12. COMMISSION'S COMPETENCE TO SET CATCH LIMITS FOR BAIRD'S BEAKED WHALE IN THE NORTH PACIFIC (1986)

12. COMMISSION'S COMPETENCE TO SET CATCH LIMITS FOR BAIRD'S BEAKED WHALE IN THE NORTH PACIFIC

(from "Chairman's Report of the Thirty-Eighth Annual Meeting")

The Netherlands reminded the Technical Committee that this subject has been discussed in the Commission for several years. There have been no new elements introduced in the discussions and the lack of conclusion is unsatisfactory. In its view there is no doubt that the IWC does have legal competence to regulate this species. The Netherlands referred to Article I, paragraph 1 of the Convention, to Section III, Table 3 of the Schedule, and to Section IB of the Schedule, viz. definition of bottlenose whale. It furthermore expressed its concern about the uncertainty of the status of the Baird's beaked whale in the North Pacific. It suggested that this Item be retained on the Commission's Agenda until it is resolved.

This position was supported by a number of delegations, but Japan emphasised that the species is not in the original Table of Nomenclature annexed to the Final Act of the 1946 Conference and there must be unanimous agreement by the Contracting Governments before it can be regulated. It will continue its national catch limit of 40 whales. Mexico added its reservation on this matter, and looked for a resolution on the legal aspects.

The Technical Committee recommended, in the absence of agreement, to retain this Item on the Agenda for the next meeting, and this was accepted by the Commission.