Whales on the Net - Policies & Views

REPORT on the 47th ANNUAL MEETING OF THE INTERNATIONAL WHALING COMMISSION

Prepared by J. Frizell - GREENPEACE

The results at a glance:

The commercial whaling mortorium continues.

The Commission passed a strong resolution calling on Norway to "halt immediately all whaling activities".
Strong resolutions were passed to make it more difficult to justify "scientific" whaling and to discourage "scientific" whaling in sanctuaries.
An attempt by Japan to use pollution research as a justification for catching whales in the Southern Ocean was defeated.
A request by Japan for an "intrim" coastal quota of 50 Minke whales in the North Pacific was defeated.
Japan's attempt to have the IWC seek an outside opinion on the legality of having established the Southern Ocean Sanctuary was defeated but it will remain on the agenda for next year.

NORWAY and g(0)

The discussion of Norway's population estimate by the Scientific Committee was a highly technical one and very few people were able to take substantive part in it. g(0) is a measure of the number of whales that were in the strip of water seen by a survey vessel but not seen by the observers. If observers see all the whales then g(0) is 1. Lower values of g(0), such as the figure of 0.36 used since 1992, are divided into the population estimate to correct it. The figure of 0.36 roughly triples the uncorrected population figure. It appears that the revised g(0) estimate of 0.50 being quoted after the January workshop (which doubles the uncorrected estimate and implies a population of about 62,000) is still not high enough and the true value is higher, thus implying an even lower population. However, some further refinements to the calculation methods were agreed and Norway seized on these in the plenary session of the Committee meeting to block agreement on any value of g(0) (since existing values had not been calculated with the refined method) and thus block calculation of any population value or range. Even so, the Committee was able to agree that the value of 68,736 was wrong and that it had been a mistake to accept it in 1992. The Committee also agreed that they were unable to provide management advise (quotas) for this population, even if the Commission were to request this.

There was good support within the Commission for a strongly worded resolution against Norway and on Day 3 of the meeting resolution IWC/47/35, which called on Norway to reconsider its objection to the moratorium and to halt immediately all whaling activities under its jurisdiction, was passed by 21 votes to 6. Norway argued against the resolution saying that the only problem was that the Scientific Committee had run out of time to do the calculations that in their opinion there were adequate numbers of whales and that a single year of whaling would not deplete the population. Immediately after passage of the resolution the Norwegian Commissioner stated that Norway would not abide by it, saying "No way".

SCIENTIFIC WHALING and the SOUTHERN OCEAN SANCTUARY

Two resolutions intended to make "Scientific" whaling more difficult were introduced. The first of these was a general resolution on whaling under special permit - IWC/47/31. While recognising that contracting governments have a right under Article VIII of the convention to authorise research programs, it requests a more detailed review of such programs by the Scientific Committee (including examination of non-lethal alternatives) and requests that governments refrain from issuing permits if they do not satisfy the criteria established in the resolution. The resolution was passed by a vote of 23 to 5 with Japan, Norway, St. Vincent, St. Lucia and the Solomon Islands opposed.

A second resolution on whaling under special permit in sanctuaries - IWC/47/30, was also introduced. Like IWC/47/31 above, it recognised the rights of governments under Article VIII but considered that contracting governments should use non-lethal methods for research in the Southern Ocean Sanctuary and should refrain from research involving the killing of cetaceans in IWC sanctuaries. Efforts made to weaken the resolution were rebuffed and it was passed by a vote of 23 to 7, with Dominica, Japan, Norway, Korea, St. Vincent, St. Lucia and the Solomon Islands opposed.

Delegations from member countries of the Group of Temperate Southern Hemisphere Countries (the Valdivia goup) attending the IWC meeting (Argentina, Australia, Chile, New Zealand and South Africa) made a joint statement to the IWC. They said that the creation of the Southern Ocean Sanctuary was a most significant step in the conservation of whales, expressed their regret that whales continue to be taken in lethal scientific whaling programs and called on countries engaged in scientific whaling to redirect their research efforts to non-lethal means and to co-operate in the implementation of the Sanctuary.

