Suggestions on the future of the International Whaling Commission: details of the Hogarth-De Soto proposal for Japanese whaling

Is Japan beginning to win its war of attrition against the anti-whaling nations?

The International Whaling Commission (IWC) has released its Chairs’ Suggestions on the Future of the International Whaling Commission found in the Report on the Small Working Group (SWG) on the Future of the International Whaling Commission, 2 February 2009.

Element 6: JAPANESE SMALL TYPE COASTAL WHALING
An interim quota for "O" stock common minke whales in Japanese coastal waters for a five year period would be implemented, having regard to the unique circumstances that exist for four Japanese coastal communities. This whaling would be managed, consistent with the advice of the Scientific Committee, under a Schedule amendment that would last for 5 years. The Scientific
Committee would provide interim advice concerning the total removals of O and J stock common minke whales. The advice would be provided under the following two scenarios: a) constant catches for 5 years and 0 thereafter, b) constant catches for 5 years with the same level of catches thereafter.

Any direct take of J-stock animals must be identified and included with J-stock animals taken as bycatch in commercial fisheries, and managed according to the recommendations of the Scientific Committee. No more than a total of five vessels from Taiji, Abashiri, Ayukawa and Wada would be used, all trips must be day trips, and monitoring, control and enforcement methods must be identified and implemented. All meat would be locally consumed. In accordance with the Schedule, annual reports would be submitted to the IWC for each year’s hunt identifying the number of whales taken, the position of capture, the species taken and locations where whales are landed. Arrangements would be made for the Secretariat to verify the composition of total removals regarding J- and O- stock animals.

Element 23: RESEARCH UNDER SPECIAL PERMIT
This issue was one of the most contentious discussed by the Small Working Group. Many countries remained opposed to whaling under special permit. Various approaches have been suggested, including elimination, bringing it under the control of IWC and using a Code of Conduct. However, in the spirit of trying to reach a consensus on measures to improve the performance of the IWC, a significant reduction in the number of whales taken under special permit during the interim period is proposed; during that period the issue will be addressed further with a view to seeking a long-term arrangement. Such a proposal should in no way be interpreted as meaning that countries who are opposed to special permit whaling are thereby endorsing it; they might prefer to view it as a step in the process of reducing the number of whales taken while negotiations continue on the future of the IWC.

Based on discussions, the following options are proposed:

Option 1:
(1) For the next five years, a phase-out of special permit whaling of Antarctic minke whales in the Southern Ocean would occur, where takes of minke whales in the Southern Ocean would be reduced by 20% in the first year and each year thereafter to reach zero by year 5.
(2) No takes of humpback or fin whales in the Southern Ocean.
(3) All removal levels would be reviewed by the Scientific Committee and consistent with its recommendations.

Or,

Option 2:
(1) for the next five years, an annual limit of x Antarctic common minke whales and y fin whales is established in the Southern Ocean associated with JARPA II research, pending interim advice from the Scientific Committee regarding the sustainability of these removal levels.
(2) It is anticipated, pending advice from the Scientific Committee on sustainability, that in the western North Pacific as part of JARPN II research, ww O-stock common minke whales, xx sei whales, yy Brydes and zz sperm whales will be harvested annually.
Concerning the conduct of research under special permit, the Commission adopted a new approach (Annex P) at the Santiago meeting. The Scientific Committee will continue to use this approach for the review of existing and new research programmes. Member nations will take account of recommendations from the Scientific Committee regarding the experimental design.

During the 5-year interim period the Commission will address all issues pertaining to Article VIII. Of special importance are the issues of where special permit whaling would be allowed (i.e. whether special permit whaling should be allowed in designated sanctuaries), the long term purpose or need for special permit whaling, and monitoring and compliance protocols.

Element 27: SANCTUARIES
A South Atlantic Sanctuary should be established for an initial period of five years. The boundary for this sanctuary would take into account the interests of coastal range states. A ¾’s majority vote of the IWC would be required to extend this designation beyond the interim period.