SAVE THE DOLPHINS FROM HYPOCRISY

Representative George Miller (D-California) and Senator Barbara Boxer (D-California) led the fight to prevent the Administration and its Congressional supporters from opening the US market to a flood of "dolphin deadly" tuna taken by foreign purse seiners fishing on dolphin. Following are excerpts from their joint op-ed piece "Save the Dolphins from Hypocrisy" published in the Los Angeles Times on June 17, 1999.

April 29, 1999: The Commerce Department, pursuant to a law passed in 1997, announced support for changing the popular "dolphin safe" label on cans of tuna sold in the United States. Under the new ruling, fish caught by the previously banned purse seine net method – by which fishermen encircle and harass dolphins – could now be termed "dolphin safe" even though dolphins would be chased down, caught in the nets, harassed and injured.

May 28, 1999: The same Commerce Department declares that feeding and swimming with dolphins is illegal. According to the department's National Marine Fisheries Service, "The best way to protect dolphins is to observe the animals at a respectful distance of at least 50 yards and resist feeding them. In addition, people need to avoid any activities that risk harassment of dolphins, such as chasing, touching or swimming with the animals."

Run that by us again? Hunting down, chasing, encircling and harassing dolphins in tuna nets doesn't necessarily have a significant adverse impact on dolphins, so it's fine for fishermen to engage in these activities and call their resulting tuna catches "dolphin safe?" But slipping Flipper herring or patting his nose is "harassment" and could be "harmful?"

This disturbingly contradictory position has nothing to do with what is safe for the still-depleted dolphin populations. It has everything to do with international trade, and specifically with the weakening of US environmental laws to satisfy international economic partners....

Since passage of our law, dolphin deaths have gone from more than 80,000 to fewer than 3,000 a year. So why argue with success? The Clinton administration, pressed by foreign tuna fleets who, unlike the US fishermen continue to use purse seine netting, capitulated in 1997 and agreed to legislation that allows tuna caught using purse seine nets to be sold in the US and labeled "dolphin safe," unless scientists could prove it was the fishing technique that was hurting dolphin populations....

Fishermen can subject dolphins to severe stress and injury and enjoy the government's seal of safety, but a citizen touching a dolphin swimming near their boat is subject to up to a $100,000 fine for endangering the creature.

The Commerce Department's decision should be reversed, allowing us to maintain the integrity of the label that, since its introduction in the early 1990s, has only been allowed on tuna that was not harvested using the techniques known to kill dolphins.


US IWC PRESENTATION ON ENVIRONMENTAL THREATS TO CETACEANS

by Ben White

On the third day of the International Whaling Commission (IWC) conference, US Undersecretary of Commerce and National Oceanic and Atmospheric Administration (NOAA) chief Dr. James Baker flew in just to deliver a presentation on global environmental threats facing whales and dolphins. Following the US lead, the IWC voted for the first time to allocate 125,000 pounds sterling to study this interconnecting web of threats over and above the harpoon. Just to consider such a direction signals a potential change in the IWC, moving away front managing the killing of whales to actually crafting their protection.

The dramatic slide show was summed up in its opening quote from newly retired IWC chief Peter Bridgewater:

"Global climate change, pollution, and the hole in the ozone layer are greater threats to the world's populations than whaling."

Punctuated by grisly pictures of stranded whales and charts with ominously climbing lines, Dr. Baker's presentation listed a long litany of layered dangers including chemical contamination, global warming, disease, and harmful algae blooms.

All of these severe and long-term threats facing life in the oceans serve to strengthen our case as to why the unnecessary killing of whales must cease. We applaud the careful presentation by the American delegation at the IWC, and their successful effort at convincing the body that the dangers are real and worth exploring.

At the risk of appearing ungrateful, however, it is important to point out one glaring omission in the presentation's catalog of environmental threats: noise pollution. In this arena it is the US government that is one of the worst offenders, with several incredibly loud devices being tested both by the military (ATOC and Low-frequency Active Sonar) and by the National Marine Fisheries Service (devices aimed at driving seals and sea lions away from sport fishing boats).

