stocks should be conducted only in waters within 200 nautical miles 
of the baselines from which the breadth of the territorial sea is measured; 

Recognizing that States of origin of anadromous stocks make expenditures and forego economic development 
opportunities to establish favourable conditions to conserve and manage those stocks; 

Emphasizing the importance of scientific research for the conservation of anadromous stocks in the North 
Pacific Ocean; 

Desiring to promote the acquisition, analysis and dissemination of scientific information pertaining to 
anadromous stocks and ecologically related species in the North Pacific Ocean; 

Desiring to coordinate efforts to conserve anadromous stocks in the North Pacific Ocean; and 

Desiring to establish an effective mechanism of international cooperation to promote the conservation of 
anadromous stocks in the North Pacific Ocean; 

Have agreed as follows: 



*This Convention replaces the 1952 International Convention for the High Seas Fisheries of the North Pacific Ocean (see page 1183), which ^ 
terminated on 21 February 1993. 



Multilateral / Fisheries 1361 



ARTICLE I 

The area to which the Convention applies, hereinafter referred to as the "Convention Area", shall be the waters 
of the North Pacific Ocean and its adjacent seas, north of 33 degrees North Latitude beyond 200 nautical miles from 
the baselines from which the bieadth of the territorial sea is measured. It is understood that activities under this 
Convention, for scientific purposes, may extend farther southward in the North Pacific Ocean and its adjacent seas 
in areas beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured. 



ARTICLE II 

For the purposes of this Convention: 

1. "Anadromous fish" means the fish of anadromous species listed in Part I of the Annex which 
migrate into the Convention Area, and "anadromous stocks" means the stocks thereof 

2. "Fish" means finfish, mollusks, crustaceems and all other forms of marine animal and plant life 
other than marine mammals and birds. 

3. "Fishing" means: 

(a) the catching, taking or harvesting offish, or any other activity which can reasonably 
be expected to result in the catching, taking or heirvesting offish; or 

(b) any operation at sea in preparation for or in direct support of any activity described 
in sub-paragraph (a) above. 

4. "Directed fishing" means fishing targeted at a particular species or stock of fish. 

5. "Incidental taking" means catching, taking or harvesting a species or stock of fish while 
conducting directed fishing for another species or stock of fish. 

6. "Ecologically related species" means living marine species which are associated with anadro- 
mous stocks found in the Convention Area, including but not restricted to both predators and prey of 
anadromous stocks. 

7. "Original Parties" means those States listed in paragraph 1 of Article XVII of this Convention, 
80 long as such States are Parties to this Convention. 



ARTICLE III 

1. In the Convention Area. 

(a) directed fishing for anadromous fish shall be prohibited. 

(b) incidental taking of anadromous fish shall be minimized to the maximum extent practicable 
in accordance vrith Part II of the Annex. 

(c) the retention on board a fishing vessel of anadromous fish taken as an incidental taking in a 
fishing activity directed at non-andromous fish shall be prohibited and any such anadromous fish shall be 
returned immediately to the sea. 

2. The provisions of paragraph 1 of this Article shall not apply to fishing for scientific research purposes in 
accordance vrith Article VII of this Convention. 



1362 The Marine Mammal Commission Compendium 



3. The Parties shall take appropriate measures, individually and collectively, in accordance with interna- 
tional law and their respective domestic laws, to prevent trafficking in anadromous fish taken in violation of the 
prohibitions provided for in this Convention, Eind to penalize persons involved in such trafficking. 



ARTICLE IV 

1. The Parties agree to invite the attention of any State or entity not party to this Convention to any matter 
relating to the fishing activities of its nationals, residents or vessels which could affect adversely the conservation of 
anadromous stocks within the Convention Area. 

2. The Parties agree to encourage any State or entity not party to this Convention to adopt laws and 
regulations consistent with the provisions of this Convention in regard to fishing operations conducted by its nationals, 
residents or vessels and to cooperate in the attainment of the objectives of this Convention. 

3. Each Party shall take appropriate measures aimed at preventing vessels registered under its laws and 
regulations from transferring their registration for the purposes of avoiding compliance with the provisions of this 
Convention. 

4. The Parties shall cooperate in taking action, consistent with international law and their respective 
domestic laws, for the prevention by any State or entity not party to this Convention of any directed fishing for, and 
the minimization by such State or entity of any incidental taking of, anadromous fish by nationals, residents or vessels 
of such State or entity in the Convention Area. 



ARTICLE V ■ 

1. Each Party shall take all necessary measures to ensure that its nationals and fishing vessels flying its 
flag comply with the provisions of this Convention. 

2. Any Party may enforce the provisions of this Convention within the Convention Area in accordance with 
the following: 

(a) The duly authorized officials of any Party may board vessels of the other Parties which can be 
reasonably believed to be engaged in directed fishing for or incidental taking of anadromous fish to inspect 
equipment, logs, documents, catch and other articles and question the persons on board for the purpose of 
carrying out the provisions of this Convention. Such inspections and questioning shall be made so that the 
vessels suffer the minimtun interference and inconvenience. Such officials shall present credentials issued 
by their respective Governments if requested by the master of the vessel. 

(b) When any such person or vessel is actually engaged in operations in violation of the provisions 
of this Convention, or there is reasonable ground to believe was obviously so engaged prior to boarding of 
such vessel by any such official, the latter may arrest or seize such person or vessel and further investigate 
the circumstances if necessary. The Party to which the official belongs shall notify promptly the Party to 
which such person or vessel belongs of such arrest or seizure, and shall deliver such person or vessel as 
promptly as practicable to the authorized officials of the Party to which such person or vessel belongs at a 
place to be agreed upon by both Parties. Provided, however, that when the Party which receives such 
notification cannot immediately accept delivery, the notifying Party may maintain such arrest or seizure 
within the Convention Area, or within any convenient port which has been previously identified by the 
notifying Party in a communication to the other Parties to this Convention and to which there has been no 
objection within sixty (60) days of receipt of the communication, until the authorized officials of the Party 
to which such person or vessel belongs accept delivery. 

(c) When the Party which receives such notification accepts delivery, the authorized officials of 
that Party shall conduct the investigations necessary to obtain the evidence needed for appropriate actions, 
including but not limited to trail, with respect to the offense. They shall also take, for the remainder of the 
relevant fishing season, immediate action as necessary to ensure that the person or vessel concerned is 



Multilateral / Fisheries 1363 



prevented from conducting further operations in violation of the provisions of this Convention. The action 
taken may include the placement of an enforcement official on board the vessel, restriction of the area in 
which the vessel is permitted to operate, or exclusion of the vessel from the Convention Area. 

(d) Only the authorities of the Party to which the above-mentioned person or vessel belongs may 
try the offense and impose penalties therefor. The witnesses and evidence necessary for establishing the 
offense, so far as they are under the control of any of the Parties to this Convention, shall be furnished as 
promptly as possible to the Party having jurisdiction to try the offense and shall be taken into account, and 
utilized as appropriate, by the executive authority of the Party having jurisdiction to try the offense. 
Penalties provided for in the relevant laws and regulations of the Parties to this Convention shall be 
commensurate with the serious nature of the infractions, taking into account the proposals made by the 
Commission pursuant to paragraph 3 of Article DC. 

3. The Parties shall take appropriate measures to ensure that their fishing vessels allow and assist boardings 
and inspections of such vessels carried out in accordance with the provisions of paragraph 2 of this Article by the 
duly authorized officials of any Party, and cooperate in such enforcement action as may be undertaken. 



ARTICLE VI 

1. The Parties shall cooperate in the exchange of information on any activities contrary to the provisions of 
this Convention. 

2. The Parties shall cooperate in the exchange of information on enforcement action regarding anadromous 
fish taken contrary to the provisions of this Convention, and on the disposition of cases. 

3. The Parties shall cooperate to exchange information regarding any directed fishing for and any incidental 
taking of anadromous fish in the Convention Area by nationals, residents and vessels of any State or entity not party 
to this Convention. 



ARTICLE VII 

1. The Parties shall cooperate in the conduct of scientific research in the North Pacific Ocean and its adjacent 
seas beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured, for the 
purpose of the conservation of anadromous stocks including, as appropriate, scientific research on other ecologically 
related species. 

2. With respect to fisheries and scientific research in the Convention Area, the Parties shall cooperate, as 
appropriate, in collecting, reporting and exchanging biostatistical information, fisheries data, including catch and 
fishing effort statistics, biological samples and other relevant data pertinent to the purposes of this Convention. 

3. Notwithstanding the provisions of Article 1, the Parties shall provide the Commission, upon its request, 
catch information, enhancement information, materials such as biological samples and other technical data or 
information related to anadromous stocks and ecologically related species, pertaining to areas adjacent to the 
Convention Area from which anadromous stocks migrate into the Convention Area. 

4. The Parties shall develop appropriate cooperation programs, including scientific observer programs, to 
collect fishing information in the Convention Area for the purpose of scientific research on anadromous stocks and, 
as appropriate, ecologically related species. 

5. The Parties shall endeavour to cooperate in scientific exchanges such as seminars, workshops and, as 
appropriate, exchanges of scientific personnel necessary to achieve the objectives of this Convention. 

6. The Parties shall submit to the Commission scientific research programs to be conducted by their 
nationals or vessels involving directed fishing for, or incidental takes of significant levels of, anadromous fish in the 
Convention Area sufficiently in advance of the conduct of such research to allow appropriate scientific review by all 



1364 The Marine Mammal Commission Compendiuj 



Parties. If all parties that are States of origin, except for the requesting Party, notify the Commission within thirty 
(30) days of their receipt of the program from the Commission that they regard the fishing involved in such program 
to be a violation of paragraph 1 (a) or (b) of Article III, the program shall not be implemented pending a decision by 
the Commission. 

7. The Parties agree that the tiiking of anadromous fish for scientific research purposes must be consistent 
with the needs of a scientific program and with the provisions of this Convention. The catches of anadromous fish 
taken in conjunction with any scientific research in the Convention Area should be reported to the Commission within 
nine months. 



ARTICLE VIII 

1. There is hereby established an international organization that shall be known as the North Pacific 
Anadromous Fish Commission, hereinafter referred to as the "Commission." 

2. The objective of the Commission is to promote the conservation of anadromous stocks in the Convention Area. 

3. The Commission may consider matters related to the Conservation of ecologically related species in the 
Convention Area. 

4. The Commission shall have legal personality and shall enjoy in its relations with other international 
organizations and in the territories of the Parties such legal capacity as may be necessary to perform its functions 
and achieve its ends. The immunities and privileges which the Commission and its officers shall enjoy in the territory 
of a Party shall be subject to agreement between the Commission and the Party concerned. 

5. The headquarters of the Commission shedl be located at Vancouver, Canada, or at such other location as 
may be decided by the Commission. 

6. The official languages of the Commission shall be English, Japanese and Russian. 

7. Each Party shall be a member of the Commission and may appoint to the Commission not more than 
three representatives who may be accompanied at the meetings of the Commission by experts and advisers. 

8. The Commission shall establish such subordinate bodies as it deems necessary. 

9. The Commission shall establish a Secretariat composed of an Executive Director and appropriate staff 

10. Each Party shall have one vote in the Commission. 

(a) Decisions of the Commission on all important matters shall be taken by consensus among all 
Parties that are States of origin of anadromous stocks which migrate into the Convention Area. 

(b) Decisions of the Commission on all other matters shall be taken by a simple majority of the 
votes of all Parties casting affirmative or negative votes. 

(c) A matter shall be deemed to be important if any Party that is a State of origin of anadromous 
stocks which migrate into the Convention Area considers it to be important. 

11. The Commission shall elect a President and a Vice-President, each of whom shall serve for a term of two 
years. They shall be eligible for re-election, provided that they shall not serve for more than four years in succession 
in each office. The President and the Vice-President shall not be representatives of the same Party. 

12. The President of the Commission shall convene the regular annual meeting of the Commission at the 
headquarters of the Commission or at such other location as may be decided by the Commission. 

13. The Commission shall meet at least once annually, the time and place to be determined by the 
Commission. 



Multilateral / Fisheries 1365 



14. Any meeting of the Commission other than the regular annual meeting may be called by the President 
at such time and place as the President may determine, upon the request of a Party with the concurrence of another 
Party, provided that at least one of these two Parties is one of the Original Parties. 

15. The Commission shall adopt its rules of procedure. 

16. The Commission shall adopt its financial rules. 



ARTICLE IX 

The Commission shall have the authority to: • 

1. recommend to the Parties measures for the conservation of anadromous stocks and ecologically 
related species in the Convention Area; 

2. promote the exchange of information on any activities contrary to the provisions of this 
Convention, especially with respect to fishing for and trafficking in anadromous fish contrary to the 
provisions of Article III, as well as on responsive action taken by the Parties and, as appropriate by any 
State or entity not party to this Convention; 

3. consider and make proposals to the Parties for the enactment of schedules of equivalent 
penalties for activities contrary to the provisions of this Convention; 

4. consider possible means to relieve the damage which may be suffered by a State of origin as a 
result of fishing in violation of this Convention and, for that purpose, develop methods to identify the origin 
offish which may be taken in violation of this Convention; 

5. review and evaluate enforcement actions taken by the Parties in accordance with Article V, and 
recommend additional action to be taken by the Parties to ensure effective and diligent enforcement of the 
provisions of this Convention; 

6. promote the exchange of catch and effort information in respect of activities of Parties and, as 
appropriate, any State or entity not party to this Convention for conducting scientific research and for 
coordinating the collection, exchange and analysis of scientific data regarding anadromous stocks and 
ecologically related species, including data to identify the location of origin of anadromous stocks, and 
provide a forum for cooperation among the Parties with respect to such anadromous stocks and ecologically 
related species; 

7. consider and make proposals to the Parties for the enactment of a program for certificates of 
origin attesting that products of anadromous fish are from fish which were lawfully harvested; 

8. make recommendations to any Part with respect to scientific research activities within the 
Convention Area related to anadromous stocks and, as appropriate, ecologically related species; 

9. cooperate, as appropriate, wdth relevant international organizations, inter alia, to obtain the 
best available information, including scientific advice, to further the attainment of the objectives of this 
Convention; 

10. where appropriate, invite any State or entity not party to this Convention to consult with the 
Commission wdth respect to matters relating to the conservation of anadromous stocks and ecologically 
related species in the Convention Area; 

11. recommend amendments to this Convention and to the Annex to this Convention; 

12. recommend measures to avoid or reduce incidental taking of anadromous fish in the Conven- 
tion Area; and 



1366 The Marine Mammal Commission Compendium 



13. recommend to the Parties any measures needed to further the attainment of the objectives of 
this Convention. 



ARTICLE X 

1. The Executive Director shall be appointed by the Commission and shall oversee the work of the 
Secretariat. 

2. The Secretariat shall: ' '' ; - ' 

(a) provide administrative services to the Commission; ; • ' 'i , : j :;. ': 

(b) compile and disseminate statistics and reports concerning anadromous stocks relevant to this 
Convention and ecologically related species; and 

(c) perform such functions as follow from other provisions of this Convention or as the Commission 
may determine. 

3. The conditions of employment of the Executive Director and staff shall be determined by the Commission. 

4. The Executive Director shall appoint the Secretariat stEifF in accordance with staffing requirements 
approved by the Commission. 



ARTICLE XI 

1. Each Party shall pay the expenses incurred by its representatives, experts and advisers. Expenses 
incurred by the Commission shall be paid by the Commission through contributions made by the Parties. 

2. The Commission shall adopt an annual budget. The Executive Director shall transmit a draft budget to 
the Parties together with a schedule of contributions not later than sixty (60) days before the meeting of the 
Commission at which the budget is to be considered. 

3. The budget shall be divided equally among the Parties. 

4. The Executive Director shall notify each Party of its contribution. Contributions shall be paid not later 
than four months after the date of such notification, in the currency of the State in which the Commission 
headquarters are located. 

5. A Party which has not paid its contributions for two consecutive years shall not be entitled to participate 
in the taking of decisions referred to in psiragraph 10 of Article VIII until it has fulfilled its obligations. 

6. The financial affairs of the Commission shall be audited annually by external auditors to be selected by 
the Commission. 



ARTICLE XII 

1. Any Party may at any time propose an amendment to this Convention other than the Annex. 

2. If one-third of the Parties request a meeting to discuss the proposed amendment referred to in paragraph 1 
of this Article, the Depositary shall call such a meeting. 

3. An amendment shall enter into force when the Depositary has received instruments of ratification, 
acceptance or approval thereof from all Parties. 



Multilateral / Fisheries 1367 



ARTICLE XIII 

1. The Annex to this Convention shall form an integral part of this Convention. All references to this 
Convention shall be understood as including the Annex. 

2. The Annex to this Convention shall be considered amended upon the acceptance by the Governments of 
all Parties that are States of origin of anadromous stocks which migrate into the Convention Area of a proposed 
amendment to the Annex recommended by the Commission in accordance with paragraph 11 of Article IX. 

(a) An amendment to the Annex shall enter into force for Parties that are States of origin of 
anadromous stocks which migrate into the Convention Area on the date upon which the Commission 
receives notification from all such Parties of their acceptance of the amendment. 

(b) In the event that a Party that is not a State of origin has accepted an amendment to the Annex 
by the date referred to in sub-paragraph (a), it shall enter into force for that Party on that date. If a Party 
that is not a State of origin accepts an amendment to the Annex after the date referred to in sub- 
paragraph (a), it shall enter into force for that Party on the date upon which the Commission receives 
notification of its acceptance of the amendment. 

3. The Commission shall notify all the Parties of the date of receipt of each notification of acceptance of an 
amendment to the Annex. 



ARTICLE XIV 

Any Party may withdraw from this Convention twelve (12) months after the date on which it formally notifies 
the Depositary of its intention to withdraw. 



ARTICLE XV 

Nothing in this Convention shall be deemed to prejudice the positions or views of any Party with respect to its 
rights and obligations under treaties and other international agreements to which it is party as well as its positions 
or views with respect to matters relating to the law of the sea. 



ARTICLE XVI 

The original of this Convention shall be deposited with the Government of the Russian Federation, which shall 
be the Depositary. The Depositary shall transmit certified copies thereof to all other Signatories and acceding States. 



ARTICLE XVII 

1. This Convention shall be open for signature by Canada, Japan, the Russian Federation and the United 
States of America, which are the major States of origin of anadromous stocks which migrate into the Convention 
Area. 

2. This Convention is subject to ratification, acceptance or approval by these four States in accordance with 
their respective internal legal procedures, and will enter into force ninety (90) days after the date of deposit of the 
fourth instrument of ratification, acceptance or approval. 



1368 The Marine Mammal Commission Compendiuh 



ARTICLE XVIII 

After the entry into force of this Convention, at the invitation of the Original Parties by unanimous agreement, 
other States may accede to it. This Convention shall become effective for any such other State on the date of deposit 
of that State's instrument of accession. 

Ik Witness Whereof, the undersigned, being duly authorized thereto, have signed this Convention. 

Done at Moscow, on the eleventh day of February, 1992, in a single original, in the English, French, Japanese 
and Russian languages, each text being equally authentic. 



Annex 



I. SPECIES 



Chum salmon — Oncorhynchus keta 
Coho salmon — Oncorhynchus kisutch 
Pink salmon — Oncorhynchus gorbuscha 
Sockeye salmon — Oncorhynchus nerka 
Chinook salmon — Oncorhynchus tshawytscha 
Cherry salmon — Oncorhynchus masou 
Steelhead trout — Oncorhynchus mykiss 



' II. INCIDENTAL TAKING 

1. Fisheries for non-anadromous fish shall be conducted in such times, areas and manners as to minimize 
the incidental taking of anadromous fish to the maximum extent practicable to reduce such incidental taking to 
insignificant levels. 

2. When two or more Parties notify the Commission established under Article VIII that they believe a fishery 
is being conducted by nationals or vessels of a Party in the Convention Area contrary to this Annex, the Commission 
shall convene a special meeting to consider the matter as soon as possible. The Parties who have notified the 
Commission shall be responsible for presenting the information on which they based such notification. The Party 
whose nationals or vessels are conducting the fishery in question shall be responsible for demonstrating that the 
fishery is not being conducted contrary to this Annex. If the Commission decides that a satisfactory demonstration 
has not been made, the fishery shall be suspended until it is demonstrated that the fishery will be conducted consistent 
with this Annex. 



Agreement to Reduce Dolphin Mortality 

in the Eastern Tropical Pacific Tuna 

Fishery, La JoUa, 1992 



Done at La Jolla 23 April 1992 

Entered into force 23 April 1992 

Primary source: Copy of text provided by the 
Inter-American Tropical Tuna Commission 



AGREEMENT 

The governments listed in Appendix I recall and reaffirm the resolution adopted during a Special Meeting of 
the Inter-American Tropical Tuna Commission (lATTC) held in La Jolla, California, on April 21-23, 1992, to adopt a 
multilateral program with the objectives of (1) progressively reducing dolphin mortality in the eastern Pacific Ocean 
(EPO) fishery to levels approaching zero through the setting of annual limits and (2), with a goal of eliminating 
dolphin mortality in this fishery, seeking ecologically sound means of capturing large yellowfin tuna not in association 
with dolphins while maintaining the populations of yellowfin tuna in the EPO at a level which will permit maximum 
sustained catches year after year, and to limit and, if possible, eliminate the mortality of dolphins in the fishery of 
the EPO as follows: 



Year 



Percentage of best estimate 

of current populations of spotted, 

spinner, and common dolphins 



1993 


19,500 


1994 


15,500 


1995 


12,000 


1996 


9,000 


1997 


7,500 


1998 


6,500 


1999 


<5,000 



0.30 
0.24 
0.19 
0.14 
0.11 
0.10 
<0.08 



The LATTC further resolved to establish a Review Panel to review and report on the compliance of the international 
fleet with the mortality limits set forth above, and make recommendations as appropriate, and to establish within 
the LATTC an Advisory Board of technical specialists from the international communities of scientists, government 
agencies, environmental groups, and the fishing industry, to assist the Director of the LATTC in efforts to coordinate, 
facilitate, and guide research. 

Therefore: 

The governments listed in Appendix I agree that: 



1369 



1370 The Marine Mammal Commission Compendium 



1. Each government that is a party to this Agreement ("the participating governments") shall, on or before 
October 1, 1992, provide to the Director of the lATTC a list of purse-seine vessels of carrying capacity greater 
than 400 short tons under its jurisdiction which such government has reasonable cause to believe will set 
on tunas associated with dolphins in the EPO in 1993 and for each of which the government wishes to have 
a Dolphin Mortality Limit (DML) assigned for that year. 

2. The Review Panel to be established in accordance writh the Resolution of April 1992, whose duties, functions, 
and responsibilities are defined in Appendix II, shall, by November 1, 1992, assign a DML to each vessel 
that it determines to be "qualified" for a DML in accordance with Paragraph 1 ("qualified vessels"). For 
1993, each DML shall be equivalent to 19,500 divided by the total number of qualified vessels. 

3. A participating government may thereafter adjust the DMLs of its qualified vessels either upward or 
downward, provided that no vessel is assigned an adjusted DML in excess of 15 percent above the original 
DML and that the collective DMLs for that nation's fleet do not exceed that nation's collective DMLs prior 
to adjustment. Any such adjustment shall be made prior to December 1, 1992. Each government shall notify 
the lATTC of any such adjustments on or before December 15, 1992. DMLs that are assigned as of 
December 1, 1992, shall be applied during 1993. 

4. Any vessel assigned a DML for 1993 which does not utilize any of its DML by June 1, 1993, or which leaves 
the fishery, shall lose its right to utilize its DML for the remainder of the year. The lATTC shall maintain 
records of all such unutilized DMLs. 

5. Each participating government shall, on or before April 1, 1993, provide to the Director of the LATTC the 
names of purse-seine vessels which were not assigned a DML under Paragraph 2 and to which it wishes to 
have a DML assigned for the last six months of 1993. All such vessels which are qualified shall be assigned 
DMLs by the Director of the lATTC, after consultation with the voting members of the Review Panel, as 
soon as possible after June 1, 1993. The DML shall be calculated by dividing the sum of the unutilized 
DMLs by the total number of such applications, provided that the DML for any such vessel shall not exceed 
one-half of the DML calculated in accordance with Paragraph 2. 

6. For any vessel exceeding its DML during 1993, the amount of its excess shall be deducted from the DML 
assigned to that vessel during 1994 and, if the excess in 1993 exceeds the 1994 DML, then such excess shall 
be deducted from the DMLs subsequent to 1994, as appropriate. 

7. Only vessels operating under the jurisdiction of participating governments or under the jurisdiction of the 
governments of LATTC member countries are eligible for DMLs. 

8. Compliance with the total EPO dolphin mortality limits for the years 1994 through 1999 shall be ensured 
through the mechanisms set forth above for 1993, with any necessary modifications. 

9. The participating governments shall review and assess the 1993 compliance mechanisms prior to July 1, 
1993. 

10. Measures shall be taken with respect to management of individual stocks of dolphins in accordance with 
Appendix III. 

11. The Scientific Advisory Board of technical experts to coordinate, facilitate, and guide research in accordance 
with the Resolution of April 1992 shall be established and operate as outlined in Appendix IV. 

12. The participating governments shall require purse-seine vessels of canying capacity greater than 400 short 
tons under their jurisdiction which operate in the EPO to carry an observer during each fishing trip in 
1993. At least 50 percent of the observers shall be from the observer program of the lATTC. 

The participating governments shall permit observers to collect all pertinent information necessary to 
achieve the obiectives of this Aereement. 



achieve the objectives of this Agreement. 



The participating governments shall require observers to inform the fishing captain of the vessel upon 
which he is observing when the DML is reached and when fishing by that vessel for yellowfin tuna in 
association with dolphins should cease. 



Multilateral / Fisheries 1371 



15. The participating governments shall require that a vessel shall cease fishing on dolphins in the EPO when 
its DML has been reached. 

The participating governments recommend that all lATTC member countries and other states party to this Agreement 
work diligently to achieve the objectives of this Agreement and particularly strive to undertake measures to insure 
that states not currently party to this Agreement, but which have vessels capable of and intending to fish for tunas 
in association with dolphins in the eastern Pacific Ocean subscribe to the Agreement. 

APPENDICES 

Appendix I. 

Colombia, Costa Rica, Ecuador, Mexico, Nicaragua, Panama, Spain, the United States of America, Vanuatu, 
Venezuela. 

Appendix II. 

THE REVIEW PANEL 

I. OBJECTIVES 

This Review Panel is established as recommended by the Resolution approved at the Special Meeting of the 
lATTC held on April 21-23, 1992, to review and report on the compliance of the international fleet with the mortahty 
limits set forth and to make recommendations as appropriate. 

II. FUNCTIONS AND RESPONSIBILITIES 

The Review Panel shall: 

1. Compile each year a list of vessels qualified for Dolphin Mortality Limits (DML) and assign DMLs for each 
year from 1993 through 1999. 

2. Review all trips made in the eastern Pacific Ocean by purse-seine vessels offish-carrying capacity greater 
than 400 short tons. 

3. Identify all infractions of agreements concerning dolphin mortality, including this Agreement, and a 
Resolution passed at the 50th Meeting of the lATTC. 

4. Inform the governments which are parties to such agreements or the said Resolution of infi-actions by 
vessels under their jurisdiction. 

5. Receive from governments party to the above-mentioned Resolutions or this Agreement and whose vessels 
fish for tunas in association with dolphins in the eastern Pacific Ocean information concerning their actions 
in response to reported infractions for the purposes of monitoring compliance. 

6. Recommend to all such governments a standardized certification system for fishing captains and maintain 
a list of those who have received adequate training and who are abiding by the goals of the above Resolution 
or this Agreement. 

7. Recommend to all such governments a set of sanctions for individual fishing captains, vessel owners, and 
observers which are consistent with the goals of the above Resolution or this Agreement, appropriate for 
the infractions, and standardized among countries. 

8. Recommend to all such governments minimum standards for fishing gear, update these followdng techno- 
logical advances, and maintain a list of vessels which carry all the equipment needed to reduce dolphin 
mortality and which have performed the required procedures to maintain the vessel and the gear in good 
working condition. 



1372 The Marine Mammal Commission Compendium 



9. Recommend to all such governments actions to be taken in order to ensure compliance with the above 
Resolution or this Agreement by any nation not a party to either that is conducting fishing operations in a 
manner inconsistent with the above Resolution or this Agreement. 

10. Publish an Annual Report which would: .,.,:. 



a) Review the operation of the program and recommend actions to the such governments for modifica- 
tions and updates in enforcement consistent with the goals of the above Resolution or this Agreement. 

b) Summarize all the identified infractions and the action taken. 

ni. COMPOSITION OF THE PANEL 

The Review Panel will be composed of nine members, five of whom shall be representatives of resolving governments 
with vessels participating in the fishery. The remaining members of the Panel shall consist of two representatives of 
envirorunental organizations and two representatives of the tima-fishing industry, to be selected by government repre- 
sentatives on the Panel. The five government representatives shall be voting members; the four non-governmental 
representatives shall be non-voting members. The lATTC will provide a non-voting Secretariat for the Panel. 

IV. OPERATION OF THE PANEL 

The Panel shall adopt rules of procedure for its operations at its first meeting. After each meeting a report of 
infractions and related matters shall be made available to the public. The Panel wall prepare an annual report on its 
activities. The proceedings of the Panel will not be public, and its members shall not divulge any information concerning 
individual vessels and operators derived from review forms or from the proceedings of the Panel. Information concerning 
compUance with the terms of the Agreement will be made public by means of the Panel's Reports. 

Appendix HI. 

Protective measures for each individual stock of dolphins should be taken as follows: 

i) If the incidental mortality of any stock exceeds 2% of the most current estimate of absolute abundance 
(CEAA), but is less than 4% of the CEAAof that stock, a warning will be issued to all fleets. 

ii) If the incidental mortality of any stock exceeds 2% of the CEAAbut is less than 4% in two consecutive years, 
all sets on that stock, whether in herds which contain only individuals of that stock or in mixed herds, 
would be banned for a year. 

iii) If the incidental mortality of any stock reaches or exceeds 4% of the CEAA in a given year, a complete ban 
on setting on that stock would be imposed for the following year. 

iv) If the incidental mortality of any stock exceeds 6% of the CEAA, the ban on sets would remain in force for 
three years; for 8%, four years; and for 10%, five years. 

It is proposed that the CEAA for the dolphin stocks of the EPO presented by Wade and Gerrodette to the IWC 
in 1992, based on NMFS research vessel data for the period 1986-1990, be used for all these calculations until the 
signatory nations agree on an updated set of figures. Such updates could result from the analysis of data from future 
research cruises, from calibration of indices of relative abundance with estimates of absolute abundance, or from 
improvements in the analytical methodology applied to currently available data. The 2% value for maximum net 
annual recruitment should also be changed if better estimates become available. 

BACKGROUND 

In recent years, incidental mortality for all stocks of dolphins involved in the fishery has been decreasing, and 
as of 1991 the mortality rates of all stocks are less than 1% of the most recent estimates of their average absolute 
abundances for 1986-1990. The most conservative estimate of the maximum net annual recruitment rate for dolphins 
is 2%, so incidental mortality rates below this level should not jeopardize the recovery of the stocks. 

The incidental mortalities of the various stocks of dolphins in the EPO in 1991 (based on mortality per set) 
were as follows: 



Multilateral / Fisheries 



1373 



Stock 



Population 
abundance^ 



Incidental 
mortality 



Percent 
mortality 



Northeastern spotted 

Western and/or southern spotted 

All spotted (except coastal) 

Eastern spinner 
Whitebelly spinner 

Northern common 
Central common 
Southern common 

Other dolphins 
All 



738,100 
1,299,300 
2,037,400 


13,991 


632,700 
1,020,100 


5,879 
2,974 


477,000 

415,600 

2,211,500 


161 

3,182 

115 


2,729,100 


990 


9,523,400 


27,292 



Appendix IV. 



0.93 
0.29 

0.03 
0.77 
0.01 

0.04 
0.29 



1 Wade and Gerrodette (submitted to the International Whaling Commission, 1992) 



THE SCIENTIFIC ADVISORY BOARD 



The Inter-American Tropical Tuna Commission, at its Special Meeting held in La JoUa, California, on April 
21-23, 1992, reached agreement on a multilateral program with the objectives of (1) progressively reducing dolphin 
mortahty in the EPO fishery to levels approaching zero through the setting of annual limits and (2), with a goal of 
eliminating dolphin mortality in this fishery, seeking ecologically sound means of capturing large yellowfin tunas not 
in association with dolphins while maintaining the populations of yellowfin tuna in the EPO at a level which will 
permit maximum sustained catches year after year. 

Based on a recommendation from the LATTC scientific staff, the participating governments approve the 
establishment of a Scientific Advisory Board of technical specialists to assist the Director in matters regarding 
research to (a) modify current purse-seine technology to make it less likely to cause dolphin mortality and (b) seek 
alternative means of capturing large yellowfin tuna. 



The functions and responsibilities of the Board shall be to: 
Meet at least once each year. 



2) Review plans, proposals, and programs of the Commission to seek to meet objectives (1) and (2), as noted in 
paragraph 1 of this document. 

3) Provide advice to the Director concerning the design, facilitation, and guidance of research to achieve objectives 
(1) and (2) noted in Paragraph 1 of this document. 

4) Assist the Director in locating sources of finding to conduct such research. 

5) Recommend to the Director any other measures and actions that could be taken to facilitate achieving the 
objectives of the dolphin conservation program defined in the Resolution of the Special Meeting of the lATTC 
held in La JoUa on April 21-23, 1992. 

The Board will consist of no more than 10 members, selected from the international community of scientists, 
fishing gear experts, the fishing industry, and environmentalists. The members will be selected by the Director on 
the basis of their technical expertise, and subject to approval by the Commission and the participating governments. 



The secretariat for the Board will be provided by the LATTC. 



MULTILATERAL 



Fisheries 



NO N- BIN DING DOCUMENTS 



1375 



United Nations General Assembly 

Resolution 44/225 on Large-Scale 

Pelagic Driftnet Fishing and Its Impacts 

on the Living Marine Resources of the 

World's Oceans and Seas, 

New York, 1989 

Done at New York 22 December 1989 

Primary source citation: Copy of text provided by the 
United Nations 



United Nations Driftnet Resolution 

44/225. Large-scale pelagic driftnet fishing and its impacts on the 
living marine resources of the world's oceans and seas 

Date: 22 December 1989 Meeting: 85 

Adopted without a vote Report: A/44/746/Add.7 

The General Assembly , 

Noting that many countries are disturbed by the increase in the use of large-scale pelagic driftnets, which can 
reach or exceed 30 miles (48 kilometres) in total length, to catch living marine resources on the high seas of the world's 
oceans and seas. 

Mindful that large-scale pelagic driftnet fishing, a method of fishing with a net or a combination of nets intended 
to be held in a more or less vertical position by floats and weights, whose purpose is to enmesh fish by drifting on the 
surface of or in the water, can be a highly indiscriminate and wasteful fishing method which is widely considered to 
threaten the effective conservation of living marine resources such as highly migratory and anadromous species of 
fish, birds and marine mammals. 

Noting that the present resolution does not address the question of small-scale driftnet fishing traditionally 
conducted in coastal waters, especially by developing countries, which provides an important contribution to their 
subsistence and economic development, 

Expressing concern that, in addition to targeted species offish, non-targeted fish, marine mammals, seabirds 
and other living marine resources of the world's oceans and seas can become entangled in large-scale pelagic driftnets, 
either in those in active use or in those that are lost or discarded, and as a result of such entanglement, are often 
either damaged or killed, 

Recognizing that more than one thousand fishing vessels use large-scale pelagic driftnets in the Pacific Ocean, 
the Atlantic Ocean, the Indian Ocean and in other areas of the high seas. 



1378 The Marine Mammal Commission CoMPENDIU^ 



Recognizing that any regulatory measures to be taken for the conservation and management of hving marine 
resources should take account of the best available scientific data and analysis, 

Recalling the relevant principles elaborated in the United Nations Convention on the Law of the Sea, 

Affirming that, in accordance with the relevant articles of the Convention on the Law of the Sea, all members 
of the international community have a duty to co-operate globally and regionally in the conservation and management 
of living resources on the high seas, and a duty to take, or to co-operate vdth others in taking, such measures for their 
nationals as may be necessary for the conservation of the living resources of the high seas. 

Recalling , in accordance with the relevant articles of the Convention on the Law of the Sea, the responsibility 
of all members of the international community to ensure the conservation and management of living marine resources 
and the protection and preservation of the living marine environment within their exclusive economic zones. 

Noting the serious concern, particularly of coastal States and States with fishing interests, that when living 
marine resources are overexploited in the high seas adjacent to the exclusive economic zones of coastal States, this 
is likely to have adverse impacts on the same resources within such zones, and in this regard, the responsibility for 
co-operation in accordance with the relevant articles of the Convention on the Law of the Sea, 

Also noting that the countries of the South Pacific Forum and the South Pacific Commission, in recognition of 
the importance of living marine resources to the people of the South Pacific region, have called for a cessation of such 
fishing in the South Pacific and the implementation of effective management programmes. 

Also noting the adoption by South Pacific Heads of Government of the Declaration on this subject at Tarawa 
on 11 July 1989 and the adoption by South Pacific States and Territories of the Convention for the Prohibition of 
Fishing with Long Driftnets in the South Pacific, at Wellington on 24 November 1989, 

Further noting that some members of the international community have entered into co-operative enforcement 
and monitoring programmes for the immediate evaluation of the impacts of large-scale pelagic driftnet fishing, 

Recognizing that some members of the international community have taken steps to reduce their driftnet 
operations in some regions in response to regional concerns, 

1. Calls upon all members of the international community, particularly those with fishing interests, to 
strengthen their co-operation in the conservation and management of living marine resources; 

2. Calls upon all those involved in large-scale pelagic driftnet fishing to co-operate fully with the 
international community, and especially with coastal States and the relevant international and regional organiza- 
tions, in the enhanced collection and sharing of statistically sound scientific data, in order to continue to assess the 
impacts of such fishing methods, and to secure conservation of the world's living marine resources; 

3. Recommends that all interested members of the international community, particularly within regional 
organizations, continue to consider and, by no later than 30 June 1991, review the best available scientific data on 
the impacts of large-scale pelagic driftnet fishing, and agree upon further co-operative regulation and monitoring 
measures, as needed; 

4. Further recommends that all members of the international community, bearing in mind the special role 
of regional organizations and regional and bilateral co-operation in the conservation and management of living marine 
resources, as reflected in the relevant articles of the Convention on the Law of the Sea, agree to: 

(a) Moratoria on all large-scale pelagic driftnet fishing on the high seas by 30 June 1992 with the 
understanding that such a measure will not be imposed in a region, or if implemented, can be lifted, should effective 
conservation and management measures be taken based upon statistically sound analysis to be jointly made by 
concerned parties of the international community with an interest in the fishery resources of the region, to prevent 
unacceptable impacts of such fishing practices in that region and to ensure the conservation of the living marine 
resources of that region; 

(b) Take immediate action to reduce progressively large-scale pelagic driftnet fishing activities in the South 
Pacific region leading to the cessation of such activities by no later than 1 July 1991, as an interim measure, until 



Multilateral / Fisheries 1379 



appropriate conservation and management arrangements for South Pacific albacore tuna resources are entered into 
by the parties concerned; 

(c) An immediate cessation to further expansion of large-scale pelagic driflnet fishing on the high seas of 
the North Pacific and all the ovher high seas outside the Pacific Ocean, with the understanding that this measure 
will be reviewed subject to the conditions in paragraph 4(a) above; 

5. Encourages coastal countries which have exclusive economic zones adjacent to the high seas to take 
appropriate measures and to cooperate in collection and submission of scientific information on driftnet fishing in 
their own exclusive economic zones, taking into account the measures taken on the high seas for the conservation of 
living marine resources; 

6. Requests specialized agencies, particularly the Food and Agriculture Organization of the United Nations 
and other appropriate organs, organizations and programmes of the United Nations system, as well as the various 
regional and subregional fisheries organizations, to study urgently large-scale pelagic driftnet fishing and its impacts 
on the living marine resources and to report their views to the Secretary-General; 

7. Requests the Secretary-General to bring the present resolution to the attention of all members of the 
international community, intergovernmental organizations, non-governmental organizations in consultative status 
with the Economic and Social Council and well-established scientific institutions with expertise in relation to living 
marine resources; 

8. Requests the Secretary-General to submit to the General Assembly at its forty-fifth session a report on 
the implementation of the present resolution for its consideration. 



