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1946 International Convention for
the Regulation of Whaling
Done at Washington DC, 1946
Entry into force, 1949
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Membership
As of 31 Jan 2005 |
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Antigua and Barbuda, Argentina, Australia, Austria,
Belgium, Belize, Benin, Brazil,
Chile, China, Costa Rica,
Côte d'Ivoire,
Denmark, Dominica, Finland, France,
Gabon, Germany, Grenada,
Guinea,
Hungary, Iceland, India,
Ireland, Italy, Japan, Kenya, Republic of Korea,
Mali,
Mauritania, Mexico, Monaco, Mongolia,
Morocco, Netherlands, New Zealand,
Nicaragua,
Norway, Oman, Palau, Panama, Peru,
Portugal, Russian Federation, Saint Kitts and Nevis, Saint Lucia, Saint Vincent
and The Grenadines, San Marino, Senegal, Solomon
Islands, South Africa, Spain,
Suriname,
Sweden, Switzerland,
Tuvalu,
United Kingdom,
United States |
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Global: the Convention applies to factory ships, land
stations and whale catchers under the jurisdiction of the member governments, and to all
waters in which whaling is prosecuted by such factory ships, land stations and whale
catchers. |
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The 1946 Convention refers to the proper conservation of
"whale stocks" but does not define the species covered by the term
"whale." A Chart of Nomenclature of whales, annexed to the Final Act of the 1946
Conference, was accepted by the governments represented at the Conference as a guide. The
list included the baleen, sperm and bottlenose whales (the "great" whales). It
is not clear whether the IWC is limited to these named species or not and member
governments are not of one view. The IWC currently recommends measures for: right
(including) bowhead whales, pigmy right, humpback, blue, fin, sei, Bryde's, minke, sperm,
Arctic and Antarctic bottlenose whales. |
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To establish a system of international regulation for the
whale fisheries to ensure proper and effective conservation and development of whale
stocks. |
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The International Whaling Commission is the principal
organization for the conservation and management of whaling. It was established in 1949
with the objectives of allowing the effective conservation and development of whale stocks
and to make possible the orderly development of the whaling industry. Despite its
status as the principal whaling organization, it is operation is impeded by a number of
controversies and differing positions taken by anti-whaling and pro-whaling members. The
controversies relate to various matters, including differences of opinion over the
objectives of the Commission; the recruitment of new members by the Commission by existing
members to bolster support for their own positions; the use of the objection procedure by
whaling States; abuses of the moratorium on whaling by whaling members under the pretext
of scientific whaling; and disagreement over the relationship between the Convention and
the LOS Convention. The future of the IWC is currently
uncertain.
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Membership of the IWC is open to any State, regardless of
whether they engage in whaling or otherwise have an interest in ensuring the "proper
and effective conservation and development of whale stocks" or making "possible
the orderly development of the whaling industry." The participation of large numbers
of States with no such interest has been a point of controversy in the IWC. |
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The IWC consists of the Commission itself, a
Scientific Committee, two other main committees, the Technical and the Finance and
Administration Committees, as well as a number of sub-committees and ad hoc Working Groups
to deal with a wide range of issues, such as aboriginal whaling or whale-watching. The
policy and decision-making body is the Commission, which is composed of one Commissioner
from each contracting government. The main functions of the Commission are: (a) to
encourage, recommend or organize studies and investigations relating to whales and
whaling; (b) to collect and analyze statistical information concerning whale stocks; and
(c) to study, appraise, and disseminate information concerning methods of maintaining and
increasing the populations of whale stocks. |
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The principal manner in which regulations
are adopted by the IWC is through the adoption of regulation amending the Schedule, which
is an integral part of the Convention. Amendments to the Schedule require a three-quarters
majority of the members voting. The Convention permits the adoption of regulations 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.
These regulations must be "such as are
necessary to carry out the objectives and purposes of the Convention and to provide for
the conservation, development, and optimum utilization of whale resources; must be based
on scientific findings; and must take into consideration the interests of the consumers of
whale products and the whaling industry.
Any Party may avoid being bound by an
amendment to the Schedule by registering an objection with 90 days of notification of its
adoption. If a Party registers an objection with this period, an additional period of 30
days after the receipt of the last objection lodged is allowed for other Parties to
withdraw their previously registered approval of the amendment. Once these periods have
lapsed, a Party may not subsequently register an objection. As might be expected, use of
the objection procedure by whaling States to decisions on amendments to the Schedule has -
at times - had a deleterious effect on the IWC, causing considerable delay in adopting
measures, in the early years in particular, and undermining the effectiveness of measures
actually adopted because of the opting-out of the States actually involved in whaling.
More recently, Norway has made use of the objection procedure to resume commercial whaling
of minke whale in the North Atlantic.
Originally the enforcement of IWC measures
was left to its individual members, but a Protocol was adopted in 1956 which added methods
of inspection among those schedule provisions which may be amended by the IWC under
Article V. Some years later, in 1972, an international observer scheme was introduced.
Under the scheme, observers appointed by the IWC were stationed at the whaling operations
of the member governments to confirm their compliance with agreed whaling regulations. For
obvious reasons, the Scheme has lapsed since the end of commercial whaling. As part of the
development of a comprehensive Revised Management Scheme, the IWC is currently discussing
an appropriate framework for new supervision and control procedures and a Working Group
was set up in 1994 to discuss the various issues involved.
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