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Whale Symposium Bulletin

 

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Published by the International Institute for Sustainable Development
(IISD) <http://iisd.ca> 

 

Vol. 137 No. 1
Thursday, 12 April 2007

SYMPOSIUM ON THE STATE OF THE CONSERVATION OF WHALES IN THE 21ST
CENTURY: 

12-13 APRIL 2007

This symposium, organized by the Varda Group on behalf of the Pew
Charitable Trusts <http://www.iisd.ca/ymb/whales/> , will take place on
12-13 April 2007, at UN Headquarters in New York. The objective of the
symposium is to analyze options for the conservation of whales,
specifically exploring policies for resolving the current impasse over
commercial and scientific whaling at the International Whaling
Commission (IWC). 

The symposium <http://www.iisd.ca/ymb/whales/>  will seek to avoid the
debates of the past and strive to introduce new information and fresh
solutions. To this end, participants include people from within the IWC
community, as well as those with wider expertise in conservation, law,
and other relevant fields. Participation is by invitation only, with
around 65 participants expected to attend.

The symposium <http://www.iisd.ca/ymb/whales/>  will be organized into
four sessions, centered around the following themes: state of the
world's whale stocks: implications for policy makers; developments in
oceans law from 1946 to 2006: is the International Convention for the
Regulation of Whaling outdated?; whaling diplomacy: why has it been so
difficult to find an acceptable solution?; and the way(s) forward. 

For each session, three presenters will introduce the topic by
addressing the issue from three perspectives: from within the IWC, from
outside the IWC, and a "non-governmental organization perspective."
Broad and interactive discussion will then be encouraged.

A BRIEF HISTORY OF WHALE CONSERVATION IN THE IWC CONTEXT

Several populations of great whales are highly endangered and number 500
or less individuals; many others are also at a fraction of their
original population levels. The primary cause of this situation is
commercial whaling, which started in the early Middle Ages and
officially ended in 1986, when the moratorium on commercial whaling,
adopted in 1982 by the International Whaling Commission (IWC), entered
into force. In particular, the intense whaling efforts in the 1960s,
when around 70,000 whales were caught annually, are thought to have been
critical for many species. Whaling is still taking place today, either
as aboriginal subsistence whaling, scientific whaling, or under official
objection to the 1982 moratorium. 

Whaling in the modern age is regulated by the 1946 International
Convention for the Regulation of Whaling (ICRW). Its purpose is to
"provide for the proper conservation of whale stocks and thus make
possible the orderly development of the whaling industry." In 1949, upon
its entry into force, the Convention established the IWC. The main duty
of the IWC is to keep under review and revise as necessary the Schedule
to the Convention, which specifies measures to regulate whaling. These
measures, among others: provide for the complete protection of certain
species or stocks; designate specified areas as whale sanctuaries; set
limits on the numbers and size of whales which may be taken; prescribe
open and closed seasons and areas for whaling; and prohibit the capture
of suckling calves and female whales accompanied by calves. Since 1946,
the Convention itself has not been revised.

Membership of the IWC is open to any country that formally adheres to
the ICRW, and currently stands at 73. Each member country is represented
by a Commissioner, who is assisted by experts and advisers. The IWC
meets annually; the 2007 meeting is scheduled to take place in May in
Anchorage, Alaska. Since its inception, the IWC has had three main
committees: Scientific, Technical, and Finance and Administration. The
Technical Committee has fallen out of use, but a new Conservation
Committee first met in 2004. There are also sub-committees dealing with
aboriginal subsistence whaling and infractions (breaking of
regulations), and ad hocc Working Groups to deal with a wide range of
issues.

The Convention requires that amendments to the Schedule "shall be based
on scientific findings." To this end, the Commission established the
Scientific Committee, which comprises up to 200 of the world's leading
whale biologists. Many are nominated by member governments. The
Committee meets in the two weeks immediately before IWC annual meetings,
and may also hold intersessional meetings. 

The information and advice of the Scientific Committee form the basis on
which the Commission develops the whaling regulations as contained in
the Schedule. Schedule amendments require a three-quarters majority
vote. Any changes become effective 90 days later unless a member state
has lodged an objection, in which case the new regulation is not binding
on that country. The regulations adopted by the Commission are
implemented through the national legislation of the member states, who
appoint inspectors to oversee their whaling operations and may also
receive international observers appointed by the IWC.

