International Convention for the Regulation of Whaling

International Convention for the Regulation of Whaling, 1946

SCHEDULE

(As amended by the Commission at the Special Meeting, Cambridge, UK, 14 October 2002)

EXPLANATORY NOTES

The Schedule contains the amendments made by the Commission at its Special Meeting in October 2002 and at its 54th Annual Meeting in May 2002.

The amendments which are shown in green bold type came into effect on 19 January 2003. The amendments made by the Commission at its 54th Annual Meeting are shown in italic bold type.

In Tables 1, 2 and 3 unclassified stocks are indicated by a dash. Other positions in the Tables have been filled with a dot to aid legibility.

Numbered footnotes are integral parts of the Schedule formally adopted by the Commission. Other footnotes are editorial.

The Commission was informed in June 1992 by the ambassador in London that the membership of the Union of Soviet Socialist Republics in the International Convention for the Regulation of Whaling from 1948 is continued by the Russian Federation.

The Commission recorded at its 39th (1987) meeting the fact that references to names of native inhabitants in Schedule paragraph 13(b)(4) would be for geographical purposes alone, so as not to be in contravention of Article V.2(c) of the Convention (Rep. int. Whal. Commn 38:21).

I. INTERPRETATION

I. INTERPRETATION

1. The following expressions have the meanings respectively assigned to them, that is to say:

A. Baleen whales

"baleen whale"	means any whale which has baleen or whale bone in the mouth, i.e. any whale other than a toothed whale.
"blue whale" (Balaenoptera musculus)	means any whale known as blue whale, Sibbald's rorqual, or sulphur bottom, and including pygmy blue whale.
"bowhead whale" (Balaena mysticetus)	means any whale known as bowhead, Arctic right whale, great polar whale, Greenland right whale, Greenland whale.
"Bryde's whale" (Balaenoptera edeni, B. brydei)	means any whale known as Bryde's whale.
"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.
"minke whale" (Balaenoptera acutorostrata, B. bonaerensis)	means any whale known as lesser rorqual, little piked whale, minke whale, pike-headed whale or sharp headed finner.
"pygmy right whale" (Caperea marginata)	means any whale known as southern pygmy right whale or pygmy right whale.
"right whale" (Eubalaena glacialis, E. australis)	means any whale known as Atlantic right whale, Arctic right whale, Biscayan right whale, Nordkaper, North Atlantic right whale, North Cape whale, Pacific right whale, or southern right whale.
"sei whale" (Balaenoptera borealis)	means any whale known as sei whale, Rudolphi's rorqual, pollack whale, or coalfish whale.

B. Toothed whales

"toothed whale"	means any whale which has teeth in the jaws.
"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).
"bottlenose whale"	means any whale known as Baird's beaked whale (Berardius bairdii), Arnoux's whale (Berardius arnuxii), southern bottlenose whale (Hyperoodon planifrons), or northern bottlenose whale (Hyperoodon ampullatus).
"killer whale" (Orcinus orca)	means any whale known as killer whale or orca.
"pilot whale"	means any whale known as long-finned pilot whale (Globicephala melaena) or short-finned pilot whale (G. macrorhynchus).
"sperm whale" (Physeter macrocephalus)	means any whale known as sperm whale, spermacet whale, cachalot or pot whale.

C. General

"strike"	means to penetrate with a weapon used for whaling.
"land"	means to retrieve to a factory ship, land station, or other place where a whale can be treated.
"take"	means to flag, buoy or make fast to a whale catcher.
"lose"	means to either strike or take but not to land.
"dauhval"	means any unclaimed dead whale found floating.
"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.

II. SEASONS

Factory Ship Operations

2.	(a)	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 waters south of 40� South Latitude except during the period from 12th December to 7th April following, both days inclusive.
	(b)	It is forbidden to use a factory ship or whale catcher attached thereto for the purpose of taking or treating sperm or minke whales, except as permitted by the Contracting Governments in accordance with sub-paragraphs (c) and (d) of this paragraph, and paragraph 5.
	(c)	Each Contracting Government shall declare for all factory ships and whale catchers attached thereto under its jurisdiction, an open season or seasons 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.
	(d)	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:
		(1) a separate open season may be declared for each factory ship and the whale catchers attached thereto;
		(2) the open season need not necessarily include the whole or any part of the period declared for other baleen whales pursuant to sub-paragraph (a) of this paragraph.
3	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, except minke whales, in any other area except the North Pacific Ocean and its dependent waters north of the Equator for the same purpose within a period of one year from the termination of that season; provided that catch limits in the North Pacific Ocean and dependent waters are established as provided in paragraphs 12 and 16 of this Schedule and 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.

