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In view of the provisions of Article 3 of the Protocol, coupled with the statement in paragraph 16 of this Final Act, the first reservation of the French Government appears to be satisfied. Furthermore, there is no provision in the Protocol regulating the number of land stations. The way, therefore, is clear for the accession of the Government of the French Republic.

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18. It was represented to the Conference by the Danish Delega tion that in the Faroe Islands whale hunting was prosecuted mainly to provide food in the form of whale meat for the population of the Islands, and that hitherto whaling had been conducted from two land stations in the Faroe Islands without regard to size limits. They intimated that it would be necessary for them, in order to the accede to the Principal Agreement, which Denmark was otherwise ready to accept, to make a reservation in respect of size limits so far as they affected these stations. To meet this particular case and other cases of a similar character, the Conference agreed to attach a proviso to Article 5 of the Principal Agreement. The Protocol (Article 4) provides that the size limit for blue, fin and sperm whales applicable to whales taken by catchers working from land stations may be reduced by 5 feet in each instance provided that the meat of such whales is to be used for local consumption. It is understood that this provision is to be limited in its application to stations which are genuinely intended to supply the local needs of the country in which the station is situated.

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19. It was agreed that Article 7 of the Principal Agreement should be amended so as to allow of the treatment of whales after the end of the open season provided that they were killed before midnight on the 7th March. Provision has been made accordingly Con in the Protocol (Article 5).

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20. The Conference considered a statement by the Japanese Delegation with regard to the effect of Article 8 of the Principal Agreement upon land stations in Japan, some of which actually operate for more than six months in any one year, a considerable portion of the catch consisting of sperm whales. In order to meet so far as possible the case of such land stations, the Conference agreed to confine the application of Article 8 to baleen whales, and an amendment to this effect has been included in the Protocol (Article 6).

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21. The Conference having considered reports to the effect that some difficulty has been experienced in the application of Article 12 of the Principal Agreement, the purpose of which is to limit the period between the killing and the treatment of a whale, it was agreed to remove the uncertainty as to the exact interpretation of the Article by redrafting it on different lines with the same purpose

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in view. Provision has been made accordingly in the Protocol (Article 8).

22. The Conference learned with concern that during the Antarctic whaling season of 1936-37, and the summer of 1937, no less than 15 right whales had been killed. They were informed that some of these whales had been measured, and among them four foetuses were found, the lengths of which were approximately 20 feet, 19 feet, 17 feet and 1 foot respectively. Some of these whales were taken by nationals of Governments which were signatories to the Principal Agreement. The Conference desires to draw the attention of the Governments concerned to these breaches of the Geneva Convention and the Principal Agreement. From the commercial point of view, little advantage can accrue to any expedition by the taking of the few right whales that still exist, and, in the opinion of the Conference, it is deplorable not only that right whales should be killed in spite of the provisions of the Principal Agreement, but that, in particular, as the statistics prove, breeding right whales should have been killed. The Conference, therefore, expresses the hope that, with a view to the is preservation of the remainder of these most interesting mammals, the Governments concerned should sternly enforce the provisions of Article 4 of the Principal Agreement.

23. The Conference took note of a statement by Dr. Mackintosh of the proposals of the Discovery Committee for enlisting the support of whaling enterprises in the continuation and development of whale marking as carried out by the Committee. The Conference also heard a statement from the German Delegation as to the steps which the German Government proposes to take for the marking of whales. The Conference expressed the hope that the Governments and the whaling enterprises concerned will do their best to encourage the development of whale marking, which, in the view of the Conference, is likely to make an important contribution to the knowledge of the movement of whales, which has a very close bearing upon the problem of conservation of whales.

24. With reference to paragraph 9 of the Final Act of the Conference of 1937, it was reported that the Governments of Germany and Norway had acquired the necessary powers to deal with transfers of ships registered in their territories, and that the Government of the United States of America already possessed those powers. The Conference expressed the hope that other countries would take steps to acquire similar powers at an early date.

25. In conclusion, the Conference suggested that the question of holding a future Conference should be left to the consideration of the Governments concerned, in the light of developments.

Done in London the 24th day of June, 1938, in a single copy, which shall be deposited in the archives of the Government of the United Kingdom of Great Britain and Northern Ireland, by whom certified copies shall be communicated to all the signatory Governments.

For the Government of the Union of South Africa:

C. T. TE Water.

F. J. DU TOIT.

For the Government of the United States of America:

HERSCHEL V. JOHNSON.
REMINGTON KELLOGG.

WILFRID N. DERBY.

For the Government of the Argentine Republic:

MANUEL E. MALBRÁN.

M. FINCATI.

For the Government of the Commonwealth of Australia:
ROBERT G. MENZIES.

For the Government of Canada:

VINCENT MASSEY.

For the Government of Denmark:

P. F. ERICSEN.

For the Government of Eire:

SEAN O'FAOLAIN O'DULCHAONTIGH.

J. D. RUSH.

For the Government of Germany:

HELMUTH WOHLTAT.

For the Government of the United Kingdom of Great Britain and

Northern Ireland:

HENRY G. MAURICE.

GEO. HOGARTH.

For the Government of Japan:

A. KODAKI.

For the Government of New Zealand:

W. J. JORDAN.

For the Government of Norway:

BIRGER BERGERSEN.

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Map showing waters defined in Articles 7 and 9 of the International Agreement for the Regulation of Whaling, signed at London June 8, 1937 (Treaty Series No. 933), and in Articles 1, 2 and 7 of the Protocol signed at London June 24, 1938, amending the Agreement of 1937 (Treaty Series No. 944).

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Article 9(a) of Agreement
Article 7(b) of Protocol

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Article 9(a) of Agreement
Article 7(b) of Protocol

40° S.

Article 7 of Agreement
Article of Protocol

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OCEAN

Article 9(d) of Agreement
Article 7(e) of Protocol

40° S.

Prepared in the Department of State to accompany U. S. Treaty Series No. 944.

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