CONCERNED with the finding of the Scientific Committee concurring with the recent results of the baiji
survey in the Yangzte River that has led the scientific community to conclude that the baiji is functionally
extinct. It is the first cetacean species to disappear in modern times. The main factors that drove the baiji (Lipotes
vexillifer) to extinction were habitat degradation and incidental catch.
RECALLING that since 1991 the IWC SC has recommended that conservation actions must be taken
immediately to eliminate bycatch of the vaquita (Phocoena sinus) in the northernmost Gulf of California,
Mexico, to prevent its extinction. Moreover, since 1997 the International Committee for the Recovery of Vaquita
(CIRVA) has recommended that bycatch be reduced to zero by banning entangling nets throughout the vaquita’s
range whilst noting the difficulties involved in trying to reconcile the vaquita’s need for immediate protection
with the needs of the affected people.
FURTHER RECALLING that IUCN has listed the vaquita as Vulnerable in 1978, Endangered in 1990 and
Critically Endangered since 1996.
NOTING that CIRVA recommended a staged reduction in fishing effort starting in January 2000, with the
expectation that gillnetting would be completely eliminated by January 2002.
FURTHER NOTING that in March 2007 the IUCN Director-General expressed, through a letter to the
President of Mexico, that organization’s grave concern about the future of the vaquita. IUCN also acknowledged
the serious social and economic implications of banning the use of entangling nets in the Northern Gulf and
indicated that conservation efforts must include programs that will help meet the needs of people in the region.
FURTHER NOTING that Mexico has followed many of the recommendations to protect and monitor the
vaquita, e.g. by closing the totoaba fishery, protecting the vaquita’s habitat through Marine Protected Areas
(Biosphere Reserve of the Upper Gulf of California and Delta of the Colorado River and the recently declared
Vaquita Refuge), and implementing an acoustic monitoring program.
FURTHER RECALLING that the Ministry of Environment and Natural Resources and the Ministry of
Agriculture, Livestock and Fisheries have been working cooperatively with several non-governmental
organizations to implement a comprehensive recovery plan with a strong socio-economic component as
recommended by CIRVA.
FURTHER CONCERNED that progress towards reducing/eliminating entanglement has been very slow
despite efforts to ban gillnets from the vaquita’s core area of occurrence and elsewhere in the Northern Gulf. The
baiji experience shows that extinction can happen rapidly and without evidence of a steady or prolonged decline,
if appropriate conservation actions are not taken promptly.
FURTHER NOTING that the vaquita’s survival is at a critical juncture. The best hope for the species is that the
international community and non-governmental organizations will support the Government of Mexico by
providing technical and financial assistance in the implementation of CIRVA’s Recovery Plan and the Biosphere
Reserve.
NOW THEREFORE THE COMMISSION:
COMMENDS Mexico’s intense recent efforts to prevent the extinction of the vaquita despite the difficulties
involved in reducing bycatch to zero, and especially given the difficulties of providing alternative livelihoods to
isolated fishing communities in the Northern Gulf.
FURTHER COMMENDS the President of Mexico for the recent announcement on the Conservation Program
for Endangered Species (PROCER), which calls for the implementation of specific Species Conservation Action
Programs (PACE) for a list of selected species. The vaquita is among the top five species on this list.IWC59\Resolution 2007-5 2 04/06/07
URGES the Members of IWC and the world community to support Mexico's efforts to prevent the extinction of
the vaquita by reducing bycatch to zero in the immediate future and assisting in providing financial resources
and technical as well as socio-economic expertise.

