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.*

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.

(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.** +


* The Governments of Brazil, Iceland, Japan, Norway and the Union of Soviet Socialist Republics lodged objections to the second sentence of paragraph 6 within the prescribed period. For all other Contracting Governments this sentence came into force on 8 March 1982.
Norway withdrew its objection on 9 July 1985 and Brazil on 8 January 1992.
Iceland withdrew from the Convention with effect from 30 June 1992.
The objections of Japan and the Russian Federation not having been withdrawn, this sentence is not binding upon these governments.

** The Government of Japan lodged an objection within the prescribed period to paragraph 7(b) to the extent that it applies to the Antarctic minke whale stocks.
The Government of Russian Federation also lodged an objection to paragraph 7(b) within the prescribed period but withdrew it on 26 October 1994.
For all Contracting Governments except Japan paragraph 7(b) came into force on 6 December 1994.

+ Paragraph 7(b) contains a provision for review of the Southern Ocean Sanctuary "ten years after its initial adoption". Paragraph 7(b) was adopted at the 46th (1994) Annual Meeting. Therefore, the first review is due in 2004.


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 depended 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 meridian 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
South and West of a line through:
47°N 54°W, 46°N 54°30'W,
46°N 42°W, 20°N 42°W.

Newfoundland - Labrador
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.

West Greenland
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 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° 18°W, 60°N 18°W, 68°N 3°E,
74°N 3°E, and South of 74°N.

North Norway
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.

West Norway - Faroe Islands
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°, Thyboron (western
entrance to Limfjorden, Denmark).

Spain - Portugal - British Isles
South of a line through:
Thyboron (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.


Minke whale stocks
------------------
Canadian East Coast
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.

West Greenland
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.

Central
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.

Northeastern
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
South and West of a line through:
47°N 54°W, 46°N 54°30'W, 46°N 42°W,
20°N 42°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° 3°E, and South of 74°N.

Eastern
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.

(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
West of the Ryukyu Island chain

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

Western
West of 160°W
(excluding the East China Sea stock area)


Minke whale stocks
------------------
Sea of Japan - Yellow Sea -
East China Sea
West of a line through the Philippine
Islands, Taiwan, Ryukyu Islands,
Kyushu, Honshu, Hokkaido
and Sakhalin Island, north of
the Equator

Okhotsk Sea - West Pacific
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
20°E to 130°E
South of the Equator

Solomon Islands
150°E to 170°E
20°S to the Equator

Peruvian
110°W to the South American coast
10°S to 10°N

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

Western South Pacific
130°E to 150°W
South of the Equator
(excluding the Solomon Islands stock area)

South Atlantic
70°W to 20°E
South of the Equator (excluding the
South African inshore stock area)

South African Inshore
South African coast west of 27°E and
out to the 200 metre isobath


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.*


Baleen Whale Catch Limits
-------------------------
11. The number of baleen whales taken in the Southern Hemisphere in the 1995/96 pelagic season and the 1996 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 1996 and in the North Atlantic Ocean in 1996 shall not exceed the limits shown in Tables 1 and 2.


* The Governments of Japan, Norway, Peru and the Union of Soviet Socialist Republics lodged objection to paragraph 10(e) within the prescribed period. For all other Contracting Governments this paragraph came into force on 3 February 1983. Peru withdrew its objection on 22 July 1983.
The Government of Japan withdrew its objections with effect from 1 May 1987 with respect to commercial pelagic whaling; from 1 October 1987 with respect to commercial coastal whaling for minke and Bryde's whales; and from 1 April 1988 with respect to commercial coastal sperm whaling.
The objections of Norway and the Russian Federation not having been withdrawn, the paragraph is not binding upon these Governments.

TABLE 1: BALEEN WHALE STOCK CLASSIFICATIONS AND CATCH LIMITS (excluding Bryde's whales)

TABLE 2: BRYDE'S WHALE STOCK CLASSIFICATIONS AND CATCH LIMITS

TABLE 3: TOOTHED WHALE STOCK CLASSIFICATIONS AND CATCH LIMITS

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 level1.