Land Station Operations

4	(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.
	(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 whales, except 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: provided that a separate open season may be declared for any land station used for the taking or treating of baleen whales, except minke whales, which is more than 1,000 miles from the nearest land station used for the taking or treating of baleen whales, except minke whales, under the jurisdiction of the same Contracting Government
	(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 killing of sperm whales by the whale catchers shall be permitted, 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 1,000 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 whale catchers attached to such land stations one open season not to exceed six continuous 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 sub-paragraph (b) of this paragraph); 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 1,000 miles from the nearest land station used for the taking or treating of minke whales under the jurisdiction of the same Contracting Government. 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.
	(e)	The prohibitions contained in this paragraph shall apply to all land stations as defined in Article II of the Whaling Convention of 1946.

Other Operations

Each Contracting Government shall declare for all whale catchers under its jurisdiction not operating in conjunction with 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. Notwithstanding this paragraph one continuous open season not to exceed nine months may be implemented so far as Greenland is concerned.

III. CAPTURE

6	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. 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. CLICK HERE TO READ RELEVANT FOOTNOTES
7	(a)	In accordance with Article V(1)(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�E, including the Red and Arabian Seas and the Gulf of Oman; and the waters of the Southern Hemisphere in the sector from 20�E to 130�E, with the Southern boundary set at 55�S. This prohibition applies irrespective of such catch limits for baleen or toothed whales as may from time to time be determined by the Commission. This prohibition shall be reviewed by the Commission at its Annual Meeting in 2002.CLICK HERE TO READ RELEVANT FOOTNOTES
	(b)	In accordance with Article V(1)(c) of the Convention, commercial whaling, whether by pelagic operations or from land stations, is prohibited in a region designated as the Southern Ocean Sanctuary. This Sanctuary comprises the waters of the Southern Hemisphere southwards of the following line: starting from 40 degrees S, 50 degrees W; thence due east to 20 degrees E; thence due south to 55 degrees S; thence due east to 130 degrees E; thence due north to 40 degrees S; thence due east to 130 degrees W; thence due south to 60 degrees S; thence due east to 50 degrees W; thence due north to the point of beginning. This prohibition applies irrespective of the conservation status of baleen and toothed whale stocks in this Sanctuary, as may from time to time be determined by the Commission. However, this prohibition shall be reviewed ten years after its initial adoption and at succeeding ten year intervals, and could be revised at such times by the Commission. Nothing in this sub-paragraph is intended to prejudice the special legal and political status of Antarctica. CLICK HERE TO READ RELEVANT FOOTNOTES

Area Limits for Factory Ships

8	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�N, except that from 150�E eastwards as far as 140�W, the taking or killing of baleen whales by a factory ship or whale catcher shall be permitted between 66�N and 72�N;
	(b)	in the Atlantic Ocean and its dependent waters north of 40�S;
	(c)	in the Pacific Ocean and its dependent waters east of 150�W between 40�S and 35�N;
	(d)	in the Pacific Ocean and its dependent waters west of 150�W between 40�S and 20�N;
	(e)	in the Indian Ocean and its dependent waters north of 40�S.

Classification of Areas and Divisions

9	(a)	Classification of Areas
		Areas relating to Southern Hemisphere baleen whales except Bryde's whales are those waters between the ice-edge and the Equator and between the meridians of longitude listed in Table 1.
	(b)	Classification of Divisions
		Divisions relating to Southern Hemisphere sperm whales are those waters between the ice-edge and the Equator and between the meridians of longitude listed in Table 3.
	(c)	Geographical boundaries in the North Atlantic
		The geographical boundaries for the fin, minke and sei whale stocks in the North Atlantic are:

FIN WHALE STOCKS

Nova Scotia	North Norway
South and West of a line through: 47�N 54�W, 46�N 54�30'W, 46�N 42�W, 20�N 42�W.	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.

Newfoundland-Labrador	West Norway-Faroe Islands
West of a line through: 75�N 73�30'W, 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.	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�, Thybor�n (Western entrance to Limfjorden, Denmark).

West Greenland	Spain-Portugal-British Isles
East of a line through: 75�N 73�30'W, 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.	South of a line through: Thybor�n (Denmark), 61�N 0�, 61�N 16�W, and East of a line through: 63�N 11�W, 60�N 18�W, 22�N 18�W.

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.

MINKE WHALE STOCKS

Canadian East Coast	Central
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.	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.

West Greenland	Northeastern
East of a line through: 75�N 73�30'W, 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.	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 STOCKS

Nova Scotia	Eastern
South and West of a line through: 47�N 54�W, 46�N 54�30'W, 46�N 42�W, 20�N 42�W.	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.

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.