The IWC Scientific Committee received the report from the Greenpeace/IFAW/WWF Workshop to outline a program of non-lethal whale research in the Southern Ocean Sanctuary. The workshop had identified questions that it believed research in a sanctuary should address and these questions are listed in the Committee's report.

ENVIRONMENTAL THREATS

A resolution on the environment and whale stocks - IWC/47/43, was submitted by Norway, USA, Spain, UK and New Zealand. As the list of sponsors suggests, an attempt was made to find common ground acceptable to all parties. Unfortunately, this led to the deletion of language requiring that the research recommendations of the Bergen Workshop on pollutants being implemented by non-lethal means. At one point the draft text simply urged parties to implement the recommendations of the Bergen workshop - a wording that would have been used by the whalers to justify the killing of whales for research. This was changed in the final draft by dropping references to implementation of the workshop results and instead directing the IWC secretariat to consult with governments and the Scientific Committee over ways to facilitate the development and execution of the program and report back. The resolution was adopted by consensus.

Japan and Norway submitted a resolution on further research needs - IWC/47/36, calling on member governments and the IWC to adopt their research programs to address the effect ofenvironmental changes and the effect of polutants to cetaceans in the Antarctic Ocean. New Zealand then tabled an amendment that would require such research be conducted "entirely by non-lethal means". After considerable discussion the Chair ruled that New Zealand's amendment did not create a new resolution but simply changed the focus of the existing resolution. The amendment was upheld by a vote of 23 to 4 with Dominica, Japan, Norway and the Solomon Islands opposed. Switzerland, seconded by St. Vincent, then proposed a weakening amendment which would add the words "wherever possible" after the New Zealand amendment. This was rejeted by a vote of 13 to 11, with Denmark, Dominica, Germany, Japan, Mexico, Norway, ST. Lucia, St. Vincent, Solomon Islands, Sweden and Switzerland voting in favour of the weakening amendment. Japan withdrew the resolution, with New Zealand's amendment in place, before it could be voted upon.

JAPAN'S COASTAL QUOTA

Japan introduced a schedule amendment to allow a coastal catch of 50 Minke whales and Japan, Norway, St. Lucia, St. Vincent, Dominica, Grenada and Solomon Islands introduced a resolution - IWC/47/28, that would have the same effect. These were voted on together and the proposal, which would have required a 3/4 majority to pass, was rejected by 10 votes to 14 with 9 abstaining.

Following the vote, Japan asked that this agenda item be kept open and later in the week introduced a new resolution - IWC/47/47, which would recognise their Action Plan (which was intended to remove the commercial elements from this whaling, though in the view of many did not go far enough) as an effective management measure for an intrim quota, should this quota ever be agreed. This was subsequently amended on the floor to recognise the plan as having "constructive management elements" and was accepted by a vote of 13 to 10 with Australia, Austria, Brazil, France, India, Mexico, New Zealand, Spain, UK and USA opposed.

LEGALITY OF THE SOUTHERN OCEAN SANCTUARY

Japan introduced a paper - IWV/47/38, incorporating a legal opinion it had commissioned which purported to show that the sanctuary was "ultra vires and without effect". Japan requested that the IWC commission an independent legal opinion on the legality of last year's decision. This was strongly opposed by most members and the UK circulated a comment on Japan's legal opinion dismissing it. The point was made repeatedly that the IWC cannot go back and review its own decisions - India put it best by saying "What happens if we commission this opinion and some members do not find it to their taste? Will there be a second opinion? A third?". There was a strong majority opinion against commissioning an opinion but Japan asked that the item be kept open.

Subsequently, Japan introduced a resolution - IWC/47/45, which would request the Secretariat to "refer the matter to relevant international legal institutions". Again there was strong opposition. The resolution would have been voted down but France, opposed even to voting on it, moved to close the debate as a way of getting the item off the agenda. This was supported by the USA and Mexico, but Russia intervened to say that, according to the rules of procedure, the debate could be adjourned but the vote could not. There was vigorous debate on this, much consulting of the rules of procedure and finally the Chair ruled that debate was closed but the item would remain on the agenda for next year. Japan said they would prepare for discussion of this item at the next meeting.