In recent years, the Scientific Committee has been concentrating on a
Comprehensive Assessment of whale stocks, which led to the development
of the Revised Management Procedure (RMP), to be used in setting catch
limits for different whale populations. The RMP was accepted and
endorsed by the IWC in 1994, but it has yet to be implemented, pending
the negotiation of a Revised Management Scheme (RMS), under discussion
since 1996, which would set out a framework for inspection and
observation to ensure compliance with the RMP.

Because of uncertainties in the scientific analyses and in the precise
status of the various whale stocks, the IWC decided at its meeting in
1982 that there should be a moratorium on commercial whaling of all
whale stocks from 1985/1986. Japan, Peru, Norway and the USSR lodged
objections to the moratorium rendering it not binding on them. Japan
later withdrew its objection. Iceland did not lodge an objection, but
withdrew from the IWC in 1992. It rejoined in 2002, with a retroactive
objection to the moratorium. Today, only Norway, Iceland and Japan are
considered whaling nations, with Norway and Iceland referring to their
respective objections, and Japan describing its whaling efforts as
scientific whaling. In addition, some aboriginal communities in Denmark
(Greenland and the Faroe Islands), Russia, Saint Vincent and the
Grenadines, and in the US (Alaska) engage in subsistence whaling.

In addition to the moratorium, two whale sanctuaries have been created:
in the Indian Ocean (1979) and in the Southern Ocean (1994).

Discussions in the IWC are highly polarized. Pro-whaling nations propose
a lifting of the moratorium and of the current sanctuaries, arguing that
these represent a breach with the ICRW objective to provide, inter alia,
for "the optimum utilization of the whale resources." Anti-whaling
nations, however, express concern that despite the moratorium, catches
have gradually increased over recent years - particularly through the
use of special permits to allow killing of whales for scientific
purposes - while many stocks are still endangered. Another key question
raised in the whaling debate is whether it is acceptable to consider
that, as predators, whales should be "culled" for fisheries management
purposes.

IWC-56:: The 56th Annual Meeting of the IWC (IWC-56) took place in
Sorrento, Italy, in 2004. Proposals for sanctuaries in the South Pacific
and South Atlantic failed to gain the necessary three-quarters
majorities to be adopted. Other rejected proposals, all from Japan,
included: the abolishment of the Southern Ocean Sanctuary; a quota of
2,914 Antarctic minke whales; and quotas of 100 minke whales and 150
Bryde's whales to be taken by coastal community-based whaling. However,
the Commission passed a resolution to work to resolve this latter issue.
The IWC also adopted resolutions on: the RMS process; the critically
endangered western gray whales; and whale killing methods and associated
welfare issues. It also decided to continue its work on by-catch and
small cetaceans.

IWC-57:: IWC-57 took place in Ulsan, Republic of Korea, in 2005. The IWC
rejected proposals by Japan to: broaden the option of voting by secret
ballot; revise the RMS so as to, inter alia, lift the moratorium; remove
the existing Southern Ocean Sanctuary; and allow the yearly taking of
150 minke whales by coastal communities. A proposal by Brazil and
Argentina for a South Atlantic Sanctuary did not obtain the required
three-quarters majority. A resolution was passed that strongly urges the
Government of Japan to withdraw or revise its proposal on catches for
scientific purposes in the Antarctic.

IWC-58: IWC-58 took place in Frigate Bay, Saint Kitts and Nevis, in
2006. The meeting agreed that, despite intensive intersessional work,
the issue of advancing the RMS had reached an impasse. After
considerable discussion, a proposal by Brazil and Argentina for a South
Atlantic Sanctuary was not put to a vote. Japan's proposals to allow the
yearly taking of 150 minke whales by coastal communities and to abolish
the Southern Ocean Sanctuary were again defeated. No agreement was
reached on special permit whaling. The IWC considered reports on
environmental issues, small cetaceans, and the work of the Scientific
and Conservation Committees and the Infractions Sub-Committee. The
Commission agreed to a Code of Conduct for non-governmental
organizations, and adopted the St Kitts and Nevis Declaration, proposed
by Japan and several other countries, which declares a commitment to
"normalizing the functions of the IWC based on: the terms of the ICRW
and other relevant international law; respect for cultural diversity and
traditions of coastal peoples and the fundamental principles of
sustainable use of resources; and the need for science-based policy and
rulemaking that are accepted as the world standard for the management of
marine resources." Several of the countries voting against the
declaration formally disassociated themselves from it after the result
was declared.

