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Updates
from the 57th meeting of the International Whaling Commission
(IWC) held in Ulsan, South Korea
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Day One (June 20, 2005) |
Susan Tomiak and Tom Garrett are attending the 57th meeting of
the International Whaling Commission (IWC) meeting in Ulsan,
South Korea. The rumors ahead of the opening day revolved
around whether the pro-whaling nations would have sufficient
votes to have a simple majority at the start of the meeting
making the tension palpable. At IWC meetings, everything
depends on whether countries will show up, whether they will
pay their dues, and whether they have filed the necessary
paperwork to get accredited.
Opening day started with a
welcome from the hosts, South Korea, followed by opening
statements from new member countries including Kiribati, the
Czech and Slovak Republics and Luxemburg. The crucial report
on voting rights from the IWC Secretariat then followed. It
transpired that Belize, Costa Rica, The Gambia, Kenya, Nauru,
Peru and Togo all had their voting rights suspended due to
inadequate credentials. Mali and India were no-shows. This led
the anti-whaling nations to breathe a small sigh of relief.
A discussion over the
striking from the agenda of certain items then ensued prompted
by Japan who proposed, as usual that the following agenda
items be struck: Whale Killing Methods and Associated Issues,
Sanctuaries, Small Cetaceans, Whale watching, and the
Conservation Committee. After considerable back and forth and
a vote to decide the validity of the striking of Sanctuaries
which Japan lost, the issue finally went to a vote, thus
giving observers the first indication of the state of play.
The result - a vote against Japan, gave the anti-whaling
nations more reason to feel hopeful. The same followed for a
vote on secret ballots - a contentious issue because of the
alleged vote buying by Japan that is prevalent nowadays at IWC
meetings.
Thus the first critical
issues were decided in favor of the anti-whaling nations. Yet
the sighs of relief might not last - there is still time for
unaccredited countries to participate and to have a vote.
Rumors are rife that more pro-whaling nations are on their
way.
The rest of the day passed
according to the agenda with a discussion of the status of
different world whale populations, termed 'stocks' by IWC.
Considerable attention was given once again to the Western
Gray Whale population and its precarious hold on survival
against huge odds, worsened by the threat from oil and gas
exploration and extraction as reported in our AWI Quarterly
Summer 2004 Volume 53 Number 3.
The final agenda item of the
day was Whale Killing Methods and Associated Welfare Issues
with a summary of the recent working group meeting. Japan made
it clear that while it believes that whale killing methods has
no place in IWC, it participates and provides data on a purely
voluntary basis. The outcome of the working group was a call
from the UK for the creation of another working group or
workshop on the subject of whale killing methods to meet
before or at next year's IWC meeting. The USA welcomed such
workshop and also urged that a session be devoted to
aboriginal subsistence whalers including those from the USA,
the Russian Federation and St. Vincent and the Grenadines to
discuss whale killing methods and in particular time to death.
This proposal was supported by several countries including
Sweden, and Switzerland.
The meeting adjourned and was
followed by a reception hosted by the government of Korea. |
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Day Two (June 21,
2005) |
The day opened with an attempt to return to left over items from
the previous day. Almost immediately an intervention was
announced by St. Lucia who called for a private commissioner’s
meeting. A long debate ensued with countries demanding to
know the subject of the private commissioner’s meeting and calls
for transparency by Australia and a request that the Chair deny
St. Lucia’s request. The Chair disagreed and eventually the
argument came to a head with a vote. Several countries,
including the United States abstained and the vote on the Chair’s
denial was successful. The United States explained that
while the subject of the private commissioner’s meeting should
have been disclosed, it had abstained because it believed in the
rules of the Commission and that any country had a right to call
for a private commissioner’s meeting. Thus the proceedings
were halted for about an hour and a half. We surmise that
this was purely a delaying tactic by the pro-whalers to give those
pro-whaling countries that had not yet arrived, a chance to show
up.The meeting resumed
with a presentation by the secretariat on the RMP or the Revised
Management Program, the means by which catch limits are set.