	(d)	Geographical boundaries in the North Pacific
		The geographical boundaries for the sperm, Bryde's and minke whale stocks in the North Pacific are:

SPERM WHALE STOCKS

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, 40�N, then south along the 150�W meridian of longitude to the Equator.

Eastern Division

East of the line described above.

BRYDE'S WHALE STOCKS

East China Sea	Western
West of the Ryukyu Island chain	West of 160�W (excluding the East China Sea stock area)

Eastern
East of 160�W (excluding the Peruvian stock area)

MINKE WHALE STOCKS

Sea of Japan-Yellow Sea- East China Sea	Okhotsk Sea-West Pacific
West of a line through the Philippine Islands, Taiwan, Ryukyu Islands, Kyushu, Honshu, Hokkaido and Sakhalin Island, north of the Equator	East of the Sea of Japan-Yellow Sea- East China Sea stock and west of 180�, north of the Equator
	Remainder
	East of the Okhotsk Sea-West Pacific stock, north of the Equator

(e)

Geographical boundaries for Bryde's whale stocks in the Southern Hemisphere

Southern Indian Ocean	Western South Pacific
20�E to 130�E South of the Equator	130�E to 150�W South of the Equator (excluding the Solomon Islands stock area)

Solomon Islands	South Atlantic
150�E to 170�E 20�S to the Equator	70�W to 20�E South of the Equator (excluding the South African inshore stock area)

Peruvian	South African Inshore
110�W to the South American coast 10�S to 10�N	South African coast west of 27�E and out to the 200 metre isobath

Eastern South Pacific
150�W to 70�W South of the Equator (excluding the Peruvian stock area)

Classification of Stocks

10	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, 2 and 3 of this Schedule. For stocks at or above the MSY stock level, the permitted catch shall not exceed 90 per cent of the MSY. 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.
	(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, 2 and 3 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. There shall be no commercial whaling on Protection Stocks. Stocks so classified are listed in Tables 1, 2 and 3 of this Schedule.
	(d)	Notwithstanding the other provisions of paragraph 10 there shall be a moratorium on the taking, killing or treating of whales, except minke whales, by factory ships or whale catchers attached to factory ships. This moratorium applies to sperm whales, killer whales and baleen whales, except minke whales.
	(e)	Notwithstanding the other provisions of paragraph 10, catch limits for the killing for commercial purposes of whales from all stocks for the 1986 coastal and the 1985/86 pelagic seasons and thereafter shall be zero. This provision will be kept under review, based upon the best scientific advice, and by 1990 at the latest the Commission will undertake a comprehensive assessment of the effects of this decision on whale stocks and consider modification of this provision and the establishment of other catch limits. CLICK HERE TO READ RELEVANT FOOTNOTES

Baleen Whale Catch Limits

11	The number of baleen whales taken in the Southern Hemisphere in the *2002/2003* pelagic season and the 2003 coastal season shall not exceed the limits shown in Tables 1 and 2.
12	The number of baleen whales taken in the North Pacific Ocean and dependent waters in 2003 and in the North Atlantic Ocean in *2003* shall not exceed the limits shown in Tables 1 and 2.
13	(a)	Notwithstanding the provisions of paragraph 10, catch limits for aboriginal subsistence whaling to satisfy aboriginal subsistence need for the 1984 whaling season and each whaling season thereafter shall be established in accordance with the following principles:
		(1)	For stocks at or above MSY level, aboriginal subsistence catches shall be permitted so long as total removals do not exceed 90 per cent of MSY.
		(2)	For stocks below the MSY level but above a certain minimum level, aboriginal subsistence catches shall be permitted so long as they are set at levels which will allow whale stocks to move to the MSY level. [CLICK HERE TO READ RELEVANT FOOTNOTES]
		(3)	The above provisions will be kept under review, based upon the best scientific advice, and by 1990 at the latest the Commission will undertake a comprehensive assessment of the effects of these provisions on whale stocks and consider modification.
	(b)	Catch limits for aboriginal subsistence whaling are as follows:
		(1)	The taking of bowhead whales from the Bering-Chukchi-Beaufort Seas stock by 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 that:
			(i)	For the years 2003, 2004, 2005, 2006 and 2007, the number of bowhead whales landed shall not exceed 280. For each of these years the number of bowhead whales struck shall not exceed 67, except that any unused portion of a strike quota from any year (including 15 unused strikes from the 1998 � 2002 quota) shall be carried forward and added to the strike quotas of any subsequent years, provided that no more than 15 strikes shall be added to the strike quota for any one year.
			(ii)	It is forbidden to strike, take or kill calves or any bowhead whale accompanied by a calf.
			(iii)	This provision shall be reviewed annually by the Commission in light of the advice of the Scientific Committee.
			(iv)