The Ambassador in the United Kingdom ( Kennedy ) to the Secretary of State
[Received July 20—7 p.m.]
1038. From the Delegates to the Whaling Conference. The informal Whaling Conference adjourned this morning after signature by the heads only of the delegations of Germany, Japan, Norway, the United Kingdom and the United States, of a paper setting forth in Part I the general report and in Part II the resolutions adopted by informal conference.
The resolutions, briefly summarized except as indicated by quotation marks, are as follows:
First. “Article III (1) of the Protocol of 1938.
The Conference resolved to recommend that Article III (1) of the Protocol of 1938 should not apply to the following areas:
- The sea area between 40 degrees north latitude and 52 degrees 30 minutes north latitude from 159 degrees east longitude eastwards to 140 degrees west:
- The sea area between 52 degrees 30 minutes north latitude and 72 degrees north latitude from 150 degrees east longitude eastwards to 140 degrees west longitude:
- The Okhotsk Sea northward of 52 degrees 30 minutes north latitude.”
Second. “Article I of the Protocol of 1938.
The Conference resolved to recommend:[Page 48]
That the provisions of Article I of the Protocol of 1938 should be extended for a further year from 1st October, 1939 to 30th September, 1940.”
In light of report presented by subcommittee appointed to examine various difficulties that have arisen in interpretation and enforcement of whaling legislation and regulations in various countries, the Conference recommended,
“That the question of offenses against whaling legislation and regulations and the appropriate penalties to be exacted should be referred to a special committee, representative of all the principal whaling countries, who should meet in advance of any future conference and draw up a report for that conference.”
Fourth. Whale Marking.
Recommended marking of whales from whale catchers; marking programme being arranged in cooperation with “Discovery” Committee and in accordance with scheme outlined in the report of the Conference.
Fifth. Regulations. Uniformity. Enforcement.
- Recommendation regarding infringements of Article VII of the agreement.
- New regulations:
- Whale measurement.
- Catcher boats to report by radio to factory ships at time when each whale is caught to assist inspector in connection with enforcement Article VIII of the Protocol of 1938.
- Deals with protection of milk filled or lactating whales; recommends inter alia prohibition of payment of bonus or other remuneration to gunners and crews of whale catchers for any milk filled or lactating whales; appointment of two inspectors on every factory ship, the second if possible to be a biologist; individual inspectors not to be continuously appointed to same factory ship but should be interchanged.
Sixth. Regarding a conference for 1940, following recommendation was adopted: “That the consideration of the proposal to hold conference in 1940 should be deferred for the present.”
Seventh. “General. With regard to the procedure to be adopted to give effect to the foregoing resolutions, the Conference recommends as follows:
- That all resolutions shall be notified as soon as possible to the various governments by the Government of the United Kingdom and that those governments shall be urged to bring them into effect.
- That Resolution I shall take effect as soon as notifications of acceptance have been received by the Government of the United Kingdom from the Governments of the United States of America, Denmark, Germany, Norway and the United Kingdom, and the receipt of these notifications has been communicated to the five governments mentioned. And furthermore that this resolution shall be embodied later in a formal protocol to be signed by duly authorized representatives of the governments concerned and shall be deemed to be one with the agreement of 1937 and the Protocol of 1938.
- That Resolution II shall take effect as soon as notifications of acceptance have been received by the Government of the United Kingdom from the Governments of Germany, Norway and the United States, and the receipt of these notifications has been communicated to all the governments concerned, provided that if the Governments of the United States of America and Japan or either of them fails to accept or notifies inability to accept this resolution, the governments which have notified their acceptance shall be at liberty if they so desire to regard this resolution as null and void.”
This final document of course is not to be made public.
The first resolution is designed to meet the Japanese reservation in regard to accession. The Japanese Delegate stated in full meeting on July 17 that his government had authorized him to confirm the declaration made last year that it will take as soon as possible the necessary legislative and other measures to accede to both the agreement and the protocol subject to the reservation regarding first paragraph Article III of the Protocol. The Japanese Delegate further stated he was informed that all necessary internal regulations are expected to be completed by commencement of coming operating season in the Antarctic. He was unable to indicate more precisely when Japanese notification of accession can be expected.
A short press notice was given out this afternoon, to be published in tomorrow morning’s papers. [Delegates to Whaling Conference.]