Schedule to the International Convention for the Regulation of Whaling

Schedule to the International Convention for the Regulation of Whaling. It is the integral, legally binding regulatory annex to the International Convention for the Regulation of Whaling (ICRW), establishing the specific rules governing global whaling. Adopted and amended by the International Whaling Commission (IWC), the Schedule details protected species, catch limits, open and closed seasons, designated sanctuaries, and methods of inspection. Its provisions are the primary mechanism through which the IWC implements the conservation and management objectives of the parent Washington, D.C. treaty.

Overview and legal status

The Schedule is an unusual and powerful component of international environmental law, as Article V of the International Convention for the Regulation of Whaling grants the International Whaling Commission the authority to amend it without requiring ratification by member governments. This allows for a dynamic regulatory framework that can respond to changing scientific advice and conservation needs. Amendments, such as the landmark 1982 decision for a commercial whaling moratorium, require a three-quarters majority vote of IWC members present. The legal status of the Schedule is explicitly defined by the Convention; its provisions are binding on all Contracting Governments, though parties may formally object to specific amendments within a prescribed period, as exercised by nations like Norway and Iceland.

Structure and amendments

Structurally, the Schedule is organized into numbered paragraphs and sub-paragraphs, systematically addressing all aspects of whaling regulation. It is divided into several substantive sections covering definitions, protected species, catch limits, open and closed seasons, whaling methods, sanctuary areas, and scientific permits. The process for amending the Schedule is a central function of the International Whaling Commission's annual or special meetings. Proposed amendments, often based on advice from the IWC's Scientific Committee, are debated and voted upon by member states. Historically significant amendments include the establishment of the Indian Ocean Whale Sanctuary and the prohibition of the use of the cold grenade harpoon.

Key regulatory provisions

The Schedule's core regulatory provisions are extensive and technical. They explicitly define and prohibit the taking of suckling calves or female whales accompanied by calves. The document sets minimum size limits for certain whale species, such as fin whales and sei whales, to protect immature individuals. It prescribes detailed requirements for the treatment of carcasses, including mandatory utilization of certain parts, and establishes a comprehensive system for the collection and reporting of biological and catch data to the International Whaling Commission. Furthermore, it designates specific areas as off-limits to whaling operations and regulates the types of equipment that may be used.

Protected species and stocks

A fundamental element of the Schedule is its classification of whale species and populations. It provides a definitive list of species afforded full protection from commercial whaling, including the blue whale, humphack whale, right whale, and bowhead whale. For other baleen whales, such as the minke whale, the Schedule historically set species-specific catch quotas by ocean basin, though these are currently superseded by the commercial moratorium. The classification of stocks into "Protection Stocks" and "Initial Management Stocks" under earlier management procedures has evolved, with current emphasis on the International Union for Conservation of Nature Red List status and assessments from the IWC's Scientific Committee.

Sanctuaries and protected areas

The Schedule establishes two major international whale sanctuaries where commercial whaling is prohibited. The Indian Ocean Whale Sanctuary, created in 1979, encompasses the entire Indian Ocean north of 55°S latitude. The Southern Ocean Whale Sanctuary, established in 1994, covers the waters surrounding Antarctica below 40°S latitude. The proposal for a South Atlantic Whale Sanctuary has been repeatedly advanced by nations like Brazil and Argentina but has not achieved the necessary three-quarters majority vote. These sanctuaries are intended to provide refuges for whale populations to recover and are subject to periodic review by the International Whaling Commission.

Scientific permits and research

Paragraph 30 of the Schedule provides a mechanism for member governments to issue special permits for the killing of whales for scientific research. This provision, embedded in Article VIII of the parent Convention, allows nations to unilaterally grant themselves permits, a practice that has been highly controversial. Notable programs under this clause have been conducted by Japan (JARPA and JARPN II in the North Pacific Ocean), Iceland, and Norway. The International Whaling Commission's Scientific Committee reviews these proposals, but its advice is not binding. The research conducted under these permits has been a persistent point of contention within the IWC, with critics arguing it serves as a cover for commercial whaling.