United Nations General Assembly 

Resolution 45/197 on Large-Scale Pelagic 

Driftnet Fishing and Its Impact on the 

Living Marine Resources of the World's 

Oceans and Seas, New York, 1990 

Done at New York 21 December 1990 

Primary source citation: Copy of text provided by the 
United Nations 



United Nations General Assembly Resolution 45/197 
Passed by consensus: December 21, 1990 

Large-scale pelagic driftnet fishing and its impact on the 
living marine resources of the world's oceans and seas 

The General Assembly, 

Recalling its resolution 44/225 concerning large-scale pelagic driftnet fishing and its impact on the living 
marine resources of the world's oceans and seas, including enclosed and semi-enclosed seas, which was adopted by 
consensus on December 22, 1989, 

Also recalling in particular that the General Assembly recommended that all members of the international 
community agree to certain measures specified in the operative paragraphs of resolution 44/225, 

Further recalling the relevant principles elaborated in the United Nations Convention on the Law of the Sea, 
which are referred to in the seventh to tenth paragraphs of resolution 44/225, 

Commending the unilateral, regional and international efforts that have been undertaken by members of the 
international community and international organizations to implement and support the objectives of resolu- 
tion 44/225, 

Noting that at the Twenty-first South Pacific Forum, held at Port Vila on 31 July and 1 August 1990, the Heads 
of Government reaffirmed their opposition to large-scale pelagic driftnet fishing, and noting also the resolution on 
large-scale pelagic driftnet fishing in the South Pacific region, adopted by the South Pacific Conference in Noumea, 
New Caledonia, on 31 October 1990, 

Welcoming the decision of a Member State to suspend driftnet operations in the South Pacific one year in 
advance of the date of cessation stipulated by the General Assembly, and the decision of other Member states to cease 
or suspend driftnet fishing. 

Noting the meeting of the Authority of the Organization of Eastern Caribbean States (OECS) at Castries, 
St. Lucia, in November 1989 which resolved, in its Declaration, to establish a regional regime for the regulation and 
management of the pelagic resources in the Lesser Antilles region that would outlaw the use of driftnets and called 



Multilateral / Fisheries 1381 



upon other States in the region to cooperate in this regard, and also the more recent developments in the wider 
Caribbean Community region, 

Noting that there have been recent meetings related, inter alia, to the protection offish and other living marine 
resources and the environment in the Mediterranean, including the meeting of the Nine Western Mediterranean 
Countries on Dialogue and Co-operation in the Western Mediterranean, held at Rome on 10 October 1990, and the 
meeting on the Mediterranean of the Conference on Security and Co-operation in Europe, held at Palma de Mallorca, 
Spain, from 24 September to 19 October 1990, 

Noting also that the International North Pacific Fisheries Commission has concerned itself with large-scale 
pelagic driftnet fishing in the North Pacific Ocean, including the need to accumulate scientific knowledge, and has 
supported the full implementation of Assembly resolution 44/225, 

Noting further that the International Whaling Commission, at its forty-second annual meeting, in July 1990, 
referred to the use of large-scale pelagic driftnets in many areas of the high seas, including important habitats for 
cetaceans encompassing feeding and breeding grounds and migratory pathways, and endorsed Assembly resolu- 
tion 44/225, 

Noting that, at its first session, the Preparatory Committee for the United Nations Conference on Environment 
and Development requested the Secretary-General of the Conference, inter alia , to prepare, for submission to the 
Preparatory Committee at its second session, a comprehensive report on the impact of large-scale harvesting, and 
new fishing technologies and fishing technologies incompatible with the sustainable management of living marine 
resources, taking into account Assembly resolution 44/225, 

Noting with appreciation the contribution to the report of the Secretary-General made by the Food and 
Agriculture Organization of the United Nations and other appropriate organs, organizations, and programmes of the 
United Nations system and by various regional and sub-regional fisheries organizations, in response to the request 
of the Assembly in paragraph 6 of its resolution 44/225, 

Also noting with appreciation the contribution to the report of the Secretary-General made voluntarily by some 
members of the international community, intergovernmental organizations and non-governmental organizations, 

Noting that some members of the international community have initiated co-operative efforts to obtain 
statistically sound data on the impact of large-scale pelagic driftnet fishing. 

Expressing deep concern about reports of attempts to expand large-scale pelagic driftnet fishing on the high 
seas of the Atlantic Ocean by one fishing entity, in disregard of paragraph 4 (c) of Assembly resolution 44/225, 

Expressing concern about reports of reflagging of vessels by some private fishing interests, which is contrary 
to the spirit and content of resolution 44/225, 

1. Takes note with interest of the report of the Secretary-General, and expresses its appreciation for his efforts; 

2. Reaffirms its resolution 44/225, and calls for its full implementation by all members of the international 
community, in accordance with the measures and time-frame elaborated in paragraph 4 of that resolution 
concerning large-scale pelagic driftnet fishing on the high seas of all the world's oceans and seas, including 
enclosed and semi-enclosed seas; 

3. Also reaffirms the importance of all members of the international community taking such measures as may 
be necessary to ensure compliance with paragraph 4 (c) of resolution 44/225; 

4. Requests the specialized agencies and other appropriate organs, organizations, and programmes of the United 
Nations system, as well as the various global, regional, and subregional fishery organizations, to continue to 
study urgently large-scale pelagic driftnet fishing and its impact on living marine resources and to report their 
views to the Secretary-General, bearing in mind the dates set out in paragraphs 3 and 4 of resolution 44/225; 

5. Requests the Secretary-General to bring the present resolution to the attention of all members of the 
international community, intergovernmental organizations, non-governmental organizations in consultative 
status with the Economic and Social Council, and well-established scientific institutions with expertise in 
relation to living marine resources; 

6. Also requests the Secretary-General to submit to the General Assembly at its forty-sixth session a report on 
the implementation of the present resolution. 



United Nations General Assembly 

Resolution 46/215 on Large-Scale 

Pelagic Drift-Net Fishing and Its Impact 

on the Living Marine Resources of the 

World's Oceans and Seas, 

NewYork,1991 

r ' Done at New York 20 December 1991 

Primary source citation: Copy of text provided by the 
United Nations 



United Nations General Assembly Resolution 46/215 

46/215. Large-Scale Pelagic Drift-Net Fishing and Its Impact on the 
Living Marine Resources of the World's Oceans and Seas 

Date: 20 December 1991 Report: A/46/645/ADD.6 

-^ ., ,, - :, Adopted without a vote 

The General Assembly , 

Recalling its resolutions 44/225 and 45/197 concerning large-scale pelagic drift-net fishing and its impact on 
the living marine resources of the world's oceans and seas, including enclosed and serai-enclosed seas, which took 
into account the concerns of developing countries and were adopted by consensus on 22 December 1989 and 
21 December 1990, respectively. 

Also recalling , in particular, that the General Assembly recommended that all members of the international 
community agree to certain measures specified in the operative paragraphs of resolution 44/225, 

Further recalling the relevant principles elaborated in the United Nations Convention on the Law of the Sea, 
which are referred to in the seventh to tenth preambular paragraphs of resolution 44/225, 

Expressing deep concern about reports of expansion of large-scale pelagic drift-net fishing activities on the 
high seas in contravention of resolutions 44/225 and 45/197, including attempts to expand large-scale pelagic drift-net 
fishing in the high seas areas of the Indian Ocean, 

Commending the unilateral, regional and international efforts that have been undertaken by members of the 
international community and international organizations to implement and support the objectives of resolutions 
44/225 and 45/197, 



Multilateral / Fisheries 1383 



Noting that at the Twenty-second South Pacific Forum, held at Pohnpei on 29 and 30 July 1991, the heads of 
government reaffirmed their opposition to large-scale pelagic drift-net fishing, and in this regard, inter alia , welcomed 
the entry into force on 17 May 1991 of the Convention for the prohibition of long driftnets in the South Pacific, 

Noting also the Castries Declaration, in which the authority of the Organization of Eastern Caribbean States 
resolved to establish a regional regime for the regulation and management of the pelagic resources in the Lesser 
Antilles region that would outlaw the use of drifl-nets and called upon other States in the region to cooperate in this 
regard, 

Welcoming the actions taken that have resulted in the cessation of all large-scale pelagic drift-net fishing 
activities in the South Pacific in advance of the date stipulated in paragraph 4 (b) of resolution 44/225 for the 
termination of such activities. 

Also welcoming the decision of other members of the international community to cease large-scale pelagic 
drifl-net fishing on the high seas. 

Commending the efforts of many members of the international community to compile data on large-scale 
pelagic drift-net fishing and to submit their findings to the Secretary-General, 

Noting the contributions to the report of the Secretary-General, made by some members of the international 
community and by intergovernmental and non-governmental organizations, 

Noting also the significant concerns at the impact of large-scale pelagic drifl-net fishing on the marine 
environment expressed by members of the international community and competent regional fisheries bodies. 

Noting further that, in accordance with Paragraph 3 of resolution 44/225, some members of the international 
community have reviewed the best available scientific data on the impact of large-scale pelagic drift-net fishing and 
have failed to conclude that this practice has no adverse impact which threatens the conservation and sustainable 
management of living marine resources. 

Noting that the grounds for concerns expressed about the unacceptable impact of large-scale pelagic drift-net 
fishing in resolutions 44/225 and 45/197 have been confirmed and that evidence has not demonstrated that the impact 
can be fully prevented, 

Recognizing that a moratorium on large-scale pelagic drift-net fishing is required, notvidthstanding that it will 
create adverse socio-economic effects on the communities involved in high seas pelagic drift-net fishing operations, 

1. Recalls its resolutions 44/225 and 45/197; 

2. Commends the efforts to jointly collect statistically sound data regarding large-scale pelagic drift-net 
fishing in the North Pacific Ocean, which were reviewed at the meeting of scientists held in Sidney, Canada, in June 
1991, and presented at the Symposium on the High Seas Drift-Net Fisheries in the North Pacific Ocean, held in Tbkyo 
in November 1991 under the auspices of the International North Pacific Fisheries Commission; 

3. Calls upon all members of the international community to implement Assembly resolutions 44/225 and 
45/197 by, inter alia , taking the following actions: 

(a) Beginning on 1 January 1992, reduce fishing effort in existing large-scale pelagic high seas drift-net 
fisheries by, inter alia , reducing the number of vessels involved, the length of the nets and the area of operation, so 
as to achieve, by 30 June 1992, a 50 per cent reduction in fishing effort; 

(b) Continue to ensure that the areas of operation of large-scale pelagic high seas drift-net fishing are not 
expanded and, beginning on 1 January 1992, are further reduced in accordance with paragraph 3 (a) of the present 
resolution; 

(c) Ensure that a global moratorium on all large-scale pelagic drift-net fishing is fully implemented on the 
high seas of the world's oceans and seas, including enclosed seas and semi-enclosed seas, by 31 December 1992; 



1384 The Marine Mammal Commission Compendium 



4. Reaffirms the importance it attaches to compHance with the present resolution and encourages all 
members of the international community to take measures individually and collectively to prevent large-scale pelagic 
drift-net fishing operations on the high seas of the world's oceans and seas, including enclosed seas and semi-enclosed 

seas; 

5. Requests the Secretary-General to bring the present resolution to the attention of all members of the 
international conmiunity, intergovernmental organizations, non-governmental organizations and well-established 
scientific institutions with expertise in relation to living marine resources; 

6. Requests the members and organizations referred to above to submit information concerning activities 
or conduct inconsistent with the terms of the present resolution to the Secretary-Greneral; 

7. Also requests the Secretary-General to submit to the General Assembly at its forty-seventh session a 
report on the implementation of the present resolution. 



M U L T I L A T E R A L 



Marine Mammals 



1386 



Convention for the Preservation 

and Protection of Fur Seals, 

Washington, 1911 

Done at Washington 7 July 1911 

Entered into force 15 December 1911* 

Depositary: United States 

Primary source citation: 1 Bevans 804, TS 564 

PRESERVATION AND PROTECTION OF FUR SEALS 



Convention 

The United States of America, His Majesty the King of the United Kingdom of Great Britain and Ireland, and 
of the British Dominions beyond the Seas, Emperor of India, His Majesty the Emperor of Japan, and His Majesty 
the Emperor of all the Russias, being desirous of adopting effective means, for the preservation and protection of the 
fur seals which frequent the waters of the North Pacific Ocean, have resolved to conclude a Convention for the purpose, 
and to that end have named as their Plenipotentiaries: 

The President of the United States of America, the Honorable Charles Nagel, Secretary of Commerce and Labor 
of the United States, and the Honorable Chandler P. Anderson, Counselor of the Department of State of the United 
States; 

His Britannic Majesty, the Right Honorable James Bryce, of the Order of Merit, his Ambassador Extraordinary 
and Plenipotentiary at Washington, and Joseph Pope, Esquire, Commander of the Royal Victorian Order and 
Companion of the Order of St. Michael and St. George, Under Secretary of State of Canada for External Affairs; 

His Majesty the Emperor of Japan, Baron Yasuya Uchida, Jusammi, Grand Cordon of the Imperial Order of 
the Rising Sun, his Ambassador Extraordinary and Plenipotentiary at Washington; and the Honorable Hitoshi Dauke, 
Shoshii, Third Class of the Imperial Order of the Rising Sun, Director of the Bureau of Fisheries, Department of 
Agriculture and Commerce; 

His Majesty the Emperor of all the Russias, the Honorable Pierre Botkine, Chamberlain of His Majesty's Court, 
Envoy Extraordinary and Minister Plenipotentiary to Morocco, and Baron Boris Nolde, of the Foreign Office; 

Who, after having communicated to one another their respective full powers, which were found to be in due 
and proper form, have agreed upon the following articles: 



•This Convention was terminated on 23 October 1941. 



1388 The Marine Mammal Commission Compendium 



Article I .-..,.-- 

The High Contracting Parties mutually and reciprocally agree that their citizens and subjects respectfully, 
and all persons subject to their laws and treaties, and their vessels, shall be prohibited, while this Convention remains 
in force, from engaging in pelagic sealing in the waters of the North Pacific Ocean, north of the thirtieth parallel of 
north latitude and including the Seas of Bering, Kamchatka, Okhotsk and Japan, and that every such person and 
vessel offending against such prohibition may be seized, except within the territorial jurisdiction of one of the other 
Powers, and detained by the naval or other duly commissioned officers of any of the Parties to this Convention, to be 
delivered as soon as practicable to an authorized official of their own nation at the nearest point to the place of seizure, 
or elsewhere as may be mutually agreed upon; and that the authorities of the nation to which such person or vessel 
belongs alone shall have jurisdiction to try the offense and impose the penalties for the same; and that the witnesses 
and proofs necessary to establish the offense, so far as they are under the control of any of the Parties to this 
Convention, shall also be furnished with all reasonable promptitude to the proper authorities having jurisdiction to 
try the offense. 



Article II 

Each of the High Contracting Parties further agrees that no person or vessel shall be permitted to use any of 
its ports or harbors or any part of its territory for any purposes whatsoever connected with the operations of pelagic 
sealing in the waters within the protected area mentioned in Article I. 



Article III 

Each of the High Contracting Parties further agrees that no sealskins taken in the waters of the North Pacific 
Ocean within the protected area mentioned in Article I, and no sealskins identified as the species known as 
Callorhinus alascanus, Callorhinus ursinus, and Callorhinus kurilensis, and belonging to the American, Russian or 
Japanese herds, except such as are taken under the authority of the respective Powers to which the breeding grounds 
of such herds belong and have been officially marked and certified as having been so taken, shall be permitted to be 
imported or brought into the territory of any of the Parties to this Convention. 



-'■;.'"""'";.', ..'■■'■' Article IV 

It is further agreed that the provisions of this Convention shall not apply to Indians, Ainos, Aleuts, or other 
aborigines dwelling on the coast of the waters mentioned in Article I, who carry on pelagic sealing in canoes not 
transported by or used in connection with other vessels, and propelled entirely by oars, paddles, or sails, and manned 
by not more than five persons each, in the way hitherto practiced and without the use of firearms; provided that such 
aborigines are not in the employment of other persons or under contract to deliver the skins to any person. 



■''■■ ■■■'■ ArticleV 

Each of the High Contracting Parties agrees that it will not permit its citizens or subjects or their vessels to 
kill, capture or pursue beyond the distance of three miles from the shore line of its territories sea otters in any part 
of the waters mentioned in Article I of this Convention. 



Article VI 

Each of the High Contracting Parties agrees to enact and enforce such legislation as may be necessary to make 
effective the foregoing provisions with appropriate penalties for violations thereof 



Multilateral / Marine Mammals 1389 



Article VII 

It is agreed on the part of the United States, Japan, and Russia that each respectively will maintain a guard 
or patrol in the waters frequented by the seal herd in the protection of which it is especially interested, so far as may 
be necessary for the enforcement of the foregoing provisions. 



Article VIII 

All of the High Contracting Parties agree to cooperate with each other in taking such measures as may be 
appropriate and available for the purpose of preventing pelagic sealing in the prohibited area mentioned in Article I. 



Article IX 

The term pelagic sealing is hereby defined for the purposes of this Convention as meaning the killing, capturing 
or pursuing in any manner whatsoever of fur seals at sea. 



Article X 

The United States agrees that of the total number of sealskins taken annually under the authority of the 
United States upon the Pribilof Islands or any other islands or shores of the waters mentioned in Article I subject to 
the jurisdiction of the United States to which any seal herds hereafter resort, there shall be delivered at the Pribilof 
Islands at the end of each season fifteen per cent (15%) gross in number and value thereof to an authorized agent of 
the Canadian Government and fifteen per cent (15%) gross in number and value thereof to an authorized agent of 
the Japanese Government; provided, however, that nothing herein contained shall restrict the right of the United 
States at any time and from time to time to suspend altogether the taking of sealskins on such islands or shores 
subject to its jurisdiction, and to impose such restrictions and regulations upon the total number of skins to be taken 
in any season and the manner and times and places of taking them as may seem necessary to protect and preserve 
the seal herd or to increase its number. 



Article XI 

The United States further agrees to pay the sum of two hundred thousand dollars ($200,000) to Great Britain 
and the sum of two hundred thousand dollars ( $200,000) to Japan when this Convention goes into effect, as an advance 
payment in each case in lieu of such number of fur-seal skins to which Great Britain and Japan respectively would 
be entitled under the provisions of this Convention as would be equivalent in each case to two hundred thousand 
dollars ($200,000) reckoned at their market value at London at the date of their delivery before dressing and curing 
and less cost of transportation from the Pribilof Islands, such market value in case of dispute to be determined by an 
umpire to be agreed upon by the United States and Great Britain, or by the United States and Japan, as the case 
may be, which skins shall be retained by the United States in satisfaction of such payments. 

The United States further agrees that the British and Japanese share respectively of the sealskins taken from 
the American herd under the terms of this Convention shall be not less than one thousand (1,000) each in any year 
even if such number is more than fifteen per cent (15%) of the number to which the authorized killing is restricted 
in such year, unless the killing of seals in such year or years shall have been absolutely prohibited by the United 
States for all purposes except to supply food, clothing, and boat skins for the natives on the islands, in which case 
the United States agrees to pay to Great Britain and to Japan each the sum often thousand dollars ($10,000) annually 
in lieu of any share of skins during the years when no killing is allowed; and Great Britain agrees, and Japan agrees, 
that after deducting the skins of their respective shares, which are to be retained by the United States as above 
provided to reimburse itself for the advance payment aforesaid, the United States shall be entitled to reimburse itself 
for any annual payments made as herein required, by retaining an additional number of sealskins from the British 
and Japanese shares respectively over and above the specified minimum allowance of one thousand (1,000) skins in 



1390 The Marine Mammal Commission Compendium 



any subsequent year or years when killing is again resumed, until the whole number of skins retained shall equal, 
reckoned at their market value determined as above provided for, the entire amount so paid, with interest at the rate 
of four per cent (4%) per annum. 

If, however, the total number of seals frequenting the United States islands in any year falls below one hundred 
thousand (100,000), enumerated by official count, then all killing, excepting the inconsiderable supply necessary for 
the support of the natives as above noted, may be suspended without allowance of skins or payment of money 
equivalent until the number of such seals again exceeds one hundred thousand ( 100,000), enumerated in like manner. 



Article XII 

It is agreed on the part of Russia that of the total number of sealskins taken annually upon the Commander 
Islands, or any other island or shores of the waters defined in Article I subject to the jurisdiction of Russia to which 
any seal herds hereafter resort, there shall be delivered at the Commander Islands at the end of each season fifteen 
per cent (15%) gross in number and value thereof to an authorized agent of the Canadian Government, and fifteen 
per cent (15%) gross in number and value thereof to an authorized agent of the Japanese Government; provided, 
however, that nothing herein contained shall restrict the right of Russia at any time and from time to time during 
the first five years of the term of this Convention to suspend altogether the taking of sealskins on such islands or 
shores subject to its jurisdiction, and to impose during the term of this Convention such restrictions and regulations 
upon the total number of skins to be taken in any season, and the manner and times and places of taking them as 
may seem necessary to preserve and protect the Russian seal herd, or to increase its number; but it is agreed, 
nevertheless, on the part of Russia that during the last ten years of the term of this Convention not less than five per 
cent (5%) of the total number of seals on the Russian rookeries and hauling grounds will be killed annually, provided 
that said five per cent (5%) does not exceed eighty-five per cent (85%) of the three-year-old male seals hauling in such 
year. 

If, however, the total number of seals frequenting the Russian islands in any year falls below eighteen thousand 
( 18,000) enumerated by official count, then the allowance of skins mentioned above and all killing of seals except 
such as may be necessary for the support of the natives on the islands may be suspended until the number of such 
seals again exceeds eighteen thousand (18,000) enumerated in like manner. 



Article XIII 

It is agreed on the part of Japan that of the total number of sealskins taken annually upon Robben Island, or 
any other islands or shores of the waters defined in Article I subject to the jurisdiction of Japan to which any seal 
herds hereafter resort, there shall be delivered at Robben Island at the end of each season ten per cent (10%) gross 
in number and value thereof to an authorized agent of the United States Government, ten per cent ( 10%) gross in 
number and value thereof to an authorized agent of the Canadian Government, and ten per cent (10%) gross in 
number and value thereof to an authorized agent of the Russian Government; provided, however, that nothing herein 
contained shall restrict the right of Japan at any time and from time to time during the first five years of the term 
of this Convention to suspend altogether the taking of sealskins on such islands or shores subject to its jurisdiction, 
and to impose during the term of this Convention such restrictions and regulations upon the total number of skins 
to be taken in any season, and the manner and times and places of taking them as may seem necessary to preserve 
and protect the Japanese herd, or to increase its number; but it is agreed, nevertheless, on the part of Japan that 
during the last ten years of the term of this Convention not less than five per cent (5%) of the total number of seals 
on the Japanese rookeries and hauling grounds will be killed annually, provided that said five per cent (5%) does not 
exceed eighty-five per cent (85%) of the three-year-old mede seals hauling in such year. 

If, however, the total number of seals frequenting the Japanese islands in any year falls below six thousand 
five hundred (6,500) enumerated by official count, then the allowance of skins mentioned above and all killing of 
seals except such as may be necessary for the support of the natives on the islands may be suspended until the number 
of such seals again exceeds six thousand five hundred (6,500) enumerated in like manner. 



Multilateral / Marine Mammals 1391 



Article XIV 

It is agreed on the part of Great Britain that in case any seal herd hereafter resorts to any islands or shores 
of the waters defined in Article I subject to the jurisdiction of Great Britain, there shall be delivered at the end of 
each season during the term of this Convention ten per cent (10%) gross in number and value of the total number of 
sealskins annually taken from such herd to an authorized agent of the United States Government, ten per cent ( 10%) 
gross in number and value of the total number of sealskins annually taken from such herd to an authorized agent of 
the Japanese Government, and ten per cent ( 10%) gross in number and value of the total number of sealskins annually 
taken from such herd to an authorized agent of the Russian Government. 



Article XV 

It is further agreed between the United States and Great Britain that the provisions of this Convention shall 
supersede, in so far as they are inconsistent therewith or in duplication thereof, the provisions of the treaty relating 
to the fur seals, entered into between the United States and Great Britain on the 7th day of February, 1911. 



Article XVI 

This Convention shall go into effect upon the 15th day of December, 1911, and shall continue in force for a 
period of fifteen ( 15 ) years from that date, and thereafter until terminated by twelve ( 12 ) months' written notice given 
by one or more of the Parties to all of the others, which notice may be given at the expiration of fourteen years or at 
any time afterwards, and it is agreed that at any time prior to the termination of this Convention, upon the request 
of any one of the High Contracting Parties, a conference shall be held forthwith between representatives of all the 
Parties hereto, to consider and if possible agree upon a further extension of this Convention with such additions and 
modifications, if any, as may be found desirable. 



Article XVII 

The Convention shall be ratified by the President of the United States, by and with the advice and consent of 
the Senate thereof, by His Britannic Majesty, by His Majesty the Emperor of Japan, and by His Majesty the Emperor 
of all the Russias; and ratifications shall be exchemged at Washington as soon as practicable. 

In faith whereof, the respective Plenipotentiaries have signed this Convention in quadruplicate and have 
hereunto affixed their seals. 

Done at Washington the 7th day of July, in the year one thousand nine hundred and eleven. 



1392 The Marine Mammal Commission Compendium 



EXCHANGE OF NOTES RESPECTING BRITISH RESERVATION 



■ :. ' ••: . --,,, .'..■:■■;>:-■::':■ ■, -.:-: :■. i:v.'- ;-.r ■■-..;.' WASHINGTON 

July7th,1911 

To 

The Honorable Charles Nagel 
President of the Conference 

Sm, 

The Delegates of Great Britain, in signing the treaty for the preservation and protection of the fur seals which 
frequent the waters of the North Pacific Ocean, are instructed to state that, while accepting the whole treaty on behalf 
of Great Britain and the Dominion of Canada, they are obliged to reserve for the present the assent of the other self 
governing Dominions within the British Empire so far as regards the words in Article III, lines 3 and 4: "and no 
sealskins identified as the species known as Callorhinus alascanus, Callorhinus ursinus, and Callorhinus kurilensis," 
because there has not been time to obtain the assent of those Dominions to these words, which were submitted to His 
Majesty's Government only a few days ago. 

This reservation is made, not because His Majesty's Government think or have any ground for thinking that 
these Dominions are likely to object to the words in question, but solely because it has been impossible within the 
time to ascertain, conformably to the usual practice, whether they are prepared to undertake such obligations as the 
words impose. His Majesty's Government will consult these Dominions at the earliest possible moment with a view 
to obtaining their consent to the words for the present reserved. 

We have the honour to be. 
Sir, 
Your most obedient Servants, 

James Bryce 
Joseph Pope 

■- ■■'•'■' ,. - , , July?, 1911 

The Right Honorable James Bryce, O. M., ' 

and 

The Honorable Joseph Pope, 

Delegates of Great Britain to the 

International Fur Seal Conference 

Gentlemen: 

In reply to your note of today addressed to me, I have the honor to inform you that the Delegations of the United 
States and Japan have read and considered it, and that they regard the obstacles therein mentioned as so remote 
that they have decided to sign the North Pacific Sealing Convention with the understanding that the Governments 
of the United States, Japan and Russia are at liberty to await the acceptance by Great Britain of the Convention 
without the particular reservations mentioned in your note before proceeding with ratification. 

I have the honor to be. 

With the highest respect 

- .■ Charles Nagel 

. ■ President of the Conference 



Multilateral / Marine Mammals 1393 



Note of Withdrawal of British Reservation 



, British Embassy 

. . : Seal Harbor, Maine 

July 18, 1911 

The Honourable 
P. C. Knox, 
Secretary of State, 
etc. etc. etc. 

Dear Mr. Secretary: 

I have pleasure in informing you in confirmation of my telegram of to-day's date that my Government having 
just informed me that the Self-Goveming Dominions of the British Empire (other than Canada) having been consulted 
by His Majesty's Government with regard to the words in Article III viz: "and no sealskins identified as the species 
known as Callorhinus alascanus, Callorhinus ursinus, and Callorhinus kurilensis", of the International Treaty, signed 
on July 7th at Washington "for the preservation and protection of the fur seals which frequent the waters of the North 
Pacific Ocean," have now expressed their assent to the words in question, their acceptance of which had been 
provisionally reserved at the time of the signature of the Treaty by the British Delegates to the Conference. I should 
therefore be very much obliged if you would cause this information to be conveyed to the Delegates who represented 
the United States at the Conference giving them to understand that the Treaty is now accepted in its entirety by His 
Majesty's Government on behalf not only of Great Britain and Canada but also of all the other British Dominions. 

The whole Treaty, including the words in Article III above quoted, having now been thus accepted, the note of 
reservation addressed to the President of the Conference on July 7 by Mr. Pope and myself as British Delegates has 
now become ineffective and is hereby withdrawn by me on behalf of His Majesty's Government. Therewith also the 
note signed by the United States and Japanese Delegates at the same time explaining that they, while noting the 
reservation made by us, nevertheless signed the Treaty, has now become superfluous. 

I have the honour therefore to request that you will have the goodness to communicate the above complete 
acceptance of the Treaty and withdrawal of the Note of Reservation to Mr. Secretary Nagel as President of the 
Conference, as it will no doubt be the wish both of the United States Delegates and of the United States Administration 
that the Treaty should be presented to the Senate of the United States at an early date. 

With cordial congratulations on the successful issue of the Conference convoked by the United States and in 
the hope that the result of its deliberations may prove to be of benefit both to the nations more immediately concerned 
and to the world at large, 

I have the honour to be, Dear Mr. Secretary, 
Very faithfully yours, 

James Bryce 

P.S. I am sending a copy of this note to the Japanese Ambassador and to the Russian Charge d'Affaires in this 
coimitry for the information of their respective Delegates. 



Convention for the Regulation of 
Whaling, Geneva, 1931 



Done at Geneva 24 September 1931 

Entered into force 16 January 1935 

Depositary: League of Nations 

Primary source citation: 3 Bevans 26, TS 880 



Convention for the Regulation of Whaling 

His Majesty the King of the Albanians; the President of the German Reich; the President of the United States 
of America; His Majesty the King of the Belgians; His Majesty the King of Great Britain, Ireland and the British 
Dominions beyond the Seas, Emperor of India; the President of the Republic of Colombia; His Majesty the King of 
Denmark and Iceland; the President of the Government of the Spanish Republic; the President of the Republic of 
Finland; the President of the French Republic; the President of the Hellenic Republic; His Majesty the King of Italy; 
the President of the United States of Mexico; His Majesty the King of Norway; Her Majesty the Queen of the 
Netherlands; the President of the Polish Republic; His Majesty the King of Roumania; the Swiss Federal Council; 
the President of the Czechoslovak Republic; the President of the Turkish Republic; His Majesty the King of Yugoslavia 
have appointed as their Plenipotentiaries the foUovdng: 

His Majesty the King of the Albanians: 

M. Lee Kurti, Resident Minister, Permanent Delegate accredited to the League of Nations. 

The President of the German Reich: • ' • . 

M. Hans Hermann Volckers, Consul-General at Geneva. 

The President of the United States of America: 

Mr. Hugh R. Wilson, Envoy Extraordinary and Minister Plenipotentiary to the Swiss Federal Council. 

His Majesty the King of the Belgians: 

M. P. Hymans, Minister for Foreign Affairs. 

His Majesty the King of Great Britain, Ireland and the British Dominions beyond the Seas, Emperor of India: 

For Great Britain and Northern Ireland and all parts of the British Empire which are not separate Members 
of the League of Nations: 

The Right Honourable Viscount Cecil of Chelwood, K.C. 

For the Dominion of Canada: 

The Honourable Hugh Guthrie, PC, K.C., M.P., Minister of Justice and Attorney-General. 

For the Commonwealth of Australia: 

Mr. James R. Collins, C.M.G., C.B.E., Official Secretary and financial Adviser in the Office of the High 
Commissioner in London. 



1394 



Multilateral / Marine Mammals 1395 



For the Dominion of New Zealand: 

Sir Thomas Mason Wilford, K.C.M.G., K.C., High Commissioner in London. 

For the Union of South Africa: 

Mr. C. T. te Water, High Commissioner in London. 

For India: 

Sir Brojendra L. Mitter, Kt., Law Member of the Vicero/s Executive CounciL 

The President of the Repubhc of Colombia: 

Dr. A. J. Restrepo, Permanent Delegate accredited to the League of Nations. 

His Majesty the King of Denmark and Iceland: 

M. William Borberg, Permanent Delegate accredited to the League of Nations. 

The President of the Government of the Spanish Republic: 
M. Alejandro Lerroux Garcia, Minister of State. 

The President of the Republic of Finland: 

M. Evald Gyllenbogel, Counsellor of Legation, Permanent Delegate a.i. accredited to the League of Nations. 

The President of the French Republic: 

M. Louis Rollin, Deputy, Minister of Commerce and Industry. 

The President of the Hellenic Republic: 

M. R. Raphael, Permanent Delegate accredited to the League of Nations. 

His Majesty the King of Italy: 

M. Augusto Rosso, Minister Plenipotentiary, Substitute Delegate to the Council of the League of Nations. 

The President of the United States of Mexico: 

M. Salvador Martinez de Alva, Head of the Permanent Office accredited to the League of Nations. 

His Majesty the King of Norway: 

M. Birger Braadland, Minister for Foreign Affairs. 

Her Majesty the Queen of the Netherlands: 

Jonkheer F. Beelaerts van Blokland, Minister for Foreign Affairs. 

The President of the Polish Republic: 

M. Auguste Zaleski, Minister for Foreign Affairs. 

His Majesty the King of Roumania: 

M. Constantin Antoniade, Envoy Extraordinary and Minister Plenipotentiary accredited to the League of 
Nations. 

The Swdss Federal Council: 

M. Giuseppe Motta, President of the Swiss Confederation, Head of the Federal Political Department. 

The President of the Czechoslovak Republic: 

M. Zdenfek Fierlinger, Envoy Extraordinary and Minister Plenipotentiary to the Swiss Federal Council, 
Permanent Delegate accredited to the League of Nations. 



1396 The Marine Mammal Commission Compendium 



The President of the Turkish Republic: 

Cemal Hiisnii Bey, Envoy Extraordinary and Minister Plenipotentiary to the Swiss Federal Council. 

His Majesty the King of Yugoslavia: ■; - ,,. .• . . ; 

M. Voislav Marinkovitch, Minister for Foreign Affairs. 

Who, having communicated their full powers, found in good and due form, have agreed on the following 
provisions: 

Article 1 ■''■-■' '■''■ ' ■■■■'" 

The High Contracting Parties agree to take, within the limits of their respective jurisdictions, appropriate 
measures to ensure the application of the provisions of the present Convention and the punishment of infractions of 
the said provisions. 

Article 2 

The present Convention applies only to baleens or whalebone whales. 

Article 3 

The present Convention does not apply to aborigines dwelling on the coasts of the territories of the High 
Contracting Parties provided that: 

(1) They only use canoes, pirogues or other exclusively native craft propelled by oars or sails; 

(2) They do not carry firearms; 

(3) They are not in the employment of persons other than aborigines; 

(4) They are not under contract to deUver the products of their whaling to any third person. 

Article 4 

The taking or killing of right whales, which shall be deemed to include North-Cape whales, Greenland whales, 
southern right whales, Pacific right whales and southern pigmy right whales, is prohibited. 

Article 5 

The taking or killing of calves or suckling whales, immature whales, and female whales which are accompanied 
by calves (or suckling whales) is prohibited. 

Article 6 

The fullest possible use shall be made of the carcases of whales taken. In particular: 

1. There shall be extracted by boiling or otherwise the oil from all blubber and from the head and the 
tongue and, in addition, from the tail as far forward as the outer opening of the lower intestine. 

The provisions of this sub-paragraph shall apply only to such carcases or parts of carcases as are not intended 
to be used for human food. 



Multilateral / Marine Mammals 1397 



2. Every factory, whether on shore or afloat, used for treating the carcases of whales shall be equipped 
with adequate apparatus for the extraction of oil from the blubber, flesh and bones. 

3. In the case of whales brought on shore, adequate arrangements shall be made for utilising the residues 
after the oil has been extracted. 



Article 7 

Gunners and crews of whaling vessels shall be engaged on terms such that their remuneration shall depend 
to a considerable extent upon such factors as the size, species, value and yield of oil of whales taken, and not merely 
upon the number of whales taken, in so far as payment is made dependent on results. 

Article 8 

No vessel of any of the High Contracting Parties shall engage in taking or treating whales unless a license 
authorising such vessel to engage therein shall have been granted in respect of such vessel by the High Contracting 
Party, whose flag she flies, or unless her owner or charterer has notified the Government of the said High Contracting 
Party of his intention to employ her in whaling and has received a certificate of notification from the said Government. 

Nothing in this article shall prejudice the right of any High Contracting Party to require that, in addition, a 
licence shall be required from his own authorities by every vessel desirous of using his territory or territorial waters 
for the purposes of taking, landing or treating whales, and such licence may be refused or may be made subject to 
such conditions as may be deemed by such High Contracting Party to be necessary or desirable, whatever the 
nationality of the vessel may be. 

Article 9 

The geographical limits within which the articles of this Convention are to be applied shall include all the 
waters of the world, including both the high seas and territorial and national waters. 

Article 10 

1. The High Contracting Parties shall obtain, with regard to the vessels flying their flags and engaged in 
the taking of whales, the most complete biological information practicable with regard to each whale taken, and in 
any case on the following points: 

(a) Date of taking; . , 

(b) Place of taking; 

(c) Species; 

(d) Sex; 

(e) Length; measured, when taken out of water; estimated, if cut up in water; 

(f) When foetus is present, length and sex if ascertainable; 

(g) When practicable, information as to stomach contents. 

2. The length referred to in sub-paragraphs (e) and (f) of this article shall be the length of a straight line 
taken from the tip of the snout to the notch between the flukes of the tail. 



