DEPARTMENT OF STATE PUBLICATION 3383 [Literal print] UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1949 For sale by the Superintendent of Documents, U.S. Government Printing Office Washington 25, D.C.: Price 20 cents BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION WHEREAS a convention for the regulation of whaling was signed at Washington under the date of December 2, 1946 by the respective plenipotentiaries of the Governments of the United States of America, Argentina, Australia, Brazil, Canada, Chile, Denmark, France, the Netherlands, New Zealand, Norway, Peru, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the Union of South Africa; WHEREAS the text of the said convention is word for word as follows: (1) 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 the 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 [2] and November 26, 1945; [3] 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: 1 Treaty Series 933; 52 Stat. 1460. 2 Treaty Series 944; 53 Stat. 1794. Treaties and Other International Acts Series 1597 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. 2. This Convention applies to factory ships, land stations, and whale catchers under the jurisdiction of the Contracting Governments, and to all waters in which whaling is prosecuted by such factory ships, land stations, and whale catchers. As used in this Convention Article II 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. "whale 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 therefrom 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 framework 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 Governments or other public or private agencies, establishments, or organizations, or independently (a) encourage, recommend, or if necessary, organize studies and investigations relating to whales and whaling; (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 Sandefjord 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 |