RECOGNISING that the International Whaling Commission (IWC) is the internationally competent organisation for
the conservation and management of whale stocks;
FURTHER RECOGNISING that the Convention on International Trade in Endangered Species of Wild Fauna and
Flora (CITES) passed Resolution Conf 11.4 (Rev COP12) which acknowledges the IWC as the major source of
information on whale stocks around the world;
NOTING that the IWC Scientific Committee continuously reviews the status of all whale stocks;
NOTING that the moratorium on commercial whaling has been in effect since 1986, remains in effect and the reasons
for the moratorium remain valid;
WELCOMING the continuing cooperation between CITES and the IWC on issues related to international trade in
whale products, and urging all governments to continue to support IWC and CITES obligations with respect to this
issue;
FURTHER NOTING the existence of CITES Resolution Conference 11.4 (Rev. CoP12) on the Conservation of
cetaceans, trade in cetacean specimens and the relationship with the International Whaling Commission which interalia
expresses concern that international trade in meat and other products of whales is lacking adequate international
monitoring or control, recognises that the IWC is the major source of information on whale stocks around the world and
recommends that the Parties to CITES agree not to issue any import or export permit, or certificate for introduction
from the sea under CITES for primarily commercial purposes for any specimen of a species or stock protected from
commercial whaling by the International Convention for the Regulation of Whaling;
NOW THEREFORE THE COMMISSION:
AFFIRMS that the moratorium on commercial whaling remains in place and that the reasons for the moratorium are
still relevant;
EXPRESSES APPRECIATION that CITES recognises the IWC’s Scientific Committee as the universally recognised
international organisation with international expertise to review and evaluate the status of the world’s whale stocks;
REAFFIRMS the important role of CITES in supporting the IWC’s management decisions with regard to the
conservation of whale stocks and the importance of continued cooperation between CITES and IWC;
REAFFIRMS the importance of continued cooperation between CITES and IWC with regard to the conservation of
whale stocks through the regulation and management of international trade in whale products;
CONSIDERS that the IWC has not yet completed the necessary measures to regulate commercial whaling;
CONSIDERS that any weakening of existing restrictions on trade under CITES could have significant adverse effects
on the moratorium on commercial whaling and increase threats to whales;
REQUESTS Contracting Governments to respect the relationship between the two conventions and not to seek the
transfer of cetacean species from CITES Appendix I.
FURTHER REQUESTS the secretariat to send a copy of this resolution to the CITES secretariat.

1 The version of this Resolution circulated in August 2007 and posted on the website had an error in the 7 th operative paragraph

RECALLING the objective of the 1946 International Convention for the Regulation of Whaling to safeguard
the natural resources represented by whale stocks for the benefit of future generations;
NOTING that many coastal States, including developing countries, have adopted policies of non-lethal use of
cetaceans in the waters under their jurisdiction, in accordance with their sovereign rights reinforced by, inter
alia, the United Nations Convention on the Law of the Sea (UNCLOS) and the Rio Declaration;
AWARE that most whale species are highly migratory and thus shared biodiversity resources;
CONCERNED that negotiations aimed at resolving the impasses at the International Whaling Commission must
address the issue of non-lethal use to take into account the interests of a substantial portion of IWC membership;
NOTING that, under domestic management by coastal States, non-lethal utilization of whales is a rapidly
growing activity that provides substantial socio-economic opportunities, including promoting employment in
coastal communities, especially in developing countries;
NOTING FURTHER that the moratorium on commercial whaling has been in effect since 1986 and has
contributed to the recovery of some cetacean populations essential for the promotion of non-lethal uses in many
countries;
CONCERNED that whales in the 21st Century face a wider range of threats than those envisaged when the
ICRW was concluded in 1946;
NOTING that the Buenos Aires Declaration states that “high quality and well managed implementation of whale
watching tourism promotes economic growth and social and cultural development of local communities,
bringing educational and scientific benefits, whilst contributing to the protection of cetacean populations”;
NOW THEREFORE THE COMMISSION:
RECOGNISES the valuable benefits that can be derived from the non-lethal uses of cetaceans as a resource,
both in terms of socio-economic and scientific development;
RECOGNISES non-lethal use as a legitimate management strategy;
ENCOURAGES member States to work constructively towards the incorporation of the needs of non-lethal
users of whale resources in any future decisions and agreements.