(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 1995, 1996, 1997 and 1998, the number of bowhead whales landed shall not exceed 204, and the number of bowheads struck shall not exceed 68 in 1995, 67 in 1996, 66 in 1997, and 65 in 1998, except that any unused portion of the strike quota for each year shall be carried forward from that year and added to the strike quota of any subsequent years, provided that no more than 10 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.

(2)
The taking of gray whales from the Eastern stock in the North Pacific is permitted, but only by aborigines or a Contracting Government on behalf of aborigines, and then only when the meat and products of such whales are to be used exclusively for local consumption by the aborigines.

(i)
The number of gray whales taken in accordance with this sub-paragraph in each of the years 1995, 1996 and 1997 shall not exceed the limit shown in Table 1.

(ii)
This provision shall be reviewed annually by the Commission in light of the advice of the Scientific Committee.

(3)
The taking by aborigines of minke whales from the West Greenland and Central stocks and fin whales from the West Greenland stock is permitted and then only when the meat and products are to be used exclusively for local consumption.

(i)
The number of fin whales from the West Greenland stock and minke whales from the Central stock taken in accordance with this sub-paragraph shall not exceed the limits shown in Table 1.

(ii)
For each of the years 1995, 1996 and 1997, the number of minke whales struck from the West Greenland stock shall not exceed 165, and the total number of whales struck shall not exceed 465 in these three years.

(4)
For the seasons 1993/94 to 1995/96 the taking of 22 humpback whales each season is permitted by Bequians of St Vincent and The Grenadines, but only when the meat and products of such whales are to be used exclusively for local consumption in St Vincent and The Grenadines.


1. The Commission, on advice of the Scientific Committee, shall establish as far as possible (a) a minimum stock level for each stock below which whales shall not be taken, and (b) a rate of increase towards the MSY level for each stock. The Scientific Committee shall advise on a minimum stock level and on a range of rates of increase towards the MSY level under different catch regimes.

2. Each year this figure will be reviewed and if necessary amended on the basis of the advice of the Scientific Committee.


14. It is forbidden to take or kill suckling calves or female whales accompanied by calves.


Baleen Whale Size Limits
------------------------
15. - (a) It is forbidden to take or kill any sei or Bryde's whales below 40 feet (12.2 metres) in length except that sei and Bryde's whales of not less than 35 feet (10.7 metres) may be taken for delivery to land stations, provided that the meat of such whales is to be used for local consumption as human or animal food.

(b) It is forbidden to take or kill any fin whales below 57 feet (17.4 metres) in length in the Southern Hemisphere, and it is forbidden to take or kill fin whales of below 55 feet (16.8 metres) in the Northern Hemisphere; except that fin whales of not less than 55 feet (16.8 metres) may be taken in the Southern Hemisphere for delivery to land stations and fin whales of not less than 50 feet (15.2 metres) may be taken in the Northern Hemisphere for delivery to land stations, provided that, in each case the meat of such whales is to be used for local consumption as human or animal food.


Sperm Whale Catch Limits
------------------------
16. Catch limits for sperm whales of both sexes shall be set at zero in the Southern Hemisphere for the 1981/82 pelagic season and 1982 coastal seasons and following seasons, and at zero in the Northern Hemisphere for the 1982 and following coastal seasons; except that the catch limits for the 1982 coastal season and following seasons in the Western Division of the North Pacific shall remain undetermined and subject to decision by the Commission following special or annual meetings of the Scientific Committee. These limits shall remain in force until such time as the Commission, on the basis of the scientific information which will be reviewed annually, decides otherwise in accordance with the procedures followed at that time by the Commission.

17. It is forbidden to take or kill suckling calves or female whales accompanied by calves.


Sperm Whale Size Limits
-----------------------
18. - (a) It is forbidden to take or kill any sperm whales below 30 feet (9.2 metres) in length except in the North Atlantic Ocean where it is forbidden to take or kill any sperm whales below 35 feet (10.7 metres).

(b) It is forbidden to take or kill any sperm whale over 45 feet (13.7 metres) in length in the Southern Hemisphere north of 40° South Latitude during the months of October to January inclusive.

(c) It is forbidden to take or kill any sperm whale over 45 feet (13.7 metres) in length in the North Pacific Ocean and dependent water south of 40° North Latitude during the months of March to June inclusive.

_