1398 The Marine Mammal Commission Compendium 



-'■'■'■: Article 11 '' ' v ■■■■■'■'"- ■■•'•■-' 

Each High Contracting Party shall obtain from all factories, on land or afloat, under his jurisdiction, returns 
of the number of whales of each species treated at each factory and of the amounts of oil of each grade and the 
quantities of meal, guano and other products derived from them. 

Article 12 

Each of the High Contracting Parties shall communicate statistical information regarding all whaling 
operations under their jurisdiction to the International Bureau for Whaling Statistics at Oslo. The information given 
shall comprise at least the particulars mentioned in Article 10 and: (1) the name and tonnage of each floating factory; 
(2) the number and aggregate tonnage of the whale catchers; (3) a list of the land stations which were in operation 
during the period concerned. Such information shall be given at convenient intervals not longer than one year. 

- ■';'■' •■ ^'-- Article 13 

The obligation of a High Contracting Party to take measures to ensure the observance of the conditions of the 
present Convention in his territories and territorial waters, and by his vessels, shall not apply to those of his territories 
to which the Convention does not apply, and the territorial waters adjacent thereto, or to vessels registered in such 
territories. 



Article 14 

The present Convention, the French and English texts of which shall both be authoritative, shall remain open 
until the thirty-first of March 1932 for signature on behalf of any Member of the League of Nations or of any 
non-member State. 



Article 15 ^ -c 

The present Convention shall be ratified. The instruments of ratification shall be deposited with the 
Secretary-General of the League of Nations, who shall notify their receipt to all Members of the League of Nations 
and non-member States indicating the dates of their deposit. 

Article 16 

As from the first of April 1932, any Member of the League of Nations and any non-member State, on whose 
behalf the Convention has not been signed before that date, may accede thereto. 

The instruments of accession shall be deposited with the Secretary-General of the League of Nations, who shall 
notify all the Members of the League of Nations and non-member States of their deposit and the date thereof. 

-....I. Article 17 ....<. ... , 



The present Convention shall enter into force on the ninetieth day following the receipt by the Secretary-Gen- 
eral of the League of Nations of ratifications or accessions on behalf of not less than eight Members of the League or 
non-member States, including the Kingdom of Norway and the United Kingdom of Great Britain and Northern 
Ireland. 

As regards any Member of the League or non-member State on whose behalf an instrument of ratification or 
accession is subsequently deposited, the Convention shall enter into force on the ninetieth day after the date of the 
deposit of such instrument. 



Multilateral / Marine Mammals 1399 



Article 18 

If after the coming into force of the present Convention the Council of the League of Nations, at the request of 
any two Members of the League or non-member States with regard to which the Convention is then in force, shall 
convene a Conference for the re%'ision of the Convention, the High Contracting Parties agree to be represented at any 
Conference so convened. 



Article 19 

1 . The present Convention may be denounced after the expiration of three years from the date of its coming 
into force. 

2. Denunciation shall be effected by a written notification addressed to the Secretary-General of the League 
of Nations, who shall inform all the Members of the League and the non-member States of each notification received 
and of the date of its receipt. 

3. Each denunciation shall take effect six months after the receipt of its notification. 

Article 20 

1. Any High Contracting Party may, at the time of signature, ratification or accession, declare that, in 
accepting the present Convention, he does not assume any obligations in respect of all or any of his colonies, 
protectorates, overseas territories or territories under suzerainty or mandate; and the present Convention shall not 
apply to any territory named in such declaration. 

2. Any High Contracting Party may give notice to the Secretary-General of the League of Nations at any 
time subsequently that he desires that the Convention shall apply to all or any of his territories which have been 
made the subject of a declaration under the preceding paragraph, and the Convention shall apply to all the territories 
named in such notice ninety days after its receipt by the Secretary-General of the League of Nations. 

3. Any High Contracting Party may, at any time after the expiration of the period of three years mentioned 
in Article 19, declare that he desires that the present Convention shall cease to apply to all or any of his colonies, 
protectorates, overseas territories or territories under suzerainty or mandate and the Convention shall cease to apply 
to the territories named in such declaration six months after its receipt by the Secretary-General of the League of 
Nations. 

4. The Secretary-General of the League of Nations shall communicate to all the Members of the League 
of Nations and the non-member States all declarations and notices received in virtue of this article and the dates of 
their receipt. 

Article 21 

The present Convention shall be registered by the Secretary-General of the League of Nations as soon as it 
has entered into force. 

In faith whereof the above-mentioned Plenipotentiaries have signed the present Convention. 

Done at Geneva, on the twenty-fourth day of September one thousand nine hundred and thirty-one, in a single 
copy which shall be kept in the archives of the Secretariat of the League of Nations and of which certified true copies 
shall be delivered to all the Members of the League of Nations and to the non-member States. 



International Convention for the 
Regulation of Whaling, Washington, 1946 



Done at Washington 2 December 1946 
Entered into force 10 November 1948 
- Depositary: United States 
Primary source citation: 4 Bevans 248, TIAS 1849 



International Convention for the Regulation of Whaling 

The Governments whose duly authorized representatives have subscribed hereto, 

Recognizing the interest of the nations of the world in safeguarding for future generations the great natural 
resources represented by whale stocks; 

Considering that the history of whaling has seen overfishing of one area after another and of one species of 
whale after another to such a degree that it is essential to protect all species of whales from further overfishing; 

Recognizing that the whale stocks are susceptible of natural increases if whaling is properly regulated, and 
that increases in the size of whale stocks will permit increases in the numbers of whales which may be captured 
without endangering these natural resources; 

Recognizing that it is in the common interest to achieve the optimum level of whale stocks as rapidly as possible 
without causing widespread economic and nutritional distress; 

Recognizing that in the course of achieving these objectives, whaling operations should be confined to those 
species best able to sustain exploitation in order to give an interval for recovery to certain species of whales now 
depleted in numbers; 

Desiring to establish a system of international regulation for the whale fisheries to ensure proper and effective 
conservation and development of whale stocks on the basis of the principles embodied in the provisions of the 
International Agreement for the Regulation of Whaling signed in London on June 8, 1937 and the protocols to that 
Agreement signed in London on June 24, 1938 and November 26, 1945; and 

Having decided to conclude a convention to provide for the proper conservation of whale stocks and thus make 
possible the orderly development of the whaling industry; 

Have agreed as follows: 



Article I 

1. This Convention includes the Schedule attached thereto which forms an integral part thereof. All 
references to "Convention" shall be understood as including the said Schedule either in its present terms or as 
amended in accordance with the provisions of Article V. 



Multilateral / Marine Mammals 1401 



2. This Convention applies to factory ships, land stations, and whale catchers under the jurisdiction of the 
Contracting Governments, Eind to all waters in which whaling is prosecuted by such factory ships, land stations, and whale 
catchers. 



Article II 

As used in this Convention 

1. "factory ship" means a ship in which or on which whales are treated whether wholly or in part; 

2. land station" means a factory on the land at which whales are treated whether wholly or in part; 

3. "whsde catcher" means a ship used for the purpose of hunting, taking, towing, holding on to, or scouting for 
whales; 

4. "Contracting Government" means any Government which has deposited an instrument of ratification or 
has given notice of adherence to this Convention. 



Article III 

1. The Contracting Governments agree to establish an International Whaling Commission, hereinafter 
referred to as the Commission, to be composed of one member from each Contracting Government. Each member 
shall have one vote and may be accompanied by one or more experts and advisers. 

2. The Commission shall elect from its own members a Chairman and Vice Chairman and shall determine 
its own Rules of Procedure. Decisions of the Commission shall be taken by a simple majority of those members voting 
except that a three-fourths majority of those members voting shall be required for action in pursuance of Article V. 
The Rules of Procedure may provide for decisions otherwise than at meetings of the Commission. 

3. The Commission may appoint its own Secretary and staff. 

4. The Commission may set up, from among its own members and experts or advisers, such committees as 
it considers desirable to perform such functions as it may authorize. 

5. The expenses of each member of the Commission and of his experts and advisers shall be determined and 
paid by his own Government. 

6. Recognizing that specialized agencies related to the United Nations will be concerned with the conservation and 
development of whale fisheries and the products arising thereft'om and desiring to avoid duplication of functions, the 
Contracting Governments will consult among themselves within two years after the coming into force of this Convention to 
decide whether the Commission shall be brought within the fiamework of a specialized agency related to the United Nations. 

7. In the meantime the Government of the United Kingdom of Great Britain and Northern Ireland shall 
arrange, in consultation with the other Contracting Governments, to convene the first meeting of the Commission, 
and shall initiate the consultation referred to in paragraph 6 above. 

8. Subsequent meetings of the Commission shall be convened as the Commission may determine. 



Article IV 

1. The Commission may either in collaboration with or through independent agencies of the Contracting 
Govenmients or other public or private agencies, establishmente, or organizations, or independently 

(a) encourage, recommend, or if necessary, organize studies and investigations relating to whales Eind whaling; 



1402 The Marine Mammal Commission Compendium 



(b) collect and analyze statistical information concerning the current condition and trend of the whale stocks 
and the effects of whaling activities thereon; 

(c) study, appraise, and disseminate information concerning methods of maintaining and increasing the 
populations of whale stocks. 

2. The Commission shall arrange for the publication of reports of its activities, and it may publish 
independently or in collaboration with the International Bureau for Whaling Statistics at SandeQord in Norway and 
other organizations and agencies such reports as it deems appropriate, as well as statistical, scientific, and other 
pertinent information relating to whales and whaling. 



Article V 

1. The Commission may amend from time to time the provisions of the Schedule by adopting regulations 
with respect to the conservation and utilization of whale resources, fixing (a) protected and unprotected species; 

(b) open and closed seasons; (c) open and closed waters, including the designation of sanctuary areas; (d) size limits 
for each species; (e) time, methods, and intensity of whaling (including the maximum catch of whales to be taken in 
any one season); (f) types and specifications of gear and apparatus and appliances which may be used; (g) methods 
of measurement; and (h) catch returns and other statistical and biological records. 

2. These amendments of the Schedule (a) shall be such as are necessary to carry out the objectives and 
purposes of this Convention and to provide for the conservation, development, and optimum utilization of the whale 
resources; (b) shall be based on scientific findings; (c) shall not involve restrictions on the number or nationality of 
factory ships or land stations, nor allocate specific quotas to any factory ship or land station or to any group of factory 
ships or land stations; and (d) shall take into consideration the interests of the consumers of whale products and the 
whaling industry. 

3. Each of such amendments shall become effective with respect to the Contracting Governments ninety 
days following notification of the amendment by the Commission to each of the Contracting Governments, except 
that (a) if any Government Presents to the Commission objection to any amendment prior to the expiration of this 
ninety-day period, the amendment shall not become effective with respect to any of the Governments for an additional 
ninety days; (b) thereupon, any other Contracting Government may present objection to the amendment at any time 
prior to the expiration of the additional ninety-day period, or before the expiration of thirty days from the date of 
receipt of the last objection received during such additional ninety-day period, whichever date shall be later; and 

(c) thereafter, the amendment shall become effective with respect to all Contracting Governments which have not 
presented objection but shall not become effective with respect to any Government which has so objected until such 
date as the objection is withdrawn. The Commission shall notify each Contracting Government immediately upon 
receipt of each objection and withdrawal and each Contracting Government shall acknowledge receipt of all 
notifications of amendments, objections, and withdrawals. 

4. No amendments shall become effective before July 1, 1949. 



Article VI - 

The Commission may from time to time make recommendations to any or all Contracting Governments on any 
matters which relate to whales or whaling and to the objectives and purposes of this Convention. 



Article VII 

The Contracting Governments shall ensure prompt transmission to the International Bureau for Whaling 
Statistics at Sandefjord in Norway, or to such other body as the Commission may designate, of notifications and statistical 
and other information required by this Convention in such form and manner as may be prescribed by the Commission. 



Multilateral / Marine Mammals 1403 



Article VIII 

1. Notwithstanding anything contained in this Convention, any Contracting Government may grant to any of its 
nationals a special permit authorizing that national to kill, take, and treat whales for purposes of scientific research subject 
to such restrictions as to number and subject to such other conditions as the Contracting Government thinks fit, and the 
kilhng, taking, and treating of whales in accordance with the provisions of this Article shall be exempt fi-om the operation of 
this Convention. Each Contracting Government shall report at once to the Commission all such authorizations which it has 
granted. Each Contracting Government may at any time revoke any such special permit which it has granted. 

2. Any whales taken under these special permits shall so far as practicable be processed and the proceeds 
shall be dealt with in accordance with directions issued by the Government by which the permit was granted. 

3 . Each Contracting Government shall transmit to such body as may be designated by the Commission, insofar 
as practicable, and at intervals of not more than one year, scientific information available to that Government with respect 
to whales and whaling, including the results of research conducted pursuant to paragraph 1 of this Article and to Article IV. 

4. Recognizing that continuous collection and analysis of biological data in connection with the operations 
of factory ships and land stations are indispensable to sound and constructive management of the whale fisheries, 
the Contracting Governments will take all practicable measures to obtain such data. 



Article IX 

1. Each Contracting Government shall take appropriate measures to ensure the application of the provisions 
of this Convention and the punishment of infractions against the said provisions in operations carried out by persons 
or by vessels under its jurisdiction. 

2. No bonus or other remuneration calculated with relation to the results of their work shall be paid to the 
gunners and crews of whale catchers in respect of any whale the taking of which is forbidden by this Convention. 

3. Prosecution for infractions against or contraventions of this Convention shall be instituted by the 
Government having jurisdiction over the offense. 

4. Each Contracting Government shall transmit to the Commission full details of each infi-action of the 
provisions of this Convention by persons or vessels under the jurisdiction of that Government as reported by its inspectors. 
This information shall include a statement of measures taken for dealing with the infraction and of penedties imposed. 



Article X 

1. This Convention shall be ratified and the instruments of ratification shall be deposited with the 
Government of the United States of America. 

2. Any Government which has not signed this Convention may adhere thereto after it enters into force by 
a notification in writing to the Government of the United States of America. 

3. The Government of the United States of America shall inform all other signatory Governments and all 
adhering Governments of all ratifications deposited and adherences received. 

4. This Convention shall, when instruments of ratification have been deposited by at least six signatory 
Governments, which shall include the Governments of the Netherlands, Norway, the Union of Soviet Socialist 
Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, enter into 
force vrith respect to those Governments and shall enter into force with respect to each Government which 
subsequently ratifies or adheres on the date of the deposit of its instrument of ratification or the receipt of its 
notification of adherence. 



1404 The Marine Mammal Commission Compendium 



5. The provisions of the Schedule shall not apply prior to July 1, 1948. Amendments to the Schedule adopted 
pursuant to Article V shall not apply prior to July 1, 1949. 



■■.•-:?" .-•i:.-.- ArticleXI 

Any Contracting Government may withdraw from this Convention on June thirtieth of any year by giving 
notice on or before January first of the same year to the depositary Government, which upon receipt of such a notice 
shall at once communicate it to the other Contracting Governments. Any other Contracting Government may, in like 
manner, within one month of the receipt of a copy of such a notice from the depositary Government, give notice of 
withdrawal, so that the Convention shall cease to be in force on June thirtieth of the same year with respect to the 
Government giving such notice of withdrawal. 

This Convention shall bear the date on which it is opened for signature and shall remain open for signature 
for a period of fourteen days thereafter. 

In witness whereof the undersigned, being duly authorized, have signed this Convention. 

Done in Washington this second day of December 1946, in the English language, the original of which shall 
be deposited in the archives of the Government of the United States of America. The Government of the United States 
of America shall transmit certified copies thereof to all the other signatory and adhering Governments. 



Schedule 

1. (a) There shall be maintained on each factory ship at least two inspectors of whaling for the purpose of 
maintaining twenty-four hour inspection. These inspectors shall be appointed and paid by the Government having 
jurisdiction over the factory ship. 

(b) Adequate inspection shall be maintained at each land station. The inspectors serving at each land 
station shall be appointed and paid by the Government having jurisdiction over the land station. 

2. It is forbidden to take or kill gray whales or right whales, except when the meat and products of such 
whales are to be used exclusively for local consumption by the aborigines. 

3. It is forbidden to take or kill calves or suckling whale or female whales which are accompanied by calves 
or suckling whales. 

4. It is forbidden to use a factory ship or a whale catcher attached thereto for the purpose of taking or treating 
baleen whales in any of the following areas: 

(a) in the waters north of 66° North Latitude except that from 150° East Longitude eastward as far as 140° 
West Longitude the taking or killing of baleen whales by a factory ship or whale catcher shall be permitted between 
66° North Latitude and 72° North Latitude; 

(b) in the Atlantic Ocean and its dependent waters north of 40° South Latitude; 

(c) in the Pacific Ocean and its dependent waters east of 150° West Longitude between 40° South Latitude 
and 35° North Latitude; 

(d) in the Pacific Ocean and its dependent waters west of 150° West Longitude between 40° South Latitude 
and 20° North Latitude; 

(e) in the Indian Ocean and its dependent waters north of 40° South Latitude. 

5. 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 40° South Latitude from 70° West Longitude westward as far as 160° West Longitude. 



Multilateral / Marine Mammals 1405 



6. 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 40° South Latitude. 

7. (a) It is forbidden to use a factory ship or a whale catcher attached thereto for the purpose of taking or 
treating baleen whales in any vaters south of 40° South Latitude, except during the period from December 15 to 
April 1 following, both days inclusive. 

(b) Notwithstanding the above prohibition of treatment during a closed season, the treatment of whales 
which have been taken during the open season may be completed after the end of the open season. 

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 sixteen thousand blue-whale units. 

(b) For the purposes of subparagraph (a) of this paragraph, blue-whale units shall be calculated on the basis 
that one blue whale equals: 

(1) two fin whales or 

(2) two and a half humpback whales or 

(3) six sei whales. 

(c) Notification shall be given in accordance with the provisions of Article VII of the Convention, within two 
days after the end of each calendar week, of data on the number of blue-whale units taken in any waters south of 40° 
South Latitude by all whale catchers attached to factory ships under the jurisdiction of each Contracting Government. 

(d) If it should appear that the maximum catch of whales permitted by subparagraph (a) of this paragraph 
may be reached before April 1 of any year, the Commission, or such other body as the Commission may designate, 
shall determine, on the basis of the data provided, the date on which the maximum catch of whales shall be deemed 
to have been reached and shall notify each Contracting Government of that date not less than two weeks in advance 
thereof The taking of baleen whales by whale catchers attached to factory ships shall be illegal in any waters south 
of 40° South Latitude after the date so determined. 

(e) Notification shall be given in accordance with the provisions of Article VII of the Convention of each 
factory ship intending to engage in whaling operations in any waters south of 40° South Latitude. 

9. It is forbidden to take or kill any blue, fin, sei, humpback, or sperm whales below the following lengths: 

(a) blue whales 70 feet (21.3 meters) 

(b) fin whales 55 feet (16.8 meters) 

(c) sei whales 40 feet (12.2 meters) 

(d) humpback whales 35 feet (10.7 meters) 

(e) sperm whales 35 feet (10.7 meters) 

except that blue whales of not less than 65 feet (19.8 meters), fin whales of not less than 50 feet (15.2 meters), and 
sei whales of not less than 35 feet (10.7 meters) 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. 

Whales must be measured when at rest on deck or platform, as accurately as possible by means of a steel tape 
measure fitted at the zero end with a spiked handle which can be stuck into the deck planking abreast of one end of 
the whale. The tape measure shall be stretched in a straight line parallel with the whale's body and read abreast the 
other end of the whale. The ends of the whale, for measurement purposes, shall be the point of the upper jaw and the 
notch between the tail flukes. Measurements, after being accurately read on the tape measure, shall be logged to the 
nearest foot: that is to say, any whale between 75'6" and 76'6" shall be logged as 76', and any whale between 76'6" 
and 77'6" shall be logged as 77'. The measurement of any whale which falls on an exact half foot shall be logged at 
the next half foot, e.g. 76'6" precisely, shall be logged as 77'. 

10. It is forbidden to use a land station or a whale catcher attached thereto for the purpose of taking or 
treating baleen whales in any area or in any waters for more than six months in any period of twelve months, such 
period of six months to be continuous. 



1406 The Marine Mammal Commission Compendium 



11. It is forbidden to use a factory ship, which has been used during a season in any waters south of 40° 
South Latitude for the purpose of treating baleen whales, in any other area for the same purpose within a period of 
one year from the termination of that season. 

12. (a) All whales taken shall be delivered to the factory ship or land station and all parts of such whales 
shall be processed by boiling or otherwise, except the internal organs, whale bone and flippers of all whales, the meat 
of sperm whales and of parts of whales intended for human food or feeding animals. 

(b) Complete treatment of the carcasses of "Dauhval" and of whales used as fenders will not be required in 
cases where the meat or bone of such whales is in bad condition. 

13. 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 carcass (except of a whale used as a fender) shall remain in the 
sea for a longer period than thirty- three hours from the time of killing to the time when it is taken up on to the deck 
of the factory ship for treatment. All whale catchers engaged in taking whales must report by radio to the factory 
ship the time when each whale is caught. 

14. Gunners and crews of factory ships, land stations, and whale catchers shall be engaged on such terms 
that their remuneration shall depend to a considerable extent upon such factors as the species, size, and yield of 
whales taken, and not merely upon the number of the whales taken. No bonus or other remuneration shall be paid 
to the gunners or crews of whale catchers in respect of the taking of milk-filled or lactating whales. 

15. Copies of all official laws and regulations relating to whales and whaling and changes in such laws and 
regulations shall be transmitted to the Commission. 

16. Notification shall be given in accordance with the provisions of Article VII of the Convention with regard 
to all factory ships and land stations of statistical information (a) concerning the number of whales of each species 
taken, the number thereof lost, and the number treated at each factory ship or land station, and (b) as to the aggregate 
amounts of oil of each grade and quantities of meal, fertilizer (guano), and other products derived from them, together 
with (c) particulars viath respect to each whale treated in the factory ship or land station as to the date and 
approximate latitude and longitude of taking, the species and sex of the whale, its length and, if it contains a foetus, 
the length and sex, if ascertainable, of the foetus. The data referred to in (a) and (c) above shall be verified at the 
time of the tally and there shall also be notification to the Commission of any information which may be collected or 
obtained concerning the calving grounds and migration routes of whales. 

In communicating this information there shall be specified: 

(a) the name and gross tonnage of each factory ship; 

(b) the number and aggregate gross tonnage of the whale catchers; • i 

(c) a list of the land stations which were in operation during the period concerned. 

17. Notwithstanding the definition of land station contained in Article II of the Convention, a factory ship 
operating under the jurisdiction of a Contracting Government, and the movements of which are confined solely to 
the territorial waters of that Government, shall be subject to the regulations governing the operation of land stations 
within the following areas: ■ ' :- ■'■'■■'- , : : 

(a) on the coast of Madagascar and its dependencies, and on the west coasts of French Africa; 

(b) on the west coast of Australia in the area known as Shark Bay and northward to Northwest Cape and 
including Exmouth Gulf and King Gteorge's Sound, including the port of Albany; and on the east coast of Australia, 
in Twofold Bay and Jervis Bay. 

18. The following expressions have the meanings respectively assigned to them, that is to say: 
"baleen whale" means any whale other than a toothed whale; 

-' "Tjlue whale" means any whale known by the name of blue whale, Sibbald's rorqual, or sulphur bottom; 



Multilateral / Marine Mammals 1407 



"fin whale" means any whale known by the name of common finback, common rorqual, finback, finner, fin 
whale, herring whale, razorback, or true fin whale; 

'sei whale" means any whale known by the name of Balaenoptera borealis, sei whale, Rudolphi's rorqual, 
pollack whale, or coalfish whale, and shall be taken to include Balaenoptera brydei, Bryde's whale; 

"gray whale" means any whale known by the name of gray whale, California gray, devil fish, hard head, mussel 
digger, gray back, rip sack; 

"humpback whale" means any whale known by the name of bunch, humpback, humpback whale, humpbacked 
whale, hump whale, or hunchbacked whale; 

"right whale" means any whale known by the name of Atlantic right whale, Arctic right whale, Biscayan right 
whale, bowhead, great polar whale, Greenland right whale, Greenland whale, Nordkaper, North Atlantic 
right whale. North Cape whale. Pacific right whale, pigmy right whale. Southern pigmy right whale, or 
Southern right whale; 

"sperm whale" means any whale known by the name of sperm whale, spermacet whale, cachalot, or pot whale; 

"Dauhval" means any unclaimed dead whale found floating. 



Protocol to the International 

Convention for the Regulation of 

Whaling, Washington, 1956 



Done at Washington 19 November 1956 

Entered into force 4 May 1959 

Primary source citation: 10 UST 952, TIAS 4228 



PROTOCOL TO THE INTERNATIONAL CONVENTION FOR THE 

REGULATION OF WHALING SIGNED AT WASHINGTON 

UNDER DATE OF DECEMBER 2, 1946 

The Contracting Governments to the International Convention for the Regulation of Whaling signed at Washington 
under date of December 2, 1946, which Convention is hereinafter referred to as the 1946 Whaling Convention, desiring 
to extend the application of that Convention to helicopters and other aircraft and to include provisions on methods of 
inspection among those Schedule provisions which may be amended by the Commission, agree as follows: 



Article I 

Subparagraph 3 of Article II of the 1946 Whaling Convention shall be amended to read as follows; 

"3. 'whale catcher' means a helicopter, or other aircraft, or a ship, used for the purpose of hunting, 
taking, killing, towing, holding on to, or scouting for whales." 

Article II 

Paragraph 1 of Article V of the 1946 Whaling Convention shall be amended by deleting the word "and" 
preceding clause (h), substituting a semicolon for the period at the end of the paragraph, and adding the following 
language: "and (i) methods of inspection". 

Article III 

1. This Protocol shall be open for signature and ratification or for adherence on behalf of any Contracting 
Government to the 1946 Whaling Convention. 

2. This Protocol shall enter into force on the date upon which instruments of ratification have been deposited 
with, or written notifications of adherence have been received by, the Government of the United States of America 
on behalf of all the Contracting Governments to the 1946 Whaling Convention. 



1408 



Multilateral / Marine Mammals 1409 



3. The Government of the United States of America shall inform all Governments signatory or adhering to 
the 1946 Whaling Convention of all ratifications deposited and adherences received. 

4. This Protocol shall bear the date on which it is opened for signature and shall remain open for signature 
for a period of fourteen days thereafter, following which period it shall be open for adherence. 

In witness whereof the undersigned, being duly authorized, have signed this Protocol. 

Done in Washington this nineteenth day of November 1956, in the English language, the original of which shall 
be deposited in the archives of the Government of the United States of America. The Government of the United States 
of America shall transmit certified copies thereof to all Governments signatory or adhering to the 1946 Whaling 
Convention. 



Amendments to the Schedule to the 

International Convention for the 
Regulation of Whaling, London, 1949 



Done at London 7 June 1949 

Entered into force 11 October 1949 except for those 
Amendments which entered into force 11 January 1950 

Primary source citation: 1 UST 506, TIAS 2092 



INTERNATIONAL WHALING COMMISSION 

Ministry of Agriculture and Fisheries, 

Fisheries Department, 

St. Stephen-s House, 

Victoria Embankment, 

London. S. W. 1 

Ttelephone: WHITEHALL 3201 

Chairman: PROFESSOR B. BERGERSEN (NORWAY) 

Vice-chairman: Dr. REMINGTON KELLOGG (U.S.A.) 

Secretary: A. T A. DOBSON (U.K) 



15th November, 1949 



Amendments to the Schedule ■ 

' to the International Whaling 

Convention 1946 

I hereby certify that, at its first meeting, held in London in May/June 1949, the International Whaling 
Commission, by resolution, made the following amendments to the Schedule to the International Whaling Convention 
signed in Washington in 1946. 

Paragraph 6. At the end of the paragraph add the following words:-Trovided that in each of the pelagic whaling 
seasons 1949/50 and 1950/51 a maximum of 1250 humpback whales may be taken in these waters." 

Paragraph 7 (a). Omit words "15th December to 1st April" in fourth line and insert the words "22nd December 
to 7th April." 

(Note. This amendment involves a consequential amendment in para . 8 (d) where the words 7th April should 
be substituted for 1st April). 

Paragraph 10. Delete and in place insert the following new Paragraph 10:- 



Multilateral / Marine Mammals 1411 



"10. (a) It is forbidden to use a land station under the jurisdiction of a Contracting Government, and whale 
catchers attached to such land station, for the purpose of taking or treating baleen whales except as permitted by 
the Contracting Government in accordance with sub-paragraph (b) of this paragraph." 

"(b) Each Contracting Government shall declare for all land stations under its jurisdiction, and whale catchers 
attached to such land stations, one open season during which the taking or treating of baleen whales shall be 
permitted. Such open season shall be for a period of not more than six consecutive months in any period of twelve 
months and shall apply to all land stations under the jurisdiction of a Contracting Government; provided that a 
separate open season may be declared for any land station used for the taking or treating of baleen whales which is 
more than 1000 miles from the nearest land station used for the taking or treating of baleen whales under the 
jurisdiction of the same Contracting Government." 

"(c) Notwithstanding the prohibition in sub-paragraph (a) of this paragraph, the treatment of whales which 
have been taken during an open season may be completed after the end of such open season." 

"(d) The prohibitions contained in this paragraph shall apply to all land stations as defined in Article II of the 
Whaling Convention of 1946 and to all factory ships which are subject to the regulations governing the operation of 
land stations under the provisions of paragraph 17 of this Schedule." 

And I hereby further certify that these amendments were communicated to each and every Contracting 
Government by letter on 25th June, 1949, and, no objections having been received, came into force on 11th October, 
1949, the 90 days following the notification of the amendments to each Contracting Government, as prescribed by 
Article V of the International Whaling Convention 1946, being deemed to have expired on 10th October, 1949. 

A. T. A. DoBsoN 

Secretary, 

International Whaling Commission. 



INTERNATIONAL WHALING COMMISSION 

Ministry of Agriculture and Fisheries. 

Fisheries Department, 

St. Stephens House, 

Victoria Embankment. 

London, S. W. 1 

Ttelephone: WHITEHALL 3201 

Chairman: PROFESSOR B. BERGERSEN (NORWAY) 

Vice-chairman: Dr. REMINGTON KELLOGG (U.S.A.) 

Secretary: k.T.k. DOBSON (U.K) 

2 February, 1950 

Amendment to the Schedule to the 
International Whaling Convention 1946 

I hereby certify that, at its first meeting, held in London in May/June 1949, the International Whaling 
Commission, by resolution made the following amendment to the Schedule to the International Whaling Convention 
signed in Washington in 1946. 

The following new paragraph 17 is substituted for the existing paragraph 17 of the Schedule to the Convention 
aforesaid: — 

"17 (a) A factory ship which operates solely within territorial waters in one of the areas specified in 
sub-paragraph (c) of this paragraph, by permission of the Government having jurisdiction over those waters, and 



1412 The Marine Mammal Commission Compendium 



which flies the flag of that Government shall, while so operating, be subject to the regulations governing the operation 
of land stations and not to the regulations governing the operation of factory ships. 

(b) Such factory ship shall not, within a period of one year from the termination of the season in which she 
so operated, be used for the purpose of treating baleen whales in any of the other areas specified in sub-paragraph (c) 
of this paragraph or south of 40 degrees South latitude. 

(c) The areas referred to in sub-paragraphs (a) and (b) are:- 

1) On the coast of Madagascar and its dependencies: • i ; ■ - 

2) On the west coast of French Africa: 

3) On the coasts of Australia, namely on the whole of the east coast and on the west coast in the area 
known as Shark Bay and northward to Northwest Cape and including Exmouth Gulf and King George's Sound, 
including the Port of Albany." 

And I hereby certify that this amendment was communicated to each and every contracting government by 
letter dated 25th June, 1949. Before the expiration of the 90 days period provided for in Article V (3) of the 
International Whaling Convention of 1946, the French Government registered an objection to the coming into force 
of this amendment. No other contracting Government registered a similar objection, nor did the French Government 
withdraw their objection, so that, at the expiration of the further 90 days period provided for in Article V (3) of the 
1946 Convention viz. 10th January, 1950, this amendment c£ime into force as from 11th January, 1950, in respect of 
all Contracting Governments, except France . 

A. T. A. DoBsoN 
.;,;,, • ,. . Secretary, 

International Whaling Commission. 



Amendments to the Schedule to the 
International Convention for the 
Regulation of Whaling, Oslo, 1950 



Done at Oslo 21 July 1950 

Entered into force 1 November 1950 

Primary source citation: 2 UST 11, TIAS 2173 



AMENDMENTS TO THE SCHEDULE TO THE 
INTERNATIONAL WHALING CONVENTION, 1946 

As made at the second meeting of the Commission at Oslo, 1950 

I hereby certify that, at its second meeting, held in Oslo in July, 1950, the International Whaling Commission, 
by resolution, made the following amendments to the Schedule to the International Whaling Convention signed in 
Washington on 2nd December, 1946. 

(a) Paragraph 6 of the Schedule shall read as follows:- 

"6. 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 40° South Latitude; provided that, in the pelagic whaling 
season 1950-51 a maximum of 1,250 humpback whales may be taken in these waters commencing on February 
1." 

(b) Paragraph 8 (c) of the Schedule shall read as foUows:- 

"8 (c). Notification shall be given in accordance with Article VII of the Convention, within two days after 
the end of each calendar week, of data on the number of blue-whale units taken in any waters south of 40° 
South Latitude by all whale catchers attached to factory ships under the jurisdiction of each Contracting 
Government; and in addition notification of data on the number of humpback whales taken in pursuance of 
paragraph 6 shall be given at the end of each day." 

(c) Paragraph 8 (d) shall read as follows:- 

"8 (d). If it should appear that the maximum catch of whales permitted by sub-paragraph (a) of this 
paragraph may be reached before 7th April, of any year, the Commission, or such other body as the Commission 
may designate, shall determine on the basis of the data provided, the date on which the maximum catch of 
whales shall be deemed to have been reached and shall notify each Contracting Government of that date not 
less than two weeks in advance thereof The taking of baleen whales by whale catchers attached to factory 
ships shall be illegal in any waters south of 40° South Latitude after midnight of the date so determined." 

(d) Existing paragraph 8 (e) shall be redesignated as paragraph 8 CD and a new subparagraph (e) shall be 
inserted as foUows:- 



1413 



1414 The Marine Mammal Commission Compendium 



"8 (e). On the basis of data on number of humpback whales taken in accordance with the provisions of 
paragraph 6 and reported in accordance with subparagraph 8 (c), the Commission, or such other body as the 
Commission may designate, shall determine the date on which the maximum catch of humpback whales shall 
be deemed to have been reached and shall notify each factory ship and each Contracting Government four days 
in advance thereof. The taking of humpback whales in all waters south of 40° South Latitude shall be illegal 
after midnight of the date so determined." 

And I hereby further certify that these amendments were communicated to each and every Contracting 
Government by letter dated 27th July, 1950, and, no objections having been received, came into force on 1st November, 
1950, the 90 days foUowdng the notification of the amendments to each Contracting Government, as prescribed by 
Article V of the International Whaling Convention 1946, being deemed to have expired on 31st October, 1950 at 
midnight, 24 hours. 



12 December, 1950 



A. T A. DOBSON 

Secretary, 

International Whaling Commission 



Amendments to the Schedule to the 

International Convention for the 

Regulation of Whaling, Cape Town, 1951 



Done at Cape Town 27 July 1951 

Entered into force 18 November 1951 except for those 
Amendments which entered into force 21 February 1952 

Primary source citation: 3 UST 2999, TLAS 2486 



INTERNATIONAL WHALING COMMISSION 

Ministry of Agriculture and Fisheries 

Fisheries Department, 

St. Stephen's House, 

Victoria Embankment, 

London, S. W. 1 

Ifelephone: WHItehall 3201 

Chairman: 

PROFESSOR B. BERGERSEN (NORWAY) 

Vice-Chairman: 

Dr. REMINGTON KELLOGG (U.S.A.) 

Secretary: 

A. T. A. DOBSON (U.K.) 



19 Nov. 1951 



The Hon. 

The Secretary of State of the United States. 



Our Ref. AS.ni 



Sm, 



Circular letter to all Contracting Governments 
Alterations to the Schedule 



I beg to refer to my circular on the above subject dated 9th August, 1951 and numbered as above, and to remind 
you that the 90 day period referred to in Article V of the International Whaling Convention of 1946 was deemed to 
expire at midnight (2400 hours) on Saturday, 17th November, 1951 (vide penultimate paragraph of my circular 
referred to). 

On November 13th I received an objection from the Government of Australia to the proposed amendment, 
subparagraph 10 (c) (relating to sperm whales) in the list of amendments to the Schedule which accompanied my 



1416 The Marine Mammal Commission Compendium 



letter of 9th August, 1951, as amended by my circulars of 3rd September and 24th September, 1951. No other 
objections have been received to any of the other amendments referred to. The position is, therefore, as foUows:- 

The amendments referred to accordingly automatically came into force as from November 18th, 1951, with 
the sole exception of subparagraph 10 (c) (relating to sperm whales) to which the Australian objection has been 
directed. 

Under Article V (3) of the International Whaling Convention of 1946 already referred to, the subpara- 
graph 10 (c) cannot become effective until the expiration of a further period of 90 days which shall be deemed to have 
expired on 20th February, 1952 to allow for postal delays. 

A further communication will be addressed to you with regard to this particular amendment, as soon as the 
further 90 day period has expired. 

In the meantime a further copy of all the amendments (including the one, 10 (c), objected to) is enclosed for 
your convenience. 

I am. Sir, 

Your obedient servant. 



A. T. A. DoBSON 

Secretary to the Commission 



M. ^^ ^ ^ 



International Whaling Commission 

International Convention for the Regulation of Whaling, 1946 

List of the amendments to the Schedule to the Convention made by the International Whaling Commission at their 
Third Meeting held at Cape Town in July, 1951 

1) Paragraph 6 . 

The words "for baleen whales 1952" shall be substituted for the figures "1950/51" . The whole paragraph will 
therefore read:- 

"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 40° South Latitude; provided that in the pelagic whaling season for baleen 
whales 1952 a maximum of 1250 humpback whales may be taken in these waters commencing on February 1st." 

2) Paragraph 7 . 

In subparagraph (a) the words ''2nd January" shall be substituted for the words "22nd December." 

The whole subparagraph will therefore read:- 

"It is forbidden to use a factory ship or a whale catcher attached thereto for the purpose of taking or treating 
baleen whales in any waters south of 40° South Latitude, except during the period from 2nd January, to 7th April 
following, both days inclusive." 

3) Paragraph 7 (continued). >,.,,,■;,<,,,■',•.,. 

The present subparagraph (b) shall be re-designated subparagraph (c) and a new subparagraph (b) shall be 
inserted as follows:- 



Multilateral / Marine Mammals 1417 



"(b) Each Contracting Glovemment shall declare for all factory ships and whale catchers attached thereto under 
its jurisdiction, one continuous open season not to exceed eight months out of any period of twelve months during 
which the taking or treating of sperm whales by factory ships may be permitted; provided that a separate open season 
may be declared for each factory ship". 