Secretariat note of 30/7/07
Note the version of this Resolution initially posted on the website on 30 May did not incorporate revisions
agreed by the Commission during plenary discussions. The revisions are included in this version in italics.
Resolution 2007-2
RESOLUTION ON SAFETY AT SEA AND PROTECTION OF THE ENVIRONMENT
WHEREAS the safety of vessels and crew, the order of maritime navigation, and environmental protection, are,
and have long been, the common interests of nations worldwide;
WHEREAS the Commission and Contracting Governments support the right to legitimate and peaceful forms
of protest and demonstration;
RECALLING that the 58th Annual Meeting of the Commission adopted Resolution 2006-2 in which the
Commission agreed and declared that the Commission and its Contracting Governments did not condone any
actions that are a risk to human life and property in relation to the activities of vessels at sea, and urged persons
and entities to refrain from such acts;
SERIOUSLY CONCERNED that certain confrontations and actions at sea relating to whaling and whale
research activities risk human life, property, the marine environment, and the order of maritime navigation, and
may lead to grave accidents;
RECOGNISING the need for all States to take actions, in accordance with relevant rules of international law
and respective national laws and regulations, to cooperate as appropriate to prevent and suppress actions that risk
human life and property at sea;
RECALLING the Convention on the International Regulations for Preventing Collisions at Sea which set
uniform principles and rules for avoiding collisions at sea;
NOTING the general obligation in Article 192 of the United Nations Convention on the Law of the Sea that
States protect and preserve the marine environment as well as Article 194 (1) and (5) on the need to prevent,
reduce and control pollution in the marine environment including by taking measures necessary to protect and
preserve rare or fragile ecosystems as well as the habitat of depleted, threatened or endangered species and other
forms of marine life;
FURTHER NOTING that Article 197 of UNCLOS requires that States co-operate on a global basis and, as
appropriate, on a regional basis, directly or through competent international organisations, in formulating and
elaborating international rules, standards and recommended practices and procedures consistent with UNCLOS,
for the protection and preservation of the marine environment, taking into account characteristic regional
features;
MINDFUL of the fact that issues relating to confrontation between vessels at sea and in port have been
discussed by this Commission as well as in other international fora including the International Maritime
Organisation;
RECALLING applicable international instruments, including the Convention for the Suppression of Unlawful
Acts against the Safety of Navigation, relating to international cooperation for the prevention of unlawful acts
against the safety of maritime navigation and actions against alleged offenders;
NOTING also that MARPOL 73/78 and in particular its Annexes I and V designate the Antarctic as a Special
Area due to the ecological importance of the fragile ecosystems of the area;
NOW THEREFORE THE COMMISSION
IWC59\Resolution 2007-2 1 30/07/07AGREES AND DECLARES again that the Commission and its Contracting Governments do not condone and
in fact condemn any actions that are a risk to human life and property in relation to the activities of vessels at
sea;
URGES persons and entities to refrain from such acts;
FURTHER URGES Contracting Governments to have regard for the importance of protecting the environment,
and in particular the fragile Antarctic environment;
URGES all Contracting Governments concerned to take appropriate measures, consistent with IMO guidelines,
in order to ensure that the substance and spirit of this Resolution are observed both domestically and
internationally;
URGES Contracting Governments to take actions, in accordance with relevant rules of international law and
respective national laws and regulations, to cooperate [ ] to prevent and suppress actions that risk human life and
property at sea and with respect to alleged offenders;
URGES Contracting Governments to cooperate in accordance with UNCLOS and other relevant instruments in
the investigation of incidents at sea including those which might pose a risk to life or the environment.