We congratulate the US government for their efforts, and look forward to the inclusion of the sonic war on whales in their analysis of steps that can be taken to make the world's oceans more hospitable to sustaining all life, including the highly sensitive cetaceans.


Save the Beluga Whales in Alaska's Cook Inlet

by Ben White

Even though the population of beluga whales living in Alaska's Cook Inlet has plummeted from over a thousand to about two hundred, it appears that the National Marine Fisheries Service (NMFS) lacks the backbone to follow through with an endangered species listing. They are leaning instead toward the far less protective "depleted" listing under the Marine Mammal Protection Act (MMPA). The reasons for the agency's reticence have everything to do with big oil and big business and nothing to do with the whale itself, or the requirement that the government obey the Endangered Species Act.

It's easy to fall in love with belugas. One of the smallest of whales, pure white when mature and possessing flexible neck vertebrae; they can turn their head and look at you. Called the canary of the deep, belugas have an amazing repertoire of songs and calls, most of which can be heard by humans. If we are ever able to verbally communicate with a whale, it will probably be with a beluga. We had better act quickly or there won't be anyone left to talk to in Alaska's Cook Inlet.

The main reason for the decline of this genetically distinct tribe of whales is the native hunting over the last decade – about a hundred a year have been killed with untold numbers struck and lost. The whales have been butchered and their meat sold at a local Anchorage market.

Now some native former hunters are petitioning for the NMFS to list the whales as endangered, which will trigger all sorts of habitat protections. Those protections are exactly what is causing big business in Anchorage to barrage NMFS with calls and letters, all demanding that the whale not be listed as endangered. Why? Anchorage has one of the few permits in the country allowing the city to dump municipal sewage into Cook Inlet with only partial treatment. The fifteen oil rigs dotting the inlet are apparently the only ones out of fifteen hundred on the US continental shelf given a variance to the zero-discharge rule. As part of their normal operations, the rigs are allowed by the Environmental Protection Agency to dribble lead, mercury, arsenic toxins directly into beluga habitat.

To stop the poisoning of the last of this unique population of belugas, there is but one legal remedy that will give them a chance to recover. They need to be listed as endangered under the Endangered Species Act.

Dr. Baker, who just made such a splendid presentation on environmental threats to cetaceans (see box below) is a humane scientist in a powerful position to help.

 
THEIR OCEAN HOME IN DANGER
At his IWC presentation, Dr. James, Baker described specific environmental threats to cetaceans.

Chemical Contamination
Belugas stranded in St. Lawrence, Canada were found to have a rate of small intestinal cancers much higher than that observed in other animals, including people. The belugas had such high concentrations of toxic substances in their bodies that they were disposed of as toxic waste. In recent years contamination in marine core samples has climbed astronomically to present levels of about 400 nanograms of toxins per gram of sediment.

Global Warming and Rising Ocean Temperatures
From the 1950s to the present, greatly increased concentrations of dioxide and methane have been measured in the Earth's atmosphere, causing what is known as the greenhouse effect. The intergovernmental Panel on Climate Change predicts a 1 to 3.5 degree Celsius global temperature increase and a 15 -95 centimeter sea level increase by 2100. Mean ocean temperatures recorded from 1950 to the present show oceanic hot spots spreading around the globe.

Catastrophic Outbreaks of Disease
Approximately 18,000 harbor seals and hundreds of gray seals died as a result of a morbillivirus infection in northwest Europe in 1988. Similar infections killed striped dolphins in the Mediterranean between 1990 and 1992.

Ozone Hole
The ozone hole is now larger than Antarctica the continent it looms above. Cetaceans and their prey are being bombarded with damaging UV-b radiation from the sun. The dramatic increase of chlorofluorocarbons released into the atmosphere between 1997 and 1998 has been linked to the expansion of the ozone hole.

Harmful Algae Blooms (HABs)
Linked to global marine nitrogen contamination, (primarily from agricultural runoff) algae blooms are considered to be an increasingly significant source of marine mammal mortalities.