4) Paragraph 8 . 

In subparagraph (c) after the words "in pursuance of paragraph 6", there shall be inserted the words "including 
nil returns on days when no humpback whales zire taken ". 

In subparagraph (e) of the same paragraph the words "three days" shall be substituted for the existing words 
"four days" in the sixth line. 

5) Paragraph 9 . 

The first subparagraph shall be cancelled, and the following subparagraphs containing some new matter shall 
be substituted:- 

"9 (a) It is forbidden to take or kill any blue, sei or humpback whales below the followdng lengths:- 

Blue whales 70 feet (21.3 metres) 
Sei whales 40 feet (12.2 metres) 
Humpback whales 35 feet (10.7 metres) 

except that blue whales of not less than 65 feet (19.8 metres) and sei whales of not less than 35 feet (10.7 metres) in 
length may be taken for dehvery to land stations, provided that the meat of such whales is to be used for local 
consumption as human or animal food. 

(b) It is forbidden to take or kill any fin whales below 60 feet (18.3 metres) in length for dehvery to factory 
ships or land stations in the Southern Hemisphere, and it is forbidden to take or kill fin whales below 
55 feet (16.8 metres) for delivery to factory ships or land stations in the Northern Hemisphere; except 
that fin whales of not less than 55 feet (16.8 metres) may be taken for delivery to land stations in the 
Southern Hemisphere and fin whales of not less than 50 feet (15.2 metres) may be taken for delivery to 
land stations in the Northern Hemisphere provided in each case that the meat of such whales is to be 
used for local consumption as human or animal food. 

(c) It is forbidden to take or kill any sperm whales below 38 feet (11.6 metres) in length, except that sperm 
whales of not less than 35 feet (10.7 metres) in length may be taken for dehvery to land stations." 

The existing second subparagraph of paragraph 9 beginning "Whales must be measured" shall be 
numbered (d). 



This shall read as follows, new matter in existing subparagraphs being underlined, and subparagraphs (c) and 
(d) being new:- 

"10 (a) It is forbidden to use a land station under the jurisdiction of a Contracting Government, and whale 
catchers attached to such land station, for the taking of or treating of baleen and sperm whales, except as 
permitted by the Contracting Government in accordance with subparagraphs (b), (c) and (d) of this paragraph. 

10 (b) Each Contracting Government shall declare for all land stations under its jurisdiction, and whale 
catchers attached to such land stations, one open season during which the taking or treating of baleen 
(excluding minke) whales shall be permitted. Such open season shall be for a period of not more than six 
consecutive months in any period of twelve months and shall apply to all land stations under the jurisdiction 
of a Contracting Government, provided that a separate open season may be declared for any land station used 
for the taking or treating of baleen (excluding minke) whales which is more than 1000 miles from the nearest 
land station used for the taking or treating of baleen (excluding minke) whales under the jurisdiction of the 
same Contracting Government. 



1418 The Marine Mammal Commission Compendium 



(c) Each Contracting Government shall declare for all land stations under its jurisdiction and for whale 
catchers attached to such land stations, one open season not to exceed eight continuous months in any one 
period of twelve months, during which the taking or treating of sperm whales shall be permitted, such period 
of eight months to include the whole of the period of six months declared for baleen whales as provided for in 
subparagraph (b) above; provided that a separate open season may be declared for any land station used for 
the taking or treating of sperm whales which is more than 1000 miles from the nearest land station used for 
the taking or treating of sperm whales under the jurisdiction of the same Contracting Government. 

(d) Each Contracting Government shall declare for all land stations under its jurisdiction and for all 
whale catchers one open season not to exceed six continuous months in any period of twelve months during 
which the taking or treating of minke whales shall be permitted, (such period not being necessarily concurrent 
with the period declared for other baleen whales, as provided for in subparagraph (b) above); provided that a 
separate open season may be declared for any land station used for the taking or treating of minke whales 
which is more than 1000 miles from the nearest land station used for the taking or treating of minke whales 
under the jurisdiction of the same Contracting Government. 

(e) Notwithstanding the provisions of subparagraphs (a), (b), (c) and (d) of this paragraph, the treatment 
of whales which have been taken during an open season may be completed after the end of such open season. 

(f) The prohibitions contained in this paragraph shall apply to all land stations as defined in Article 11 
of the Whaling Convention of 1946 and to all factory ships which are subject to the regulations governing the 
operation of land stations under the provisions of paragraph 17 of this Schedule." 

7) Paragraph 12 . 

In subparagraph (a), after the opening words "all whales" shall be inserted the words " (except minke whales )". 

8) Paragraph 13 . 

This shall be omitted and the following new paragraph 13 shall be substituted, new matter being underlined:- 

"13 (a) 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 carcass (except of a whale used as a fender, which 
; . shall be processed as soon as is reasonably practicable) shall remain in the sea for a longer period than 

thirty-three hours from the time of killing to the time when it is hauled up for treatment . 

(b) Whales taken by all whale catchers, whether for factory ships or land stations, shall be clearly marked 
so as to identify the catcher and to indicate the order of catching. 

(c) All whale catchers operating in conjunction wdth a factory ship shall report by radio to the factory 
ship : 

(1) The time when each whale is taken, 
. ^. 'i'; (2) its species, and 

(3) its marking effected pursuant to subparagraph (b) of this paragraph . 

(d) The information reported by radio pursuant to subparagraph (c) of this paragraph shall be entered 
■T ,. immediately in a permanent record which shedl be available at all times for examination by the whaling 

inspectors; and in addition there shall be entered in such permanent record the foUovying information as 
soon as it becomes available: 

'" ■ (1) time of hauling up for treatment , 

(2) length, measured pursuant to subparagraph (d) of paragraph 9, 
■I ■ (3) sex. 



Multilateral / Marine Mammals 1419 

(4) if female, whether milk-filled or lactating, 

(5) length and sex of foetus, if present, and 

(6) a full explanation of each infraction. 

(e) A record similar to that described in subparagraph (d) of this paragraph shall be maintained by land 
stations, and all of the information mentioned in the said subparagraph shall be entered therein as soon 
as available ." 

9) Paragraph 18 

This paragraph shall be omitted and the following new revised clause 18 shall be substituted for it:- 

"18. The following expressions have the meanings respectively assigned to them, that is to say:- 

Ijaleen whale' means any whale which has baleen or whale bone in the mouth, i. e. any whale other 
than a toothed whale. 

Tjlue whale' (Balaenoptera or Sibbaldus musculus) means any whale known by the name of blue whale, 
Sibbald's rorqual, or sulphur bottom, 

'dauhval' means any unclaimed dead whale found floating, 

'fin whale' (Balaenoptera physalus) means any whale known by the name of common finback, common 
rorqual, finback, finner, fin whale, herring whale, razorback, or true fin whale, 

'gray whale' (Rhachianectes glaucus) means any whale known by the name of gray whale, California 
gray, devil fish, hard head, mussel digger, gray back or rip sack, 

"humpback whale' (Megaptera nodosa or novaeangliae) means any whale known by the name of bunch, 
humpback, humpback whale, humpbacked whale, hump whale or hunchbacked whale, 

'minke whale' (Balaenoptera acutorostrata, B. davidsoni, B. huttoni) means any whale known by the 
name of lesser rorqual, little piked whale, minke whale, pike-headed whale or sharp headed finner, 

'right whale' (Balaena mysticetus; Eubalaena glacialis, E. australis , etc; Neobalaena marginata ) means 
any whale known by the name of Atlantic right whale, Arctic right whale, Biscayan right whale, bowhead, 
great polar whale, Greenland right whale, Greenland whale, Nordkaper, North Atlantic right whale, North 
Cape whale, Pacific right whale, pigmy right whale. Southern pigmy right whale, or Southern right whale, 

'sei whale' (Balaenoptera borealis) means any whale known by the name of sei whale, Rudolphi's rorqual, 
pollack whale, or coalfish whale and shall be taken to include Bryde's whale (B. brydei), 

'sperm whale' ( Physetercatodon) means any whale known by the name of sperm whale, spermacet whale, 
cachalot, or pot whale, 

'toothed whale' means any whale which has teeth in the jaws." 



I hereby certify that the preceding list is a true copy of the amendments to the Schedule to the International 
Convention for the Regulation of Whaling, 1946, made by the International Whaling Commission at their Third 
Meeting, at Cape Town, in July, 1951. These amendments were communicated to each Contracting Government in 
a circular dated 9th August, 1951 (as amended by circulars dated 3rd September and 24th September, 1951). The 
90 days referred to in Article V of the 1946 Convention was deemed to have expired at midnight (24 hours) on 
17th November, 1951 and the only objection received was one by the Australian Government, to the inclusion of 
subparagraph 10 (c) relating to an open season for sperm whales. Accordingly, all the amendments, with the exception 
of 10 (c), came into operation as from 18th November, 1951, but 10 (c) cannot become effective with respect to any 



1420 The Marine Mammal Commission Compendium 



Contracting Government, until the expiration of a further 90 days, which will be deemed to have taken place on 20th 
February, 1952. 



19th November, 1951. 



A. T. A. DoBsoN 

Secretary to the Commission. 



INTERNATIONAL WHALING COMMISSION 

Ministry of Agriculture And Fisheries, 

Fisheries Department, 

St. STEPHEN'S House, ■: 

Victoria Embankment, London, S. W. 1 

Telephone: WHITEHALL 320 1 

Chairman: 

PROFESSOR B. BERGERSEN (NORWAY) 

Vice-Chairman: 

Dr. REMINGTON KELLOGG (U.S.A.) - 

Secretary: 

A. T A. DOBSON (U.K.) 



21 February 1952 



The Hon 

The Secretary of State. 



Our Ref. AS.III 



Circular letter to all Contracting Governments 
Alterations to the Schedule 



Sm, 



I beg to refer to my circular on the above subject, dated 19th November, 1951, and to remind you that the 
further 90 day period referred to therein (Article V of the International Whaling Convention of 1946) was deemed to 
expire on 20th February 1952 (vide fourth paragraph of the circular in question). 

I am now to inform you that, during the 90 day period referred to, no objection has been received from any 
other Contracting Government to subparagraph 10 (c) of the amendments to the Schedule made by the Commission 
at their meeting at Cape Tawn. On the other hand, the Government of Australia has not been able to withdraw its 
objection. It follows, therefore, that the new subparagraph 10 (c) is now binding, as from the date of this letter, upon 
all Contracting Governments, with the exception of AustraUa. 

A fresh copy of the Convention, with the Schedule showing the amendments made at the third meeting, and 
with the necessary revision of the Index is with the Printers and will be distributed as soon as possible. 

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 



Amendments to the Schedule to the 

International Convention for the 
Regulation of Whaling, London, 1952 



Done at London 6 June 1952 

Entered into force 12 September 1952 

Primary source citation: 3 UST 5094, TIAS 2699 



INTERNATIONAL WHALING COMMISSION 

Ministry of Agriculture and Fisheries, 

Fisheries Department, 

3, Whttehall Place, 

London, S. W. 1. 

Telephone: TRAfalgar: 7711 

Chairman: 

Dr. REMINGTON KELLOGG (U.S.A.) 

Secretary: 

A. T A. DOBSON (U.K.) 



International Whaling Convention, 1946 



24th September, 1952 



Amendments made by the International Whaling Commission (at their fourth Annual Meeting in London, 
June 1952) to the Schedule to the International Convention for the Regulation of Whaling 1946. These amendments 
came into effect on 12th September, 1952. 

(1) Paragraph 6 will read as follows, the underlined words being new:- 

"6 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 40° south latitude; provided that in the pelagic whaling 
season for baleen whales 1953 the taking of humpback whales shall be permitted on the 1st, 2nd and 3rd 
February and if the number of humpback whales taken on those three days is less than 1,250, the International 
Bureau of Whaling Statistics shall in their discretion specify one or more days later in the season on which 
further humpback whales may be taken, so as to bring the total up to a maximum of 1,250". 

(2) Paragraph 8 (c) will read as follows, the underlined words being new:- 

"8 (c) Notification shall be given in accordance with the provisions of Article VII of the Convention, within 
two days after the end of each calendar week, of data on the number of blue whale units taken in any waters 
south of 40° South Latitude by all whale catchers attached to factory ships under the jurisdiction of each 
Contracting Government; and in addition notification of data on the number of humpback whales taken in 
pursuance of Paragraph 6, including nil returns on days when no humpback whales are taken, shall be given 
at the end of each day on which the taking of humpback whales is permitted". 

(3) Paragraph 8 (e) is deleted. 

I hereby certify that the above is a true copy of the amendments to the Schedule to the International Convention 
for the Regulation of Whaling, 1946, made by the International Whaling Commission at their Fourth Annual Meeting 
in London, June 1952. 

A. T. A. DoBsoN 

Secretary to the Commission 



Amendments to the Schedule to the 

International Convention for the 
Regulation of Whaling, London, 1953 



Done at London 26 June 1953 

Entered into force 8 October 1953 

Primary source citation: 4 UST 21 79, TIAS 2866 

INTERNATIONAL WHALING COMMISSION 

Amendments to the Schedule to the International Whaling Convention 
1946, as made by the Commission at its Fifth Meeting in London, 1953. 

I hereby certify that, at its fifth meeting held in London in June, 1953, the International Whaling Commission, 
by resolution, made the following amendments to the Schedule to the International Whaling Convention signed in 
Washington on 2nd December, 1946. 

Note. The amendments are shown in two parts, those shown in Part II being purely drafting 
amendments. 



Parti 

I Paragraph 6 . Delete the proviso and insert the following:- 

Provided that in any pelagic whaling season for baleen whales the killing of humpback whales shall be 
permitted on the 1st, 2nd, 3rd and 4th February. 

II Paragraph 7 (a) . At end add:- 

Provided that no blue whales shall be taken before 16th Janueiry in any year. 

Ill Paragraph 8 (a) . Line 4; for "sixteen thousand" read "fifteen thousand five hundred". 

rV Paragraph 8 (c) to be amended to read as follows, the new words being underlined:- 

Notification shall be given in accordance with the provisions of Article VII of the Convention, within 
two days after the end of each calendar week, of data on the number of blue whale units taken in any 
waters south of 40° South Latitude by all whale catchers attached to factory ships under the jurisdiction 
of each Contracting Government; Provided that when the number of blue whale units is deemed by the 
Bureau of International Whaling Statistics to have reached 14,000, notification shall be given as 
aforesaid at the end of each day of data on the number of blue whale units taken. 

V Paragraph 8 (d) to be amended to read as follows, the new words being underlined:- 

If it appears that the maximum catch of whales permitted by sub-paragraph (a) of this paragraph may 
be reached before 7th April of any year, the Bureau of International Whaling Statistics shall determine 
on the basis of the data provided, the date on which the maximum catch of whales shall have been 
deemed to have been reached and shall notify the master of each Factory Ship and each Contracting 



Multilateral / Marine Mammals 1423 



Gkivernment of that date not less than four days in advance thereof The kilhng or attempting to kill 
baleen whales by whale catchers attached to factory ships shall be illegal in any waters south of 40° 
South Latitude after midnight of the date so determined. 



Part II. Drafting Amendments 

I Paragraph 4 shall read as follows, the underlined words being new:- 

4. It is forbidden to use a whale catcher attached to a factory ship for the purpose of killing or attempting 
to kill baleen whales in any of the following areas:- 

II Paragraph 5 shall read as follows, the underlined words being new:- 

5. It is forbidden to use a whale catcher attached to a factory ship for the purpose of killing or attempting 
to kill baleen whales in the waters south of 40° South Latitude from 70° West Longitude westward as 
far as 160° West Longitude. 

Ill Paragraph 6. The first two and a half lines of this paragraph shall read as follows, the underlined words 
being new:- 

6. It is forbidden to use a whale catcher attached to a factory ship for the purpose of killing or attempting 
to kill humpback whales in any waters south of 40° South Latitude; 

rV Paragraph 7 (a) shall read as follows, the underlined words being new:- 

7 (a) It is forbidden to use a whale catcher attached to a factory ship for the purpose of killing or 
attempting to kill baleen whales (excluding minke whales) in any waters south of 40° South Latitude, 
except during the period from 2nd January to 7th April following, both days inclusive. 

V Paragraph 7 (b) shall read as follows, the underlined words being new:- 

7 (b) Each Contracting Government shall declare for all factory ships and whale catchers attached 
thereto under its jurisdiction, one continuous open season not to exceed eight months out of any period 
of twelve months during which the taking or killing of sperm whales by whale catchers may be permitted; 
provided that a separate open season may be declared for each factory ship and the whale catchers 
attached thereto. 

VI Paragraph 7 (c) shall be deleted and the following new subparagraph shall be inserted in lieu:- 

7 (c) Each Contracting Government shall declare for all factory ships and whale catchers attached 
thereto under its jurisdiction one continuous open season not to exceed six months out of any period of 
twelve months during which the taking or killing of minke whales by the whale catchers may be 
permitted. 

Provided that: 



(i) a separate open season may be declared for each factory ship and the whale catchers attached 
thereto : 

(ii) the open season need not necessauily include the whole or any part of the period declared 
for other baleen whales pursuant to sub-paragraph (a) of this paragraph . 

VII Paragraph 7(d ). The following new sub-paragraph shall be inserted, as sub-paragraph 7 (d). 

7(d) Each Contracting (jovernment shall declare for all whale catchers under its jurisdiction not 
operating in conjunction vyith a factory ship or land station one continuous open season not to exceed 
six months out of any period of twelve months during which the taking or killing of minke whales by 
such whale catchers may be permitted . 



1424 The Marine Mammal Commission Compendium 



VIII Paragraph 10(a) shall read as follows, the underlined words being new:- 

10(a) It is forbidden to use a whale catcher attached to a land station for the purpose of killing or 
attempting to kill baleen and sperm whales except as permitted by the Contracting Government in 
accordance with sub-paragraphs (b), (c) and (d) of this paragraph. 

IX Paragraph 10(b) . The first six lines of this sub-paragraph shall read as follows, the underlined words 
being new:- 

10(b) Each Contracting Government shall declare for all land stations under its jurisdiction, and whale 
, , catchers attached to such land stations, one open season during which the taking or killing of baleen 

(excluding minke) whales by the whale catchers shall be permitted. Such open season shall be for a 
period of not more than six consecutive months in any period of twelve months and shall apply to all 
land stations under the jurisdiction of the Contracting Government; 

V , ,, X Paragraph 10(c) . The first six lines of this sub-paragraph shall read as follows, the underlined words 
. , , being new:- 

10(c) Each Contracting Government shall declare for all land stations under its jurisdiction and for 
whale catchers attached to such land stations, one open season not to exceed eight consecutive months 
in any one period of twelve months, during which the taking or killing of sperm whales by the whale 
catchers shall be permitted, such period of eight months to include the whole of the period of six months 
declared for baleen whales (excluding minke whales ) as provided for in sub-paragraph (b) of this 
paragraph . 

XI Paragraph 10(d) . The first five and a half lines shall read as follows, the underlined words being new:- 

10(d) Each Contracting Government shall declare for all land stations under its jurisdiction, and for 
whale catchers attached to such land stations, one open season not to exceed six consecutive months in 
any period of twelve months during which the taking or killing of minke whales by the whale catchers 
shall be permitted ( such period not being necessarily concurrent with the period declared for other baleen 
whales, as provided for in subparagraph (b) of this paragraph ); 

XII Paragraph 10(e) shall be deleted and sub-paragraph 10(f) shall be renumbered 10(e). 

XIII Paragraph 12 . A new sub-paragraph 12(a) shall be inserted as follows, existing sub-paragraphs 12(a) 
and 12(b) being renumbered 12(b) and 12(c) respectively:- 

12(a) It is forbidden to use a factory ship or a land station for the purpose of treating any whales 
(whether or not killed by whale catchers under the jurisdiction of a Contracting Government) the killing 
of which by whale catchers under the jurisdiction of a Contracting Government is prohibited by the 
provisions of paragraphs 2, 4, 5, 6, 7, 8, or 10 of this Schedule . 

XIV In Paragraph 12(b) , as renumbered, insert the word "other" after the opening word "All". 
XV Paragraph 18 . At end add the following new sentence:- 

(2) " Whales taken" means whales that have been killed and either flagged or made fast to catchers . 

This involves a consequential amendment, the figure (1) being inserted afl«r 18. 

And I hereby further certify that these amendments were communicated to each and every Contracting 
Government by letter dated 30th June, 1953, and no objections having been received, came into force on 8th October, 
1953, the 90 days following the notification of the amendments to each Contracting Government, as prescribed by 
Article V of the International Whaling Convention 1946, being deemed to have expired on 7th October, 1953, at 
midnight, 24 hours. 

A. T. A. DoBSON 

Secretary to the Commission 

19th October, 1953. 



Amendments to the Schedule to the 

International Convention for the 
Regulation of Whaling, Tokyo, 1954 



Done at Tokyo 23 July 1954 

Entered into force 8 November 1954 except for those 
Amendments which entered into force 
17 and 24 February 1955, respectively* 

Primary source citation: 6 UST 645, TIAS 3198 



INTERNATIONAL WHALING COMMISSION 

Ministry of Agriculture and Fisheries 

Fisheries Department 

3 Whitehall Place 

London S. W. 1 

Tfelephone: TRAFALGAR 7711 

Chairman: Dr. REMINGTON KELLOGG (U.S.A.) 

Vice-chairman: Dr. G. J. LIENESCH (NETHERLANDS) 

Secretary: A. T A. DOBSON (U.K.) 



The Secretary of State 
OF THE United States, 
Washington 

Ref. No. A. S. 6 



Sir, 



6 August 1954 



Circular letter to all Contracting Crovemments 
Sixth Meeting. Amendments to the Schedule 



At the sixth meeting of the Commission held at Tokyo from the 19th-23rcl July, both inclusive, a number of 
amendments were made to the Schedule to the International Whaling Convention 1946. 

Under the provisions of the Convention (Article \0, these amendments have to be notified to each Contracting 
Government and cannot become effective until the expiration of 90 days and only then, provided that no objections 
are received during that period. 

The 90 day period wall be deemed to have expired at midnight (24 hours) on 7th November, 1954, and if no 
objections are received, the amendments will come into operation as from 8th November, 1954, and you will be notified 
immediately to that effect. 



* The Amendments to Paragraph 4(2) are not in force for the United States. 



1425 



1426 The Marine Mammal Commission Compendium 



The amendments, a list of which is enclosed, are related to the existing Schedule, the latest copy of which is 
dated December 1953 and is already in your possession. 

In the event of the Re-arranged Schedule (which was approved by the Commission at their Fifth Meeting in 
1953) coming into force before 7th November 1954, and only one assent is at the moment outstanding, then the 
amendments enclosed (if and when they become operative) will be inserted in their proper place in that Schedule, of 
which copies will then be sent to you. 

A copy of this letter with its enclosed list of amendments is being sent to each Commissioner, 

I am. Sir, 

Your obedient Servant, 

A. T. A. DoBSON 

Secretary to the Commission 

List of the amendments to the Schedule, made by the International 
Whaling Commission at the Sixth Meeting at Tokyo 1954 

1. In Paragraph 4, Insert the following two new sub-Paragraphs , the existing paragraph numbered 4 being 
renumbered 4(3). 4(1) It is forbidden to kill or attempt to kill blue whales in the North Atlantic Ocean for a period of 
5 years. 4(2) It is forbidden to use a whale catcher attached to a factory ship or to a land station for the purpose of 
killing or attempting to kill blue whales for a period of 5 years in the North Pacific Ocean between 20° North Latitude 
and 66° North Latitude eastward of a line running south from 66° North Latitude along the meridian 168°58'22.69" 
West Longitude to 65°15' North Latitude; thence southwest-ward along a great circle course to the intersection of 51° 
North Latitude and 167° East Longitude; thence southeast-ward along a great circle course to the intersection of 48° 
North Latitude and 180° Longitude; thence south along the meridian 180° Longitude to 20° North Latitude. 

2. In Paragraph 6, Insert the following sub-Paragraphs , the existing paragraph numbered 6 being now 
re-numbered 6(3). 6(1) It is forbidden to kill or attempt to kill humpback whales in the North Atlantic Ocean for a 
period of 5 years. 6(2) It is forbidden to kill or attempt to kill humpback whales in the waters south of 40° South 
Latitude between 0° Longitude and 70° West Longitude for a period of 5 years. 

3. Paragraph (6) now to be re-numbered 6(3) shall read as follows: 

"It is forbidden to use a whale catcher attached to a factory ship for the purpose of killing or attempting to kill 
humpback whales in any waters south of 40° South Latitude except on the 1st, 2nd, 3rd and 4th February in any 
year. 

4. In Paragraph 7(a) , for "2nd January" substitute "7th January." Omit the proviso at end and insert the 
words "and no such whale catcher shall be used for the purpose of killing or attempting to kill blue whales before the 
21st January in any year." Paragraph 7(a) as so amended will then read as follows, the new words being underlined: — 
"7(a) It is forbidden to use a whale catcher attached to a factory ship for the purpose of killing or attempting to kill 
baleen whales (excluding minke whales) in any waters south of 40° South Latitude, except during the period 7th 
January to 7th April, following, both days inclusive; and no such whale catcher shall be used for the purpose of killing 
or attempting to kill blue whales before the 21st January in any year." 

5. Insert a new sub-Paragraph 7(b) as follows: — 

"7(b) It is forbidden to use a whale catcher attached to a factory ship for the purpose of killing or attempting 
to kill sperm or minke whales, except as permitted by the Contracting Governments in accordance with sub- 
paragraphs (c) (d) and (e) of this paragraph." 

The existing sub-paragraphs (b) (c) and (d) wdll then become (c) (d) and (e) respectively. 

6. In Paragraph 9(b) , for the words "60 feet (18.3 metres)" read "57 feet (17.4 metres)." 

7. At end of Paragraph 10(d) add the following words: — 



Multilateral / Marine Mammals 1427 



"Except that a separate open season may be declared for any land station used for the taking or treating of minke 
whales which is located in an area having oceanographic conditions clearly distinguishable from those of the area in 
which are located the other land stations used for the taking or treating of minke whales under the jurisdiction of 
the same Contracting Government; but the declaration of a separate open season by virtue of the provisions of this 
sub-paragraph shall not cause thereby the period of time covering the open seasons declared by the same Contracting 
Government to exceed nine continuous months of any twelve months." 

Note. The above amendments will become effective as from 8th November 1954, provided no objections are 
received during the 90 day period provided for in Article V of the International Whaling Convention 1946. 

i*- i^' it- i*- t*- i*- i*: 

INTERNATIONAL WHALING COMMISSION 

Ministry of Agriculture and Fisheries 

Fisheries Department 

3 Whitehall Place 

London S. W. 1 

Telephone: TRAFALGAR 7711 

Chairman: Dr. REMINGTON KELLOGG (U.S.A.) 

Vice-chairman: Dr. G. J. LIENESCH (NETHERLANDS) 

Secretary: A. T A. DOBSON (U.K.) 

8th November, 1954 

The Secretary of State, 
United States Dept., 
Washington, 25. D. C. 
U.S.A. 

A. S. VI 

Sir, • 

Circular letter to all Contracting Governments 
Amendments to the Schedule 

I beg to refer to my circular letter of 6th August, 1954 on the above subject, and to inform you that the 90 day 
period during which it was possible for objections to be lodged to the amendments to the Schedule set out in the 
enclosure to that circular, expired at midnight (24 hours) on 7th November, 1954. 

On Friday, 5th November 1954, an objection was delivered by hand at the offices of the Commission by the 
Government of ICELAND to the amendment in Paragraph 4 which forbids the killing or attempting to kill blue 
whales in the North Atlantic Ocean for a period of 5 years. 

On Satuj-day, 6th November 1954, an objection was notified to the Commission by the Government of JAPAN 
to the amendment also in Paragraph 4 which forbids the killing or attempting to kill blue whales in the North Pacific 
Ocean for a period of 5 years, within the area set out in detail in the enclosure to the Circular of 6th August 1954. 

No objections have been received from any other Contracting Government. 

In the light of these two objections and having regard to Article V of the 1946 Convention, it therefore follows 
that all the other amendments set out in the enclosure to the Circular of 6th August, 1954, become automatically 
operative as from 8th November, 1954, the date of this Circular. For your convenience a further copy of the enclosure 
is enclosed. 



1428 The Marine Mammal Commission Compendium 



The two amendments in respect of Blue Whales in the North Atlantic and North Pacific Oceans , must therefore 
remain inoperative for a further period of 90 days which will be deemed to expire at midnight (24 hours) on 
5th February, 1955, in case further objections are received. A further letter will be addressed to you on the expiration 
of this second 90 day period. 

In the meantime steps will be taken to have the Schedule (dated December, 1953) reprinted (in accordance 
with the standing directions of the Commission) and this reprint will show the new amendments now in force. This 
reprint will be sent to you as soon as possible. 

A copy of this circular 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 6 1955 

The Secretary 

TO THE International Whaling Commission, 

London. 

Sir: 

By a note dated August 24, 1954 you were informed that the Government of the United States interposed no 
objection to the amendment of certain paragraphs of the Schedule annexed to the International Whaling Convention 
of 1946. The amendments in question were proposed by the International Whaling Commission at its Sixth Meeting 
at Tbkyo in July 1954 and reported to the Contracting Governments in your circular communication of August 6, 
1954. Meanwhile, we are informed by your circular letter dated November 8, 1954 that the Governments of Japan 
and Iceland interposed objection to the proposed prohibitions against the killing of blue whales in the North Pacific 
and North Atlantic Oceans, respectively. 

Availing itself of the right to reconsider its earlier approval of these amendments, as granted by Article V of 
the International Whaling Convention, the Government of the United States now feels constrained to lodge objection 
to the contemplated prohibition against killing blue whales in the North Pacific Ocean, and you are so informed. This 
decision is taken in the belief that unless this prohibition were to apply to Japan the objectives thereof would be 
negated, Eind therefore no useful purpose would be served by the United States binding itself to the restriction. 

The objection by the Government of Iceland to a similar prohibition vis-a-vis the North Atlantic Ocean does 
not, in the view of the United States, have the same preclusive effect and, accordingly, the Government of the United 
States reaffirms its earlier approval of this measure. 

Very truly yours. 

For the Secretary of State: 

David McK Key 
Assistant Secretary 



Multilateral / Marine Mammals 1429 



INTERNATIONAL WHALING COMMISSION 

Room 407, 

3 Whitehall Place, 

Lo>fDON, S. W. 1 

Telephone: TRAFALGAR 7711 

Chairman: Dr. REMINGTON KELLOGG (U.S.A.) 

Vice-chairman: Dr. G. J. LIENESCH (NETHERLANDS) 

Secretary: A.TA. DOBSON (U.K.) 



17th February 1955 

The Secretary of State of the United States 
State Department, 
Washington 25 D. C. 
U.S. A 

Ref. No. A. S. VI 

Circular to all Contracting Governments 
Amendments to the Schedule 

The Secretary begs to refer to his circular of 11th February, 1955, on the above subject, and to say, for the 
information of your Government, that no further objection has been received to the amendment prohibiting the taking 
of blue whales in the North Pacific Ocean for a period of 5 years, nor have any of the original objections been 
withdrawn. 

This amendment becomes operative therefore from the 17th February, 1955 . 

A copy of the amendment is set out below and it is requested that you will make a note of it in the Schedule of 
which a copy of the latest edition, dated December 1954, was duly sent to you. A further circular will be sent to you 
in due course regarding the other amendment dealing with the taking of blue whales in the North Atlantic. 

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

Amendment. Before existing Paragraph 4 in the Schedule insert the followdng new sub paragraph:- 

It is forbidden to use a whale catcher attached to a factory ship or to a land station for the purpose of killing 
or attempting to kill blue whales for a period of 5 years in the North Pacific Ocean between 20° North Latitude and 
66° North Latitude eastward of a line running south from 66° North Latitude along the meridian 168°58'22.69" West 
Longitude to 65°15' North Latitude; thence southwest-ward along a great circle course to the intersection of 51° North 
Latitude and 167° East Longitude; thence southeast-ward along a great circle course to the inter-section of 48° North 
Latitude and 180° Longitude; thence south along the meridian 180° Longitude to 20° North Latitude.* 



•This aub-paragraph which came into operation on 17th February, 1966, is not binding on Japan, U. S. A., Canada and the U. S. S. R., all of whom 
objected to it within the prescribed period. 



1430 The Marine Mammal Commission Compendium 



INTERNATIONAL WHALING COMMISSION 

Ministry of Agriculture and Fisheries 

Fisheries Department -. 

3 Whitehall Place 
London S. W. 1 
Ttelephone: TRAFALGAR 7711 

Chairman: Dr. REMINGTON KELLOGG (U.S.A.) 

Vice-chairman: Dr. G. J. LIENESCH (NETHERLANDS) 

Secretary: A. T. A. DOBSON (U.K.) 

"- " 24th February, 1955 

The Secretary of State of the United States, ■_ . i • . ■ 

State Department, 
Washington 25, D.C., 
USA 

Ref. A.S. VI 

Circular to all Contracting Governments 
Amendments to the Schedule 

The Secretary begs to refer to his circular of 17th February, 1955, on the above subject and to inform you that 
no further objection has been received to the amendment prohibiting the taking of blue whales in the North Atleuitic 
for a period of five years, nor have any of the original objections been withdrawn. 

This amendment becomes operative therefore from the 24th February, 1955. 

A copy of the amendment is set out below and it is requested that you will make a note of it in the Schedule of 
which the latest copy dated December 1954, was sent to you at the time. 

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

Amendment - to be inserted before Paragraph 4 of the Schedule as a new sub-paragraph. 

"It is forbidden to kill or attempt to kill blue whales in the North Atlantic Ocean for a period of five years." 

[This paragraph does not apply to Iceland or Denmark]. 

Now that the two remaining amendments of those made at Tokyo have come into operation on the 17th and 
24th February, 1955 respectively, it is possible to put them in their proper place in relation to Paragraph 4 and for 
your convenience a copy is enclosed of the amendments properly numbered as they will appear in the Schedule when 
it comes to be reprinted. The enclosed sheet is intended to be inserted in the copy of the Schedule which is dated 
December, 1954. 



Amendments to the Schedule 

For insertion between pp 2 and 3 of the Copy of the Schedule to the International Whaling Convention 1946 
dated December 1954. 

Paragraph 4 of the Schedule becomes Paragraph 4(3) and the following paragraphs are inserted as 4(1) and 
4(2) respectively. 



Multilateral / Marine Mammals 1431 



4(1) It is forbidden to kill or attempt to kill blue whales in the North Atlantic Ocean for a period of 5 years.* 

4(2) It is forbidden to use a whale catcher attached to a factory ship or to a land station for the purpose of 
killing or attempting to kill blue whales for a period of 5 years in the North Pacific Ocean between 20° North Latitude 
and 66° North Latitude eastward of a line running south from 66° North Latitude along the meridian 168°58'22.69" 
West Longitude to 65° 15' North Latitude; thence southwest-ward along a great circle course to the intersection of 48° 
North Latitude and 180° Longitude to 20° North Latitude.t 



•This paragraph was objected to within the prescribed period ending 7th November 1954 by the Government of Iceland, and subsequently by that of 
Denmark. Neither objection was withdrawn and the paragraph came into force on 24th February, 1956 but is not binding on Iceland and Denmark. 
tThis paragraph was objected to within the prescribed period ending 7th November 1964 by the Government of Japan and subsequently by those of the 
U. S. A., Canada and the U. S. S. R. None of these objections were withdrawn, and the paragraph came into operation on 17th February, 1956, but is not 
binding on Japan, U. S. A,, Canada and the U. S. S. R. 



Amendments to the Schedule to the 

International Convention for the 
Regulation of Whaling, Moscow, 1955 

Done at Moscow 23 July 1955 

Entered into force 8 November 1955 except for those 
Amendments which entered into force 7 March 1956* 

Primary source citation: 7 UST 657, TIAS 3548 



Ref: AS VII 



INTERNATIONAL WHALING COMMISSION 

3 Whitehall Place (Room 407) 

London S.W.I. 

'Rjlephone: TRAFALGAR 7711 (Extension 383) 

Secretary: A. T A. DOBSON (U.K.) 



Circular letter to all Contracting Governments 



Amendments to the Schedule 
Seventh Meeting 



5th August, 1955. 



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 foUows:- 

1. Paragraph 4 (2) of the Schedule, which was inserted at the Tbkyo 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 2l3t January read 1st February. 

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



* The Amendments to Paragraph 8(a) and 8(c} are not in force for the United States. 



Multilateral / Marine Mammals 1433 



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 p£u-ts (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". 



]^434 The Marine Mammal Commission Compendium 



Paragraph 8 (c ) of the Schedule, hne 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 whaUng 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 



Multilateral / Marine Mammals 1435 



INTERNATIONAL WHALING COMMISSION 

3, WHITEHALL PLACE, LONDON, S.W.I 
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 



Sir, 



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



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.I 
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 



1436 The Marine Mammal Commission Compendium 



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 foUows:- 

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. 



Amendments to the Schedule to the 

International Convention for the 
Regulation of Whaling, London, 1956 



Done at London 20 July 1956 

Entered into force 1 November 1956 

Primary source citation: 8 UST 69, TIAS 3739 



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.) 



1st November, 1956 



Ref. No. AS VIII 



Sir, 



Circular to all Contracting Governments and Commissionera. 
Amendments to the Schedule, Eighth Meeting 



I beg to refer to my circular of 23rd July, 1956, (and subsequent circular of 2nd August, 1956) on the above 
subject and to say that the ninety day period referred to therein expired at midnight (24.00 hours) on 31st October, 
1956. Up to that time no objections had been received to the amendments to the Schedule (Paragraphs 8 (a) and 8 (c)) 
set out in those circulars. These amendments come automatically into operation therefore from the date of this circular 
(1st November, 1956). The paragraphs as amended now read as foUows:- 

Paragraph 8 (a) : 

"(a) The number of baleen whales taken during the open season caught in waters south of 49° 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 any one season, provided that in the season 1956/57 the number of baleen whales 
taken as aforesaid shall not exceed fourteen thousand five hundred blue whale units." 

Paragraph 8 (c) : 

"(c) Notification shall be given in accordance with the provisions of Article VTI of the Convention, within two 
days after the end of each calendar week, of data on the number of blue whale units taken in any waters south of 40° 
South Latitude by all whale catehers attached to factory ships under the jurisdiction of each Contracting Government; 
provided that when the number of blue whale units is deemed by the Bureau of International Whaling Statistics to 



1437 



1438 The Marine Mammal Commission Compendiui 



have reached 13,500 (but 13,000 in the season 1956/57) notification shall be given as aforesaid at the end of each day 
of data on the number of blue whale units taken." 

A revised copy of the Schedule to the Convention, 1946, containing the two paragraphs as Eunended, will be 
printed and sent to you as soon as possible, in accordance with the standing directions of the Commission. 

I am, Sir, 

Your obedient Servant, 

A. T. A. DoBSON 

Secretary to the Commission 



Amendments to the Schedule to the 

International Convention for the 
Regulation of Whaling, London, 1957 



Done at London 28 June 1957 

Entered into force 4 October 1957 

Primary source citation: 8 UST 2203, TIAS 3944 



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.) 