OTHER ISSUES

a. Illegal Trade. The USA, Brazil and Omen introduced - IWC/47/34, a resolution on improving mechanisms to prevent illegal trade in whale meat. There was strong opposition to this from Japan and Norway who claimed that this was outside the scope of the Convention since the Convention simply deals with regulations of catchers, factory ships and land stations. The resolution was passed by 21 to 3 with Japan, Norway and Solomon Islands opposed.
b. Surveys. Introduced - IWC/47/39 rev2, on surveys intended to provide data for the implementation of the Revised Management System, requiring Scientific Committee oversight. There was considerable negotiation on this, focusing on whether the resolution would apply to data originating from the Norwegian survey planned for this summer. In the end this was agreed but the chance to exclude this data altogether (because the survey had not been designed by the Scientific Committee) was lost. The resolution was adopted by consensus.
c. Humane Killing. The UK has prepared a schedule amendment to ban the use of the electric lance (a method used to kill whales that have been harpooned but are not yet dead by passing a 220 volt electric current through them) but there was not sufficient support to ensure a 3/4 majority so they instead introduced a resolution - IWC/47/50, intended to move the issue forward and discourage use of the lance. Meanwhile, Japan and Norway introduced their own resolution - IWC/47/44, which would encourage the use of the electric lance by recommending that research include comparative studies of the effectiveness of the lance compared to other methods. The Japanese/Norwegian resolution was voted down with 7 in favour and 18 opposed; the UK resolution was passed with 20 in favour and 5 opposed.
A resolution - IWC/47/42, on killing methods in the Pilot whale hunt, was introduced. It was soft in tone, welcoming the provision of information by the Faroe Islands government and encouraging them to continue their work in introducing alternatives to the gaff and other methods with a view to reducing times to death. It passed by consensus.
d. Small Cetaceans. The Caribbean states (other than Antigua and Barbuda, which held a strong conservationist line all week) introduced a resolution - IWC/47/25 rev1, on small cetaceans. This was deliberately provocative, asking the Commission to "accept as a sovereign right" the position of these countries that no IWC research can be performed on small cetaceans in their waters without their permission. It was also unnecessary since no IWC research would be conducted in any state's EEZ without their permission in any case. In debate on the floor this resolution was amended so that the Commission simply noted that the governments consider this to be a sovereign right. The USA was not happy with accepting this by consensus and called a vote; the result was a crushing victory for the Caribbeans in which only Australia and Mexico supported the USA. The Caribbeans were observed afterwards being congratulated by the secretary of NAMMCO who described the vote as "the start of something really big". It seems likely that the Caribbeans will interpret this resolution as support by the IWC for management of small cetaceans within 200 mile EEZ's.
e. Implementation Trials of the RMP. Japan has been working in the Scientific Committee to have the Committee perforn implementation trials for the RMP in the Southerrn Ocean Sanctuary. (Implementation trials are the dry run for setting quotas - Japan is proceeding as if the sanctuary did not exist.) Australia raised the point that such trials are not necessary since there will be no commercial whaling in the sanctuary in the foreseeable future and requested that they be deleted from the Committee's agenda in the future as a cost saving measyre. So many deletations spoke up in support of this that the Chair asked for a show of hands which produced strong support for Australia. It will be up to the Chairman of the Scientific Committee to determine what is the will of the Commission on this and what to do.
f. Scientific Advice to CITES. Norway was not pleased with the scientific advise provided to the last CITES meeting by the IWC Secretariat and the Chair of the Scientific Committee. Together with Japan, Norway introduced - IWC/47/48, resolution on scientific advise to CITES, which would direct the Scientific Committee to provide such advise in the future. This was disputed on the floor as setting up a conflict with existing mechanisms. The proposal was voted down by 18 to 5.
g. Grey Whales. Mexico introduced a request - IWC/47/29, which described the situation of a proposed expansion of a salt production company, jointly owned by Mitsubishi and the Mexican Government, in one of the major breeding lagoons for the East Pacific Grey whales, in Beja California. The relevent Mexican authorities had rejected the proposal, finding the company's Environmental Impact Assessment to be insufficient. This decision was lated appealed by the company whose chairman is also Mexico's Secretary of Commerce. A review is underway and the government's request is for the IWC Secretary and the Chairman of the Scientific Committee to consult with the Mexican government to identify one or more internationally renowned scientists to assist the Government in reaching a scientifically-based final decision on the review process. The request was accepted.
h. Whale Watching. The Scientific Committee received the report of a workshop on the scientific "Aspects of Managing Whalewatching", sponsored by IFAW, European Conservation and the Tethys Institute which it welcomed. Indeed, most of the Committee's report on whale watching is taken up by the NGO's report. Following the Scientific Committee meeting, the Technical Committee's working group on whale watching adopted the core of the NGO's report for circulation to all member governments as the starting point for a discussion on regulations for whale watching.
i. Soviet Data. A.A. Matrveev, speaking for the Russian Federation, stated that the person who had presented data to the Scientific Committee about the Soviet overcatches was not a representative of the Russian Federation (he was an invited participant) and requested that all references to the material he had provided on Soviet overcatches in the Antarctic be deleted from the Scientific Committee record. He asserted that the discussion in the Scientific Committee and it's conclusions involved assessments of the behaviour of a contracting government (ie the USSR) on the basis of data submitted unofficially and said that such a discussion needed proper participation of the Russian delegation and that Russia was not prepared to accept these conclusions since it was not officially represented in the debate. He added that the matter of the old whaling records was "under study" in Russia and that their conclusions will be made available (officially) to the Scientific Committee in the future. Russia would not agree to the acceptance of the Scientific Committee report and insisted on a vote, warning all delegations that any government which voted yes or abstained on such a vote would be committing a "hostile act" against the Russian Federation. The unprecedented vote passed by 22 to 1.
j. Oman. After a years absence (due to injury) the Commissioner for Omen returned. Oman's position has suffered in recent years under pressure from Japan, but this year the Commissioner exhibited a vigorous, pro-conservation stand.
k. Vice Chairman. The Commissioner for South Africa, Louis Botha, who was elected as Vice Chairman last year was unable to attend this year due to serious illness and has resigned the post. Irish Commissioner Michael Canny was appointed acting Vice Chair and at the end of the meeting was formally elected to the position which he will hold for the next two years. The Vice Chair usually goes on to become the Chair.