INTERSESSIONAL HIGHLIGHTS

CMS COP-7:: The seventh Conference of the Parties (COP-7) to the
Convention on the Conservation of Migratory Species of Wild Animals
(CMS) was held from 18-24 September 2002, in Bonn, Germany. COP-7
decided to list fin, sei and sperm whales in CMS Appendices I and II,
and Antarctic minke, Bryde's and pygmy right whales in Appendix II.

CITES COP-12: COP-12 of the Convention on the International Trade in
Endangered Species of Wild Fauna and Flora (CITES) was held from 3-15
November 2002, in Santiago, Chile. Delegates, inter alia, rejected
proposals to downlist populations of minke and Bryde's whales from CITES
Appendix I to Appendix II.

CITES COP-13 <http://www.iisd.ca/cites/cop13/> :: CITES COP-13
<http://www.iisd.ca/cites/cop13/>  convened from 2-14 October 2004, in
Bangkok, Thailand. Japan's draft resolution urging the completion and
implementation of the RMS and its proposal to downlist three stocks of
minke whale from Appendix I to Appendix II were rejected by secret
ballot.

CMS COP-8 <http://www.iisd.ca/cms/cop8/> : CMS COP-8
<http://www.iisd.ca/cms/cop8/>  met from 20-25 November 2005, in
Nairobi, Kenya, and adopted resolution 8.22 on cetacean conservation.
The resolution, inter alia: urges the integration of cetacean
conservation into all relevant sectors; encourages cooperation between
the CMS Secretariat and Scientific Council and the IWC and other
international bodies, to address environmental threats, among other
issues; and invites parties to strive to ensure wherever possible that
their relevant activities avoid harm to cetaceans. 

NORMALIZATION MEETING: The Conference for the Normalization of the
International Whaling Commission, held in Tokyo, Japan, from 12-16
February 2007, aimed to "put forward specific measures to resume the
function of the IWC as a resource management organization." Although
Japan had invited all IWC member countries, only 35 countries attended
the meeting, which was not officially sanctioned by the IWC. Twenty-six
anti-whaling countries decided not to attend the meeting.

The meeting resulted in a series of recommendations to be presented to
the IWC at its next meeting in May 2007, including a request for secret
ballots and Japan's proposal to expand coastal takes of minke whales.

IISD REPORTING SERVICES SUMMARY: A summary of the Whale Symposium will
be available online Monday, 16 April 2007, at:
http://www.iisd.ca/ymb/whales
 

The Whale Symposium Bulletin is a publication of the International
Institute for Sustainable Development (IISD) <[EMAIL PROTECTED]
<mailto:[EMAIL PROTECTED]> >, publishers of the Earth Negotiations Bulletin
(c) <[EMAIL PROTECTED] <mailto:[EMAIL PROTECTED]> >. This issue was written and
edited by Nienke Beintema and Laurel Neme, Ph.D. The Digital Editor is
Dan Birchall. The Editor is Pia M. Kohler, Ph.D. <[EMAIL PROTECTED]
<mailto:[EMAIL PROTECTED]> >. The Director of IISD Reporting Services is
Langston James "Kimo" Goree VI <[EMAIL PROTECTED] <mailto:[EMAIL PROTECTED]> >.
Funding for coverage of this meeting has been provided by The Pew
Charitable Trusts. IISD can be contacted at 161 Portage Avenue East, 6th
Floor, Winnipeg, Manitoba R3B 0Y4, Canada; tel: +1-204-958-7700; fax:
+1-204-958-7710. The opinions expressed in the Bulletin are those of the
authors and do not necessarily reflect the views of IISD. Excerpts from
the Bulletin may be used in other publications with appropriate academic
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