4 October, 1957 



The Secretary of State 
OF THE United States, 
State Department, 
Washington 25, D.C., U.S.A 

AS. DC 

Sir, 



Circular Letter to all Contracting Governments 
Ninth Meeting. Amendments to the Schedule 

The Secretary to the Commission begs to refer to his circular of 1 July, 1957, headed as above, and to state, 
for the information of your Government, that no objections have been received to any of the four amendments to the 
Schedule to the International Whaling Convention 1946, as made at the Commission's ninth meeting and set out in 
detail in the circular under reference. 

As the ninety day period provided for in the Convention expired at midnight (24 hours) on 3 October 1957, the 
amendments in question came into operation as from today, 4 October, 1957. For convenience sake, the amendments 
are set out on the reverse of this communication and will be incorporated in a revise of the Schedule as soon as it can 
be printed, in accordance with the Commission's standing instructions. 



1439 



1440 The Marine Mammal Commission Compendium 



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

I am, Sir, 

Your obedient Servant : ' 

y , , . A. T.A. DoBSON 
- ■ • ■ Secretary to the Commission. 



List of Amendments to the Schedule made at the Ninth Meeting 

...« .,o.j.j,=,.-..,-..,,. ..-,;..,. •, of the Commission 1957, which came into operation, 

in the absence of objections on 4 October 1957. 

Schedule. Paragraph 5 

For the words in square brackets substitute the foUowing:- 

This article, as a result of the seventh meeting in Moscow, was rendered inoperative for a period of three years 
from 8th November, 1955, and as a result of the ninth meeting in London was rendered inoperative for a further 
period from 8th November, 1958, after which it will automatically become operative again on 8th November, 
1959." 

Schedule. Paragraph 8 (a) 

Fourth line for "1956/57" read "1957/58." . 

Schedule. Paragraph 8 (c) Consequential . , 

Last line but one for "1956/57" read "1957/58". 
Schedule. Paragraph 11 

At end add:- 

"provided that this paragraph shall not apply to a ship which has been used during the season solely for freezing 
or salting the meat and entrails of whales intended for human food or feeding animals." 



Amendments to the Schedule to the 

International Convention for the 

Regulation of Whaling, The Hague, 1958 



Done at The Hague 27 June 1958 

Entered into force 6 October 1958 except for those 
Amendments which entered into force 29 January 1959 

Primary source citation: 10 UST 330, TIAS 4193 



INTERNATIONAL WHALING COMMISSION 

3, WHITEHALL PLACE, LONDON, S.W.I 
Telephone: TRAFALGAR 7711 (Extension 383) 

Secretary: A. T. A. DOBSON 



1st July, 1958. 



Reference No.: ASX 



Sk, 



Circular letter to all Contracting Governments 

International Whaling Convention, 1946 

Amendments to the Schedule 



I am writing to inform you that the Tenth Meeting of the Commission was concluded at The Hague on Friday, 
27th June, 1958. Various decisions were taken at that meeting which will be communicated to you separately. 

It is important, however, that you should be notified without delay of the amendments to the Schedule to the 
International Whaling Convention 1946 which the Commission decided to make at that meeting. 

They are as follows:- 

Paragraph 6(1). At end of paragraph, omit the words "of five years" and insert the words "ending on 8th November, 
1964". 

Paragraph 6(2). In the second line amend "70" to "60"; at end of paragraph, omit the words "of five years" and insert 
the words "ending on 8th November, 1964". 

These two amendments were passed unanimously by all those Voting. 

Paragraph 8(a). In fourth line, for 1957/58 substitute 1958/59. 

Paragraph 8(c). In seventh line, for 1957/58 substitute 1958/59. 

These two amendments were passed, with one abstention, the Netherlands dissenting. 



1441 



J442 The Marine Mammal Commission Compendium 



By virtue of the provisions of Article V of the International Whaling Convention, 1946, each of these amendments 
will become effective with respect to each Contracting Government ninety days following the notification of the 
amendments to each Contracting Government, unless any Contracting Government presents an objection to the 
Commission, in which case the procedure outlined in Article V (3) has to be followed. 

The ninety day period referred to will be deemed to have expired on 6th October 1958 and, in the absence of 
objection by that date, the amendments will then become effective and you will be notified accordingly 

It is particularly requested that you will acknowledge the receipt of this letter. If no objection is received by 
the date mentioned, it will be assumed that your Government is content that the new amendments shall become 
effective. 

A copy of this letter is being sent to each of the seventeen Commissioners. 



I am. Sir, 

Your obedient servant. 



A. T. A. DoBSON 

Secretary to the Commission 



INTERNATIONAL WHALING COMMISSION 

3, WHITEHALL PLACE, LONDON, S.W.I 
Telephone: TRAFALGAR 7711 (Extension 383) 

Chairman: R. G. R. WALL (U.K.) 

Vice-Chairman: G. R. CLARK (Canada) 

Secretary: A. T A. DOBSON 

6 October, 1958. 
Ref No.ASX .i. ,-,...„ 

Circular letter to all Contracting Governments 

International Whaling Convention, 1946 

Amendments to the Schedule 

The Secretary begs to refer to his circular on the above subject of 1 July 1958 and to ask you to inform your 
Government that the amendments as set out therein to Paragraphs 6(1) and 6(2) of the Schedule have not been the 
subject of any objection up to 6 October 1958, and therefore come into force as from that date. 

For convenience, these two amendments are set out overleaf : . •' 

As regard the amendments to Paragraph 8(a) and 8(c) of the Schedule (which are also set out overleaf), an 
objection has already been received from the Netherlands Government, as indicated in the Secretary's letter of 
19 August 1958, and has since been followed by an objection from the Government of Norway as notified to you in 
the Secretary's letter of 24 September, 1958. 

It follows therefore that these last two amendments must remain inoperative for at least an additional period 
of 90 days from 6 October 1958, that is to say until midnight (24 hours) on 4 January, 1959. Even then, the 
amendments in question will not be operative against the Netherlands and Norwegian Governments. 

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

P.TO. 



Multilateral / Marine Mammals 1443 



Amendments to the Schedule 

Operative from 6 October, 1958 

Paragraph 6(1). At end of paragraph, omit the words "of five years" and insert the words "ending on 8th November, 
1964". 

Paragraph 6(2). In the second line amend "70" to "60"; at end of paragraph, omit the words "of five years" and insert 
the words "ending on 8th November, 1964". 

Inoperative at present 

Paragraph 8(a). In fourth hne, for 1957/58 substitute 1958/59. 
Paragraph 8(c). In seventh hne, for 1957/58 substitute 1958/59. 



INTERNATIONAL WHALING COMMISSION 

3, WHITEHALL PLACE, LONDON, S.W.I 
Telephone: TRAFALGAR 7711 (Extension 383) 

Chairman: R. G. R. WALL (U.K ) 

Vice-Chairman: G. R. CLARK (Canada) 

Secretary: A. T. A. DOBSON 

29 January, 1959 



Circular Letter to all Contracting Governments 
Amendments to the Schedule 

The Secretary begs to refer to his circular letter of 30th December, 1958 and to previous circulars about the 
amendments to the Schedule (paragraphs 8(a) and 8(c)) to the International Whaling Convention 1946, and to say 
that the 30 day period from the date of the last objection having expired at midnight (24 hours) on 28th January, 
1959, the two amendments in question (which are set out overleaf) come into operation on 29th January 1959. They 
are not, however, operative in the case of those countries whose Governments objected within the prescribed time, 
namely Norway, the Netherlands, the United Kingdom, Japan and the U.S.S.R. 

In accordance with a standing instruction by the Commission, a reprint of the Schedule showing all the 
amendments made at the tenth Annual Meeting of the Commission at The Hague, and now in operation, will be sent 
to you as soon as it can be printed. 

A copy of this circular is being sent to all Commissioners. 

Amendments to the Schediile which became operative on 29th January, 1959 

Paragraph 8(a). In fourth line, for 1957/58 substitute 1958/59. 
Paragraph 8(c). In seventh line, for 1957/58 substitute 1958/59. 



Amendments to the Schedule to the 

International Convention for the 
Regulation of Whaling, London, 1959 



Done at London 1 July 1959 

ito force 4 October 1959 excep 
s which entered into force 3 J 

Primary source citation: 11 UST 32, TIAS 4404 



Entered into force 4 October 1959 except for those 
Amendments which entered into force 3 January 1960 



2nd July, 1959 



Reference No.: AS XI 



INTERNATIONAL WHALING COMMISSION 

3, WHITEHALL PLACE, LONDON, S.W.I 
Itelephone: TRAFALGAR 7711 (Extension 383) 

Chairman: R. G. R. WALL (U.K.) 

Vice-Chairman: G. R. CLARK (Canada) 

Secretary: R. S. WIMPENNY. 



Circular letter to all Contracting Governments 
International Whaling Convention, 1946 

Amendments to the Schedule r 

Sir, 

I write to say that the Eleventh Meeting of the Commission was concluded in London on Wednesday, 1st July, 
1959. Various decisions were taken at the meeting and these will be communicated to you separately. 

It is important, however, that you should be notified without delay of the amendments to the Schedule to the 
International Whaling Convention 1946 which the Commission decided to make at that meeting. 

They are as follows:- r , • - ; 

Paragraph 1(a) At end of paragraph substitute semi-colon for full stop and add "provided that inspectors 

Ygyjjg need not be appointed to ships which, apart from the storage of products, are used during the 

Yes 9 season solely for freezing or salting the meat and entrails of whales intended for human food 

No or feeding animals." 

Abstain 3 



Multilateral / Marine Mammals 



1445 



Paragraph 4(1) 

Voting 
Yes 7 

No 

Abstain 5 



Delete paragraph 4(1) and substitute "4(1) It is forbidden to kill blue whales in the 
North Atlantic Ocean for five years ending on 24th February, 1965". 
Delete asterisked footnote on page 2 of Schedule dated 12th March, 1959. 




After "8th November 1958" delete remainder of sentence and substitute "and again as 
a result of the Eleventh Meeting in London was rendered inoperative for a period of three 
years from 8th November 1959". 



Paragraph 6(3) 

Voting 
Yes 7 

No 1 

Abstain 6 



Delete "1st, 2nd, 3rd and 4th February in any year" and insert "for four days commenc- 
ing 20th January in any year". 



Paragraph 7(a) 

Voting 
Yes 6 

No 1 

Abstain 7 



Delete "7th January" and substitute "28th December" 




Delete in third line from bottom of paragraph "(b) The number and aggregate gross 
tonnage of the whale catchers", and substitute "(b) The number of whale catchers, including 
separate totals for surface vessels and aircraft and specifying, in the case of surface vessels, 
the average length and horse power of whale catchers." 



Paragraph 17(c) 

Voting 
Yes 9 

No 

Abstain 3 



Add the following:- "(4) on the Pacific coast of the United States of America between 35 
degrees North Latitude and 49 degrees North Latitude." 



By virtue of the provisions of Article V of the International Whaling Convention, 1946, each of these 
amendments will become effective with respect to each Contracting Government ninety days following this notifica- 
tion of the amendments to each Contracting Government, unless any Contracting Government presents an objection 
to the Commission, in which case the procedure in Article V(3) has to be followed. 

The ninety day period referred to will be deemed to have expired at 2400 hours on 4th October, 1959 and, in 
the absence of objection by that date, the amendments will then become effective and you will be notified accordingly. 

No action was taken in connection with the blue whale unit limit (Paragraph 8(a) of the Schedule) and in the 
1959/60 season this limit will therefore be fifteen thousand blue whale units. The words in Paragraphs 8(a) and (c) 
of the Schedule which relate only to the 1958/59 season will therefore be omitted when the Schedule is reprinted. 

It is particularly requested that you will acknowledge the receipt of this letter, a copy of which is being sent 
to each of the fifteen Commissioners. 

I am. Sir, 

Your obedient servant. 



R S WiMPENNY 

Secretary to the Commission 



1446 



The Marine Mammal Commission Compendium 



INTERNATIONAL WHALING COMMISSION 

3, WHITEHALL PLACE, LONDON, S.W.I 
Ttelephone: TRAFALGAR 7711 (Extension 383) 

Chairman: R. G. R. WALL (U.K.) 

Vice-chairman: G. R. CLARK (Canada) 

Secretary: R. S. WIMPENNY. 



7th October, 1959 



Ref: AS XI 



Circular letter to all Contracting Governments 

International Whaling Convention, 1946 

Amendments to Schedule 

The Secretary refers to his letter of 2nd July, 1959, and now writes to inform you that no objections were 
received up to 4th October, 1959, to the amendments to paragraphs 1(a), 5, 6(3), 7(a), 16 and 17(c) of the Schedule to 
the Convention. These amendments, which for convenience are set out overleaf, therefore come into force as from 
that date. 

As stated in the Secretary's letter of 1st October, 1959, however, the amendment to paragraph 4(1) of the 
Schedule forbidding the killing of blue whales in the North Atlantic for five years ending on 24th February, 1965, 
was the subject of objection by the Icelandic Government on 29th September, 1959. This amendment therefore, 
remains inoperative at least until midnight on 2nd January, 1960. 

A copy of this letter is being sent to all Commissioners. 

Paragraph 1(a) At end of paragraph substitute semi-colon for full stop and add "provided that inspectors 

need not be appointed to ships which, apart from the storage of products, are used during the 
season solely for freezing or salting the meat and entrails of whales intended for human food 
or feeding animals." 



Paragraph 5 

Paragraph 6(3) 

Paragraph 7(a) 
Paragraph 16 

Paragraph 17(c) 



After "8th November 1958" delete remainder of sentence and substitute "and again as 
a result of the Eleventh Meeting in London was rendered inoperative for a period of three 
years ft-om 8th November, 1959". 

Delete "Ist, 2nd, 3rd and 4th February in any year" and insert "for four days commenc- 
ing 20th January in any year". 

Delete "7th January" and substitute "28th December". 

Delete in third line from bottom of paragraph "(b) The number and aggregate gross 
tonnage of the whale catchers", and substitute "(b) The number of whale catchers, including 
separate totals for surface vessels and aircraft and specifying, in the case of surface vessels, 
the average length and horse power of whale catchers." 

Add the following:- "(4) on the Pacific coast of the United States of America between 
35 degrees North Latitude and 49 degrees North Latitude." 



Multilateral / Marine Mammals 1447 



INTERNATIONAL WHALING COMMISSION 

3, WHITEHALL PLACE, LONDON, S.W.I 
Telephone: TRAFALGAR 7711 (Extension 383) 



Chairman: R. G. R. WALL (U.K.) 

Vice-Chairman: G. R. CLARK (Canada) 

Secretary: R. S. WIMPENNY. 



6th January, 1960. 



Ref: AS XI 



Circular letter to all Contracting Governments 

International Whaling Convention, 1946 

Amendments to Schedule 

The Secretary refers to his letter of 1st October, 1959 about the objection of the Icelandic Government to the 
amendment the Commission decided to make at the Eleventh Meeting to Paragraph 4(1) of the Schedule. 

As a result of the objection of the Icelandic (Jovemment the amendment remained inoperative for a second 
period of 90 days ending at midnight on 2nd January, 1960. No further objections have been received and the 
amendment, which for convenience is set out below, therefore came into operation from 3rd January, 1960 in respect 
of all Contracting Governments with the exception of the Icelandic Government. 

Amendment to Paragraph 4(1) of Schedule:- 

delete the existing paragraph and substitute "It is forbidden to kill blue whales in the North Atlantic 
Ocean for five years ending on 24th February, 1965*". Delete the footnote on page 2 of the Schedule and 
insert ''*This paragraph was objected to within the prescribed period ending 4th October, 1959 by the 
Government of Iceland. The objection was not withdrawn and the paragraph came into force on 
3rd January, 1960 but is not binding on Iceland." 

A copy of this letter is being sent to all Commissioners. 



Amendments to the Schedule to the 

International Convention for the 
Regulation of Whaling, London, 1960 



Done at London 24 June 1960 

Entered into force 23 and 26 January 1961 

Primary source citation: 13 UST 493, TIAS 5014 



INTERNATIONAL WHALING COMMISSION 

10, WHITEHALL PLACE, LONDON, S.W.I 
Tblephone: TRAFALGAR 7711 (Extension 383) 

Chairman: R. G. R. WALL (U.K.) 

Vice Chairman: G. R. CLARK (Canada) 

Secretary: R. S. WIMPENNY. 



29th June, 1960 



AS XII 



Circular Letter to all Contracting Governments 

International Whaling Convention, 1946 

Amendments to the SchedxJe 

Sm, 

The Twelfth Meeting of the Commission was concluded in London on Friday 24th June. Various decisions were 
taken at the meeting and these will be communicated to you separately 

I am however, notifying you without delay of the amendments to the Schedule to the International Whaling 
Convention 1946 which the Commission decided to make at that meeting. The amendments are as foUows:- 

Paragra ph 6(2) Retain the text of the present paragraph 6(2) but call it 6(2) (a). Add a new sub-paragraph (b) 

y(,j.jjjg "It is forbidden to use a whale catcher attached to a factory ship for the purpose of killing or 

Yes 11 attempting to kill humpback whales in waters south of 40° South Latitude between 70° East 

j^Q I Longitude and 130° East Longitude during 1961, 1962 and 1963". 

Abstain 1 

Paragraph 6(3) Insert a new sub-paragraph (a) "It is forbidden to use a whale catcher attached to a factory 

Y(,yjjg ship for the purpose of killing or attempting to kill humpback whales in the waters south of 

Yes 11 40° South Latitude between 130° East Longitude and 170° West Longitude during 1961, 1962 

j^p I and 1963 except for three days commencing the 20th January in each year." 

Abstain 1 



1448 



Multilateral / Marine Mammals 1449 



Voting Retain the text of the present sub-paragraph (3) but call it (3) (b) and insert between the words 

Yes 11 "any" and "waters" in the second line the word "other". 

No 1 

Abstain 1 

Paragraph 7(a) Delete "1st February" and substitute "14th February." 

Voting 

Yes 11 

No 

Abstain 2 

Paragraph 8(a) Delete the words "in any one season" in the last line and substitute "in 1962/63 or in any 

Voting subsequent season". 

Yes 7 

No 2 

Abstain 4 

By virtue of the provisions of Article V of the International Whaling Convention, 1946, each of these 
amendments will become effective with respect to each Contracting Government ninety days following this notifica- 
tion, unless any Contracting Government presents an objection to the Commission, in which case the procedure in 
Article V(3) has to be followed. 

The ninety day period referred to will be deemed to have expired at midnight on 27th September, 1960 and in 
the absence of objection by that date the amendments will then become effective and you will be notified accordingly. 

It is particularly requested that you will acknowledge the receipt of this letter, a copy of which is being sent 
to each Commissioner. 



I am. Sir, Your obedient servant, 



R S WiMPENNY 

Secretary to the Commission. 






INTERNATIONAL WHALING COMMISSION 

EAST BLOCK, WHITEHALL PLACE, LONDON, S.W.I 
Tfelephone: TRAFALGAR 7711 (Extension 383) 

Chairman: G. R. CLARK (Canada) 

Vice-chairman: B. C. ENGHOLM (U.K) 

Secretary: R. S. WIMPENNY. 



27th December, 1960 



A.S. XII 



Circular Communication to all Contracting Governments 

International Whaling Convention, 1946 

Amendments to Schedule 

The Secretary refers to his circular communication of 28th September, 1960 in which Contracting Governments 
were informed of the objections of the Japanese Government to the amendments to paragraphs 6(2), 6(3), 7(a) and 
8(a) of the Schedule. 

In letters received on 22nd December, 1960 the Secretary was informed that the Governments of Norway and 
of the United Kingdom object to the amendments to paragraphs 6(2), 6(3) and 7(a) of the Schedule. The text of both 



;^450 The Marine Mammal Commission Compendium 



letters of objection is attached. In a letter received on 23rd December, 1960 from the Charge d Affaires of the Soviet 
Embassy in Great Britain the objection of the Government of the Union of Soviet Socialist Republics was lodged to 
the amendment to paragraph 8{a) of the Schedule; and in a further letter received on 26th December 1960 the 
objections of the Government of the U.S.S.R. were lodged to the amendments to paragraphs 6(2), 6(3) and 7(a) of the 
Schedule. English translations of these objections are also attached. 

In accordance with the terms of Article V(3) of the Convention the amendments to paragraphs 6(2), 6(3) and 
7(a) of the Schedule will now remain inoperative for a further 30 days from the date of receipt of the letter of objection 
from the Government of the U.S.S.R., that is until 25th January, 1961. Thereafter the amendments to these 
paragraphs of the Schedule will be binding on all Contracting Governments except the Governments of Japan, 
Norway, the United Kingdom and the U.S.S.R. or any other Contracting Government who under Article V(3) of the 
Convention registers objection before the end of the 30 day period on 25th January, 1961. 

The amendment to paragraph 8 (a) of the Schedule will remain inoperative for a further 30 days from the date 
of receipt of the letter of objection from the Soviet Government, that is until 22nd January, 1961. Thereafter the 
amendment will be binding on all Contracting Governments except the Governments of Japan and the U.S.S.R. or 
on any other Contracting Government who registers an objection before the end of the 30 day period on 22nd January, 
1961. 

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

»*. »*■ »- tft- ^ ^ ^ 

INTERNATIONAL WHALING COMMISSION 

EAST BLOCK, WHITEHALL PLACE, LONDON, S.W.I 
Itelephone: TRAFALGAR 7711 (Extension 383) 

Chairman: G. R. CLARK (Canada) 

Vice-chairman: B. C. ENGHOLM (U.K.) 

Secretary: R. S. WIMPENNY. 



26th January, 1961 



A.S.XII 



Circular Communication to Contracting Governments 

International Whaling Convention, 1946 

Amendments of Schedule 

The Secretary refers to his circular communication of 27th December, 1960 and to previous communications 
about the amendments proposed by the Commission at the Twelfth Meeting of paragraphs 6(2), 6(3), 7(a) and 8(a) of 
the Schedule. 

No further objections have been received to the amendments. The 30 day period expired on 22nd January 1961 
in the case of the amendment of paragraph 8(a) and on 25th January 1961 in the case of the amendment of 
paragraphs 6(2), 6(3) and 7(a). The amendment of paragraph 8(a) therefore came into force on 23rd January 1961 
and of paragraphs 6(2), 6(3) and 7(a) on 26th January 1961. They are not binding, however, upon those countries 
whose Governments registered objection within the prescribed period, namely Japan, Norway, United Kingdom and 
U.S.S.R. (amendment of paragraphs 6(2), 6(3) and 7(a)) and Japan and U.S.S.R. (amendment of paragraph 8(a)). 

The text of the amendments were set out in the Secretary's letter of 29th June, 1960. In accordance with the 
Commission's standing instructions a reprint of the Schedule including the new amendments will now be made and 
copies will be sent to you as soon as they are available. 

A copy of this circular is being sent to Commissioners. 



Amendments to the Schedule to the 

International Convention for the 
Regulation of Whaling, London, 1961 



Done at London 23 June 1961 

Entered into force 27 September 1961 

Primary source citation: 13 UST 497, TIAS 5015 



INTERNATIONAL WHALING COMMISSION 

EAST BLOCK, WHITEHALL PLACE, LONDON, S.W.I 
Telephone: TRAFALGAR 7711 (Extension 383) 

Chairman: G. R. CLARK (Canada) 

Vice-chairman: B. C. ENGHOLM (U.K.) 

Secretary: R. S. WIMPENNY. 



28th September, 1961. 



Ref. AS XIII 



Circular Communication to all Contracting Governments 

International Whaling Convention, 1946 

Antendments of Schedule 

The Secretary refers to his letter of 28th June, 1961 about the amendments to the Schedule to the International 
Whaling Convention, 1946 which the Commission made at the Thirteenth Meeting. 

No objections to the amendments were received from Contracting Governments within the 90 day period which 
ended at midnight on 26th September, 1961. In accordance with Article V(3) of the Convention the amendments, 
which for convenience are repeated overleaf, became binding on all Contracting Governments as from 27th Septem- 
ber, 1961. 

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

The Schedule amendments made at the Thirteenth Meeting are as follows:- 

Paragraph 6(1) Add to the existing paragraph the sentence "Notwithstanding this close season the taking of 

10 humpback whales per year is permitted in Greenland waters provided that whale catchers 
of less than 50 gross register tonnage are used for this purpose". 

Paragraph 7(a) Delete "28th December" and substitute "12th December". 



1451 



1452 



The Marine Mammal Commission Compendiui 



Paragraph 7(e) Add to the existing paragraph the sentence "Notwithstanding this paragraph one continuous 

open season not to exceed eight months may be implemented so far as Greenland is concerned". 

Paragraph 9(a) After the words "provided that" in the eighth line insert a comma and the words "except in 

the North-east Pacific area for a period of three years starting 1st April, 1962," 

Paragraph 9(b) Delete the words "provided in each case that" in the seventh and eighth lines and insert the 

words "provided that, except in the North-east Pacific area for a period of three years starting 
1st April, 1962, in each case" 

Paragraph 12(b) Add to the existing paragraph the sentence "A Contracting Giovemment may in less developed 

regions exceptionally permit treating of whales without use of land stations, provided that 
such whales are fully utilised in accordance with this paragraph". 



Amendments to the Schedule to the 

International Convention for the 
Regulation of Whaling, London, 1962 



Done at London 6 July 1962 

Entered into force 9 October 1962 

Primary source citation: 14 UST 112, TIAS 5277 



INTERNATIONAL WHALING COMMISSION 

EAST BLOCK, WHITEHALL PLACE, LONDON, S.W.I. 



15th October, 1962. 



Ref. AS. XrV 



Circular Communication to all Contracting Governments 

International Whaling Convention, 1946 

Amendments of Schedule 

The Secretary refers to his letter of 10th July, 1962 about the amendment to the Schedule to the International 
Whaling Convention, 1946 which the Commission made at the Fourteenth Meeting. 

No objections to the amendment were received from Contracting Governments within the 90 day period which 
ended at midnight on 8th October, 1962. In accordance with Article V(3) of the Convention the amendment, which 
for convenience is repeated below, became binding on all Contracting Governments as from 9th October, 1962. 

The Schedule amendment made at the Fourteenth Meeting was as follows:- 

Paragraph 5: add to the sentence in brackets the words "and again, as a result of the fourteenth meeting, 
was rendered inoperative until the Commission otherwise decides". 

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



1453 



Amendments to the Schedule to the 

International Convention for the 
Regulation of Whaling, London, 1963 



Done at London 5 July 1963 

Entered into force 9 October 1963 

PHmury source citation: 14 UST 1690, TIAS 5472 



INTERNATIONAL WHALING COMMISSION 

EAST BLOCK, WHITEHALL PLACE, LONDON, S.W.I 
Ttelephone: TRAFALGAR 7711 (Extension 383) 

Chairman: M. N. SUKHORUCHENKO (U.S.S.R.) 

Vice-chairman: H. GARDNER (U.K.) 

Secretary: R. S. WIMPENNY 



10th October, 1963 



A.S.XV. 



, Circular Communication to aU Contracting Governments :^ v:-? 

International Whaling Convention, 1946 •'-. ' 

Amendments of Schedule 

The Secretary refers to his letter of 10th July, 1963 about the amendments to the Schedule to the International 
Whaling Convention, 1946 which the Commission made at the Fifteenth Meeting. 

No objections to the amendments were received from Contracting Governments within the 90 day period which 
ended at midnight on 8th October, 1963. In accordance with Article V(3) of the Convention the amendments which 
for convenience are repeated overleaf became binding on all Contracting Governments as from 9th October, 1963. 

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

The Schedule amendments made at the Fifteenth Meeting 

Paragraph 1(a): Insert the following words at the end of the first sentence "and also such observers as 

the member countries engaged in the Antarctic pelagic whaling may arrange to place 
on each other's factory ships". 

Paragraph 5: For the existing sentence in brackets substitute the following sentence "This paragraph 

as a result of a decision of the Fourteenth Meeting was rendered inoperative until the 
Commission otherwise decides". 



Multilateral / Marine Mammals 



1455 



Paragraph 6(2) (a): Delete (a): Delete all the words in the second and third lines and substitute the words 
"of the Equator". 

Paragraph 6(2) (b): Delete. 

Paragraph 6(3) (a): Delete (a). Delete the existing wording and substitute the words "It is forbidden to kill 
or attempt to kill blue whales in the waters south of 40° south latitude, except in the 
waters north of 55° south latitude from 0° eastwards to 80° east longitude". 

Paragraph 6(3) (b): Delete. 

Paragraph 8(a): Delete the words "fifteen thousand blue-whale units in 1962/63 or in any subsequent 

season" and insert the words "ten thousand blue-whale units in 1963/64". 



Paragraph 8(c): Delete the figure 13,500 and insert 9,000. 



Amendments to the Schedule to the 

International Convention for the 
Regulation of Whaling, London, 1964 



Done at London 26 June 1964 

Entered into force 1 October 1964 except for those 
Amendments which entered into force 22 January 1965 

Primary source citation: 15 UST2547, TIAS 5745 



INTERNATIONAL WHALING COMMISSION 

EAST BLOCK, WHITEHALL PLACE, LONDON, S.W.I 
Tfelephone: TRAFALGAR 7711 (Extension 383) 

Chairman: M. N. SUKHORUCHENKO (U.S.S.R.) 

Vice-chairman: H. GARDNER (U.K.) 

Secretary: R. S. WIMPENNY 



2nd July. 1964 



AS. XVI 

Sir, 

Circular letter to all Contracting Governments 

International Whaling Convention, 1946 

Amendments to the Schedule 

The Sixteenth Annual Meeting of the Commission closed on Friday 26th June, 1964. The various decisions 
taken at the meeting will be notified to you in due course, but this letter informs you of the amendments to the 
Schedule agreed upon by the Commission. 

The Schedule amendments are as follows:— 

Paragraph 2: For the existing sentence, substitute the following: — 

"It is forbidden to take or kill gray whales or right whales except by aborigines or a 
Contracting Grovernment on behalf of aborigines and only when the meat and products of 
such whales are to be used exclusively for local consumption by the aborigines." 

Paragraph 4(1): Delete 1965 and insert 1970. 

Paragraph 6(1): Delete 1964 and insert 1969. 

Paragraph 6(3): Delete the words "except in the waters north of 55° south latitude from 0° eastwards to 80° 
east longitude. 



Multilateral / Marine Mammals 1457 

Paragraph 9(a): Delete 1962 in the ninth hne and insert 1965. 

Paragraph 9(b): Delete 1962 in the eighth line and insert 1965. 

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 30th September, 1964 and in the absence of objections 
by that date the amendments will become effective and you will be notified accordingly. 

The Commission failed to agree on amendment of Article 8(a) of the Schedule. 

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 

INTERNATIONAL WHALING COMMISSION 

EAST BLOCK, WHITEHALL PLACE, LONDON, S.W.I 
Telephone: TRAFALGAR 7711 (Extension 383) 

C/iaJrmara.- M. N. SUKHORUCHENKO (U.S.S.R.) 

Vice-chairman: H: GARDNER (tftKi 

Secretary: R. S. WIMPENNY 



1st October 1964 



A. S. XVI 



Circular Conmmnication to all Contracting Governments 

International Whaling Convention, 1946 

Amendments of Schedule 

The Secretary refers to his circular communication of 2nd July, 1964 about the amendments to the Schedule 
to the Convention which the Commission agreed upon at the Sixteenth Meeting. 

In a letter dated 30th September, 1964 from the Japanese Ambassador in London, a copy of which is enclosed, 
the Secretary has been informed that the Government of Japan object to the amendment to paragraph 6(3) of the 
Schedule. 

In accordance with Article V(3) of the Convention the amendment to paragraph 6(3) will now remain 
inoperative for an additional period of 90 days from 30th September, 1964, that is until midnight on 29th December, 
1964, when in the absence of further objections the amendment to paragraph 6(3) will then become binding on all 
Contracting Governments except the Government of Japan. 

No objections have been received to the other amendments proposed at the Sixteenth Meeting, i.e. to 
paragraphs 2, 4( 1), 6( 1), 9(a) and 9(b), and these amendments, which are repeated overleaf, therefore become binding 
on all Contracting Governments from 1st October, 1964. 

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



1458 The Marine Mammal Commission Compendium 



INTERNATIONAL WHALING COMMISSION 

EAST BLOCK, WHITEHALL PLACE, LONDON, S.W.I 
Tfelephone: TRAFALGAR 7711 (Extension 383) 

Chairman: M. N. SUKHORUCHENKO (U.S.S.R.) 

Vice-chairman: H. GARDNER (U.K.) 

Secretary: R. S. WIMPENNY 

23rd December, 1964 
A.S.XVI , 

Circular Comimmication to all Contracting Governments 

International Whaling Convention, 1946 

Amendments to Schedule 

The Secretary refers to his circular communication of 1st October, 1964 in which Contracting Governments 
were informed of the objection of the Japanese Government to the amendment to paragraph 6(3) of the Schedule. 

In a letter received on 22nd December, 1964 the Secretary was informed that the Government of Norway objects 
to the amendment to paragraph 6(3) of the Schedule. The text of the letter of objection is attached. 

In accordance with the terms of Article V(3) of the Convention the amendment to paragraph 6(3) of the Schedule 
will now remain inoperative for a further 30 days from the date of receipt of the letter of objection from the Government 
of Norway, that is until 21st January 1965. Thereafter the amendment to this paragraph of the Schedule will be 
binding on all Contracting Governments except the Governments of Japan and Norway or any other Contracting 
Government who under Article V(3) of the Convention registers objection before the end of the 30 day period on 
21st January, 1965. 

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

INTERNATIONAL WHALING COMMISSION 

EAST BLOCK, WHITEHALL PLACE, LONDON, S.W.I 
Telephone: TRAFALGAR 7711 (Extension 383) 

C/tofr?nara; M. N. SUKHORUCHENKO (U.S.S.R.) ,r' 

Vice-Chairman: H: GARDNER (U.K.) 
Secretary.- R. S. WIMPENNY 

22nd January, 1965 

A.S.XVI 

CirciJar Co mm u n ication to Contracting Governments 

International Whaling Convention, 1946 

Amendments to Schedule 

In communications dated 21st January, 1965 the Secretary has been informed that the Governments of the 
United Kingdom and the Union of Soviet Socialist Republics object to the amendment to paragraph 6(3) of the 
Schedule which the Commission adopted at the Sixteenth Meeting. The texts of the statements from both of these 
Governments are attached. 



Multilateral / Marine Mammals 1459 



Contracting Governments were advised in the Secretary's communications of 1st October and 23rd December, 
1964 of the objections lodged to the amendment of paragraph 6(3) of the Schedule by the Governments of Japan and 
Norway. 

The amendment to paragraph 6( 3 ) of the Schedule closed to blue whaling the waters south of 40° South Latitude 
and north of 55° South Latitude from 0° eastwards to 80° East Longitude and thus gave complete protection to blue 
whales in the Antarctic. The amendment comes into effect on 22nd January, 1965, but is not binding upon those 
Governments who have objected to it i.e. the Governments of Japan, Norway, the United Kingdom and the Union of 
Soviet Socialist Republics. 

A copy of this communication is being sent to all Commissioners and to members of the Scientific Committee. 



Amendments to the Schedule to the 

International Convention for the 
Regulation of Whaling, London, 1965 



Done at London 2 July 1965 

Entered into force 5 October 1965 except for those 
Amendments which entered into force 4 January 1966 

Primary source citation: 17 UST 35, TIAS 5953 



ESTERNATIONAL WHALING COMMISSION 

EAST BLOCK, WHITEHALL PLACE, LONDON, S.W.I 
Tfelephone: TRAFALGAR 7711 (Extension 383) 

Chairman: M. N. SUKHORUCHENKO (U.S.S.R.) 
Vice-Chairman: 

Secretary: R. S. WIMPENNY 



7th July. 1965 



ASXVII 
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 foUows:- 

Paragraph4(l) 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. 



1460 



Multilateral / Marine Mammals 1461 



(5) It is forbidden to use a whale catcher attached to a factory ship for the purpose of 
kiUing 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 foUowing:- 

"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 Eun, Sir, 

Your obedient Servant, 

R. S. Wimpenny 

Secretary to the Commission 



INTERNATIONAL WHALING COMMISSION 

EAST BLOCK, WHITEHALL PLACE, LONDON, S.W.I 
Telephone: TRAFALGAR 7711 (Extension 383) 

CAairmara; M. N. SUKHORUCHENKO (U.S.S.R.) 

Vice-chairman: 'W.C. TAME (V.K.) 

Secretory- R- S. WIMPENNY 

15th September, 1965. 

A.S. XVII 

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. 



1462 The Marine Mammal Commission Compendium 



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 kiUing 
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] 

''"'" " ■ '■ COPY ' . ' ; „; ' -^ ' ^. 

;.->'. ■ ' ■: W, '.,:. J ■,,,',.■ I. ■• ^ , , i, ' • ■ ■ , ■ .,: Moscow 

■" ;/ ; . w; r, i . • : ,_, September 10th, 1965 

Mr. R. S. WiMPEiWY , . ■,, 

the Secretary, 

International Whaling Commission, 

East Block, Whitehall Place, . ■■ : • ; i; 

London, S.W.I 

Dear Mr. Wmpenny, 

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. 



M. SUKHORUCHENKO 

Commissioner for the USSR 






Multilateral / Marine Mammals 1463 



INTERNATIONAL WHALING COMMISSION 

EAST BLOCK, WHITEHALL PLACE, LONDON, S.W.I 
Ifelephone: TRAFALGAR 7711 (Extension 383) 

Chairman: M. N. SUKHORUCHENKO (U.S.S.R.) 

Vice-chairman: W. C. TAME (U.K) 

Secretary: R. S. WIMPENNY 

6th October, 1965. 

AS. XVII 

Circular Comiminication 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 Govern- 
ment 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 foUovdng:- 

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 



]^464 The Marine Mammal Commission Compendium 



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] "^ 

COPY ; 



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. :■' i.-' '• ... ' .:. »• , . 



INTERNATIONAL WHALING COMMISSION 

EAST BLOCK, WHITEHALL PLACE, LONDON, S.W.I 
Tfelephone: TRAFALGAR 7711 (Extension 383) 

C^iairmara; M. N. SUKHORUCHENKO (U.S.S.R.) ■, 

Vice-Chairman: W. C. TAME (U.K.) 
Secretary: R. S. WIMPENNY 

2nd November, 1965. 

A.S.XVII ■.■•.r;^, -,,._. >,,-.. :-,,;■, . •. V ,/ , 

Circxilar Comnminjcation to all Contracting Governments 
International Whaling Convention, 1946 

Amendments to Schedule i 

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 



Multilateral / Marine Mammals 1465 



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 "Adll 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: BELGRAV1A7151 



London, 20th October, 1965. 

R. S. WlMPE>fNY, Esq., 

Secretary, 

International Whaling Commission, 

East Block, 

Whitehall Place, 

London, S.W.I. 

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. 



Georo Knap Thestrup 
Counsellor 



]^466 The Marine Mammal Commission Compendium 



[Enclosure] 



MINISTRY OF AGRICULTURE, FISHERIES AND FOOD 

WHITEHALL PLACE, LONDON S.W.I 
TELEPHONE: TRAFALGAR 7711, EXT. 



29th October, 1965. 