The RMS was the next item on the agenda and the outcome of the RMS working group
was summarized by the chair. Then a debate over the RMS ensued with the
pro-whaling countries saying that completion of the RMS was well overdue and
that the anti-whaling countries had been deliberately stalling. Finally Japan
introduced the much awaited schedule amendment, its version of an RMS which if
successful would have lifted the ban on commercial whaling, allowed uncontrolled
whaling of all species, eliminated the existing sanctuaries. Schedule
amendments require a ¾ majority to succeed. After lengthy debate the proposal
was put to a vote and failed. Denmark then announced that it wanted to keep the
RMS agenda item open as it planned to put a resolution on the RMS.
Finally the Commission considered a proposal by the UK for a workshop to be held
at the next IWC meeting, on whale killing methods and associated welfare
issues. Japan and a number of other pro-whaling countries stated that the
welfare issue is outside the remit of the IWC but stated that it was willing to
participate on a voluntary basis only.
Norway stated that since one of the proposed agenda items of the welfare
workshop was the use of data from other mammals, then the workshop should ask
Australia to provide data on the 60,000 camels that it is proposing to kill by
shooting them from a moving platform. This caused quite a stir with St. Kitts
and Nevis actually calling upon the NGOs in the room to pay attention and
condemn Australia for this inhumane killing. Australia did not directly rebut
this but countered by stating that they were waiting for Norway to provide the
data that might explain why the whale that had been filmed by WSPA/EIA took 14
minutes to die. There was also some debate about taking into account the
economic limitations of aboriginal subsistence whalers. After quite a back and
forth, the US proposed text to settle the issue. The proposed text stated that
the economic needs of aboriginal subsistence whalers should be taken into
account.
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Day Three (June 22, 2005) |
India, an anti-whaling nation, has finally sent a delegate - but his paperwork
is not in order, so he cannot vote. A delegate from Palau, a pro-whaling
nation, has also arrived, with paperwork in order, so he can vote. This is not
good news.The meeting opened with a
summary of the report of the aboriginal subsistence whaling committee. There
was a significant debate about the West Greenland whaling operations and the
lack of data provided by Denmark. The Scientific Committee expressed extreme
concern that because of the lack of data on population identity and abundance,
it was unable to provide satisfactory management advice. The Home Rule
Government of Greenland, through the Danish Delegation, voluntarily agreed to
reduce its quota of fin whales from 19 to 10 animals, and informed the
Commission it had requested funding from parliament for research, and planned to
initiate a survey in 2006.
The delegate from Dominica
said the country wants to return to native Carib aboriginal whaling. This could
be just posturing, but is certainly worrisome. Brazil provided a statement
regarding the rights of its local people living in coastal communities, and
stated they should be recognized by the Commission on an equal basis as
aboriginal whalers, since they had the right to enjoy the natural resources
within their Exclusive Economic Zone, including the use of whales for watching
rather than killing.
After the break, the topic turned to scientific permits, which is a legal way
for parties to whale, and also how Japan and Iceland get around the moratorium.
The whales killed in the name of "research" end up in supermarkets and
restaurants -- and now schools in Japan as well. In the 31 years prior to the
moratorium, Japan killed just 840 whales, the number of minke whales it now
plans on taking in one year, in addition to 50 each of the endangered fin and
humpback.
The delegate from Japan
opened up the session by providing a presentation on its ongoing JARPNII
(Japanese Research Programme in the North Pacific) program, followed by the
highly emotive proposal for JARPAII (Japanese Research Programme in the
Antarctic), which involves doubling the killing of minke whales, and the
additional killing of fin and humpback, as stated above.
A heated debate followed
with delegates from anti-whaling countries, especially New Zealand, crying foul
and delegates from the pro-whaling countries applauding. Notably, the chair of
the scientific committee summarized the outcome of the scientific committee's
discussion on the JARPAII program, which largely questioned the validity of the
"research." A June 16th article in Nature, a well-known publication, was also
mentioned because it slammed the scientific validity of the JARPAII proposal.
The afternoon session
commenced with the United States delegate's proposal for the country to host the
2007 meeting in Anchorage, Alaska. 2007 is the year the bowhead whale quota for
aboriginal subsistence whalers is due to be set. Further discussion on the
JARPAII program followed, with the delegate from Australia ultimately
introducing a resolution urging Japan to withdraw its JARPAII proposal. A vote
on the issue saw the resolution pass -- which is only a small victory, since
Japan can and will ignore the resolution, and the IWC cannot enforce it.
