(from "Chairman's Report of the Fifty-Second Annual Meeting")

At the start of the Working Group meeting, Japan had requested the withdrawal of two documents submitted by the UK concerning small cetaceans. The UK declined to do so, adding that it would also like to present a video film referred to in one of the documents relating to a bottlenose dolphin drive hunt that took place in October 1999 in Futo Port. In support of Japan, Norway stated that the document was of insufficient scientific standard. The USA supported the UK, believing that the document discussed matters of clear concern.

The Chairman ruled that the document could be tabled, but not discussed in the Working Group. This would reflect the fact that while the IWC has no competence in regulating killing methods of small cetaceans, it has a role to play as a forum for receiving and exchanging relevant information on such matters. He also ruled that the video film could only be shown outside the meeting room. New Zealand stated its belief that the IWC was competent on the regulation of killing of small cetaceans.

Japan insisted that the documents were outside of the mandate of the Working Group as they dealt with small cetaceans, that they were neither technical nor scientific, and that the video should not be shown in the building. The Chairman's ruling was upheld and Japan left the meeting, stating that the Chairman's decision was against the past practice of the Working Group.

The Working Group adopted a proposal from New Zealand for text to use as its Terms of Reference:

'The Working Group is established to review information and documentation available with a view to advise the Commission on whale killing methods and associated welfare issues'.

8.1.1 Information on improving the humaneness of aboriginal subsistence whaling
Documents were provided in reference to IWC Resolution 1997-1 on improving the humaneness of aboriginal subsistence whaling.

Denmark presented information on the Greenland Action Plan on whale hunting methods. These contained information on recent overhaul programmes and training courses for the maintenance of harpoon cannons, and on earlier seminars and courses designed to improve hunting methods and gears so as to reduce time to death.

The USA presented a report on the 1999 Makah Tribe gray whale subsistence hunt, which resulted in one whale being struck and landed. The necropsy of the whale conducted by the US National Marine Fisheries Service concluded that the four shots fired were likely to have caused instantaneous loss of consciousness with death following after 8 minutes¹.

The USA also provided information on the latest progress of the Weapons Improvement Program on bowhead hunting efficiency and methods in the Alaskan Arctic. A new darting gun barrel has been developed to ensure the penetration of the bomb inside the whale and so achieve instantaneous death. Preliminary data indicate that this new darting gun barrel will also make the hunt safer for the whalers.

¹ Editor's note: After the meeting, the USA noted that the Report of the Working Group on Whale Killing Methods and Associated Welfare Issues, which was the source of this text, could have been clearer in its summary of IWC/52/WKM&AWI 6, a report submitted by the United States on the 1999 Makah subsistence hunt. That document reported that a necropsy indicated the first shot that struck the whale likely 'caused momentary unconsciousness' while the second shot that struck the whale 'likely caused instantaneous loss of consciousness and death due to massive brain trauma'. The document also reported the total time from the initial harpoon strike to the final rifle shot as eight minutes.

8.1.2 Data on whales killed
To meet the request of IWC Resolution 1999-1 encouraging countries to report on numbers of whales killed by various methods, number and proportion killed instantaneously, etc., Denmark gave detailed information regarding the 1999 Greenland hunt of minke whales with statistics on most parameters. Information on time to death was missing however, due to the lack of veterinarians available.

The Russian Federation presented a brief report on the gray and bowhead whale hunt carried out in 1999 by the indigenous people of the Chukotkan Autonomous Region. All whaling is carried out under national inspection. Sweden asked how time to death related to the different weapons used, and expressed concern about the large number of shots needed to kill the whales. Norway commented that the hunt is conducted from very small boats and the gray whales are aggressive, making it dangerous for the hunters to approach too closely to the whales. The rifles and ammunition being used for the hunt appeared to be inadequate based on a Norwegian expert's observations of the hunt and his post-mortem examination of two whale skulls; larger rifles and full-jacketed, round-nosed ammunition would be more effective. The Russian Federation indicated that it would provide the required information next year. It hopes to improve aboriginal whaling in Russia with a greater number of darting guns, new boats with better motors, more fuel and modern equipment.

Norway reported on its 1999 traditional minke whale hunt and provided the required data on whales killed. Two types of penthrite grenades had been used: the 'old' (current) type and a new penthrite grenade developed in Norway over the last three years. The results showed a significant increase in the ratio of instantaneous death from 58%, using the 'old' grenade, to 72% using the new penthrite grenade, and reduced the survival times for animals not killed instantaneously. Sweden expressed its satisfaction with the report.

The USA summarised statistical data on 1999 hunts on gray and bowhead whales. In reference to the Makah hunt, Sweden asked how it was possible to target only migrating whales. USA responded that both area and seasonal restrictions apply to the hunt. In addition scientists fly over the area for migrating whales and advise the tribe on the basis of their observations.

The Working Group Chairman noted that, in view of the absence of Japan, a document on whale killing methods used in JARPA would not be discussed, but simply tabled. Norway expressed its regret that the Japanese document could not be discussed and made a statement regretting that the Working Group could not accommodate the concerns expressed by Japan.

8.1.3 Other matters
The UK presented a document on small cetacean killing methods. It believed that through this Working Group, the IWC could provide help and advice to coastal states on small cetaceans. This led to an exchange of views by several delegations as to the competence or otherwise of the IWC to discuss and manage small cetaceans. No consensus was reached.

8.2 Commission discussions
The USA and Denmark referred to difficulties inherent in gathering information from aboriginal substance hunts for small cetaceans.

Japan commented that it has taken many years to develop its new explosive grenade and that this technology is now appreciated and widely used. It reported that the time to death in the Antarctic has been shorted to 2 minutes. It contrasted this with the much longer time to death in aboriginal subsistence hunts as a result of the older technology used by them. It also commented that not surprisingly, time to death for hunted wild animals are generally 5-10 times longer than times to death in slaughter houses, where the animals are captive and immobile. It noted that times to death in Japanese whaling are shorter than those for wild deer in European and American hunts. Finally, Japan reiterated its view that small cetaceans are outside the scope of the Convention and that it did not think it appropriate that the video of the porpoise drive be shown or the accompanying document tabled since they were emotive and not scientific.

The UK emphasised the great importance it attached to issues related to whale killing and animal welfare and commented that it still had concerns about the Norwegian data on whales not killed instantly. It thought it important that issues of welfare are considered for all cetaceans and hoped that the differences on competence could be put aside to address the cruelty involved in small cetacean hunts around the world. It proposed that a database on small cetacean hunts be established to include information on methods, national legislation, times to death and struck and lost rates. The UK reported that it was also investigating the possibility of establishing a Workshop on Small Cetacean Killing Methods. These two activities would not necessarily be within the IWC.

The Netherlands supported the UK intervention and the proposal for a database on small cetacean hunts. It encouraged the monitoring of hunting information by the Working Group, regretted that a situation arose in this year's Working Group that made it impossible to consider all the information available, and believed that the same criteria should apply in aboriginal subsistence hunts. The Netherlands added that it had been shocked by the video of the Japanese dolphin drive.

Norway also regretted that the Working Group had been unable to accommodate Japan's concerns. It spoke of the progress achieved over the past ten years in improving times to death and the need for cooperation. It pointed out that many of the 30% of minke whales hit by harpoons but recorded as not killed instantly in its hunt are most likely either already dead and only show some movements after death or are unconscious, so this is a minimum figure.

8.3 Action arising
The Commission noted the Report and adopted the proposed Terms of Reference for the Working Group (i.e. 'The Working Group is established to review information and documentation available with a view to advise the Commission on whale killing methods and associated welfare issues').

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