Resolution 2007-1
RESOLUTION ON JARPA
WHEREAS paragraph 7(b) of the Schedule establishes a sanctuary in the Southern Ocean;
RECALLING that the Commission has repeatedly requested Contracting Parties to refrain from issuing special
permits for research involving the killing of whales within the Southern Ocean Sanctuary, has expressed deep
concern at continuing lethal research within the Southern Ocean Sanctuary, and has also recommended that
scientific research involving the killing of cetaceans should only be permitted where critically important research
needs are addressed;
CONSCIOUS that the Scientific Committee last year convened a workshop to analyse the results of JARPA 1,
which is reported in SC/59/REP 1;
NOTING that the Workshop agreed that none of the goals of JARPA 1 had been reached, and that the results of
the JARPA 1 programme are not required for management under the RMP;
FURTHER NOTING that the Government of Japan has authorised a new special permit programme in the
Antarctic, JARPA II, in which the take of minke whales has been more than doubled, and fin whales and
humpback whales have been added to the list of targeted species;
CONCERNED that fin whales in the Southern Hemisphere are currently classified as endangered, and that
humpback whales in the JARPA II research area may include individuals from depleted breeding populations
overwintering in the waters of certain Pacific Islands;
CONVINCED that the aims of JARPA II do not address critically important research needs;
NOW THEREFORE THE COMMISSION
CALLS UPON the Government of Japan to address the 31 recommendations listed in Appendix 4 of Annex O
of the Scientific Committee report relating to the December 2006 review of the JARPA I programme to the
satisfaction of the Scientific Committee;
FURTHER CALLS UPON the Government of Japan to suspend indefinitely the lethal aspects of JARPA II
conducted within the Southern Ocean Whale Sanctuary.

Accepting that:
(1) the IWC is at a crossroads beset by fundamental disagreements as to its nature and purpose;
(2) the future course of the IWC needs to be defined by broad agreement;
Recalling that:
(1) by consensus IWC 60 decided to form a Small Working Group on the Future of the IWC-
(Annex B of IWC/60/24);
(2) the Small Working Group had not been able to reach its ambitious goal of agreeing on a package or
packages on the future of the IWC for the Commission’s review by IWC61 but had recommended that
‘the efforts underway should be continued for a further year and decisions taken at IWC 62”.
Accordingly, by consensus the Commission resolves to:
(1) intensify its efforts to conclude a package or packages by IWC62 (2010) at the latest;
(2) reconfirm the principles that nothing is agreed until everything is agreed and that any package
must be seen as fair and balanced;
(3) build upon the concept of a two-phase process and the progress reported in IWC/61/6;
(4) reconfirm that discussion of the core issues will be conducted without prejudice to the
principles held by IWC members;
(5) reconstitute the Small Working Group for a further year under its original terms of reference;
and
(6) modify the modus operandi as outlined below:
(a) The process will follow the principles outlined at IWC 61:
(i) recognise the advantages of miniaturisation and an effective communication system ;
(ii) involve delegations that are empowered to engage in constructive discussions aimed at
reaching agreement by consensus; and
(iii) allow the IWC Chair, at their discretion, to schedule a closed open-ended negotiating
session or sessions when the circumstances are deemed to be ripe;
(b) The IWC Chair, in consultation with the Advisory Committee, shall appoint a Support Group
containing equitable geographic and socio-economic representation, and range of views to assist
him/her in providing direction to the process and to assist in the preparation of material for
submission to the Small Working Group;(c) The Small Working Group shall operate on the same basis as the Commission with respect to
being open to observers;
(d) The Chair of the IWC shall develop, in consultation with the Support Group, a communication
plan to ensure that Contracting Governments and civil society receive, full and timely information on
the progress of the process;
(e) The Chair of the IWC, in consultation with the Support Group, may appoint independent outside
experts and/or facilitators in order to assist the Small Working Group process.
(f) The Small Working Group will submit its final report to the Commission at least five weeks prior
to IWC 62;
(7) continue to work on remaining ‘category (a) and (b)’ issues in accordance with Annexes E
and F of IWC/61/6, to be completed no later than the end of the interim 5-year period.