 

The IWC Meeting in Grenada

Thirty four countries comprising the International Whaling Commission (IWC) met on the tiny Caribbean island of Grenada in late May to vote, debate and grandstand on a wide agenda of resolutions pertaining to whale protection and whale destruction.

Fifty-three years ago at its inception, the IWC had 14 member countries, all active whalers. After the commission allowed the decimation of one species of great whales after another, more and more countries opposed to whaling joined. Some longtime whalers like Australia became the staunchest of whale defenders. This new blood became strong enough to pass a global moratorium on commercial whaling in 1982, to take effect in the 1985-86 season and last indefinitely until a whole new framework is agreed upon.

Meanwhile, whalers have exploited the remaining legal ways to whale: by taking exception to the moratorium (Norway), by calling their whaling scientific research (Japan), and by tucking their whaling under "aboriginal subsistence whaling"--even when no aboriginals are involved, the meat is fed to fur-farm foxes, or sold locally (St. Vincent, Russia and Greenland, respectively.)

Now, the balance has shifted once more. Japan provides economic assistance to seven small island nations (including this year's venue state of Grenada) in exchange for pro-whaling votes within the IWC and CITES (Convention on International Trade in Endangered Species). When Japan and Norway are counted, that adds up to a solid pro-whaling core of nine votes. This is enough to deadlock the IWC into virtual parity between the pro- and anti-whaling forces, with many swing votes in between.

Despite an amazing string of insults, threats and bluster from Japan, when the dust settled on the final day of proceedings, the whalers had little to show for their efforts.

Notably:

  • The motion to allow secret ballots (so Caribbean countries could hide their Japanese-leveraged votes) was defeated.
  • The motion to open up small-scale coastal whaling in Japan was defeated for the twelfth year running.
  • No advance was made on a framework to open up commercial whaling. The Irish proposal failed again to make headway, although it retains a faint pulse. This so-called compromise would drop the commercial moratorium on shore-based whaling within a country's economic zone in exchange for banning "scientific whaling," high seas whaling, and the international sale of whalemeat.
  • The US environmental threats presentation (see article on pages 10 and 11) and the successful drive to win IWC funding to study the problem, put whalers on the defensive to justify yet another level of assault on beleaguered populations.

Makah Kill Gray Whale

A whale was hunted down and killed from the continental United States for the first time in over fifty years on May 17, 1999.

The Makah Indian tribe, tucked into the misty northwest corner of Washington State, exercised their long dormant treaty right to whale by harpooning and shooting a migrating California gray whale.

With four news helicopters hovering overhead and broadcasting the kill live across the country, harpoons towing floats were thrown from a canoe and fifty caliber bullets fired from a motorized support vessel. The three year old female appeared to be acclimated to people, approaching the canoe and even taking care to avoid upsetting it when she was shot repeatedly.

A huge celebration broke out in the native Neah Bay community when the whale was finally towed in and beached. Some people prayed, some sang, some did backflips off the whale into the frigid water. But a mistake was made beaching the whale at low tide. After only about a third of the whale had been cut up and distributed to the tribe – and almost everyone had gone home – the whale started to be reclaimed by the rising tide. Although eventually winched higher on the beach by trucks and cables, most of the whalemeat was allowed to spoil.

The resumption of Makah whaling after over seventy years has been vigorously opposed within the International Whaling Commission (IWC). The Makah and their sponsor, the United States government, claimed they won an aboriginal subsistence quota of five grey whales a year for the tribe at the 1997 IWC meeting in Monaco, even though they did not demonstrate nutritional need as required by that quota. This year's IWC meeting, held just after the Makah kill, appeared to codify the deadly precedent of "cultural" whaling through tacit consent. No charge of infraction or even a comment from the floor was lodged in protest of the Makah killing without IWC permission.

The danger is not only the killing of California gray whales. It is the opening up of yet another loophole for whaling: non-nutritional culturally based whaling. Several tribes along the Canadian British Columbia coast are currently petitioning the Canadian government to allow them to take the lead from the Makah and resume their own ancient whaling.


AWI Quarterly, Summer 1999, Vol. 38, No. 3 | Back to Whales page | Back to Summer 1999 Newsletter