The next agenda item was
sanctuaries with a proposal by delegates from Argentina, Brazil and South Africa
for a South Atlantic Sanctuary. This was a schedule amendment requiring a 3/4
majority to succeed. Upon a vote, the resolution failed. Japan's delegate then
introduced a resolution to remove the existing Southern Ocean Sanctuary, which
also required a 3/4 majority, and also failed.
Finally, the Commission
discussed environmental matters, with a summary of those aspects of the
scientific report provided by that committee's chair. Items covered included
the relationship between sea ice and cetaceans, habitat degradation, Arctic
issues and anthropogenic noise. The United States delegate stated that with
regard to ocean noise and in particular sonar, the decision to share information
should be left up to individual governments, due to issues of national security.
The day ended with the
appearance of the dreaded RMS resolution by what has come to be known as the
"Nordic bloc". The resolution calls for the Secretariat to prepare an RMS
document based on the chair's proposal from last year, including work completed
between sessions; to continue to work between sessions to discuss certain
elements relating to scientific whaling, lifting of the moratorium and
compliance; to consider involving ministerial or other high-level intervention
to resolve certain issues; and to progress with finalizing a draft for
consideration and possible adoption at next year's meeting. The resolution
should be introduced tomorrow, and it is sponsored by Denmark, Finland, Sweden,
Korea, The Netherlands, Oman and Switzerland.
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Day Four (June
23, 2005) |
The meeting opened early as a full agenda lay ahead. Agenda Item
9, small type coastal whaling was first discussed. Japan supported
a proposal for a schedule amendment to allow for coastal whaling
with a presentation from the vice-mayor of Shimonoseki on the
traditions of whaling by coastal villages. The proposal which has
been introduced in one form or another for many years called for a
quota of 150 minke whales annually for four coastal villages,
including Taiji where the notorious drive fisheries take place. A
lively discussion followed with Brazil reiterating comments from
yesterday that other coastal communities also have rights to the
non-lethal use of its cetaceans. The pro-whaling nations gave
arguments in support of Japan’s proposal, stressing the cultural
tradition and hardships endured by the locals since the moratorium
came into effect. Arguments given by the anti-whaling nations
included a question from Monaco as to why, if the communities are
so impoverished, they aren’t given the meat from the extensive
scientific whaling that already takes place in Japan. Other
arguments included statements that such whaling would be
commercial rather than subsistence. The proposal went to a vote
which required a 3/4s majority to pass. Even a simple majority was
not achieved, with notable abstentions by China and Denmark. The
US opposed the proposal, but did say that it would be open to
discussing the issue with Japan in the future.
After the break, Korea introduced a
resolution “Facilitating closer cooperation among the range states
to expedite the sighting survey on the minke whales off the Korean
Peninsula.” The resolution was introduced in response to concern
over the lack of information on the common minke whales that
migrate off Korea, Russia, China and Japan and in recognition of a
scheduled in-depth assessment by the IWC Scientific Committee of
these animals. The resolution mentioned a workshop to be held in
2006 for range states to discuss non-lethal research, requested
range states to conduct non-lethal surveys, and recommended
collaboration between scientists form the different range states.
After a small text change suggestion from Monaco to include
collaboration with the IWC Scientific Committee, the resolution
passed by consensus.
The next resolution also passed
by consensus. It pertained to the western gray whale population
off Sakhalin Island in the Russian Federation. The resolution:
called upon range states to take practical measures to avoid all
anthropogenic mortality, and to develop and implement strategies
to prevent accidental deaths; called on all organisations
concerned with oil and gas projects to take all practicable
measures to ensure that received noise levels in the Piltun
feeding ground are reduced to a minimum and are in accordance with
any future recommendations of the IWC Scientific Committee;
supported a proposal for a comprehensive strategy to save western
gray whales and their habitat; called on all organisations, range
states, authorities, scientists and other stakeholders concerned
with developments in the waters around Sakhalin Island to support
the efforts to develop a framework for collaborative research,
monitoring and mitigation efforts between oil companies,
independent experts, national programmes and authorities and the
IWC and other intergovernmental organisations, and that they share
all relevant data collected; and requested the Secretariat
continue to offer its services and scientific expertise to
appropriate collaborative efforts to develop a comprehensive
strategy and ensure continued effective monitoring of the
population. AWI has followed this issue closely and is pleased
that the IWC is giving the threat to the plight of these whales
the significant attention they deserve. Dr. Justin Cooke of the
World Conservation Union gave a report on the resolution welcoming
its introduction and also calling on Exxon to share its research
data on the whales with others. The Russian Federation stated that
British Petroleum also has interests in the Sakhalin area and
urged the UK to work with BP to reduce the impacts to the western
gray whales from its operations.