WHEREAS the Commission has adopted Resolutions regarding the impact of
environmental changes on cetaceans since 1980;1
NOTING that the Commission decided in 1993 that the Scientific Committee should give
priority to research on the effects of environmental changes on cetaceans in order to
provide the best scientific advice for the Commission to determine appropriate response
strategies to these new challenges;
NOTING that the Scientific Committee identified the priority issues for cetaceans of
climate/environmental change, ozone depletion and UV-B radiation, chemical pollution,
impact of noise, physical and biological habitat degradation, effects of fisheries, disease
and mortality events;
APPRECIATIVE of the efforts to date of the Scientific Committee to understand the
impact of environmental changes, starting with workshops on chemical pollution and
climate change/ozone depletion in 1995 and 1996 resulting in the development of long-
term, multi-disciplinary, multi-national research programmes;
AWARE that knowledge about climate change has advanced substantially since the first
IWC workshop in 1996 and that since that time, unequivocal greenhouse-gas induced
global warming has been demonstrated, often at rates exceeding some worst-case
modelling scenarios;
NOTING work by other international fora on climate change and its impacts on wildlife,
ecosystems, and human society;
WELCOMING the report of the Costa Rica Workshop on Cetaceans and Other Marine
Biodiversity of the Eastern Tropical Pacific held in February 2009;
WELCOMING the Report of the February 2009 International Whaling Commission
Scientific Committee (IWC SC) workshop on cetaceans and Climate Change
(SC/61/Rep4);
CONCERNED that, as stated by the IWC SC workshop, “climate-related changes will
impact negatively on at least some species and populations, especially those with small
and/or restricted ranges, those already impacted by other human activities and those in
environments subject to the most rapid change .... For these species there is a real
potential for elevated risks of extinction.”

The Commission therefore:
ENDORSES the outcome of the climate change workshop and associated
recommendations of the Scientific Committee given in IWC/61/Rep1, including the need
to expand the current international multi-disciplinary efforts and collaborative work with
other relevant bodies;
REQUESTS Contracting Governments to incorporate climate change considerations into
existing conservation and management plans;
DIRECTS the Scientific Committee to continue its work on studies of climate change and
the impacts of other environmental changes on cetaceans, as appropriate;
CALLS on Contracting Governments, IGOs and NGOs to support the expansion of this
important work;
REQUESTS the Secretariat to forward this resolution and the workshop report
(SC/61/Rep 4) to relevant bodies and meetings including inter alia the World Climate
Conference, the UNFCCC and the IPCC in time for upcoming meetings; and
APPEALS to all Contracting Governments to take urgent action to reduce the rate and
extent of climate change.

1 See Resolutions 1980-Appendix 10; 1981–Appendix 7; 1992–Appendix 2; 1993–Appendix 12; 1993–
Appendix 13; 1994-13; 1995-10; 1996-8; 1997-7; 1998-5; 1998-6; 1999-5; 2000-6; 2000-7; and 2001-10.2