R. S. WiMPENNY, Esq., O.B.E., 

Secretary, 

International Whaling Commission, 

Whitehall Place East, S.W.I. 

Our ref: 
FOB. 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. 



INTERNATIONAL WHALING COMMISSION 

EAST BLOCK, WHITEHALL PLACE, LONDON, S.W.I 
Telephone: TRAFALGAR 7711 (Extension 383) 

Chairman: U. N. SUKHORUCHENKO (U.S.S.R.) 

Vice-chairman: W. C. TAME (U.K) 

Secretary-- R. S. WIMPENNY 



4th January, 1966 



A.S. XVII 



Circular Comimuiication to aU 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 amend- 
ment 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. 



Amendments to the Schedule to the 

International Convention for the 
Regulation of Whaling, London, 1966 



Done at London 1 July 1966 

Entered into force 5 October 1966 

Primary source citation: 17 UST 1640, TIAS 6120 



INTERNATIONAL WHALING COMMISSION 

EAST BLOCK, WHITEHALL PLACE, LONDON, S.W.I 
Tfelephone: TRAFALGAR 7711 (Extension 383) 

Chairman: W. C. TAME (U.K.) 
Vice-chairman: 1. FUJITA (JAPAN) 

5th October, 1966. 

AS XVIII 

Circular Communication to all Contracting Government s 

International Whaling Convention, 1946 

Amendments to the Schedule 

The Acting Secretary refers to his circular communication of 6th July, 1966 concerning the amendments to the 
Schedule to the Convention which the Commission agreed upon at the Eighteenth Meeting. 

No objections have been received to these amendments and in accordance with Article V of the Convention 
they therefore become binding on all Contracting Governments from 5th October, 1966. 

The amendments are repeated below:- 

Paragraph 6(4) Delete "1966" in the second line and insert in its place "1967". 

Paragraph 7(a) Delete the semi-colon after the word "inclusive" in the fourth line and insert a full stop. 
Delete the words "and no such whale catcher shall be used for the purpose of killing or 
attempting to kill blue whales before the 14th February in any year". 

Paragraph 8(a) Delete the words after "shall not exceed" in the third line to the end of the sub-paragraph 
and insert in their place "3,500 blue whale units in 1966/67. The total catch for 1967/68 
shall be less than the combined sustainable jrields of the fin and sei whale stocks as 
determined on the basis of more precise scientific evidence." 



Amendments to the Schedule to the 

International Convention for the 
Regulation of Whaling, London, 1967 



Done at London 30 June 1967 

Entered into force 6 October 1967 

Primary source citation: 18 UST 2391, TIAS 6345 



INTERNATIONAL WHALING COMMISSION 

EAST BLOCK, WHITEHALL PLACE, LONDON, S.W.I 
Ttelephone: TRAFALGAR 7711 (Extension 543) 

Chairman: W. C. TAME (U.K.) 

Vice-chairman: I. FUJITA (JAPAN) 

Secretary: R. STAGEY 



6th October, 1967 



AS.XDC 



Circular Communication to all Contracting Governments 

International Whaling Convention, 1946 

Amendments to the Schedule 

The Secretary refers to his Circular Communication of 7th July, 1967 concerning the amendments to the 
Schedule to the Convention which the Commission adopted at its 19th Annual Meeting. No objections have been 
received to the amendments and in accordance with Article V of the Convention, they therefore become binding on 
all Contracting Governments as from 6th October, 1967. 

The Schedule amendments are as foUows:- 

Paragraph 6(3) Delete the words "40° South Latitude" and insert in their place the words "the Equator". 

Paragraph 6(4) Delete the words "during the 1967 season" and insert in their place "for three years 
beginning with the 1968 season". 

Paragraph 8(a) Delete the whole of this paragraph and insert in its place the following paragraphs:- 

"(a) The number of baleen whales taken during the open season in waters south of 40° 
South Latitude by whale catchers attached to factory ships under the jurisdiction of the 
Contracting Governments shall not exceed 3,200 blue whale units in 1967/68." 

Paragraph 9(a) Delete the word "1965" in line 9 and insert in its place the word "1968". 

Psiragraph 9(b) Delete the word "1965" in line 8 and insert in its place the word "1968". 

Copies of the revised Schedule incorporating these amendments will be circulated as soon as possible. 



1468 



Amendments to the Schedule to the 

International Convention for the 
Regulation of Whaling, Tokyo, 1968 



Done at Tokyo 28 June 1968 

Entered into force 10 October 1968 

Primary source citation: 19 UST 6030, TIAS 6562 



INTERNATIONAL WHALING COMMISSION 

EAST BLOCK, WHITEHALL PLACE, LONDON, S.W.I 
Telephone: TRAFALGAR 7711 (Extension 543) 

Chairman: I. FUJITA (JAPAN) 

Vice-Chairman: J. L. McHUGH (U.S.A.) 

Secretary.- R. STAGEY 



10th October, 1965 



A.S. XX 



Circular Communication to All Contracting Governments 

International Whaling Convention, 1946 

Amendments to the Schedule 

With reference to the Secretar/s circular communication of 11th July, 1968, notifying Contracting Govern- 
ments of the amendments to the Schedule to the Convention agreed at the Commission's Twentieth Annual Meeting, 
no objections have been received to these amendments and they therefore become binding on all Contracting 
Governments as from 10th October, 1968, in accordance with Article V of the Convention. 

The amendments are as follows: 

Paragraph 1(a), line 3. Delete the words "the Antarctic". 

Paragraph Kb), line 1. Add after "station" the following sentence: 

"There shall be maintained such observers as the member countries having jurisdiction over land 
stations may arrange to place at each other's land stations." 

Paragraph 8(a), line 3. Delete "1967/68" and substitute, "1968/69". 

A revised Schedule incorporating these amendments will be circulated in due course. 

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



Amendments to the Schedule to the 

International Convention for the 
Regulation of Whaling, London, 1969 



Done at London 27 June 1969 

Entered into force 6 October 1969 

Primary source citaHon: 20 UST 4063, TIAS 6794 



INTERNATIONAL WHALING COMMISSION 

EAST BLOCK, WHITEHALL PLACE, LONDON, S.W.I 
Telephone: TRAFALGAR 7711 (Extension 543) 

Chairman: I. FUJITA (JAPAN) 

Vice-chairman: J. L. McHUGH (U.S.A.) 

Secretary: R. STACEY 



16th October, 1969 



AS.XXI 



Circular letter to aU Contracting Governments - 

International Whaling Convention, 1946 
Amendments to the Schedule 

With reference to the Secretary's circular note of 7th July, 1969, notifying Contracting Governments of the 
amendments to the Schedule to the Convention agreed at the Commission's Twenty-first Annual Meeting, no 
objections have been received to these amendments and they therefore become binding on all Contracting Govern- 
ments as from 6th October, 1969, in accordance with Article V of the Convention. 

The amendments are as follows: . ., 

Paragraph 4(l)(a) Delete the words after "Ocean" and substitute the following: "for the three years 

ending on 24th February, 1973." 

Paragraph 6(1), line 2 Delete "1969" and substitute "1972". 

Paragraph 8(a), line 3 Delete "3,200" and "1968/69" and substitute "2,700" and "1969/70" respectively. 

A revised Schedule incorporating these amendments will be circulated in due course. 

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



Amendments to the Schedule to the 

International Convention for the 
Regulation of Whaling, London, 1970 



Done at London 26 June 1970 

Entered into force 8 October 1970 

Primary source citation: 21 UST 2460, TIAS 6985 



INTERNATIONAL WHALING COMMISSION 

GREAT WESTMINSTER HOUSE, HORSEFERRY ROAD, LONDON, S.W.I 
Telephone: 01-834 8511 (Extension 405) 

CAa/rmore; I. FUJITA (JAPAN) 
Vice-chairman: J. L. McHUGH (U.S.A.) 
. Secretary: R. STAGEY 

28th October 1970 

A.S. XXII 

Circular Communication to all Contracting Governments 

International Whaling Convention 

Amendments to the Schedule 

With reference to the Secretary's circular of 9 July, 1970, notifying Contracting Governments of the amend- 
ments to the Schedule to the Convention agreed at the Commission's Twenty-Second Annual Meeting, no objections 
have been received to these amendments and they therefore become binding on all Contracting Governments as from 
8 October, 1970, in accordance with Article V of the Convention. The amendments are as follows: 

Paragraph 4(l)(b) Delete "1966" and substitute "1971" 

Paragraph 4(2) Delete the first two lines and substitute "It is forbidden to use a factory ship or whale catcher 

attached thereto for the purpose of taking or treating baleen whales except minke whales in 
any of the following areas:" 

Paragraph 5 Delete the first two lines and substitute "It is forbidden to use a factory ship or whale catcher 

attached thereto for the purpose of taking or treating baleen whales in the waters south of 40° 
South Latitude" 

Paragraph 6(4) Delete "1968" and substitute "1971". 

Paragraph 6(5) Delete the sub-paragraph and substitute the following: "It is forbidden to use a factory ship or 

whale catcher attached thereto for the purpose of taking or treating sperm whales in the waters 
between 40° South Latitude and 40° North Latitude*" 



1472 



The Marine Mammal Commission Compendium 



Paragraph 7(a) Delete first two lines and substitute "It is forbidden to use a factory ship or whale catcher attached 

thereto for the purpose of taking or treating baleen whales (excluding minke whales) in" 

Paragraph 7(b) Delete all words in second line before "sperm" and substitute "It is forbidden to use a factory 

ship or whale catcher attached thereto for the purpose of taking or treating" 

Paragraph 8(a)(i) Delete "whale catchers attached to factory ships" in second line and substitute "factory ships 

or whale catchers attached thereto" 

" " (ii) Z)etoe "1969/70" in last line and suftsriiute "1970/71" 



Paragraph 8(b)(3) After "sei" add "or Bryde's" 

Paragraph 8(c) Delete fourth line and substitute "all factory ships or whale catchers attached thereto under 

the jurisdiction of each Contracting" 

Paragraph 8(d) Delete last sentence and substitute "The taking or attempting to take baleen whales by factory 

ships or whale catchers attached thereto shall be illegal in any waters south of 40° South 
Latitude after midnight of the date so determined" 

Paragraph 8 Add three new sub-paragraphs as follows: 

"(f) Subject to sub-paragraph (h), the number of fin whales taken in the North Pacific Ocean and 
dependent waters excluding the catch in the East China Sea shall not exceed 1,308 whales in 
1971" 

(g) Subject to sub-paragraph (h), the number of sei and Bryde's whales combined taken in the 
North Pacific Ocean and dependent waters shall not exceed 4,710 whales, in 1971. The 
numbers taken in the succeeding few years shall be further adjusted on the basis of the latest 
scientific assessment so that within a few years the catch shall be less than the estimate of 
the sustainable yield. 

(h) The catch specified in either sub-paragraph (f) or (g) may be exceeded by not more than 10% 
provided that an appropriate reduction is made in the catch specified in the other sub-para- 
graph". 

Paragraph 9(a) First line, add "Bryde's" after "sei", 

Fourth and sixth lines, add "and Bryde's" after "sei" 
Ninth line, delete "1968" and substitute "1971" 

Paragraph 9(b) Second, Third and Fourth lines, delete "for delivery to factory ships or land stations" 

Eighth line, delete "1968" and substitute "1971" 

Paragraph 11 Second line, after "baleen whales" add "apart from minke whales" 

Third line, after "area" add "except the North Pacific Ocean and its dependent waters north 
of the Equator" 

Fourth line, after "season" add "provided that catch limits in the North Pacific Ocean and 
dependent waters are established as provided in paragraph 8(f), (g) and (h)" 

Paragraph 13(a) First line, delete "delivery to" and substitute "treatment by" 

Paragraph 13(d) Delete up to and including "inunediately" in the second hne and substitute "The information 

specified in sub-paragraph (c) of this paragraph shall be entered immediately by a factory ship" 

Paragraph 18(l)(i) Between sixth and seventh lines add ' "Bryde's whale" (Balaenoptera edeni or brydei) means 
any whale known by the name of "Bryde's whale" ' 

, . (ii) Delete "and shall be taken to include Bryde's whale (B. brydei)" from last two lines at foot of 

page 7 

A revised Schedule incorporating these amendments will be circulated in due course. 

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



Amendments to the Schedule to the 

International Convention for the 

Regulation of Whaling, Washington, 1971 

Done at Washington 25 June 1971 

Entered into force 5 October 1971 except for those 
Antendments which entered into force 3 January 1972 

Primary source citation: 23 UST 179, TIAS 7293 



INTERNATIONAL WHALING COMMISSION 

GREAT WESTMINSTER HOUSE, HORSEFERRY ROAD, LONDON, S.W.I 
TELEPHONE: 01-834 8511 (EXTENSION 405) 

Chairman: J. L. McHugh 

(USA) . ■ ... 

Vice-Chairman: I. Rindal 
(Norway) 
Secretary: R. Stacey 

6 July 1971 

AS XXIII 

Sm 

CIRCULAR COMMUNICATION TO ALL CONTRACTING GOVERNMENTS 

INTERNATIONAL WHALING CONVENTION 1946 

AMENDMENTS TO SCHEDULE 

1. At its twenty-third meeting held in Washington from 21 to 25 June 1971, the Commission agreed to the following 
amendments to the Schedule: 

Paragraph 1(a) Delete "and" to "ships" after "inspection" in hne 2 

Insert "provided that at least one such inspector shall be maintained on each catcher 
functioning as a factory ship" 

Paragraph Kb) Delete second sentence "There" to "stations." 

Paragraph 1 Insert new sub-paragraph (c) 

"1(c) There shall be received such observers as the member countries may arrange to place on 
factory ships and land stations or groups of land stations of other member countries. The 
observers shall be appointed by the Commission and paid by the Government nominating 
them." 

Paragraph 8(a) Delete "2,700" in penultimate line and substitute "2,300" 

Delete "1970/71" in last line and substitute "1971/72" 



1473 



1474 The Marine Mammal Commission Compendium 



Paragraph 8(f) Delete "1,308" in last line and substitute "1,046" 

Delete "1971" in last line and substitute "1972" 

Paragraph 8(g) Delete "4,710" in line 2 and substitute "3,768" 

Delete "1971" in hne 3 and substitute "1972" 
Delete "the succeeding few years" in line 3 and substitute "1973" 
Delete "within a few years" in line 4. 

Paragraph 8(h) Insert before "The catch" at beginning of paragraph "Until the end of 1972" 

Paragraph 8 Insert new sub-paragraph (i) 

"8(i) The number of sperm whales taken in the North Pacific Ocean and dependent waters 
shall not exceed 10,841 whales in 1972." 

Paragraph 8 Insert new sub-paragraph (j) 

"8(j) The number of sperm whales taken in the area south of the Equator and between 20° 
East longitude and 70° East longitude in the 1971/72 pelagic season shall not exceed 
923 whales and in the 1972 coastal season shall not exceed 1,824 whales. These figures in 
subsequent seasons to be further adjusted on the basis of the latest scientific assessment." 

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

3. The ninety days period will expire at midnight on 4 October 1971. In the absence of objections by that date the 
amendments will become effective. Contracting Governments will be notified accordingly. 

4. Will you please acknowledge receipt of this letter, a copy of which is being sent to each Commissioner. 

I am. Sir Your obedient Servant , • • 

R Stacey 

Secretary to the Commission 



INTERNATIONAL WHALING COMMISSION 

GREAT WESTMINSTER HOUSE, HORSEFERRY ROAD, LONDON, S.W.I 
TELEPHONE: 01-834 8511 (EXTENSION 405) 

Chairman: J. L. McHugh 

(USA) 
Vice-Chairman: I. Rindal 

(Norway) ' . ._.••■ ■ ; , 

Secretary: R. Stacey 

5th October, 1971 



CIRCULAR COMMUNICATION TO ALL CONTRACTING GOVERNMENTS 

INTERNATIONAL WHALING CONVENTION 1946 

AMENDMENTS TO SCHEDULE 

The Secretary refers to his circular letter of 6 July 1971, notifying Contracting Governments of the amend- 
ments to the Schedule to the Convention agreed at the Commission's Twenty-third Annual Meeting. 



Multilateral / Marine Mammals 



1475 



In a Note dated 1 October 1971 from the Japanese Ambassador in London, a copy of which is enclosed, the 
Secretary has been informed that the Government of Japan objects to the amendment to add the new sub- 
paragraph (j) to paragraph 8 of the Schedule. 

In accordance with Article V (3) of the Convention the amendment to add sub-paragraph 8(j) will now remain 
inoperative for an additional period of 90 days from 4 October 1971 when in the absence of further objections the 
amendment to add sub-paragraph 8(j) will become binding on all Contracting Governments except the Government 
of Japan. The 90 day period will end at midnight on 2 January 1972. 

No objections have been received to the other amendments proposed at the Twenty-third Meeting, i.e. to 
paragraphs 1(a), Kb), 1(c), 8(a), 8(0, 8(g), 8(h), 8(i), and these amendments, which are repeated overleaf, therefore 
become binding on all Contracting Governments from 5 October 1971. 

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

SCHEDULE AMENDMENTS MADE AT THE TWENTY-THHID MEETING 
WHICH COME INTO FORCE 5 OCTOBER 1971 

Paragraph 1(a) Delete "and" to "ships" after "inspection" in line 2 

Insert "provided that at least one such inspector shall be maintained on each catcher 
functioning as a factory ship" 

Paragraph Kb) Delete second sentence "There" to "stations". 

Paragraph 1 Insert new sub-paragraph (c) 

"1(c) There shall be received such observers as the member countries may arrange to place on 
factory ships and land stations or groups of land stations of other member countries. The 
observers shall be appointed by the Commission and paid by the Government nominating 
them". 

Pitragraph 8(a) Delete "2,700" in penultimate line and substitute "2,300" 

Delete "1970/71" in last line and substitute "1971/72" 

Paragraph 8(0 Delete "1,308" in last line and substitute "1,046" 

Delete "1971" in last line and substitute "1972" 

Paragraph 8(g) Delete "4,710" in line 2 and substitute "3,768" 

Delete "1971" in line 3 and substitute "1972" 
Delete "the succeeding few years" in Une 3 and substitute "1973" 
Delete "within a few years" in line 4. 

Paragraph 8(h) Insert before "The catch" at beginning of paragraph "Until the end of 1972" 

Paragraph 8 Insert new sub-paragraph (i) 

"8(i) The number of sperm whales taken in the North Pacific Ocean and dependent waters 
shall not exceed 10,841 whales in 1972". 






1476 The Marine Mammal Commission Compendium 



INTERNATIONAL WHALING COMMISSION 

GREAT WESTMINSTER HOUSE, HORSEFERRY ROAD, LONDON, S.W.I 
TELEPHONE: 01-834 8511 (EXTENSION 405) 

•^ Chairman: J . L. McHugh ," - li 

■ , i . (USA) ■ ■ ' ■■;; ' ■ : ■:^^ =^--'^ ■■ 

Vice-Chairman: I. Rindal 

(Norway) '. ■ '. .'" 

Secretary: R. Stacey 

' ■ 3 January 1971 



CIRCULAR COMMUNICATION TO CONTRACTING GOVERNMENTS 

INTERNATIONAL WHALING CONVENTION 1946 

AMENDMENTS TO SCHEDULE 

Contracting Governments were advised in the Secretary's communications of 5 and 12 October 1971 of 
objections lodged to the amendment to add the new sub-paragraph (j) to paragraph 8 of the Schedule by the 
Governments of Japan and the Union of Soviet Socialist Republics. No further objections have been received. 

The terms of the amendment adding sub-paragraph (j) to paragraph 8 of the Schedule, which established 
quotas in respect of sperm whales taken in the area south of the Equator between 20° and 70° East Longitude, are 
repeated overleaf The amendment comes into effect on 3 January 1972 but is not binding upon those Governments 
who have objected to it (Japan and the USSR). 

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



Paragraph 8 Insert new sub-paragraph (j) 



"8(j) The number of sperm whales taken in the area south of the Equator and between 20° 
East Longitude and 70° East Longitude in the 1971/72 pelagic season shall not exceed 923 
whales and in the 1972 coastal season shall not exceed 1,824 whales. These figures in 
subsequent seasons to be further adjusted on the basis of the latest scientific assessment." 



Amendments to the Schedule to the 

International Convention for the 
Regulation of Whaling, London, 1972 



Done at London 30 June 1972 

Entered into force 5 October 1972 

Primary source citation: 23 UST 2820, TIAS 7471 



INTERNATIONAL WHALING COMMISSION 

GREAT WESTMINSTER HOUSE, HORSEFERRY ROAD, LONDON, S.W. IP 2AE 
Telephone: 01-834 8511 (Extension 405) 

Chairman: I. Rindal (Norway) 

Vlce-C/iaJrman; C. G. Setter (Australia) 

Secretary: R. Stacey 

5 October 1972 

RefASXXIV 

CIRCULAR COMMUNICATION TO ALL CONTRACTING GOVERNMENTS 
INTERNATIONAL WHALING CONVENTION 1946 

AMENDMENTS TO SCHEDULE 

The Secretary refers to his circular letter of 6 July 1972, notifying Contracting Governments of the amend- 
ments to the Schedule to the Convention agreed at the Commission's Twenty-fourth Annual Meeting. 

No objections have been received to the amendments proposed at the Twenty-fourth Meeting i.e. to paragraphs 
1(c), 4(l)(a), 5, 6(1), 8(a), (b), (c), (d), (e), (f), (g), (h), (i), (j), 9(c), 11 and 12(a) and these amendments, shown overleaf, 
therefore become binding on all Contracting Governments from 5 October 1972. 

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

SCHEDULE AMENDMENTS MADE AT THE TWENTY-FOURTH MEETING 
WHICH COME INTO FORCE ON 5 OCTOBER 1972 

Paragraph 1 (c) Insert after "Commission" line 3 "acting through its Secretary". 

Paragraph 4 (1) (a) Delete the words "for three years ending on 24th February 1973". 



1477 



1478 



The Marine Mammal Commission Compendium 



Paragraph 5 

Paragraph 6 (1) 

Paragraph 8 (a) 

Paragraph 8 (b) 
Paragraph 8 (c) 



Paragraph 8 ( d) 


Paragraph 8 (e) 


Paragraph 8 (f) 


Paragraph 8 (g) 


Paragraph 8 (h) 


Paragraph 8 (i) 


Paragraph 8 (j) 


Paragraph 9 (c) 


Paragraph 11 


Paragraph 12 (a) 



Delete whole paragraph. Insert "[This paragraph was deleted following a recommendation 
made at the 24th Meeting]". 

Delete after "Ocean" line 2 "for a period ending on 8th November 1972". Delete "close season" 
line 3 and substitute "prohibition". 

Delete after "exceed" line 3 "2,300 blue whale units in 1971/72" and substitute "1,950 fin and 
5,000 sei and Bryde's whales combined and 5,000 minke whales in 1972/73". 

Delete whole sub-paragraph. 

Renumber 8 (b) delete "blue whale units" line 3 and substitute "fin, sei, Bryde's and minke 

whales". 

Delete "blue whale units" line 5 and substitute "each of these species". 

Delete "blue whale units" last line and substitute "each of these species". 

Renumber 8 { c) delete "whales" line 4 and substitute "each of these species". 

Renumber 8 (d). . . 

Renumber 8 (e) delete "Subject to subparagraph (h)" hne 1. Delete after "exceed" line 2 "1,046" 
and "1972" and substitute "650" and "1973". 

Renumber 8 (f) delete "Subject to subparagraph (h)". Delete after "exceed" line 2 "3768" and 
"1972" line 3 and substitute "3,000" and "1973". Delete last sentence. 

Delete whole sub-paragraph. 

Renumber 8 (g). Delete after "exceed" in line 2 "10,841 whales in 1972" and substitute "6,000 
male and 4,000 female sperm whales in 1973". 

Delete whole sub-paragraph and footnote and substitute sub-paragraph 8 (h) "The number of 
sperm whales taken in the Southern Hemisphere in the 1972/73 pelagic season and the 1973 
coastal season shall not exceed 8,000 males and 5,000 females". 

Delete "38" to "stations" lines 1, 2 and 3 and substitute "30 feet (9.2 metres) in length except 
in the North Atlantic Ocean where it is forbidden to take or kill any sperm whale below 35 feet 

(10.7 metres)." 

Delete after "8" line 6 "(f), (g) and (h)" and substitute "(e) and (f)". 
Delete "5" in the last hne. 



Amendments to the Schedule to the 

International Convention for the 
Regulation of Whaling, London, 1973 

Done at London 29 June 1973 

Entered into force 4 October 1973 except for those 
Amendments which entered into force 2 January 1974 

Primary source citation: 25 UST 2591, TIAS 7936 



I^fTERNATIONAL WHALING COMMISSION 

GREAT WESTMINSTER HOUSE, HORSEFERRY ROAD, LONDON, S.W.IP 2AE 
TELEPHONE: 01-834 8511 (EXTENSION 405) 

CHAIRMAN: I. RINDAL (NORWAY) 

VICE-CHAIRMAN: A.G. BOLLEN (AUSTRALIA) 

SECRETARY: R. STACEY 

5 July 1973 

ASXXV 

Sir 

CIRCULAR COMMUNICATION TO ALL CONTRACTING GOVERNMENTS, 

INTERNATIONAL WHALING CONVENTION 1946 

AMENDMENTS TO THE SCHEDULE 

1. At its twenty-fifth meeting held in London from 25 to 29 June 1973, the Commission agreed to the 
following amendments to the Schedule: 

Paragraph 4 Delete sub-paragraphs 4(1) (a) and (b) 

Insert "It is forbidden to kill or attempt to kill blue whales". 

Paragraph 6 Delete in sub-paragraph 6(1) "in the North Atlantic Ocean" 

Insert at the end of the second line "not below 35 feet (10.7 metres) in length". 
■ ' Delete sub-paragraphs 6 (2), (3) and (4) 
Delete sub-paragraph 6(5). 

Paragraph 7 Delete in sub-paragraph 7( a) "(excluding minke whales)" 

Insert after "whales" in line 2 "except minke whales". 

Paragraph 8 Sub-paragraph 8(a) 

Delete "1950" line 3 Insert "1450" 
Delete "5000" line 3 Insert "4500" 



1479 



1480 



The Marine Mammal Commission Compendium 



Areas II+III 

" rv+v 

" VI+I 



Delete "1972/73" line 4 Insert "1973/74" " "' ' " 

Insert after "1973/74". "The taking of fin whales shall cease not later than 30 June 1976" 

Sub-paragraph 8(e) 

Delete "650" line 2 Insert "550" • . . . 

Delete "1973" line 2 Insert "1974" ' 

Sub-paragraphs 8 (f) and (g) 

Delete "1973" line 2 Insert "1974" . : , 

Sub-paragraph 8(h) 

Delete "1972/73" line 1 Insert "1973/74" 

Delete "1973" line 2 Insert "1974" ; ■ 

Insert after "females" line 2 

"The total catches in any of the Areas I to VI shall not exceed the limits shown below: — 



60°W-70°E 
70°E-170°W 
170''W-60''W 



Male 
1900 
2900 
3200 



Female 
1800 
2100 
1100 



Paragraph 9 



Paragraph 10 



Paragraph 15 



Paragraph 17 



Sub-paragraph 9(a) 

Delete the first six lines and Insert "It is forbidden to take or kill any sei or Bryde's whales 

below 40 feet (12.2 metres) except that sei and Bryde's whales" 

Delete in lines 8 and 9 "except in the north-east Pacific area for a period of three years starting 

1st April 1971". 

Sub-paragraph 9(b) 

Delete in lines 6 and 7 "except in the north-east Pacific area for a period of three years starting 

1st April 1971". 

Sub-paragraph 10(b) 

Delete "(excluding rainke)" line 3 Insert "except minke whales" 

Delete "(excluding rainke)" line 8 Insert "except minke whales" 

Sub-paragraph 10(c) 

Delete "(excluding minke whales)" line 6 

Insert "except minke whales". 

Delete paragraph 

Insert "A Contracting Government shall transmit to the Commission copies of all its official 
laws and regulations relating to whales and whaling and changes in such laws and regula- 
tions". 

Delete sub-paragraphs 17(c) (1) and (2) and the accompanying footnote. 



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

3. The ninety days period will expire at midnight on 3 October. In the absence of objections by that date the 
2unendments will become effective. Contracting Governments will be notified accordingly. 

4. Will you please acknowledge receipt of this letter, a copy of which is being sent to each Commissioner. 

I am, Sir 
.< I ' Your obedient Servant 



R Stagey 

Secretary to the Commission 



Multilateral / Marine Mammals 1481 



INTERNATIONAL WHALING COMMISSION 

GREAT WESTMINSTER HOUSE, HORSEFERRY ROAD, LONDON, S.W. IP 2AE 
TELEPHONE: 01-834 8511 (EXTENSION 405) 

CHAIRMAN: I. RINDAL (NORWAY) 

VICE-CHAIRMAN: AG. BOLLEN (AUSTRALIA) 

SECRETARY: R. STAGEY 

5 October 1973 

Reference AS XXV • 

CmCUlAR COMMUNICATION TO ALL CONTRACTING GOVERNMENTS 

AND COMMISSIONERS, INTERNATIONAL WHALING 

CONVENTION 1946, AMENDMENTS TO THE SCHEDULE. 

1. The Secretary refers to his circular letter dated 5th July 1973, notifying Contracting Governments of the 
amendments to the Schedule to the Convention agreed at the Commission's Twenty-fifth Annual Meeting. 

2. As announced in circular communication dated 18th September 1973, the Government of Japan has 
objected to the following amendments: — 

1. the insertion in sub-paragraph 8(a) relating to cessation of the taking of fin whales after June 1976. 

2. the maximum catch relating to minke whales in 1973/74 in subparagraph 8(a). 

3. the insertion providing for area catch limits after "females" in line 2 of sub-paragraph 8(h). 

The Government of the USSR has also notified the Commission of its objection to (2) and (3) of these 
amendments. In accordance with Article V (3) of the Convention these amendments will remain inoperative for an 
additional period of 90 days from the 4th October 1973 when, in the absence of further objections these amendments 
will become binding on all Contracting Governments except the (Government of Japan in respect of (1) (2) (3) and the 
Government of the USSR in respect of (2) and (3). 

3. No other objections have been received to the amendments approved at the Twenty-fifth Meeting and the 
amendments in the following paragraphs therefore become binding on all Contracting Governments from 4th October 
1973: 

Paragraph 4 sub-paragraphs (1) (a) and (b) 

Paragraph 6 sub-paragraphs (1) (2) (3) (4) and (5) 

Paragraph 7 (a) 

Paragraph 8 sub-paragraph (a) except maximum catch relating to minke whales in 1973/74 and the insertion 
"the taking of fin whales shall cease not later than 30th June 1976", (e) (f) (g) and (h) except the insertion 
after "females" in line 2 providing for area catch limits. 

Paragraph 9 (a) and (b) 

Paragraph 10 (b) and (c) 

Paragraph 15 

Paragraph 17 sub-paragraph (c), (1) and (2) and accompanying footnote. 



1482 The Marine Mammal Commission Compendium 



4. The Secretary requests an acknowledgement of the receipt of the Communication, a copy of which is being 
sent to all Commissioners. . • • , . 



INTERNATIONAL WHALING COMMISSION 

GREAT WESTMINSTER HOUSE, HORSEFERRY ROAD, LONDON, S.W.IP 2AE 
TELEPHONE: 01-834 8511 (EXTENSION 405) 

CHAIRMAN: I. RINDAL (NORWAY) 

VICE-CHAIRMAN: A.G. BOLLEN (AUSTRALL^) 

SECRETARY: R. STAGEY 

DrRM White ; ' , : , 

Administrator of NOAA . ., , ' . - — : 

Department of Commerce 
USA • 

9 January 1974 
OurRefAS 

CIRCULAR COMMUNICATION TO CONTRACTING GOVERNMENTS, 

INTERNATIONAL WHALING CONVENTION 1946, 

AMENDMENTS TO THE SCHEDULE. 

Contracting Governments were advised in the Secretary's Communications of 18th September and 5th October 
1973 of objections lodged to parts of the amendments to sub-paragraph 8(a) and 8(b)i by the Governments of Japan 
and the Union of the Soviet Socialist Republics. These objections have not been withdrawn and no further objections 
have been received. The amended sub-paragraphs are reproduced below and are now fully operative. The parts 
underlined to which objections were raised came into effect on 2nd January 1974 but are not binding on the 
Governments who objected to them. 

The Secretary requested the acknowledgement of the receipt of this communication, a copy of which is being 
sent to all Commissioners. 

8. (a) The number of baleen whales taken during the open season in waters south of 40 South Latitude by 
factory ships or whale catchers attached thereto under the jurisdiction of the Contracting Governments 
shall not exceed 1,450 fin whales, 4,500 sei and Bryde's whales combined and 5,000*t minke whales in 
1973/74. The taking of fin whales shall cease not later than 30 June 1976. * 

8. (h) The number of sperm whales taken in the Southern Hemisphere in the 1973/74 pelagic season and the 
1973 coastal season shall not exceed 8,000 males and 5,000 females. The total catches in any of the 
Areas I to VI shall not exceed the limits shown below: *t 

Handin 60°W — 70°E 

IV and V 70°E — 170°W 

VI and I 170'=W— 60°E 

8,000 5,000 



MALE 


FEMALE 


1,900 


1,800 


2,900 


2,100 


3,200 


1,100 



Should read "Sihf. [Footnote added by the Department of State.] 
*Not binding on the Government of Japan. 
tNot binding on the Government of the USSR. 



Amendments to the Schedule to the 

International Convention for the 
Regulation of Whaling, London, 1974 



Done at London 28 June 1974 

Entered into force 2 October 1974 

Primary source citation: 25 UST 2978, TIAS 7960 



INTERNATIONAL WHALING COMMISSION 

GREAT WESTMINSTER HOUSE, HORSEFERRY ROAD, LONDON S.W. IP 2AE 
TELEPHONE: 01-834 8511 (EXTENSION 7405) 

Chairman: I. RiNDAL (Norway) 

Vice-Chairman: A. G. BoLLEN (Australia) 

Secretary: R. Stacey 

3 October 1974 

Ref: AS XXVI 

CIRCULAR COMMUNICATION TO ALL CONTRACTING GOVERNMENTS 
INTERNATIONAL WHALING CONVENTION 1946 

AMENDMENTS TO THE SCHEDULE 

The Secretary refers to his circular letter of 3 July, 1974 notifying Contracting Governments of the amendments 
to the Schedule of the Convention agreed at the Commission's Twenty-sixth Annual Meeting. 

No objections have been received to the amendments which are listed overleaf and they therefore became 
binding on all Contracting Governments from 2 October, 1974. 

The Secretary requests an acknowledgment of this communication, a copy of which is also being sent to all 
Commissioners. 



LIST OF AMENDMENTS TO THE SCHEDULE APPROVED BY THE 
COMMISSION AT ITS 26TH MEETING 

Paragraph 1 Add the following at end of paragraph: 

'lost whale' means any whale that has been taken but not delivered to the factory ship or land 
station. 



Paragraph 11 Line 3: delete 1,450 insert 1,000 



1484 



The Marine Mammal Commission Compendium 



4,500 
5,000 
1973/74 



4,000 
7,000 
1974/75 



Add the following at end of paragraph: 

'The total catches taken in any of the areas I to VI shall not exceed the limits shown below. 
However, in no circumstances shall the sum of the area catches exceed the total quotas.' 



Areas I & II 120°W— 0° 
Areas III & IV 0— 130°E 
Areas V & VI 130°E— 120°W 



Fin 

475 
416 
300 



Sei& 




Bryde's 


Minke 


1275 


3,300 


1503 


4,140 


1664 


1,060 



Paragraph 12 
Paragraph 13 



'Further provided that in areas II & III the catch of sei & Bryde's whales does not exceed 810 
and 495 respectively. From 1975/76 the quotas will be divided into six areas or such other 
divisions based on the advice tendered by the Scientific Committee.' 



Line 2: 


delete 550 


insert 300 


" 2: 


" 1974 


" 1975. 


Line 2: 


delete 3,000 


insert 2,000 


" 2: 


" 1974 


" 1975 



Paragraph 14 
Paragraph 15 



Line 2: delete 1974 insert 1975 



Line 1 
" 2 
" 6 
" 6 

" 7 
" 7 



delete 1973/74 insert 1974/75 
delete 1974 insert 1975 



1,900 


insert 2,548 


1,800 


" 2,563 


2,900 


" 2,730 


2,100 


" 2,188 


3,200 


" 3,822 


1,100 


" 1,500 



Delete colon and dash in line 4. Add a full stop then the following sentence: 

'However, in no circumstances shall the sum of the area catches exceed the total quotas.' 

Paragraph 21 Delete and insert the following: 

Whales must be measured when at rest on deck or platform after the hauling out wire 
and grasping device have been released, by means of a tape-measure made of a non-stretching 
material. The zero end of the tape-measure shall be attached to a spike or stable device to be 
positioned on the deck or platform abreast of one end of the whale. Alternatively the spike 
may be stuck into the tail fluke abreast of the apex of the notch. The tape-measure shall be 
held taut in a straight line parallel to the deck and the whale's body, and other than in 
exceptional circumstances along the whale's back, and read abreast of the other end of the 
. ii 'r whale. The ends of the whale for measurement purposes shall be the tip of the upper jaw or, 

in sperm whales, the most forward part of the head and the apex of the notch between the tail 
flukes. 



Multilateral / Marine Mammals 



1485 



Measurements shall be logged to the nearest foot or 0. 1 metres. That is to say, any whale 
between 75 feet 6 inches and 76 feet 6 inches shall be logged as 76 feet, and any whale between 
76 feet 6 inches and 77 feet 6 inches shall be logged as 77 feet. Similarly, any whale between 
10.15 metres and 10.25 metres shall be logged as 10.2 metres, and any whale between 
10.25 metres and 10.35 metres shall be logged as 10,3 metres. The measurement of any whale 
which falls on an exact half foot or 0.05 metre shall be logged at the next half foot or 0.05 metre, 
e.g. 76 feet 6 inches precisely shall be logged as 77 feet and 10.25 metres precisely shall be 
' logged as 10.3. metres. 

Paragraph 24(b) Delete and insert the following: 

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) where possible the total number of hours spent each day searching for, chasing and 
catching whales, but not including time spent picking up or towing. 

(iv) the gross tonnage, horsepower and length of each and the list of those equipped with 
asdic; vessels used only as tow boats should be specified. 

Paragraph 24(c) Delete full stop after 'concerned' Add a comma and then the following: 

and the number of miles searched per day by aircraft, if any. 



Amendments to the Schedule to the 

International Convention for the 
Regulation of Whaling, London, 1975 



Done at London 27 June 1975 

Entered into force 3 October 1975 

Primary source citation: 27 UST 1885, TIAS 8286 



INTERNATIONAL WHALING COMMISSION 

GREAT WESTMINSTER HOUSE, HORSEFERRY ROAD, LONDON, S.W. IP 2AE 
TELEPHONE: 01-216 7405 

Chairman: A. G. BoLLEN (Australia) 

Vice -Chairman: I. Rlndal (Norway) 

Secretary: R. Stacey 

Date 6 October 1975. 

