RECOGNIZING the global endangerment of whales.
THEREBY submits this Act in an attempt to make member states to take more effective steps in preserving the population of these aquatic mammals as part of maintaining balance in the ecosystem.
1:
(A) If any person belonging to a ship nationally under WA jurisdiction kills or takes, or attempts to kill or to take:
- (x) a right whale, or
(y) an immature whale, or
(z) a female whale which is accompanied by a calf,
imprisonment and such fines.
(B) For the purposes of this section a whale of any description shall be deemed to be immature if it is of less than such length as may be prescribed in relation to whales of that description : Provided that the length prescribed for the purposes of this section in relation to blue whales shall not be less than sixty feet, and the length so prescribed in relation to fin whales shall not be less than fifty feet.
2:
(A) For the purposes of clarity ''a ship nationally under WA jurisdiction'' applies only to ships manufactured, regardless of location, to serve and represent the WA nation it was specified for.
(B) Therefore if the ship were either fully or partially manufactured under non-WA jurisdiction, but manufactured for the application of of being headed by heralds of a WA jurisdiction, then the Act would be binding to the ship.
(C) In the event of the provisions of Section 1 being violated under non-WA jurisdiction the Act shall remain applicable to all WA parties involved.
3:
(A) Recognizing the threat that certain WA maritime enterprises may attempt to exploit the jurisdiction loophole whereby they fraudulently adopt a non-WA flag of convenience to avoid being bound by the regulations imposed by the Act.
(B) Acknowledges that this can lead to confusion as to the correct identity of the ship as to whether or not it represents and serves a WA nation.
(C) Therefore in addition to Sections 1 and 2, finds all ships regardless of jurisdiction to be bound by the Act if the violation of the provisions detailed in the Act is exercised under WA territorial waters where the Act is enforced.
4:
(A) Lists known 'Right Whales' covered by the Act:
- 1- Atlantic right whale.
2- Arctic right whale.
3- Biscayan right whale.
4- Bowhead
5- Greenland right whale.
6- Greenland whale.
7- Nordkaper
8- North Atlantic right whale.
9- North Cape whale.
10- Pacific right whale.
11- Pigmy right whale.
12- Southern Pigmy right whale.
13- Southern Right whale
(B) Lists known 'Blue Whales' covered by the Act:
- 1- Blue Whale
2- Sibbald's Rorqual
3- Sulphur Bottom
(C) Lists known 'Fin Whales' covered by the Act
- 1-Common Finback
2- Common Finner
3- Common Rorqual
4- Finback
5- Fin whale
6- Herring whale
7- Razorback
8- True Finn whale
(D) Highlights that this Act therefore essentially helps in protecting over 24 different species of the whale.
(E) Furthermore tasks the World Assembly Science Program (WASP) established under the GA Resolution #87 to regularly expand and update the lists conveyed under Sections 4 (A-C) to its sensible discretion.