WHEREAS the safety of vessels and crew, the order of maritime navigation, and environmental protection, are, and have long been, the common interests of nations worldwide;
WHEREAS the Commission and Contracting Governments support the right to legitimate and peaceful forms of protest and demonstration;
RECALLING that the 58th Annual Meeting of the Commission adopted Resolution 2006-2 in which the Commission agreed and declared that the Commission and its Contracting Governments did not condone any actions that are a risk to human life and property in relation to the activities of vessels at sea, and urged persons and entities to refrain from such acts;
ALSO RECALLING that the 59th Annual Meeting of the Commission adopted Resolution 2007-2 in which the Commission urged its Contracting Governments to take actions, in accordance with relevant rules of international law and respective national laws and regulations, to cooperate to prevent and suppress actions that risk human life and property at sea and with respect to alleged offenders, and to cooperate in accordance with UNCLOS and other relevant instruments in the investigation of incidents at sea including those which might pose a risk to life or the environment;
REAFFIRMING the statement on safety at sea made at the Commission’s Intersessional Meeting held in Heathrow, UK, 6-8 March, 2008, which noted reports of dangerous actions by the Sea Shepherd Conservation Society (SSCS) in the Southern Ocean directed against Japanese vessels, called upon the SSCS to refrain from dangerous actions that jeopardise safety at sea, and on vessels and crews concerned to exercise restraint, condemned any actions that are a risk to human life and property in relation to the activities of vessels at sea, and again urged Contracting Governments to take actions, in accordance with relevant rules of international law and respective national laws and regulations, to cooperate to prevent and suppress actions that risk human life and property at sea and with respect to alleged offenders;
NOTING the expectation of Contracting Governments that all concerned parties will comply with relevant rules of international law and respective national laws and regulations regarding safety at sea irrespective of the positions of Contracting Governments on whaling;
NOTING statements from the Government of Japan that it decided to withdraw its vessels from the Southern Ocean much earlier than originally scheduled in the 2010/11 season in order to secure the safety of the vessels and lives of their crew members in response to dangerous actions by the SSCS;
NOW THEREFORE THE COMMISSION,
AGREES AND DECLARES again that the Commission and its Contracting Governments do not condone and in fact condemn any actions that are a risk to human life and property in relation to the activities of vessels at sea;
RECOGNIZES the primacy of the International Maritime Organization (IMO) on safety at sea, and that its Maritime Safety Committee (MSC) adopted on 17 May 2010 at its 87th session the Resolution MSC. 303 (87) titled “Assuring Safety during Demonstrations, Protest or Confrontations on the High Seas” which condemned any actions that intentionally imperil human life, the marine environment, or property during demonstrations, protests or confrontations on the high seas and called upon Governments to urge, among others:
1. persons and entities under their jurisdiction to refrain from actions that intentionally imperil human life, the marine environment, or property during demonstrations, protests or confrontations on the high seas;
2. all vessels entitled to fly their flag to comply with the applicable instruments adopted by the IMO directed at safety of navigation, security and safety of life at sea; and
3. all vessels, during demonstrations, protests or confrontations on the high seas, to comply with COLREG and SOLAS by taking all steps to avoid collisions and safeguard navigation, security and safety of life at sea;
AGREES that the resolution of differences on issues regarding whales and whaling should not be pursued through violent actions that risk human life and property at sea;
URGES all Contracting Governments concerned to call on the masters of all vessels to take responsibility for ensuring that safety at sea is their highest priority and to strictly observe international collision avoidance regulations.
URGES all Contracting Governments concerned to continue to take actions, in accordance with relevant rules of international law and respective national laws and regulations, to cooperate to prevent and suppress actions that risk human life and property at sea and with respect to alleged offenders;
CONTINUES TO URGE Contracting Governments to cooperate in accordance with UNCLOS and other relevant instruments in the investigation of incidents at sea including those which might pose a risk to life or the environment;
FURTHER URGES all Contracting Governments concerned to take appropriate measures, consistent with relevant IMO instruments, in order to ensure that the substance and spirit of this Resolution are observed both domestically and internationally.

Resolution 2011-1
ON IMPROVING THE EFFECTIVENESS OF OPERATIONS WITHIN THE
INTERNATIONAL WHALING COMMISSION
RECALLING Principle 10 of the Rio Declaration that calls upon States inter alia to facilitate and encourage public
awareness and participation by making information widely available;
AWARE of the importance of transparency in international law;
FURTHER RECALLING the adoption at its 53rd Annual Meeting of Resolution 2001-1 on transparency within the
International Whaling Commission (IWC);
AWARE that since then, international law and practice relating to transparency and participation in international
decision-making have continued to develop, with the coming into force of relevant conventions at the global and
regional level;
RECOGNISING the good practice that has developed under the rules of procedure, financial rules and working
methods and in the effective operation of the Conferences or Meetings of Parties under multilateral agreements on
matters of inter alia reporting of proceedings, participation of observers and good financial governance;
CONSIDERING effectiveness in the operations of the Commission continues to be of vital importance in maintaining
the authority and legitimacy which the Commission needs to fulfil its mandate;
FURTHER CONSIDERING that there are a number of areas where the operations of the Commission could benefit
from enhanced transparency, including relations between the Commission and its members, procedures for reaching,
recording and announcing decisions, and procurement of scientific advice;
BELIEVING that effectiveness can be enhanced in these areas without placing undue administrative burdens on
member governments, the Secretariat, or committees of the Commission;
RECOGNISING that the Commission's Scientific Committee regularly reviews its own procedures with a view to
improving its effectiveness; and
MINDFUL of the need for the Commission to consider the procedures applying under other international agreements
for providing assistance for the participation in international conferences or meetings of delegates, given article III.5 of
the International Convention on the Regulation of Whaling (“the Convention”);
NOW THEREFORE THE COMMISSION:
RESOLVES that Commission procedures should be brought into line with current international good practice so as to
improve the effectiveness of the operations of the organisation;
ADOPTS the amendments to the Rules of Procedure and the Financial Regulations contained in the Annex to this
Resolution;
REQUESTS the Secretary to report 100 days before the 64th Annual Meeting of the Commission on potential options
for providing assistance to member governments with limited means to participate actively in the Commission’s work,
while retaining consistency with the Convention;
REQUESTS the Scientific Committee to continue its practice of reviewing its operations and Rules of Procedure with a
view to enhancing the effectiveness of its operations;
REQUESTS the Secretary to convene a working group of Contracting Governments and observers immediately prior
to IWC64 to consider the role of observers at meetings of the Commission based on experience gained in that regard at
IWC63;
RESOLVES to include the effectiveness of the operations of the IWC as a regular item or sub-item on the
Commission’s agenda, to ensure that the Commission’s rules and procedures are kept up to date in line with
international good practice, and to address any specific problems or issues arising in the operation of the Commission.

