(from "Chairman's Report of the Forty-Fourth Annual Meeting")

The terms of reference were: to initiate a thorough review of the Schedule; to identify, with the advice of the Scientific Committee and other experts as appropriate, those portions of the Schedule that may need updating, amending or deleting and to recommend proposed changes; and to report to the Commission.

The Working Group agreed to limit its deliberations to a review of a draft revised Schedule, based on the October 1991 edition, prepared by the Secretary. It also had available the relevant sections of this year's report of the Scientific Committee. In his presentation of these sections, the Chairman of that Committee explained, however, that the Committee had not yet had time to develop specific recommendations for incorporating its proposals into the Schedule. He pointed out, however, that the Scientific Committee had proposed that a requirement to include position of whale capture to the nearest degree and minute of latitude and longitude be included in Paragraph 24 of the Schedule. He further noted that the Scientific Committee had suggested that Paragraph 29 of the Schedule should be replaced by an enabling clause to provide for the collection of biological samples which might be of value now or in the future.

The Working Group noted that a comprehensive revision of the Schedule could not be completed until the Commission had resolved certain outstanding issues, particularly those regarding implementation of the Revised Management Procedure (RMP) and related matters. It also was agreed that proposals by delegations for amendments to the Schedule were useful as insights for possible future modifications.

A chapter-by-chapter review of the draft proposal produced the following results:

Chapter I - INTERPRETATION. The Working Group agreed that definitions of those terms that will no longer appear elsewhere in the Schedule, as amended, should be identified for possible deletion. Technical advice may be required for amendment or deletion of the definitions in Paragraph 1(C), particularly that of 'lactating whale'. One delegation suggested the need for the inclusion of a definition for 'whale'.

Chapter II - APPLICATION. The Working Group discussed the implications of the new approach adopted by the Secretary, which starts from the premise that the taking of baleen and toothed whales as defined in Chapter I is prohibited, except where specifically permitted. Delegations did not agree whether this approach was consistent with the 1982 United Nations Convention on the Law of the Sea, or with the outcome of the United Nations Conference on Environment and Development. Spain considered that there are both legal and general reasons to avoid using the approach taken in Chapter II and hence reserved its position. It was also noted that Chapter II starts from the premise that the taking of a number of small cetacean species should be prohibited. In the view of some delegations, the Commission is not competent to regulate the taking of small cetaceans.

Chapter III - MANAGEMENT PROCEDURE. This Chapter is left open for incorporation of the RMP. The Working Group suggested that the Commission consider carefully how the RMP might be introduced into the Schedule; whether, for example, by including an entire text as that contained in Annex H to the Scientific Committee's report, or by setting forth some general provisions which incorporate Annex H by reference.

Some delegations felt that, as suggested in the draft proposed Schedule, Paragraph 10(d) need not be retained. Others believed there may be some utility in keeping this Provision.

With respect to Paragraph 10(e), some delegations stated that it should be deleted because it would soon be replaced by the RMP. Other delegations stated that it should be retained because the RMP was not meant to suspend the whole of it immediately, but rather on a stock by stock basis.

Chapter IV - MANAGEMENT AREAS. The new language for Paragraph 8 of the Schedule is merely illustrative of one possible outcome of subsequent Commission decisions related to the RMP.

Chapter V - CAPTURE. This Chapter, too, can only be amended in light of subsequent Commission decisions. The terminology 'which may be taken' in Paragraph 11 was introduced to be consistent with the intentions embodied in the new Chapter II, but some delegations preferred the original language of that provision as it appears in the Schedule.

Chapter VI - METHOD OF CAPTURE. This Chapter should follow Chapter V. A suggestion to condense the text into a single sentence was noted, but some delegations felt that it would not be appropriate while the text had objections attached to it.

Chapter VII - SEASONS. The language of this Chapter could be improved and the final sentence of Paragraph 5, relating to Greenland aboriginal whaling, could be placed within Chapter XI.

Chapter VIII - TREATMENT. References to outmoded whaling activities should be deleted., however, technical expertise would be required to overhaul these provisions in general.

Chapter IX - SUPERVISION AND CONTROL. Review of this Chapter could only proceed after the Commission undertakes full reconsideration of the current system of national inspection supplemented in some aspects by international supervision. Some delegations noted their expectation that this would be done in the context of implementing the RMP. Technical expertise on some aspects and general input from the Infractions Sub-committee would also be required.

Chapter X - INFORMATION REQUIRED. The Working Group, while noting some preliminary recommendations by the Scientific Committee, recognised the need for a thorough review of this Chapter by that Committee. It was suggested by some delegations that the Chapter also include requirements for information relating to time to, and criteria for assessing, death of whales, and also relating to aboriginal subsistence whaling.

Chapter XI - ABORIGINAL SUBSISTENCE WHALING. Revision of this Chapter would depend on review of the aboriginal subsistence management regime by the Commission, whenever that is undertaken, after implementation of the RMP for commercial whaling.

Some delegations suggested the need for modification of the definition of 'small-type whaling', taking full account of the socio-economic aspects of such whaling.

The Working Group agreed that it could not develop specific language for incorporation into the Schedule at this time, because of the need, for example, for the Commission first to address the approach suggested by Chapter II as presented by the Secretary, and for the Commission to decide to what extent it wants to retain the distinctions between the various kinds of whaling operations (factory ship, land station and small-type) which now exist in the current text.

In conveying these results, the Working Group requested the Commission to consider the continuation of the work and, in particular, to:

(1)

note that the Working Group cannot completely fulfil its mandate until the Commission resolves a number of outstanding issues, especially those regarding implementation of the RMP and related matters;

(2)

address the approach in Chapter II;

(3)

invite Contracting Governments to provide, during the intersessional period, technical and legal information required to amend the Schedule; and

(4)

thank the Secretary for his substantial contribution and request that he continue to assist in this endeavour by providing an updated version of the Revised Schedule in time for consideration before the 45th Annual Meeting.

Plenary discussion
The USA supported the recommendations of the Working Group, recognising that a number of important issues must be addressed by the Commission before specific recommendations can be considered. It noted the approach proposed in Chapter II which in essence says that the taking of whales is prohibited except where noted, which captures the operation of the Schedule as it exists today under the moratorium on commercial whaling. While supporting this approach, it understood the concerns of other delegations. It intended to propose a new Working Group to address concerns regarding the Observation and Inspection schemes, as well as the issues of data collection and verification which may arise in the context of the implementation of the RMP, and therefore proposed that Action Arising be held open.

Denmark expressed its view that the starting point should be the acceptance of the principle of sustainable use when possible, and then the adding of restrictions and prohibitions as adopted by the Commission. It noted its position on small cetaceans, and accepted further discussion by the Group in the next year.

Spain emphasised its reservation for legal and constitutional reasons on the approach of Chapter II and the range of species, including small cetaceans, included.

6.2 Action arising
On returning to this agenda item, the USA stated that it was clear nothing had come up during the meeting requiring amendment of the Schedule. Denmark suggested that the Secretary prepare two versions of the draft text, one incorporating the approach taken in Chapter II, the other continuing the line of everything which is not prohibited being allowed. Clarification of exactly what should be done led to the Netherlands proposing that the Secretary be given the power to develop new language in a tidying up exercise of the existing Schedule text. New Zealand also suggested that when governments respond to the invitation to provide technical and legal information in the intersessional period, they could advise their preferred approach to this which would be taken into account by the Secretary. On these understandings, the Commission adopted the actions proposed by the Working Group.

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