OUTSIDE ACTIVITIES

Greenpeace Ireland was very active in the weeks before the meeting and throughout it with activities ranging from a whale walk to chairing the joint press conference at the beginning of the IWC Annual General Meeting. A very powerful performance of Heathcote William's poem "Whale Nation" toured Ireland, using a mixture of local and nationally known actors and finished with a performance in Dublin the night before the IWC meeting began. They ensured a presence outside Dublin Castle every day despite rain and competing pro-whaling protesters from Norway.

Greenpeace UK organised what must have been one of the largest demonstrations ever held in front of an IWC meeting complete with Molly the Minke (a life sized moving model of a Minke whale) and banners that covered the castle gate and spilled out onto the road in front of the castle, down the street and around the corner.

GENERAL

The most interesting development at this meeting was the large scale presence of the right wing, "wise use" movement. Over 1/3 of all NGO's registered at the meeting (43 out of 127) were from known "wise use" front organisations. In addition to these, there were an unknown number working outside the meeting. They produced two publications, the International Harpoon and the IWC Conservation Tribune which were distributed daily throughout the meeting. Most of the people in the press room at any given time were "wise use" PR people.

This meeting served to further isolate Norway and Japan but both of these nations have made it clear that they intend to continue with their whaling activities.

John Frizell

john.frizell@green2.greenpeace.org
June 1995