Our Ref AS XXVII 

CIRCULAR COMMUNICATION TO ALL CONTRACTING GOVERNMENTS 

INTERNATIONAL WHALING CONVENTION 1946 

AMENDMENTS TO THE SCHEDULE. 

The Secretary refers to his circular letters of 4 July and 21 August 1975 notifying Contracting Governments 
of the Eunendments to the Schedule of the Convention agreed at the Commission's Twenty-seventh Annual Meeting. 

No objections have been received to the amendments a list of which is enclosed and they therefore became 
binding on all Contracting Governments from 3 October 1975. 

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

INTERNATIONAL WHALING CONVENTION 1946 
/ AMENDMENTS TO THE SCHEDULE 

1. At its Twenty-seventh meeting held in London from 23 to 27 June, 1975 the Commission agreed to the 
following amendments to the Schedule: 

Paragraph 1 Add the following at end of paragraph ,; 

"lactating whale" means (a) with respect to baleen whales — a female which has any milk present in a 
mammary gland. 



Multilateral / Marine Mammals 1487 



(b) with respect to sperm whales — a female which has milk present in a mammary gland the maximum 
thickness (depth) of which is 10 cm or more. This measurement shall be at the mid ventral point of the 
mammary gland perpendicular to the body axis, and shall be logged to the nearest centimetre; that is to say, 
any gland between 9.5 cm and 10.5 cm shall be logged as 10 cm. The measurement of any gland which falls 
on an exact 0.5 centimetre shall be logged at the next 0.5 centimetre, eg 10.5 cm shall be logged as 11.0 cm. 

However, notwithstanding these criteria, a whale shall not be considered a lactating whale if scientific 
(histological or other biological) evidence is presented to the appropriate national authority establishing that 
the whale could not at that point in its physical cycle have had a calf dependent on it for milk. 

Paragraph 2 (c) 

Line 2 Delete 'one continuous open season' 

Insert 'an open season or seasons' ' ■. . ! 

Paragraph 3 (c) 

Lines 5 and 6 Delete 'such period of eight months to include the whole of the period of six months declared 
for baleen whales, except minke whales, as provided for in sub-paragraph (b) of this 
paragraph'. 

Section III Capture 

Delete Trohibitions and areas" 

Delete Paragraphs 5, 6 and 7. Amend to read as follows: 

Classification of Areas and Divisions 

5. In paragraphs 6 and 11, areas in the Southern Hemisphere are those waters between the ice edge and 
40° South Latitude and lying between the foUovsring parallels of longitude, except that for sei and Bryde's 
whales combined and minke whales they shall extend to the equator: 



AREA I 


120°W — 


60°W 


AREA II 


60°W — 





AREA III 


— 


70°E 


AREAPV 


70°E — 


130°E 


AREAV 


130°E — 


170°W 


AREA VI 


170°W — 


120°W 



In paragraphs 6 and 15, divisions relating to the catch limits for Southern Hemisphere sperm whales are 
those waters lying between the ice edge and the equator and between the following parallels of longitude: 



Division 1 


60°W — 


30°W 


Division 2 


30°W — 


20°E 


Division 3 


20°E — 


60°E 


Division 4 


60°E — 


90°E 


Division 5 


go'E — 


130°E 


Division 6 


130°E — 


160°E 


Division 7 


160°E — 


170°W 


Division 8 


170=W — 


lOO'W 


Division 9 


100°W — 


60'=W 



6. Classification of Stocks 

All stocks of whales shall be classified in one of three categories according to the advice of the Scientific 
Committee as follows: 



1488 The Marine Mammal Commission Compendium 



(a) A Sustained Management Stock is a stock which is not more than 10 per cent of Maximum Sustainable 
Yield (hereinafter referred to as MSY) stock level below MSY stock level, and not more than 20 per cent 
above that level; MSY being determined on the basis of the number of whales: 

When a stock has remained at a stable level for a considerable period under a regime of approximately 
constant catches, it shall be classified as Sustained Management Stock in the absence of any positive 
evidence that it should be otherwise classified. 

Commercial whaling shall be permitted on Sustained Management Stocks according to the advice of 
the Scientific Committee. 

For the 1975/76 pelagic season and 1976 coastal season in the Southern Hemisphere and for the 1976 season 
in all other areas for stocks between the MSY stock level and 10 percent below that level, the permitted catch, except 
for sei whales and Bryde's whales combined in the Southern Hemisphere, shall not exceed the number of whales 
obtained by taking 90 percent of the MSY and reducing that number by 10 percent for every 1 percent by which the 
stock falls short of the MSY stock level. For stocks at or above the MSY stock level, the permitted catch shall not 
exceed 90 percent of the MSY. 

For sei and Bryde's whales combined in the Southern Hemisphere for the 1975/76 pelagic season and the 1976 
coastal season the permitted catch of Sustained Management Stocks below the MSY stock level shall not exceed the 
number of whales obtained by taking 90 percent of the MSY and reducing that number by 5 percent for every 1 percent 
by which the stock at the beginning of the sustained management period falls short of the MSY stock level. 

The following stocks are classified as Sustained Management Stocks for the 1975/76 pelagic season and the 
1976 coastal season in the Southern Hemisphere and for the 1976 season in all other areas: 

Fin Whales Southern Hemisphere Area I 

" " North Atlantic (Iceland Stock) 

" " North Atlantic (Newfoundland Stock) 

Sei and Bryde's Whales combined Southern Hemisphere Areas I, II, IV, V, VI 

Minke Whales Southern Hemisphere Area IV, North Atlantic (Stock East of 

Cape Farewell, Greenland) 

Sperm Whales — Males Southern Hemisphere Divisions 1, 2, 3, 4, 7, and 9 

Sperm Whales — Females Southern Hemisphere Divisions 3, 4, 7, and 9 

(b) An Initial Management Stock is s stock more than 20 percent of MSY stock level above MSY stock level. 
Commercial whaling shall be permitted on Initial Management Stocks according to the advice of the Scientific 
Committee as to measures necessary to bring the stocks to the MSY stock level and then optimum level in an efficient 
manner and without risk of reducing them below this level. The permitted catch for such stocks will not be more than 
90 percent of MSY as far as this is known, or, where it will be more appropriate, catching effort shall be limited to 
that which will take 90 percent of MSY in a stock at MSY stock level. 

In the absence of any positive evidence that a continuing higher percentage will not reduce the stock below 
the MSY stock level no more than 5 percent of the estimated initial exploitable stock shall be taken in any one year. 
Exploitation should not commence until an estimate of stock size has been obtained which is satisfactory in the view 
of the Scientific Committee. 

The following stocks are classified as Initial Management stocks for the 1975/76 pelagic season and the 1976 
coastal season in the Southern Hemisphere and for the 1976 season in all other areas. 

Minke Whales Southern Hemisphere Areas I, II, III, V, VI 

Minke Whales North Atlantic (Stock West of Cape Farewell, Greenland) 

Bryde's Whales North Pacific 

Sperm Whales — Males Southern Hemisphere Divisions 5 and 8 

Sperm Whales — Females Southern Hemisphere Divisions 1, 2, 5, 6 and 8 

Sperm Whales — Males North Pacific 

Sperm Whales — Females North Pacific 



Multilateral / Marine Mammals 1489 



(c) A Protection Stock is a stock which is below 10 percent of MSY stock level below MSY stock level. 

There shall be no commercial whaling on species or stocks whilst they are classified as Protection Stocks. The 
following stocks are classified as Protection Stocks for the 1975/76 pelagic season and 1976 coastal season in the 
Southern Hemisphere and for the \976 season in all other areas. 

Blue Whales All Oceans 

Humpback Whales All Oceans 

Right Whales All Oceans 

Gray Whales All Oceans 

Fin Whales Southern Hemisphere Areas II, III, IV, V, VI 

Fin Whales North Pacific 

Fin Whales North Atlantic (Faroes and West Norway Stock) 

Fin Whales North Atlantic (Nova Scotia Stock) 

Sei Whales Southern Hemisphere Area III 

Sei Whales North Pacific 

Sperm Whales — Males Southern Hemisphere Division 6 

7. Notwithstanding the provisions of paragraph 6 the taking of 10 humpback whales not below 35 feet 
(10.7 metres) in length, per year is permitted in Greenland waters provided that whale catchers of less than 50 gross 
register tonnage are used for this purpose and the taking of gray or right whales by aborigines or a Contracting 
Government on behalf of aborigines but only when the meat and products of such whales are to be used exclusively 
for local consumption by the aborigines. 

Paragraph 8 Amend to read as follows: 

'It is forbidden to take or kill suckling calves or female whales accompanied by calves". 

Paragraph 11 Amend to read as follows: 

The number of fin whales taken during the open season in waters south of 40° South Latitude by fac- 
tory ships or whale catchers attached thereto under the jurisdiction of the Contracting Governments 
shall not exceed 220 in 1975/76. The taking of fin whales shall cease not later than 30 June 1976. 
The number of other species of baleen whales taken during the open season in the Southern Hemi- 
sphere by factory ships, land stations or whale catchers attached thereto under the jurisdiction of the 
Contracting Governments shall not exceed 2230 sei and Bryde's whales combined and 6810 minke 
whales in the 1975/76 pelagic season and the 1976 coastal season. The total catches taken in any of 
the areas I to VI shall not exceed the limits shown below. However, in no circumstances shall the 
sum of the area catches exceed the total quotas for each species: 



Area I 
Area II 
Area III 
AreaFV 
Area V 
Area VI 



Paragraph 12 Amend to read as follows: 

The number of whales taken in the North Pacific Ocean and dependent waters in 1976 shall not ex- 
ceed the following limits: 



Fin 


Sei and Bryde's 
whales combined 


Minke 


220 


198 


1200 





567 


2160 








2400 





671 


891 





693 


840 





297 


600 



1490 



The Marine Mammal Commission Compendium 



Sperm — Males 
Sperm — Females 
Bryde's 



5200 
3100 
1363 



Paragraph 13 Amend to read as follows: 

"The number of fin and minke whales taken in the North Atlantic Ocean in 1976 shall not exceed the 
following limits: 



Fin Whales — Newfoundland waters 
Fin Whales — Iceland waters 
Minke Whales — East of Cape Farewell 
Minke Whales — West of Cape Farewell 



90 

275 

2000 

550 



Paragraph 14 delete provisions 
Paragraph 15 Amend as follows: 



Linel Delete '1974/75' 

Line 2 Delete '1975' 

Delete '8000' 

Delete '5000' 
Line 3 Delete 'Areas I to VI' 

Lines 6-9 inclusive Delete and insert the following: 



Insert '1975/76' 

Insert '1976' 

Insert '5870' 

Insert '4870' 

Insert "Divisions 1 to 9' 



Male 



Female 



Divisions 3 & 4 
Division 5 
Division 6 
Division 7 
Division 8 
Divisions 9, 1 & 2 



1562 


1368 


1080 


756 





324 


495 


396 


1512 


972 


2024 


1992 



Paragraph 17 Amend to read as follows: 

(a) It is forbidden to use a factory ship or a land station for the purpose of treating any whales 
(whether or not taken by whale catchers under the jurisdiction of a Contracting Gtovemment) which 
are classified as Protection Stocks in paragraph 6 or are taken by whale catchers under the jurisdic- 
tion of a Contracting Government in contravention of paragraphs 2, 3, 9, 11, 12, 13 & 15 of this 
Schedule. 

Paragraph 20 Amend last sentence to read 

"No bonus or other remuneration shall be paid to the gunners or crews of whzde catchers in respect of 
the taking of lactating whales". 

Paragraph 22 Amend (b) (4) to read 

"If female, whether lactating". 



Amendments to the Schedule to the 

International Convention for the 
Regulation of Whaling, London, 1976 



Done at London 25 June 1976 

Entered into force 1 October 1976 

Primary source citation: 27 UST 4015, TIAS 8422 



International Whaling Commission 

The red house 
station road 

HISTON 
CAMBRIDGE CB4 4NP 

Chairman: A. G. Bollen (Australia) 

Vice-Chairman: T. AsGElRSSON (Iceland) 

Secretary: Dr. R. Gambell 



1 October 1976 



Dr. R. M. White, 
NOAA 

Our Ref: RG/PRP/113 

CIRCULAR COMMUNICATION TO ALL CONTRACTING 
GOVERNMENTS INTERNATIONAL WHALING CONVENTION 1946 

Amendments to the Schedule 

The Secretary refers to his circular letters of 2 July, 3 August and 6 August 1976 notifying the Contracting 
Governments of the amendments to the Schedule of the Convention agreed at the Commission's Twenty-Eighth 
Annual Meeting. 

No objections have been received to the amendments, a consolidated list of vyhich is enclosed, and they therefore 
become binding on all Contracting Governments from 1 October 1976. 

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

Dr. R. Gambell 

Secretary to the Commission 



1492 



The Marine Mammal Commission Compendium 



AMENDMENTS TO THE SCHEDULE ' ' ' 

At its Twenty-Eighth Meeting, held in London from 21 to 25 June 1976, the Commission agreed to the following 
amendments to the Schedule: 



Paragraph 1 

Paragraph 6(a) 

sub-paragraph 4 



sub-paragraph 5 
sub-paragraph 6 



Add the following at the end of the paragraph: "small-type whaling" means catching 
operations using powered vessels with mounted harpoon guns hunting exclusively for 
minke, bottlenose, pilot or killer whales. 



Amend to read: 

"For the 1976/77 pelagic season and the 1977 coastal season in the Southern Hemi- 
sphere and for the 1977 season in all other areas " 

Delete: "except for sei whales and Bryde's whales combined in the Southern Hemi- 
sphere" 

Delete whole sentence: "For sei and Bryde's whales combined in the Southern Hemi- 
sphere falls short of the MSY stock level". 

Amend to read: . i . > ■ 

"The following stocks are classified as Sustained Management Stocks for the 1976/77 
pelagic season and the 1977 coastal season in the Southern Hemisphere and for the 
1977 season in all other areas: 

Fin Whales — North Atlantic (East Greenland-Iceland Stock) 

Sei Whales — Southern Hemisphere Areas I, II, IV, V, VI 

Minke Whales — North Pacific (Western Stock) 

Minke Whales — North Atlantic (North American Coast, East Greenland and East 

Atlantic Stocks) 
Sperm Whales 

— males — Southern Hemisphere Divisions 3 and 5 
Sperm Whales 

— females — Southern Hemisphere Divisions 2, 3, 6 and 7 

Sperm Whales — North Atlantic 

The following stocks are provisionally listed as Sustained Management Stocks for 1977, 
pending the accumulation of sufficient information for classification 

Fin Whales — North Atlantic (North Norway, Spain-Portugal-British Isles 

Stocks) 
Sei Whales — North Atlantic (Iceland-Denmark Strait Stock) 

Minke Whales — North Atlantic (West Greenland Stock) 



Paragraph 6 (b) 

sub-paragraph 3 



Amend to read: 

"The following stocks are classified as Initial Management Stocks for the 1976/77 
pelagic season and the 1977 coastal season in the Southern Hemisphere and for the 
1977 season in all other areas: 

Fin Whales — North Atlantic (Newfoundland-Labrador Stock) 

Bryde's Whales — Southern Hemisphere all Areas 

Bryde's Whales — North Pacific 

Minke Whales — Southern Hemisphere all Areas 

Minke Whales — North Pacific (except the Western Stock) 



Multilateral / Marine Mammals 



1493 



Paragraph 6(c) 

sub-paragraph 2 



Paragraph 11 



Sperm Whales 
— males 
Sperm Whales 
— females 
Sperm Whales 
— males 
Sperm Whales 
— females 



Amend to read: 



— Southern Hemisphere Divisions 1, 2, 4, 6 and f 

— Southern Hemisphere Divisions 1, 5 and 8 

— North Pacific 

— North Pacific 



"There shall be no commercial whaling on species or stocks whilst they are classified 
as Protection Stocks. The following stocks are classified as Protection Stocks for the 
1976/77 pelagic season and the 1977 coastal season in the Southern Hemisphere and 
for the 1977 season in all other areas: 



Blue Whales 
Humpback Whales 
Right Whales 
Gray Whales 
Fin Whales 
Fin Whales 
Fin Whales 
Sei Whales 
Sei Whales 
Sei Whales 
Sperm Whales 
— males 
Sperm Whales 
— females 



All Oceans 

All Oceans 

All Oceans 

All Oceans 

Southern Hemisphere all Areas 

North Pacific 

North Atlantic (West Norway-Faroe and Nova Scotia Stocks) 

Southern Hemisphere Area III 

North Pacific 

North Atlantic (Nova Scotia Stock) 

Southern Hemisphere Divisions 7 and 9 

Southern Hemisphere Divisions 4 and 9 





Area I 




Area II 




Area III 




ArealV 




Area V 




Area VI 


Paragraph 12 


Amend to read 



Delete the first two sentences and the footnote. 
Amend to read: 

The number of baleen whales taken during the open season in the Southern Hemi- 
sphere by factory ships, land stations or whale catchers attached thereto under the 
jurisdiction of the Contracting Governments shall not exceed 1863 sei whales and 8900 
minke whales and Bryde's whales (pending a satisfactory estimate of stock size), in 
the 1976/77 pelagic season and the 1977 coastal season. The total catches taken in any 
of the Areas I to VI shall not exceed the limits shown below. However, in no circum- 
stances shall the sum of the Area catches exceed the total quotas for each species: 



Sei Whales Minke Whales 

388 1062 

113 2041 

3003 

383 1600 

626 1524 

539 402 



"The number of whales taken in the North Pacific Ocean and dependent waters in 1977 
shall not exceed the following limits: 



1494 



The Marine Mammal Commission Compendium 



Sperm Whales — males 


4320 




Sperm Whales — females 


2880 




Bryde's Whales 


1000 




Minke Whales (Western Stock) 


541 




Minke Whales (remainder of 





pending a 


the North Pacific) 




satisfactory 
estimate of 
stock size 



Paragraph 13 



Paragraph 14 



Amend to read: (. '>■ 

"The number of whales taken in the North Atlantic Ocean in 1977 shall not exceed the 
following limits: 

Fin Whales — Newfoundland Stock ■ .90 

Fin Whales — North Norway Stock 61 

Minke Whales — North American Stock 48 

Minke Whales — West Greenland Stock 325 

Minke Whales — East Greenland Stock 320 

Minke Whales — East Atlantic Stock 1790 

Sei Whales — Iceland-Denmark Strait Stock 132 

Sperm Whales — 685 

The total catch of fin whales from the East Greenland-Iceland Stock shall not exceed 
1524 in the six years 1977 to 1982 inclusive, and the total catch in any one year shall 
not exceed 304." 

Amend to read: 

The number of sperm whales taken in the Southern Hemisphere in the 1976/77 pelagic 
season and the 1977 coastal season shall not exceed 3894 males and 897 females. The 
total catch in any of the Divisions 1 to 9 shall not exceed the limits shown below. 
However, in no circumstances shall the sum of the Division catches exceed total quotas." 







Male 


Female 




Division 1 


316 


73 




Division 2 


840 


194 




Division 3 


783 


224 




Division 4 


590 







Division 5 


559 


128 


■ 1: •■ ; 


Division 6 


287 


66 




Division 7 





94 




■ . Division 8 


909 


209 




Division 9 








Paragraph 15(c) 


Add the following: 







Paragraph 21 



"It is forbidden to take or kill any sperm whale over 45 feet (13.7 metres) in length in 
the Southern Hemisphere north of 40°S latitude during the months of October to 
January inclusive." 

Add new subparagraph as follows: 

"(d) A record similar to that described in sub-paragraph (b) of this paragraph shall be 
maintained by "small-type whaling" operations conducted from shore or by pelagic 
fleets, and all of this information mentioned in the said sub-paragraph shall be entered 
therein as soon as available." 



Multilateral / Marine Mammals 1495 



Peiragraph 23 (paragraph 1 section (c)) 

Amend line 7 to read: 



".... each whale treated in the factory ship, land station or "small-type whaling" 
operations as to the date and approximate " 



Paragraph 23 (paragraph 2) 

sub-paragraph (b) Add new section as follows: 



"(v) Any modifications of the above measures or data from other suitable indicators of 
fishing effort for "small-type whaling" operations." 



Amendments to the Schedule to the 

International Convention for the 

Regulation of Whaling, Canberra, 1977 



Done at Canberra 24 June 1977 

Entered into force 25 October 1977 

Primary source citation: 29 UST 1452, TIAS 8886 



INTERNATIONAL WHALING COMMISSION 

THE RED HOUSE 
STATION ROAD, HISTON, 
CAMBRffiGE CB4 4NP , „ 

chairman arthur g. bollen (australia) 

vice-chairman thordur asgeirsson (iceland) 

secretary ray gambell 

■ 25 October 1977 



CIRCULAR COMMUNICATION TO CONTRACTING GOVERNMENTS 

International Convention for the Regulation of Whaling, 1946 
Amendments to the Schedule 

The Secretary refers to his circular letters of 26 July (Ref: RG/DG/1043) and 25 August 1977 (Ref: RG/DG/1153) 
notifying Contracting Governments of the eunendments to the ScheduJe of the Convention agreed at the Commission's 
Twenty-Ninth Annual Meeting. 

No objections have been received to the amendments, a copy of which is enclosed, and they therefore become 
binding on all Contracting Governments from 25 October 1977. 

The Secretary requests £in acknowledgement of this communication, a copy of which is being sent to all 
Commissioners. 

Dr. R. Gambell 
Secretary to the Commission 



Multilateral / Marine Mammals 1497 



AMENDMENTS TO THE SCHEDULE 

At its 29th Annual Meeting held in Canberra, 20-24 June, 1977, the Commission agreed to the following 
amendments to the Schedule. 

A. New layout for section III Capture. 

The new layout adopted is shown in Appendix 1. 

Some resulting necessary changes of wording are shown in italic type. 

The existing paragraphs numbered 16 to 23 will be renumbered 18 to 25. 

Consequential changes in paragraph 18(a) in the new numbering [para. 16(a) in the old numbering] result 
from the renumbering of some of the paragraphs referenced therein. These do not change the substance of 
the text, which now reads: 

"18 - (a) It is forbidden to use a factory ship or a land station for the purpose of treating any whales (whether 
or not taken by whale catchers under the jurisdiction of a Contracting Government) which are classified 
as Protection Stocks in paragraph 8 or are taken by whale catchers under the jurisdiction of a Contracting 
Government in contravention of paragraphs 2, 3, 5, 9, 10, 14 and 15 of this Schedule." 

B. Substantive amendments. 



i) Paragraph 1. 

Amend the final definition of section I. Interpretation as follows: 

"Small-type whaling" — means catching operations using powered vessels with mounted harpoon 
guns hunting exclusively for minke, bottlenose, beaked, pilot or killer whales. 

"Bottlenose whale" — -means any whale known by the name Baird's beaked whale (Berardius bairdii), 
Arnoux's whale (Berardius arnuxii). Southern bottlenose whale (Hyperoodon planifrons), or Northern 
bottlenose whale (Hyperoodon ampullatus). 

"Beaked whale" — means any whale belonging to the genus Mesoplodon, or any whale known by the 
name of Cuvier's beaked whale (Ziphius cavirostris), or Shepherd's beaked whale (Tasmacetus shep- 
herdi). 

"Pilot whale" — means any whale known by the name of long-finned pilot whale (Globicephala 
melaena) or short-finned pilot whale (Globicephala macrorhynchus) . 

"Killer whale" — means any whale known by the name of killer whale or orca (Orcinus orca). 

ii) Paragraph 7, (new numbering). 

Add new sub-paragraph (c), to define North Atlantic whale stock boundaries (shown in Appendix 1, 
underlined). 

iii) Paragraph 11 (new numbering, old paragraph 7). 

Delete the words "or right", 
iv) Paragraph 2(e), last sentence. 

Delete "eight" and substitute "nine", so that the sentence reads: 

"Notwithstanding this paragraph one continuous open season not to exceed nine months may be im- 
plemented so far as Greenland is concerned." 



1498 The Marine Mammal Commission Compendium 

v) Section VI. Information required. 

Add the following new Psiragraph 26 before existing final paragraph, which is renumbered 27: 
26. (a) Where possible all factory ships and land stations shall collect from each whale taken: 

(1) the combined weight of both testes, and tissue samples from one testis; or both ovaries 

(2) at least one ear plug, or one tooth (preferably first mandibular). 

(b) Wherepossiblesimilarcollections to those described in sub-paragraph (a) of this paragraph 
shall be undertaken by small-type whaUng operations conducted from shore or by pelagic fleets. 

' (c) All specimens collected under sub-paragraphs (a) and (b) shall be properly labelled with the 

platform or other identification number of the whale and be appropriately preserved. 

C. Miscellaneous provisions. 

i) Paragraph 7 (new numbering, old paragraph 5). 

Change "parallels of longitude" to "meridians of longitude" in two places (.shown in Appendix 1, in 
italic). 

Delete "40° South Latitude" and "except that for sei and Bryde's whales combined and minke whales 
they shall extend to". 

First sentence then to read as shown in Appendix 1. 
ii) Paragraph 8(a) (new numbering, old paragraph 6(a)). ;• -J > 

Second sentence. Insert "a" before Sustained Management Stock (shown in Appendix 1, in italic). 
iii) Paragraph 13(a) (new numbering, old paragraph 15(a)). • 

Insert "in length" after 40 feet (12.2 metres). 

Delete "in length" afl«r 35 feet (10.7 metres). . i 

(Shown in Appendix 1, in italic). - 

iv) Paragraph 24(a) (new mmibering, old paragraph 22(a)) . •,■ 

Line 3. Delete "fin". . . - ,-, ... ■-,, , ; • 

APPENDIX 1 

III. CAPTURE 

Area limits for Factory Ships 

5. It is forbidden to use a factory ship or whale catcher attached thereto for the purpose of taking or treating 
baleen whales, except minke whales, in any of the following areas: 

(a) In the waters north of 66° North Latitude except that from 150° East Longitude eastwards as far as 
140° West Longitude the taking or killing of baleen whales by a factory ship or whale catcher shall be 
permitted between 66° North Latitude and 72° North Latitude; 



Multilateral / Marine Mammals 1499 



(b) in the Atlantic Ocean and its dependent waters north of 40° South Latitude; 

(c) in the Pacific Ocean and its dependent waters east of 150° West Longitude between 40° South Latitude 
and 35° North Latitude; 

(d) in the Pacific Ocean and its dependent waters west of 150° West Longitude between 40° South Latitude 
and 20° North Latitude; 

(e) in the Indian Ocean and its dependent waters north of 40° South Latitude. 

6. - (a) A factory ship which operates solely within territorial waters in one of the areas specified in 
sub-paragraph (c) of this paragraph, by permission of the Government having jurisdiction over those waters, and 
which flies the flag of that Government shall, while so operating, be subject to the regulations governing the operation 
of land stations and not to the regulations governing the operation of factory ships. 

(b) Such factory ships shall not, within a period of one year from the termination of the season in which 
she so operated, be used for the purpose of treating baleen whales in any of the other areas specified in sub-para- 
graph (c) of this paragraph or south of 40° South Latitude. 

(c) The areas referred to in sub-paragraphs (a) and (b) are: 

(1) On the coasts of Australia, namely on the whole east coast and on the west coast in the area known 
as Shark Bay and northward to North-west Cape and including Exmouth Gulf and King George's 
Sound, including the Port of Albany. 

(2) On the Pacific coast of the United States of America between 35° North Latitude and 49° North 
Latitude. 

Classification of Areas and Divisions 

7. - (a) Classification of Areas 

Areas in the Southern Hemisphere are those waters between the ice-edge and the equator and lying between 
the meridians of longitude listed in Table 1. 

(b) Classification of Divisions 

Divisions relating to the catch limits for Southern Hemisphere sperm whales are those waters lying 
between the ice-edge and the equator and between the meridians of longitude listed in Table 2. 

(c) Geographical boundaries in the North Atlantic 

The geographical boundaries for the fin, sei eind minke whale stocks in the North Atlantic are: 
Fin whale stocks 

1. Nova Scotia 

South and West of a line through: 

47°N 54°W, 46°N 54°30'W, 46°N 42°W, 20°N 42°W. 

2. Newfoundland - Labrador • . 

West of a line through : 

75°N 73°30^, 69°N 59°W, 61°N 59°W, 52°20'N 42°W, 

46°N 42°W and ■' /■ - 

North of a line through: 

46°N 42°W, 46°N 54°30'W, 47°N 54°W. ■ . . 



1500 The Marine Mammal Commission Compendium 



3. West Greenland 

East of a line through: 

75°N TS'aO'W, 69°N 59°W, 61°N S9°W 52°20'N 42°W, and 

West of a line through: 

52°20'N 42°W, 59°N 42°W, 59°N 44°W, Kap Farvel. 

4. East Greenland - Iceland 

East of a line through: 

Kap Farvel (South Greenland), 59°N 44°W, 59°N 42°W, 

20°N 42°W, and 

West of a line through: 

20°N 18°W, 60°N 18°W, 68°N 3°E, 74°N 3°E, and 

South of 74°N latitude. 

5. North Norway ^ ; 

North and East of a line through: 

74°N 22°W, 74°N 3°E, 68°N 3°E, 67°N 0°, 67°N 14°E. 

6. West Norway and Fetroe Islands , 

South of a line through: 

67°N 14°E, 67°N 0°, 60°N 18°W, and 

North of a line through: 

61°N 16°W, 61°N 0°, Thybor0n (western entrance to Limfiorden, Denmark). 

7. British Isles - Spain and Portugal 

South of a line through: 

Thybor0n (Denmark), 61°N 0°, 61°N 16°W, and . ' 

East of a line through : ' 

63°N 11°W, 60°N 18°W, 20°N 18°W. 

Minke whale stock 

1. Canadian East Coast '■ '-- '■ ■ 

West of a line through: 

75°N 73°30'W, 69°N 59°W, 61°N 59°W, 52°20'N 42°W, 

20°N 42°W. " ■ 

2. West Greenland 

East of a line through: 

75°N 73°30^, 69°N 59°W, 61°N 59°W, 52°20'N 42°W, and 

West of a line through: 

52° 20'N 42°W, 59°N 42°W, 59°N 44°W, Kap Farvel. 

3. East Greenland - Iceland - Jan Mayen :;:. 

East of a line through: 

Kap Farvel (South Greenland), 59°N 44°W, 59°N 42°W, 

20°N 42°W and 

West of a line through: 

20°N 18°W, 60°N 18°W, 68°N 3°E, 74°N 3°E, and South of 

74°N latitude. 



Multilateral / Marine Mammals 1501 



' 4. Svalbard - Norway - British Isles 

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. 

Sei whale stock 

1. Nova Scotia - 

South and West of a line through: 

47°N 54°W, 46°N 54°30'W, 46°N 42°W, 20°N 42°W. 

2. Iceland - Denmark Strait 

East of a line through: ■ 

Kap Farvel (South Greenland), 59°N 44°W, 59°N 42°W, 

20°N 42°W and ^ . ■' 

West of a line through: 

20°N 18°W, 60°N 18°W, 68°N 3°E, 74°N 3°E, and 

South of 74°N latitude , - 

Classification of Stocks 

8. All stocks of whales shall be classified in one of three categories according to the advice of the Scientific 
Committee as follows: 

(a) A Sustained Management Stock (SMS) is a stock which is not more than 10 per cent of Maximum 
Sustainable Yield (hereinafter referred to as MSY) stock level below MSY stock level, and not more than 20 per cent 
above that level; MSY being determined on the basis of the number of whales. 

When a stock has remained at a stable level for a considerable period under a regime of approximately constant 
catches, it shall be classified as a Sustained Management Stock in the absence of any positive evidence that it should 
be otherwise classified. 

Commercial whaling shall be permitted on Sustained Management Stocks according to the advice of the 
Scientific Committee. These stocks are listed in Tables 1 and 2 of this Schedule. 

For the 1977/78 pelagic season and the 1978 coastal season in the Southern Hemisphere and for the 1977 
season in all other areas for stocks between the MSY stock level and 10 per cent below that level, the permitted catch 
shall not exceed the number of whales obtained by taking 90 per cent of the MSY and reducing that number by 10 per 
cent for every 1 per cent by which the stock falls short of the MSY stock level. For stocks at or above the MSY stock 
level, the permitted catch shall not exceed 90 per cent of the MSY. 

(b) An Initial Management Stock (IMS) is a stock more than 20 per cent of MSY stock level above MSY 
stock level. Commercial whaling shall be permitted on Initial Management Stocks according to the advice of the 
Scientific Committee as to measures necessary to bring the stocks to the MSY stock level and then optimum level in 
an efficient manner and without risk of reducing them below this level. The permitted catch for such stocks will not 
be more than 90 per cent of MSY as far as this is known, or, where it will be more appropriate, catching effort shall 
be limited to that which will take 90 per cent of MSY in a stock at MSY stock level. 

In the absence of any positive evidence that a continuing higher percentage will not reduce the stock below 
the MSY stock level no more than 5 per cent of the estimated initial exploitable stock shall be taken in any one year. 
Exploitation should not commence until an estimate of stock size has been obtained which is satisfactory in the view 
of the Scientific Committee. Stocks classified as Initial Management Stock are listed in Tables 1 and 2 of this Schedule. 

(c) A Protection Stock (PS) is a stock which is below 10 per cent of MSY stock level below MSY stock level. 



1502 The Marine Mammal Commission Compendium 



There shall be no commercial whaling on species or stocks whilst they are classified as Protection Stocks. 
Species and stocks so classified are listed in Tables 1 and 2 of this Schedule. 

Areas, Regions, Divisions, Stock Classifications and Quotas .. 

Baleen whales. 
Catch Limits. 

9. 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 771 sei whales and 5,690 minke whales and Bryde's whales (pending a satisfactory estimate of stock 
size), in the 1977/78 pelagic season and the 1978 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. 

10. The number of baleen whales taken in the North Pacific Ocean and dependent waters in 1978 and in 
the North Atlantic Ocean in 1978 shall not exceed the limits shown in Table 1. 

11. Notwithstanding the provisions of paragraph 8 the taking of 10 humpback whales not below 35 feet 
(10.7 metres) in length, per year is permitted in Greenland waters provided that whale catchers of less than 50 gross 
register tonnage are used for this purpose, and the taking of gray whales by aborigines or a Contracting Government 
on behalf of aborigines is permitted but only when the meat and products of such whales are to be used exclusively 
for local consumption by the aborigines. 

12. It is forbidden to take or kill suckling calves or female whedes accompanied by calves. 
Size limits. 

13. - (a) It is forbidden to take or kill any sei or Bryde's whales below 40 feet (12.2 metres) in length except 
that sei and Bryde's whales of not less than 35 feet (10.7 metres) 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. 

ib) It is forbidden to take or kill any fin whales below 57 feet (17.4 metres) in length in the Southern 
Hemisphere, and it is forbidden to take or kill fin whales below 55 feet (16.8 metres) in the Northern Hemisphere; 
except that fin whales of not less than 55 feet (16.8 metres) may be taken for delivery to land stations in the Southern 
Hemisphere and fin whales of not less than 50 feet (15.2 metres) may be taken for delivery to land stations in the 
Northern Hemisphere, provided that, in each case the meat of such whales is to be used for local consumption as 
human or animal food. : ? ■__ . •■ ■ • 

Sperm Whales. 
Catch limits. 

14. The number of sperm whales taken in the Southern Hemisphere in the 1977/78 pelagic season and the 
1978 coastal season shall not exceed 4,538 males and 1,370 females. The total catch in any of the Divisions 1 to 9 
shall not exceed the limits shown in Table 2. However, in no circumstances shall the sum of the Division catches 
exceed total quotas. 

15. The number of sperm whales taken in the North Pacific Ocean and dependent waters in 1978 and in the 
North Atlantic Ocean in 1978 shall not exceed the limits shown in Table 2. 

16. It is forbidden to take or kill suckling calves or female whales accompanied by calves. 
Size limits. 

17. - (a) It is forbidden to take or kill any sperm whales below 30 feet (9.2 metres) in length except in the 
North Atlantic Ocean where it is forbidden to take or kill any sperm whales below 35 feet (10.7 metres). 

(6) It is forbidden to take or kill any sperm whale over 45 feet (13.7 metres) in length in the Southern 
Hemisphere north of 40° South Latitude during the months of October to January inclusive. 



Multilateral / Marine Mammals 1503 



FURTHER CONSEQUENTIAL CHANGES 

In the Circular of 26 July (ref: RG/DG/1043) and 25 August (ref: RG/DG/1153) notification was given of a 
number of consequential alterations following the introduction of the new layout. The Government of Japan has since 
drawn the attention of the Secretariat to further consequential changes as follows: 

in paragraph 23(a)(3) in the new numbering [para. 21 (a)(3) in the old numbering], "sub-paragraph 17(b)" 
should be "sub-paragraph 19(b)". 

in paragraph 23(b)(2) in the new numbering [para. 21 (b)(2) in the old numbering], "paragraph 20" should be 
"paragraph 22". 

in paragraph 24(b) in the new numbering [para. 22(b) in the old numbering], "paragraph 11" should be 
"paragraph 9". 

Japan has also pointed out that in the Circular dated 26 July (ref: RG/DG/1043) the date "1977", which appears 
in line 6 of page 4 of Appendix 1, should have been "1978" so that sub-paragraph 4 of paragraph 8(a) of the 
re-numbered Schedule [para. 6(a) in the old numbering] reads: 

"For the 1977/78 pelagic season and the 1978 coastal season in the Southern Hemisphere and for the 1978 
season in all other areas for stocks between the MSY stock level and 10 per cent below that level ". 

Additionally, during the preparation of the Schedule for printing the following items were noted as requiring 
similar consequential or editorial amendment: 

in paragraph 1 [new and old numbering] the second set of inverted commas has been removed from the 
definition of "Bryde's whale"; 

in paragraph 3(e) [new and old numbering] "paragraph 10" should be "paragraph 6"; 

in paragraph 4 [new and old numbering] "paragraph 12" should be "paragraphs 10 and 15" and "this 
paragraph" should be "these paragraphs" so that the second part of paragraph 4 reads: 

"... provided that catch limits in the North Pacific Ocean and dependent waters are established as provided in 
paragraphs 10 and 15 of this Schedule and provided that these paragraphs shall not apply to a ship which has 
been used during the season solely for freezing or salting the meat and entrails of whales intended for human 
food or feeding animals."; 

in paragraph 7(c) in the new numbering "Minke whale stock" should read "Minke whale stocks" and similarly 
"Sei whale stock" should read "Sei whale stocks". 



1504 



The Marine Mammal Commission Compendium 



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Multilateral / Marine Mammals 



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Amendments to the Schedule to the 

International Convention for the 
Regulation of Whaling, Tokyo, 1977 



Done at Tokyo 7 December 1977 

Entered into force 21 March 1978 

Primary source citation: 29 UST 2874, TIAS 8983 



Whaling: Amendments to the Schedule to the 
International Whaling Convention of 1946 



INTERNATIONAL WHALING COMMISSION 

THE RED HOUSE, 
STATION ROAD, HISTON, 

CAMBRIDGE CB4 4NP 
TELEPHONE: 022023 3971 ,^ 

TELEGRAMS: INTERWHALE CAMBRIDGE - .; 

CHAIRMAN 
ARTHUR G BOLLEN (AUSTRALIA) 

VICE-CHAIRMAN 

THORDUR ASGEIRSSON (ICELAND) 

SECRETARY 

RAY GAMBELL 



21 March 1978 



CIRCULAR COMMUNICATION TO CONTRACTING GOVERNMENTS 

' International Convention for the Regulation of Whaling, 1946 

j Amendments to the Schedule \ 

The Secretary refers to his circular letters of 20 December 1977 and 36 January 1978 (ref: RG/PRP/1471 and 
1563) notifying Contracting Governments of the amendments to the Schedule of the Convention agreed at the Special 
Meeting of the Commission held in Tbkyo, 6-7 December 1977. 

