Whaling Laws and Treaties
Existing Policy

Overview
The International Whaling Commission (IWC), formed from the International Convention for the Regulation of Whaling (ICRW), oversees the conservation and management of whales worldwide. In the US, the Whaling Convention Act governs the domestic implementation of the ICRW.
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The ICRW was signed in 1946 and took effect in 1948. A 1956 protocol broadened the scope of the convention’s enforcement.
Its overall objectives included protecting whale species from overhunting, establishing international regulations to conserve and develop whales and protect future generations of whales as a natural resource.
Its primary initial outcome was the creation of the IWC. The IWC is one of the earliest international bodies focused on wild species. At first, it comprised a small group of industrial whaling nations solely focused on maximizing exploitation amid intense global competition for whale oil. Nevertheless, the ICRW empowered the IWC to undertake research and collect data related to whales and methods used to kill them. Specifically, Article IV. 1 of the ICRW provides that the IWC “may encourage, recommend or organize studies and investigations relating to whales and whaling.”
The ICRW also requires the IWC to adopt measures to improve the efficiency of whaling methods and equipment. In particular, Articles V.1 (f) and (e) permit the IWC to “amend the Schedule to prohibit or specify the types of gear and apparatus to be used in whaling operations” as well as to adopt regulations “fixing the … methods and intensity of whaling.”
Whaling Convention Act
In 1949, the United States implemented the ICRW—along with the IWC management measures (which would include the future commercial whaling moratorium)—into US domestic law via the 1949 Whaling Convention Act. This law authorizes the United States to participate in the IWC, including appointing a commissioner, and provides the legal basis for issuing permits for aboriginal subsistence whaling to US nationals, prohibiting unauthorized whaling, and collecting data.
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