The next agenda item was whale
watching with a report from the chair of the Scientific Committee
on its report. The report contained information on whale watching
activities and also swim-with programs across the world. Several
nations spoke out in favor of whale watching as a preferable use
of cetaceans than whaling. Japan and some other countries stated
that whale watching is outside the remit of the IWC. Iceland said
that whale watching can successfully coexist with whaling and also
noted that minke whales are not good candidates for whale
watching. Australia rebuffed this by suggesting that whilst
perhaps the cold waters around Iceland were not conducive to minke
whale watching, Australia was a great place to watch them.
The meeting was adjourned; with
no doubt a nervous lunch for many delegates and observers as next
on the agenda is the resolution on the RMS.
The meeting reconvened with
Denmark asking for a deferral on the RMS resolution. The chair
obliged and the item has been rescheduled for first thing
tomorrow.
The rest of the afternoon passed
with reports from other bodies, a report from the Secretariat on
its attendance at a regional fisheries meeting, a further report
from the Secretariat on the progress made pertaining to a
resolution on possible synergies with the global environment
facility. A final report from the chair of the scientific
committee on its report followed. This included a report on small
cetaceans, including a report on the progress relating to the
Irrawaddy dolphin and also a report that Mexico is declaring the
highest vaquita concentration area as a refuge. The UK welcomed
the report and mentioned the problem with the large number of
Dall's porpoises that are killed in Japan. New Zealand and Germany
concurred. Japan responded by saying that small cetaceans,
including Dall's porpoises are outside the competence of the IWC.
Japan also repeatedly stressed that the IWC should not be devoting
so much time to items outside of its competence and that it should
be focusing on items within its remit, such as the RMP.
The chair of the Scientific
Committee continued with a report on stock definition and reviewed
the priorities for the scientific committee for the coming year.
This included the convening of a workshop on seismic noise to be
held next year. Austria welcomed the scientific report and asked
if it could propose that the Scientific Committee address the
issue of entanglement and suggested a workshop or symposium on the
subject. A debate ensured about the validity of this with Japan
and others reiterating that such matters were outside the remit of
the IWC. Finally the chair of the Scientific Committee stated that
this issue could be discussed at next year's Scientific Committee
meeting.
Notably during this discussion,
the US stated that it wanted a note in the record that certain
literature that had been quoted in the environmental section of
the Scientific Committee report and especially the SOCER, or State
of the Cetacean Environment Report section had been deemed
inappropriate during the committee deliberations. The US stated
that acceptable literature should include peer-reviewed papers and
corroborated government reports. This so-called 'gray' literature
includes newspaper articles and specific reference was made to a
Washington DC newspaper, which we assume is a reference to noise
articles in the Washington Post. Austria spoke up by saying that
the SOCER was a non-scientific review of all relevant available
literature and as such, it did not have to be peer-reviewed and if
it had to be then a good deal of valuable literature would be
lost. It did concede that newspaper articles could be omitted.
Finally the Scientific Committee
report was adopted.
During the discussion an
additional resolution on the RMS was issued. This one was a
counter to the Nordic resolution. Both will be discussed tomorrow.
The Commission then discussed the
report of the Conservation Committee. There continues to be
disagreement over the establishment and terms of reference for
this committee, with Iceland being one of the loudest voices
against it. However, the Commission agreed to two of its
recommendations: one to develop a research programme to address
the issue of inedible ‘stinky’ gray whales caught by Russian
Federation Chukotkan aboriginal subsistence hunters and the other
to make progress on the issue of whales being killed or seriously
injured by ship strikes.