RECALLING the terms of Article III.5 of the International Convention for the Regulation of Whaling, whereby "the expenses of each member of the Commission and of his experts and advisers shall be determined and paid by his own Government";

RECOGNISING that a large number of developing countries are members of the IWC and that some have financial difficulties that limit their full participation in the work of the IWC;

DESIRING, within the terms of the Convention, to ensure the fullest possible participation of all Contracting Governments in the work of the Commission;

RECOGNISING that financial assistance to strengthen the scientific and technical capacity of member governments to participate fully in the work of other intergovernmental organizations is provided by other intergovernmental organizations; and

RECALLING the voluntary financial support provided to Contracting Governments in Capacity to Pay Groups 1 and 2 during the special meetings of the Small Working Group tasked with advancing the ‘Future of the IWC’ process;

NOW THEREFORE THE COMMISSION:

DECIDES to create a ‘Voluntary Assistance Fund’ so as to facilitate Contracting Governments in Capacity to Pay Groups 1 and 2 that are not EU Member States or members of the Organisation for Economic Cooperation and Development, (hereinafter eligible Groups 1 and 2 Governments), to participate fully in the work of the Commission;

DECIDES that the sources of the Fund shall be voluntary contributions obtained from Contracting Governments or from national or international bodies or entities interested in facilitating eligible Groups 1 and 2 Governments to participate fully in the work of the Commission;

DECIDES that for reasons of fair representation, Contracting Governments that are willing to contribute to the Fund shall not place individual country-specific restrictions on the choice of beneficiaries of their contributions and shall not specifically finance participation by means other than contributions to the Fund;

DECIDES that payments from the Fund shall be made in accordance with the lesser of the amount provided for in the International Civil Service Commission’s Daily Subsistence Allowance and UN travel rules, or the amount provided for in the domestic rules of the eligible Groups 1 and 2 Governments, and shall ensure that all beneficiaries are treated in the same way;

DECIDES that the initial capital of the Fund shall be the amount of voluntary contributions provided for support of developing countries during the ‘Future of the IWC’ process that remain unspent;

ENCOURAGES Contracting Governments and INVITES others in a position to do so, to make contributions to the Fund;

REQUESTS the Secretary with advice from the Bureau to administer the Fund subject to the financial regulations and audit rules of the Commission, giving priority to eligible Group 1 Governments;

REQUESTS the Secretary to provide timely estimates to the Commission of the funding required to facilitate the full participation of eligible Groups 1 and 2 Governments in the work of the Commission, as well as of the balance available in the Fund and to indicate any shortfall;

DECIDES that the Fund shall be available to the eligible Groups 1 and 2 Governments to participate fully in the Commission’s work based on guidelines for the administration of funding in Annex 2;

DECIDES that these guidelines should be kept under review and further amendments be proposed to the Commission as appropriate to ensure effective prioritisation and use of available funds in a manner consistent with Article lll(5) of the International Convention for the Regulation of Whaling

DECIDES that a review of the performance of the Fund shall take place at the 69th Meeting of the International Whaling Commission;

ADOPTS the amendments to its Financial Regulations and an additional Appendix thereto, as contained in Annexes 1 and 2 to this Resolution.

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