No objections have been received to the amendments, a copy of which is enclosed, and they therefore become 
binding on all Contracting Governments from 21 March 1978. 



Multilateral / Marine Mammals 1507 



A revised edition of the Schedule is being printed and will be circulated shortly. 

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



Dr. R. Gambell 

Secretary to the Commission 

AMENDMENTS TO THE SCHEDULE 

At the Special Meeting held in Tbkyo, 6-7 December 1977, the Commission adopted the following amendments to 
the Schedule dated November 1977. 

(A) Paragraph 7 

Add new sub-paragraph: 

(d) Geographical boundairies in the North Pacific 

(1) Western Division 

West of a line from the ice edge south along the 180° meridian of longitude to 180°, 50°N, then east along 
the 50°N parallel of latitude to 170°W, 50°N, then south along the 170°W meridian of longitude to 170°W, 40°N, 
then east along the 40°N parallel of latitude to 160°W, 40°N, then south along the 160°W meridian of longitude 
to the equator. 

(2) Eastern Division 

East of the line described in (1). 

(B) Paragraph 11 

Amend to read (new wording underlined): 

Notwithstanding the provisions of paragraph 8 the taking of 10 humpback whales not below 35 feet 
(10.7 metres) in length per year is permitted in Greenland waters provided that whale catchers of less than 
50 gross register tonnage are used for this purpose, and the taking of gray whales, and of bowhead whales 
from the Bering Sea stock, by aborigines or a Contracting Government on behalf of aborigines is permitted, 
but only when the meat and products of such whales are to be used exclusively for local consumption by the 
aborigines and further provided, with respect to the Bering Sea stock of bowhead whales that: 

(a) in 1978, hunting shall cease when either 18 have been struck or 12 landed, 

(b) It is forbidden to strike, take or kill calves or any bowhead whale accompanied by a calf. 



1508 



The Marine Mammal Commission Compendium 



(C) Table 2. Northern Hemisphere 

Amend to read (changes underlined): 

Northern Hemisphere— laiS-seasim 













Males 




Females 




Classifi- 


Catch 


Classifi- Catch 




cation 


limit 


cation limit 


North Pacific 








Western Division 


SMS 


2,987 


SMS 784 


Eastern Division 


IMS 


2,118 


IMS 555 


North Atlantic 









Total 



Classification 
SMS 



Catch limit 
685 



(D) Paragraph 17 

Add new sub-paragraph: 



(c) It is forbidden to take or kill any sperm whale over 45 feet (13.7 metres) in length in the North Pacific 
Ocean and dependent waters south of 40° North latitude during the months of March to June 
inclusive. 



Amendments to the Schedule to the 

International Convention for the 
Regulation of Whaling, London, 1978 



Done at London 30 June 1978 

Entered into force 20 October 1978 

Primary source citation: 30 UST 1639, TIAS 9271 



International Whaling Commission 

The Red House, 

Station Road, Histon, 

Cambridge CB4 4NP 

Telephone: 022023 3971 

Telegrams: Interwhale Cambridge 

Chairman 

Thordur Asgeirsson (Iceland) 

Vice-Chairman 

M.C. Mercer (Canada) 

Secretary 

Dr. Ray Gambell 



21 July 1978 



RG/PRP/1938 



CIRCULAR COMMUNICATION TO CONTRACTING GOVERNMENTS 

International Convention for the Regulation of Whaling, 1946 
Amendments to the Schedule 

1. At its 30th Annual Meeting held in London, 26-30 June 1978, the Commission agreed to the following 
amendments to the Schedule: 

A. Substantive amendments (changes and new wording underlined) 

Paragraph 1. 

Amend to read as shown in the Appendix 



1509 



1510 The Marine Mammal Commission Compendium 



Paragraph 7(d) 

Amend to read: 

"Geographical boundaries in the North Pacific 

The geographical boundaries for the sperm and Bryde's whale stocks in the North Pacific are : 

Sperm whale stocks 

1. Western Division 

West of a line from the ice edge south along the 180° meridian of longitude to 180°, 50°N, then 
east along the 50°N parallel of latitude to 160°W , 50°N, then south along the 160°W meridian 
of longitude to 160°W , 40°N, then east along the 40°N parallel of latitude to 150°W , 4Q°N, 
then south along the 150°W meridian of longitude to the equator. 

2. Eastern Division 

... East of the line described in 1. 
Bryde's whale stocks 

1. Western Stock 

West of the 160°W meridian of longitude 

2. Eastern Stock ' ■ 
East of the 160°W meridian of longitude" 

Paragraph 9. 

Amend to read: 

"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 6,221 minke whales and Bryde's whales (pending 
a satisfactory estimate of stock size), in the 1978/79 pelagic season and the 1979 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." 

Paragraphic. ..; i 

Amend to read: 

■■, "The number of baleen whales taken in the North Pacific Ocean and dependent waters in 1979 
and in the North Atlantic Ocean in 1979 shall not exceed the limits shown in Table 1." 

Table 1. ., ,: ., 

Amend to read as shown, [appended] 
Paragraph 11. 

Amend to read: 

" with respect to the Bering Sea stock of bowhead whales that: 



Multilateral / Marine Mammals 1511 

(a) in 1978, hunting shall cease when either 20 have been struck or 14 landed,* 

(b) in 1979, hunting shall cease when either 27 have been struck or 18 landed , 

(c) it is forbidden to strike, take or kill calves or any bowhead whale accompanied by a 
calf." 

* subject to legal advice 

Paragraph 14. 

Amend to read: 

"The number of sperm whales taken in the Southern Hemisphere in the 1978/79 pelagic season 
and the 1979 coastal season shall not exceed 4,222 males and 1,214 females. The total catch 
in any of the Divisions 1 to 9 shall not exceed the limits shown in Table 2." 

Paragraph 15. 

Amend to read: 

"The number of sperm whales taken in the North Pacific Ocean and dependent waters in 1979 
and in the North Atlantic Ocean in 1979 shall not exceed the limits shown in Table 2." 

Table 2. 

Amend to read as shown, [appended] 

■ ' New paragraph to follow the present paragraph 23, all subsequent paragraphs to be 

renumbered. 

" 24 (a) All whale catchers operating in corg unction with factory ships and land stations 
shall report the following information on each whale taken : 

(1) Methods used to kill a whale, other than a harpoon, and in particular 
compressed air . 

"i' - ■ ■ (2) Number of whales struck but lost . 

(b) A record similar to that described in sub-paragraph (a) of this paragraph shall 

be maintained by vessels engaged in "small-type whaling" operations and by 

• '_ ' . ' 1 native peoples taking species listed in paragraph 1, and all the information 

mentioned in the said sub-paragraph shall be entered therein as soon as 

available. " 

Paragraph 26(a)(1) [old numbering, new paragraph 27(a)(1) ] 

Amend to read: 

"both ovaries or the combined weight of both testes" 
B. Consequential changes 
Paragraph 8(a) 

Amend the fourth paragraph to read: 

"For the 1978/79 pelagic season and the 1979 coastal season in the Southern Hemisphere and 
for the 1979 season in all other areas ..." 



1512 The Marine Mammal Commission Compendium 

Paragraph 24(a) [old numbering, new paragraph 25(a)] • ,. 

Amend third line to read: ,■ .. :.■-'.:, • ?. 

•1' "... of data on the number of Bryde's and minke whales taken ..." 

[Note that the Schedule dated April 1978 contains a misprint in this line — the word 'fin' 
should have been deleted following the 29th Annual Meeting. ] 

2. These amendments become effective with respect to each Contracting Government ninety days following 
the date of this letter, in accordance with Article V of the Convention, unless any Contracting Govern- 
ment lodges an objection, in which case the procedure under Article V, paragraph 3 of the Convention 
will be followed. 

3. The ninety days period will expire on 19 October 1978. In the absence of objections by that date the 
amendments will become effective. Contracting Governments will be notified accordingly. 

4. Please acknowledge receipt of this letter, a copy of which is being sent to each Commissioner. 

. Dr. R. Gambell 

Secretary to the Commission 

Revised paragraph 1 of the Schedule (new wording underlined) - ., ■ 

1. The following expressions have the meanings respectively assigned to them, that is to say: 

"baleen whale" means any whale which has baleen or whale bone in the mouth, ie. any whale other than a 
toothed whale. 

"beaked whale" means any whale belonging to the genus Mesoplodon, or any whale known as Cuvier's beaked 
whale (Ziphius cavirostris), or Shepherd's beaked whale (Tasmacetus shepherdi). 

"blue whale" (Balaenoptera musculus) means any whale known as blue whale, Sibbald's rorqual, or sulphur 
bottom, and including pygmy blue whale. 

"bottlenose whale" means any whale known as Baird's beaked whale (Berardius bairdii), Amoux's whale 
(Berardius arnuxii), southern bottlenose whale (Hyperoodon planifrons), or northern bottlenose whale (Hy- 
peroodon ampullatus). 

"bowhead" (Balaena mysticetus) means any whale knovyn as bowhead, Arctic right whale, great polsu' whale, 
Greenland right whale, Greenland whale . 

"Bryde's whale" (Balaenoptera edeni, B. brydei) means any whale known as Bryde's whale. 

"dauhval" means any unclaimed dead whale found floating. 

"fin whale" (Balaenoptera physalus) means any whale known as common finback, common rorqual, fin whale, 
herring whale, or true fin whale. 

"gray whale" ( Eschrichtius robustus) means any whale known as gray whale, California gray, devil fish, hard 
head, mussel digger, gray back, or rip sack. 

"humpback whale" (Megaptera novaeangliae) means any whale known as bunch, humpback, humpback whale, 
humpbacked whale, hump whale or hunchbacked whale. 

"killer whale" (Orcinus orca) means any whale known as killer whale or orca. 



Multilateral / Marine Mammals 1513 



"minke whale" (Balaenoptera acutorostrata, B. bonaerensis) means any whale known as lesser rorqual, little 
piked whale, minke whale, pike-headed whale or sharp headed fmner. 

"pilot whale" means any whale known as long-finned pilot whale (Globicephala melaena) or short-finned pilot 
whale (G. macrorhynchus). 

"right whale" (Eubalaena glacialis, E. australis) means any whale known as Atlantic right whale, Biscayan 
right whale, Nordkaper, North Atlantic right whale. North Cape whale. Pacific right whale. Southern right 
whale. 

"pygmy right whale" (Caperea marginata) means any whale known as southern pygmy right whale, pygmy 
right whale. 

"sei whale" (Balaenoptera borealis) means any whale known as sei whale, Rudolphi's rorqual, pollack whale, 
or coalfish whale. 

"sperm whale" (Physeter macrocephalus) means any whale known as sperm whale, spermacet whale, cachalot 
or pot whale. 

"toothed whale" means any whale which has teeth in the jaws. 

"lost whale" means any whale that has been taken but not delivered to the factory ship or land station. 

"whales taken" means whales that have been killed and either flagged or made fast to catchers. 

"lactating whale" means (a) with respect to baleen whales — a female which has any milk present in a 
mammary gland, (b) with respect to sperm whales — a female which has milk present in a mammary gland 
the maximum thickness (depth) of which is 10cm or more. This measurement shall be at the mid ventral point 
of the mammary gland perpendicular to the body axis, and shall be logged to the nearest centimetre: that is 
to say, any gland between 9.5cm and 10.5cm shall be logged as 10cm. The measurement of any gland which 
falls on an exact 0.5 centimetre shall be logged at the next 0.5 centimetre, e.g. 10.5cm shall be logged as 11.0cm. 

However, notwithstanding these criteria, a whale shall not be considered a lactating whale if scientific 
(histological or other biological) evidence is presented to the appropriate national authority establishing that 
the whale could not at that point in its physical cycle have had a calf dependent on it for milk. 

"small-type whaling" means catching operations using powered vessels with mounted harpoon guns hunting 
exclusively for minke, bottlenose, beaked, pilot or killer whales. 



1514 



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1516 The Marine Mammal Commission Compendium 



International Whaling Commission 

The Red House, [ 

Station Road, Histon, 
Cambridge CB4 4NP 
Ttelephone: 022023 3971 
■ Telegrams: Interwhale Cambridge 

Chairman . , 

Thordur Asgeirsson (Iceland) \ ' 

, Vice-Chairman . , 

M.C. Mercer (Canada) 
Secretary 
Dr. Ray Gambell 

' 20 October 1975 

RG/PRP/2074 -■ 

CIRCULAR COMMUNICATION TO CONTRACTING GOVERNMENTS 

International Convention for the Regulation of Whaling, 1946 
Amendments to the Schedule / , 

The Secretary refers to his letter of 21 July 1978 (ref: RG/PRP/1938) notifying Contracting Governments of the 
amendments to the Schedule of the Convention agreed at the Commission's 30th Annual Meeting held in London, 
26-30 June 1978. 

No objections have been received to the amendments which therefore become binding on all Contracting Governments 
from 20 October 1978. 

Further copies of the amendments adopted may be obtained from this office on request. A revised edition of the 
schedule incorporating these changes is being printed and wniU be circulated shortly. 

The secretary requests an acknowledgement of this Communication, a copy of which is also being sent to all 
Commissioners. 

Dr R Gambell 

Secretary to the Commission 



Amendments to the Schedule to the 

International Convention for the 
Regulation of Whaling, Tokyo, 1978 



Done at Tokyo 20 December 1978 

Entered into force 6 April 1979 

Primary source citation: 30 UST 2852, TIAS 9366 



International Whaling Commission 

The Red House, 

Station Road, Histon, 

Cambridge CB4 4NP 

Ttelephone: 022023 3971 

Tfelegrams: Interwhale Cambridge 

Chairman 

Thordur Asgeirsson (Iceland) 

Vice-Chairman 

M.C. Mercer (Canada) 

Secretary 

Dr. Ray Gambell 



6 April 1979 



RG/PRM/2352 



CIRCULAR COMMUNICATION TO CONTRACTING GOVERNMENTS 

International Convention for the Regulation of Whaling, 1946 
Amendments to the Schedule 

The Secretary refers to his circular letter of 5 January 1979 (ref: RG/PRM/2194) notifying Contracting (Jovernments 
of the amendments to the Schedule of the Convention agreed at the Special Meeting of the Commission held in Tokyo, 
19-20 December 1978. 

No objections have been received to the amendments, a copy of which is enclosed, and they therefore become binding 
on all Contracting Governments from 6 April 1979. 

A revised edition of the Schedule is being printed and will be circulated shortly. 

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

Dr. R. Gambell 

Secretary to the Commission 



1517 



1518 The Marine Mammal Commission Compendium 



International Convention for the Reflation of Whaling, 1946 
Amendments to the Schedule 



1. At the Special Meeting held in Tbkyo, 19-20 December 1978, the Commission agreed to the following 
amendments to the Schedule: 

A. Substantive amendments (changes and new wording underlined) 

Table 2. Sperm whale stock classifications and catch limits 

Amend entry for Southern Hemisphere Division 5 to read: ■ • 

"5 gO'E— 130°E PS SMS 0" 

Amend entries for North Pacific to read: 

"Western Division SMSi 2698 SMSi 

Eastern Division SMS^ 1102 SMSi 

Tbtal: •' 3800 ^ 

^ Provisionally listed as SMS for 1979 

^ Included within this figure there may be a by-catch of females not to exceed 11.5% and all whaling operations 
are to cease when the by-catch is reached." 

Amend second part of paragraph 26 and renumber it as new paragraph 27 to read: 

"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 : 

:-} (a) The name and gross tonnage of each factory ship. ■; 

(b) 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) Where possible, the time spent each day on different components of the catching operation 

(iv) The gross tonnage, horsepower, length and other characteristics of each ; vessels used only as tow 
boats should be specified 

(v) Any modification of the above measures or data from other suitable indicators of fishing effort 
for "small-type whaling" operations. 

(c) 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. 

The information required under paragraphs (b) (iii) to (b) (v) should be recorded in the log book format shown 
in Appendix A. " 



Multilateral / Marine Mammals 1519 



Consequential amendments 

Paragraph 14 

Amend to read: 

"14. The number of sperm whales taken in the Southern Hemisphere in the 1978/79 pelagic season and the 
1979 coastal season shall not exceed 3820 males and 1055 females. The total catch in any of the Divisions 1 
to 9 shall not exceed the limits shown in Table 2." 

Paragraph 28 - 

Renumber as 29. 

Amend existing Paragraph 27 and renumber as 28 to read: 

27. — (a) Where possible all factory ships and land stations shall collect from each whale taken and report on: 

(1) both ovaries or the combined weight of both testes. 

(2) at least one ear plug, or one tooth (preferably first mandibular). 

(b) Where possible similar collections to those described in sub-paragraph (a) of this paragraph shall be 
undertaken and reported by small-type whaUng operations conducted from shore or by pelagic fleets. 

(c) All specimens collected under sub-paragraphs (a) and (b) shall be properly labelled with the platform 
or other identification number of the whale and be appropriately preserved. 

(d) A Contracting Government shall arremge for the analysis as soon as possible of the tissue samples 
and specimens collected under sub-paragraphs (a) and (b) and report on the results of such analyses. 



1520 The Marine Mammal Commission Compendium 



International Convention for the Regulation of Whaling, 1946 
Schedule Appendix A 

Title Page (one logbook per catcher per season) 



CATCHER NAME YEAR BUILT 

ATTACHED TO EXPEDITION/LAND STATION 

SEASON ...;_.„,:;.-,-, 

OVERALL LENGTH WOODEN/STEEL HULL 

GROSS TONNAGE 

TYPE OF ENGINE H.R 



MAXIMUM SPEED AVE. SEARCHING SPEED 

ASDIC SET, MAKE AND MODEL NO. 

DATE OF INSTALLATION 



MAKE AND SIZE OF CANNON 



TYPE OF FIRST HARPOON USED (EXPLOSIVE, ELECTRIC, NON-EXPLOSIVE) 
TYPE OF KILLER HARPOON USED 



LENGTH AND TYPE OF FORERUNNER . 
TYPE OF WHALELINE 



HEIGHT OF BARREL ABOVE SEA LEVEL 



SPEEDBOAT USED, YES/NO 



NAME OF CAPTAIN. 



NUMBER OF YEARS EXPERIENCE 
NAME OF GUNNER 



NUMBER OF YEARS EXPERIENCE. 
NUMBER OF CREW 



Multilateral / Marine Mammals 



1521 



Daily record sheet 

CATCHER NAME 



SEARCHING: TIME STARTED (OR RESUMED) SEARCHING 
TIME WHALES SEEN 
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 
SERL^O. 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. 

TOTAL CHASING TIME 

TOTAL HANDLING TIME_ 

TOTAL TOWING TIME 

TOTAL RESTING TIME 

OTHER TIME 

(e.g. bunkering, in port) 



WEATHER CONDITIONS 



TIME 


SEA STATE 


WIND FORCE 
& DIRECTION 


VISIBILITY 



























BLUE_ 
FIN 



HUMPBACK_ 

RIGHT 

SEI 



WHALES SEEN (No. and No. of schools) 

BRYDE 

MINKE 

SPERM 



OTHERS, 
(specify) 



SIGNED. 



Amendments to the Schedule to the 

International Convention for the 
Regulation of Whaling, London, 1979 

Done at London 13 July 1979 

Entered into force 24 October 1979 except for a 

provision in Table I which entered into force 

22 January 1980 

Primary source citation: 31 UST 4815, TIAS 9642 



International Whaling Commission 

The Red House, 
Station Road, Histon, 
Cambridge CB4 4NP 

Chairman 

Thordur Asgeirsson (Iceland) 

Vice-Chairman 

M.C. Mercer (Canada) 

Secretary 

Dr. RayGambell 



25 JULY 1979 



RG/CAB/2602 

; CIRCULAR COMMUNICATION TO CONTRACTING GOVERNMENTS 

International Convention for the Regulation of Whaling, 1946 
Amendments to the Schedule 

At its 31st Annual Meeting held in London, 9-13 July 1979, the Commission agreed to the following 
amendments to the Schedule. 

Substantive amendments [changes and new wording underlined] 

New paragraph to precede the present paragraph 5 in Section III Capture, all succeeding paragraphs to be 
renumbered: 

"5. In accordance with Article V(l)(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 



Multilateral / Marine Mammals 1523 



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 eifter 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 catehers 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 catehes 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 catehes 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 hmits shown in Table 1." 

Table 1. 

Amend to read as shown (appended). 

Peu-agraph 11 [old numbering, new psiragraph 12], 
Amend to read: 

". . . with respect to the Bering Sea stock of bowhead whales that: 

(a) In 1980, himting shall cease when either 26 have been struck or 18 landed, 

(b) it is forbidden to strike, take or kill calves or any bowhead whede 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 cateh 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: 



1524 The Marine Mammal Commission Compendium 

(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 revievyed 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, n, 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" . ( i-. 

Amend sub-paragraph 26(b) to read: ' 

"... permitted by paragraph 19. . ." ^ 

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

The ninety days period will expire on 23 October 1979. In the absence of objections by that date the amendments 
will become effective. Contracting Governments will be notified accordingly. 

Please acknowledge receipt of this letter, a copy of which is being sent to each Commissioner. 

" Dr. R. Gambell 

Secretary to the Commission 



Multilateral / Marine Mammals 1525 



Comments by the Secretary 

In drawing up the amendments to the Schedule adopted at the 31st Annual Meeting, the Secretary wishes to 
draw attention to four points. 

1. Southern Hemisphere minke whale catches 

In the plenary session the Chairman of the Scientific Committee made amendments to the figures for 
Area 1 and the Total given in the report of the Itechnical Committee (SC/31/5). However, the Technical 
Committee figures are correct based on the revised numbers issued for the table at the foot of page 12 
of the Report of the Scientific Committee ( SC/3 1/4 ). The recommended combined catch limit for Area I 
is 964, which with a 10% allowance gives 1060, while the sum of the combined catch limit for Areas 
I— VI is 8102 whales. 

2. New Sub-paragraph 9(d) 

The amended wording adopted in the plenary session includes the words "excluding minke whales." In 
paragraphs 2(a), 3(b), new 6 and in similar contexts the Schedule has been consistent previously in 
using the term "except'' . It is suggested that this matter be referred to the Legal Working Group of the 
Technical Committee during the coming year. 

3. Amendment to new paragraph 12 

The Technical Committee had before it a proposed amendment to the Schedule submitted by the 
USA (IWC/31/29). Discussion of this amendment both in Tschnical Committee and subsesequently in 
plenary session was limited entirely to the number of Bering Sea bowheads that might be struck and 
landed. Neither the new layout nor the addition of the substantive new sub-paragraph requiring 
information collection and recording where practicable were considered. The amendment finally adopted 
in plenary was therefore phrased in the terms of the existing paragraph 11(a). 

It is suggested that the new layout, which follows the form contained in the proposal of the Ttechnical 
Committee Working Group on Subsistence/Aboriginal whaling (IWC/31/5 WGl) might be considered 
during the year through the Legal Working Group, and that the substantive addition be considered in 
the agenda of the 32nd Annual Meeting. 

4. The Technical Committee Legal Working Group pointed out that the Bottlenose whale should not be 
listed in Table 1 as a Baleen Whale. This species has therefore been transferred to Table 2, which has 
been re-titled Tbothed Whale . . . , as an editional correction to the Schedule. 

24 October 1979 
RG/CAB/2795 

CIRCULAR COMMUMCATION TO CONTRACTING GOVERNMENTS 

International Convention for the Regulation of Whaling, 1946 
Amendments to the Schedule 

The Secretary refers to his letters of 25 July 1979 (ref: RG/CAB/2602) and 13 August 1979 (ref: RG/CAB/2624) 
notifying Contracting Governments of the amendments to the Schedule of the Convention agreed at the Commission's 
31st Annual Meeting held in London 9-13 July 1979. 

Pursuant to Article V paragraph 3 of the Convention the Government of Spain has lodged an objection to the catch 
limit of 143 fin whales for the Spain-Portugal-British Isles stock of the North Atlantic. It states that "the Spanish 
delegation opposed such measure at the meeting and the Spanish [Government] reiterates its objection." 



1526 The Marine Mammal Commission Compendium 



According to the procedure laid down in Article V paragraph 3 of the Convention, this amendment shall therefore 
not become effective with respect to any Contracting Government for an additional 90 days, that is until 21 January 
1980. 

During this period any other Contracting Government may present objection to this amendment at any time prior 
to the expiration of the additional 90 day period, or before the expiration of 30 days from the date of receipt by the 
Commission of the last objection received during the additional 90 day period, whichever date shall be the later. 

Thereafter, the amendment shall become effective with respect to all contracting Governments which have not 
presented objection but shall not become effective with respect to any Government which has so objected until such 
date as the objection is withdrawn. 

The Commission wrill notify each Contracting Government immediately upon receipt of each objection and withdrawal 
and each Contracting Government should acknowledge receipt of all notifications of amendments, objections and 
withdrawals. 

No objections have been received to any other amendments adopted at the 31st Annual Meeting, and these therefore 
become binding on all Contracting Governments from 24 October 1979. 

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

Dr. R. Gambell 
,. . Secretary to the Commission 



Multilateral / Marine Mammals 



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Table 2. Toothed Whale Stock Classifications and Catch Limits 



Sperm 



Classi- 
fication 



1 60°W- 30°W 

2 30°W- 20°E 

3 20°E- 60°E 

4 60°E - 90°E 

5 M^E - 130°E 

6 130°E- 160°E 

7 160°E - 170°W 

8 170°W- 100°W 

9 lOO-W- 60»W 



Southern Hemisphere 1979/80 pelagic s 
SMS' 



Catch 
limit 



1 and 1980 coastal s 



Classi- 
fication 



Catch 
limit 



North Pacific: 

Western Division: 
Males 
Females _ 
Eastern Division: 
Males 



North Atlantic 
Northern Indian Ocean 



Northern Hemisphe; 



' Provisionally Hsted as SMS for 1980. 

^ The catch in 1980 shall not exceed 550 or 50% of the 1978 catch and the catch in 1981 shall not exceed 300 or 26% of the 1978 catch, whichever is the 
lower in each year. The catch in 1982 shall be zero. 

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. 
■* Provisionally listed as PS for 1980, pending the accumulation of sufiicient information for classification. 



Amendments to the Schedule to the 

International Convention for the 

Regulation of Whaling, Brighton, 1980 

Done at Brighton 26 July 1980 

Entered into force 26 November 1980 except for those 
Amendments which entered into force 23 February 1991 

Primary source citation: 32 UST 4241, TIAS 9946 



International Whaling Commission 

The Red House, 

Station Road, Histon, 

Cambridge CB4 4NP 

Tfelephone: 022023 3971 

Telegrams: Interwhale Cambridge 

Itelex: 817960 

Chairman 

Thordur Asgeirsson (Iceland) 

Vice-Chairman 

M.C. Mercer (Canada) 

Secretary 

Dr Ray Gambell 



27 August 1980 



RG/CAB/3540 



CIRCULAR COMMUNICATION TO CONTRACTING GOVERNMENTS 

International Convention for the Regulation of Whaling, 1946 
Amendments to the Schedule 

At its 32nd Annual Meeting held in Brighton, 21-26 July 1980, the Commission agreed to the following amendments 
to the Schedule. 

A. Substantive amendments [changes and new wording underlined] 

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 ." 



Multilateral / Marine Mammals 1531 



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 AustraUan 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) 



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 

The revision and re-organisation of the Schedule proposed by the Technical Committee Working Group as circulated 
by the Secretary in a Communication dated 26 October 1979 (ref: RG/CAB/2752) was adopted with two changes. 
Together with the insertion of a date in [old] paragraph 5, the addition of a sentence to [old] paragraph 12, and certain 
consequential changes resulting from the decisions detailed in section A above, the revisions adopted are as follows: 

CHAPTER I. INTERPRETATION (paragraph 1) 

Divide the Msting into three parts: baleen whales, toothed whales, and general. Under the first two parts, the various 
whede 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. 



1532 The Marine Mammal Commission Compendium 

"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 i i ;; 

2. (a) 

(b) (with consequential changes) . , 

(c) 

W) 

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 



Multilateral / Marine Mammals 1533 



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 . . . consvunption 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 . . . 



1534 The Marine Mammal Commission Compendiuj 



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 
corgunction 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 wdth 
regard to all factory ships and catcher ships of the following statistical information: 

(b) If it appears ". . . permitted by paragraph 11 . . ." 

.'), (1) The nEune and gross tonnage of each factory ship. 

(2) For each catcher ship attached to a factory ship or land station: 

fi, (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. •;- 

• ; I i_ - (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) Wherepossible the time spent each day on different components of the catching operation, 



Multilateral / Marine Mammals 1535 



(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. An end [new] paragraph 25(b)(ii) to read: 

"... pursuant to paragraph 24." 

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



1536 The Marine Mammal Commission Compendium 



The ninety days period will expire on 25 November 1980. In the absence of objections by that date the amendments 
will become effective. Contracting Governments wall be notified accordingly. 

Contracting Crovemments are reminded that Article V paragraph 3 of the Convention requires them to acknowledge 
receipt of this notification of amendments, a copy of which is being sent to each Commissioner. 

Dr. R. Gambell 

Secretary to the Commission 



Comments by the Secretary 

The geographical boundaries for the Bryde's whale stocks now recognised in the Southern Hemisphere and 
Northern Indian Ocean will require some clarification in the future: 

(a) The South Atlantic stock area is not defined. 

(b) The Australian coast(s) mentioned in the Indian Ocean and Western South Pacific Stock areas is/are 
not clearly identified. 

The North Pacific minke whale stock areas are not defined at present. 

Since the Commission at its 31st Annual Meeting adopted a moratorium on factory ship whaling except for 
minke whales [new] paragraph 9(d), reference to sperm whales in paragraph 2(b) and the whole of para- 
graph (c) appear to be redundant. Similarly, the provisions of paragraph 2(a) are also superfluous at the present 
time. The Commission may wish to delete all these together with the reference in paragraph 2(a)(ii). The 
consequential deletion of references in paragraph 2(b) and the fact that the existing reference to paragraph 2(e) 
[now renumbered 5] is proposed for identification under "small-type whaling" suggests that only para- 
graph 2(d) needs to be retained in the section on factory ship operations. 

The Commission may wish to revise the style of [new] paragraph 7 to bring the designation of the latitudinal 
and longitudinal limits into conformity with the remainder of the Schedule. 

[New] sub-paragraph 10(d) includes the words "excluding minke whales", whereas the term used in similar 
contexts (2(a), 4(b), 3) is "except". The Commission may wish to be consistent in its phraseology. 

The Legal Working Group noted that the revision of [new] paragraph 20 does not deal vrith the policy question 
of whether or not, for example, a protected whale which is taken by accident should be treated and then reported 
as an infraction, rather than left unutilised and perhaps a hazard to navigation. 

The Legal Working Group also recommended that the Commission review the description of whale processing 
contained in [new] paragraph 20(b) to reflect current practice and to encourage complete utilisation of the 
whales landed. 



Multilateral / Marine Mammals 



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1538 The Marine Mammal Commission Compendium 

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 

Classifi- Catch 

cation Limit 

South Atlantic Stock IMS 

Indian Ocean Stock IMS 197 

Solomon Islands Stock IMS 

Western South Pacific Stock IMS 237 

Peruvian Stock SMS 264 

Eastern South Pacific Stock IMS 188 



NORTH PACIFIC - 1981 season 

Eastern Stock IMS Qi 

Western Stock SMS 510 

East China Sea Stock 19 



NORTH ATLANTIC - 1981 season IMS 



^ Pending a 8ati3factx)ry estimate of stock e 
"^ ProvisionaUy listed as SMS for 1981. 



Multilateral / Marine Mammals 



1539 



TABLE 3. TOOTHED WHALE STOCK CLASSIFICATIONS AND CATCH LIMITS 

Southern Hemisphere 1980/81 pelagic season and 1981 coastal season 



Divisions 

1 
2 
3 
4 

5 
6 

7 



Longitudes 



60°N- 
30°N 
20°E 
60'E 



30°W 

-ecE 

-90°E 



90°E - ISO'E 

ISO'E - leo^E 

160°E - 170°W 

ITCW - 100°W 

lOO^W - 60°W 



SPERM 



Classi- 
fication 



Catch 
limit 



Appendix 1 



BOTTLENOSE 

Classi- 
fication 



3001 



NORTH PACIFIC 



Northern Hemisphere - 1981 season 



Western Division 


males 




females 


Eastern Division 


males 




females 


NORTH ATLANTIC 


males 




females 


NORTHERN INDIAN OCEAN 





8902.3 



130 





PS 



' The catch in 1982 ahall be zero. 

Included within this figiire there may be a by-catch of females not to exceed 11.5% and all whaling operations for this specie 
catch is reached- 

^ 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 . 

Provisionally listed as PS for 1981 pending the accumulation of sufficient information for classification. 



i to cease when the by- 



1540 



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Multilateral / Marine Mammals 1541 



24 November 1980 
RG/EE/3682 

CIRCULAR COMMUNICATION TO CONTRACTING GOVERNMENTS 
Result of Postal Vote to Amend the Schedule 

The Secretary has been instructed by the Chairman of the Commission to announce the result of the postal vote 
proposed by the Government of the United States of America to amend the Schedule Table of Toothed Whale Stock 
Classifications and Catch Limits for the 1980/81 pelagic season and 1981 coastal season so that Division 1 - 8 stocks 
of sperm whales in the Southern Hemisphere Shall be unclassified and that catch limits for each of these stocks of 
sperm whales shall be zero (see Circular Communication dated 10 October 1980, ref: RG/CAB/3616). 

There were received 18 votes in favour of the proposal and 2 abstentions. 

In voting for the proposal, the Commissioner for Brazil stated that: 

"It is the understanding of the Brazilian Government that the USA amendment to the Schedule, which is justified 
by the inability of the Scientific Committee to recommend £in appropriate quota for sperm whales, is solely applicable 
to the 1981 whaling season". 

Japan asked that the reason for its abstention be recorded as follows: 

"The Government of Japan cannot accept the idea of this proposal to set up a zero quota for sperm whales in Divisions 
1 - 8 of the Southern Hemisphere without any appropriate discussion on a scientific basis in the IWC, even if the 
sperm whales concerned are not caught by any country". 

An amendment to the Schedule requires a three-quarters majority for it to become effective, and Rule C.3 of the 
Commission' s Rules of Procedure states that: 

"Between meetings of the Commission or in the case of emergency, a vote of the Commissioners may be taken by post, 
or other means of communication in which case the necessary simple, or where required three-fourths majority, shall 
be of the total number of Commissioners". 

The proposal therefore received a sufficient number of votes to achieve the required majority of the 24 members of 
the Commission. 

This amendment becomes effective with respect to each Contracting Government ninety days following the date of 
this letter, in accordance with Article V paragraph 3 of the Convention, unless any Contracting Government lodges 
an objection, in which case the procedure under Article V paragraph 3 of the Convention will be followed. 

The ninety days period will expire on 22 February 1981. In the absence of objections by that date the amendments 
will become effective. Contracting Governments will be notified accordingly. 

Contracting Governments are reminded that Article V paragraph 3 of the Convention requires them to acknowledge 
receipt of this notification of amendment, a copy of which is being sent to each Commissioner. 

Dr. R. Gambell 

Secretary to the Commission 

^ )«. ^ M- t*. ^ ^ 



1542 The Marine Mammal Commission Compendium 



23 February 1981 



RG/EE/3790 



CIRCULAR COMMUNICATION TO CONTRACTING GOVERNMENTS 

International Convention for the Regulation of Whaling, 1946 
Amendments to the Schedule 

The Secretary refers to his Circular Communications dated 24 November 1980 and 26 November 1980 (refs: 
RG/EE/3682 and 3693). 

No objections have been lodged to the amendment to the Schedule concerning the Table of Tbothed Whale Stock 
Classifications and Catch Limits for the 1980/81 pelagic season and 1981 coastal season for the sperm whale stocks 
in Divisions 1 - 8 of the Southern Hemisphere as adopted by postal vote (Unclassified with zero catch limits). This 
amendment therefore becomes binding on all Contracting Governments from 23 February 1981. 

No further objections have been received following the notice from the Government of the Republic of Korea of an 
objection to the new paragraph to precede the previous paragraph 5: 

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". 

This paragraph therefore becomes binding on all Contracting Governments other than the Republic of Korea from 
23 February 1981. 

A revised edition of the Schedule to the Convention will now be printed to replace the issue dated February 1980 and 
will be distributed as soon as it is available. 

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

. .^ . . ■ Dr. R. Gambell 

V ; ' , ,' Secretary to the Commission 



Amendments to the Schedule to the 

International Convention for the 

Regulation of Whaling, Brighton, 1981 



Done at Brighton 25 July 1981 

Entered into force 10 November 1981 except for 

those Amendments which entered into force 
8 February 1982 and 8 March 1982, respectively 

Primary source citation: International Whaling 

Commission Circular Communication RG/EE/4008, 

11 August 1981 



International Whaling Commission 

The Red House, 

Station Road, Histon, 

Cambridge, CB4 4NP 

Ttelephone: 022023 3971 

Ttelegrams: Interwhale Cambridge 

Telex: 817960 

Chairman 
E. Iglesias (Argentina) 

Vice-Chairman 

E. Lemche (Denmark) 

Secretary 

Dr. Ray Gambell 



11 August 1981 



Our Ref. RG/EE/4008 

CIRCULAR COMMUNICATION TO CONTRACTING GOVERNMENTS 

International Convention for the Regulation of Whaling, 1946 
Amendments to the Schedule 

At its 33rd Annual Meeting held in Brighton, 20-25 July 1981, the International Whaling Commission agreed to the 
following amendments to the Schedule: 

A. SUBSTANTIVE AMENDMENTS (changes and new wording underiined) : 

1. Paragraph 6. Add new wording as follows: 

" The killing for commercial purposes of minke whales using the cold grenade harpoon shall be forbidden from 
the beginning of the 1982/83 pelagic and the 1983 coastal seasons." 



1643 



1544 The Marine Mammal Commission Compendium 

2. Paragraph 9 (d). Revise as follows: 

Geographical boundaries in the North Pacific for Bryde's whale stocks: 

" East China Sea Stock 

West of the Ryuku Island chain 

Western Stock 

West of the 160°W meridian of longitude ( excluding the East China Sea stock area ) 

Eastern Stock 

East of the 160°W meridian of longitude ( excluding the Peruvian stock area )" 

3. Paragraph 9 (e). Revise as follows: 

"Geographical boundaries for Bryde's whales stocks in the Southern Hemisphere 

Southern Indian Ocean Peruvian 

20''E to 130°E south of the Equator [unchanged] 

Solo