Finally the Commission received
the report of its Infractions sub-committee. This sub-committee
receives reports from Governments concerning any breaches of
whaling regulations discovered. Infractions were reported by
several countries including the US regarding the killing of a
suspected nursing infant bowhead by aboriginal subsistence
whalers. The matter was referred to the Scientific Committee to
determine the issue. |
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Day Five (June
24, 2005) - Final Day |
The rumor is that all the sponsors of the first RMS resolution
have pulled out, and that Denmark is the only country still
sponsoring it. Unfortunately, the Japanese bloc is supporting it,
and a few delegations, including Monaco, have left already.
The meeting re-opened with the first
resolution on the RMS. Denmark's delegate introduced the
resolution, saying that only Denmark and Korea were left on the
resolution. The Danish commissioner stated Denmark wants a strong
RMS, and wants to capitalize on the progress made by the SDG. He
talked about the areas where there are problems, including
scientific permitting, the lifting of the moratorium and
compliance.
The resolution proposed one
meeting between sessions, and one at next meeting to discuss the
outstanding issues. He stated that the process is to try and break
the deadlock – so the document was being introduced as a
compromise. Denmark's delegate said he was not open to changes to
the resolution through amendments. He called for support as
stating that the number of whales that are killed legally each
year are increasing so those in favor of this position should vote
for it.
The Netherlands' delegate
explained that while the resolution was good, the country had
withdrawn because there was not a broad consensus on the
resolution, so he did not think it was useful to sponsor, and
stated the Netherlands would support the other resolution. Sweden,
Finland and Switzerland concurred. The United States delegate said
it supports the development of a robust but practical RMS, but
that the country didn’t like the language, and therefore will be
supporting the second resolution. The debate continued until
Denmark called for a vote. The vote resulted in only two votes in
favor of the resolution, 26 against and 27 abstentions, and the
proposed resolution failed.
Ireland's delegate then
introduced the second RMS resolution as a neutral document to move
the process forward. The Irish commissioner addressed the
francophone countries in French, urging them to accept this
compromise to move the process forward. Germany and South Africa
concurred.
Japan's delegate agreed the
resolution was neutral, but said he was concerned it is just a
repetition of the last 10 years, and that Japan would abstain.
Debate continued with Mauritania charging that the anti-whaling
countries claiming to support the completion of the RMS were being
disingenuous. The chair finally asked the Commission if they could
accept a consensus, which, because of an objection by Dominica and
supported by Mauritania, they could not. The issue went to a vote
with 28 abstentions, 25 yes votes and 3 no votes. The resolution
passed. Notably, the Japanese bloc on the whole abstained, as did
Australia, which does not want any RMS.
After the vote, Japan's delegate
expressed the country's concern that the resolution may not be
moving the issue further than the progress made in Sorrento. Japan
also stated that their RMS proposal was not closed and invited
other countries to discuss the issue with them at the
intercessional meeting. The Japanese delegate also said that the
Japanese delegation would receive a great deal of domestic
pressure because of the outcome of the Ulsan meeting, because of
the lack of progress made on RMS. With that, the matter was
closed.
With reference to the compliance
issues, Argentina suggested that an email group be created to
discuss terms of reference between sessions. After some amendment
by Japan, this suggestion was approved by consensus.
After the break, the Commission reconvened to the
financial and administrative agenda items -- namely, administrative matters, the
formula for calculating contributions, financial statements and budgets and
adoption of the report of the finance and administration committee. Controversial items debated included the frequency
of meetings; the possibility of providing documents in French and Spanish;
calculating the contributions of member states (including a link between
calculating the contributions now and recalculating them when an RMS is passed.
The RMS will impose significant financial burdens, upon which member countries
has yet to be determined); and determining the definition of very small
countries with regard to financial contributions. With regard to NGO fees for
2006 to 2007, an NGO fee of $610 and a media fee of $40 was approved.
NGO participation was next item
discussed, including the NGO code of conduct drafted by a working
group and convened by Iceland. The group was divided over its
terms of reference so Iceland had sought direction from the
Finance and Administration committee who recommended the group
proceed to develop a code of conduct. No work has been completed
on this issue.
The afternoon started with a
presentation by St. Kitts and Nevis on the venue for IWC58 to be
held there. Finally the schedule for next year’s meeting was
discussed, followed by the confirmation of the 2007 meeting in
Anchorage, Alaska. |
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