232. The factory ship moratorium, paragraph 10 (d), provides:
“Notwithstanding the other provisions of paragraph 10, there shall be a
moratorium on the taking, killing or treating of whales, except minke whales, by
factory ships or whale catchers attached to factory ships. This moratorium applies to
sperm whales, killer whales and baleen whales, except minke whales.”
The Convention defines a “factory ship” as a ship “in which or on which whales are treated either
wholly or in part” and defines a “whale catcher” as a ship “used for the purpose of hunting, taking,
towing, holding on to, or scouting for whales” (Art. II, paras. 1 and 3). The vessel Nisshin Maru,
which has been used in JARPA II, is a factory ship, and other JARPA II vessels have served as
whale catchers. As stated above (see paragraphs 229-230), the Court considers that all whaling that
does not fit within Article VIII of the Convention (other than aboriginal subsistence whaling) is
subject to paragraph 10 (d) of the Schedule. It follows that Japan has not acted in conformity with
its obligations under paragraph 10 (d) in each of the seasons during which fin whales were taken,
killed and treated in JARPA II.