✨ International Whaling Convention Articles
2388
THE NEW ZEALAND GAZETTE.
[No. 63
Article 3.
The present Convention does not apply to aborigines dwelling on the coasts of the territories of the High Contracting Parties provided that—
- They only use canoes, pirogues, or other exclusively native craft propelled by oars or sails.
- They do not carry firearms.
- They are not in the employment of persons other than aborigines.
- They are not under contract to deliver 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 carcasses of whales taken. In particular,—
- 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 subparagraph shall apply only to such carcasses or parts of carcasses as are not intended to be used for human food.
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Every factory, whether on shore or afloat, used for treating the carcasses of whales shall be equipped with adequate apparatus for the extraction of oil from the blubber, flesh, and bones.
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In the case of whales brought on shore, adequate arrangements shall be made for utilizing 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 authorizing 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 license 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 license 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.
- 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. - The length referred to in subparagraphs (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.
Article 11.
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 the High Contracting Party to take measures to ensure the observance of the conditions of the present Convention in his own 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 31st March, 1932, for signature on behalf of any member of the League of Nations or of any non-member State.
Article 15.
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 1st 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.
Article 17.
The present Convention shall enter into force on the ninetieth day following the receipt by the Secretary-General 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.
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 revision of the Convention, the High Contracting Parties agree to be represented at any conference so convened.
Article 19.
- The present Convention may be denounced after the expiration of three years from the date of its coming into force.
- 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.
- Each denunciation shall take effect six months after the receipt of its notification.
Article 20.
- 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 territories named in such declaration.
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VUW Te Waharoa —
NZ Gazette 1935, No 63
NZLII —
NZ Gazette 1935, No 63
✨ LLM interpretation of page content
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International Convention for the Regulation of Whaling
(continued from previous page)
🌏 External Affairs & Territories19 August 1935
Whaling, International Convention, Geneva, Marine Department