(from "Chair's Report of the Fifty-Third Annual Meeting")

11.1.2 Review of results from existing permits
The Scientific Committee received a number of documents detailing results from the JARPA and JARPNII programs. Results were considered under relevant agenda items.

11.1.3 Review of new or revised proposals
Much discussion at the 2000 meeting had centred on a proposal for a new programme (JARPN II) that involves taking 100 common minke whales, 50 Bryde's whales and 10 sperm whales each year³⁰. The stated goal was to obtain information to contribute to the conservation and sustainable use of marine living resources in the western North Pacific. It includes sub-projects on: feeding ecology; stock structure; and environmental effects on cetaceans and the marine ecosystem. There had been considerable disagreement within the Committee over most aspects of this research programme, including objectives, methodology, sample sizes, likelihood of success, effect on stocks and the amount and quality of data that could be obtained using non-lethal research techniques. This year, the Committee received preliminary results from the first year of the programme and again there was considerable disagreement over the value of the programme.

The Committee also briefly considered the continuing programme on Antarctic minke whales that was last extensively reviewed in 1997³¹. Discussions on how best to assess the effects of scientific permit catches on stocks are continuing.

Recognising that scientific benefits are only one of several criteria given by the Commission to evaluate proposals, the Scientific Committee has established an intersessional steering group to: generate a list of approaches potentially useful for quantifying the scientific benefit of research catches and the features of a proposal needed for such analyses.

³⁰ See J. Cet. Res. Manage. 3 (Suppl): 61-5.
³¹ See Rep. int. Whal. Commn 48: 95-105.

11.1 Commission discussions
SCIENTIFIC COMMITTEE REPORT
There were no comments on the report from the Scientific Committee.

JARPN II - PRESENTATION BY JAPAN
Japan reported the results from the first year of its two-year (2000/2001) feasibility study - JARPN II under special permit. It reminded the Commission that JARRPN II had 3 main objectives: (1) to study the feeding ecology and ecosystem of common minke, Bryde's and sperm whales by investigating prey consumption, prey preference and by ecosystem modelling using these data; (2) to study the stock structure of these whale species; and (3) to study environmental effects, particularly pollution, on cetaceans. Japan drew attention to possible competition between the three whale species and commercial fisheries. In summarising the 2000 data, it noted that: (1) the first attempt at prey consumption/prey preference had been completed successfully, although some adjustments were required: (2) that interesting but preliminary results had been obtained from the ecosystem modelling work; and (3) that work on stock structure and environmental effects is continuing.

LEGAL ASPECTS
Japan introduced two documents it had submitted to the Commission refuting Australia's comment at the 52^nd Annual Meeting that recent developments in international law raised the possibility that Japan might not be acting within its legal rights when issuing scientific permits. Japan noted the assertion that the issuance of special permits would constitute an abuse of rights if the following two criteria applied: (1) that the research programme made no significant scientific contribution; and (2) that the work was implemented for commercial rather than scientific reasons. It considered that these two criteria are not satisfied, that there was no basis for any allegation of abuse of rights, and that its research programme is fully consistent with the requirements of Article VIII of the Convention.

In response, Australia noted that Japan had just demonstrated its own remark last year, i.e. that it is possible to get different legal opinions. Australia reported that the legal opinion to which it referred last year has since been published in an internationally peer-reviewed journal - the Asia/Pacific Journal of Environmental Law, and suggested that Japan might wish to consider submitting its own documents to similar scrutiny.

11.3 Action arising
The Commission noted the report from the Scientific Committee and accepted its recommendations.

RESOLUTION ON SCIENTIFIC WHALING
Ireland recalled that at the Annual Meeting in Monaco in 1997, it had put forward a package of proposals that included the phasing-out of scientific research whaling, but that until now, it had not put forward any further concrete proposals on this particular issue. While recognising the rights of Parties under the Convention to issue Special Permits, the draft Resolution (co-sponsored by Spain, South Africa, Switzerland and Oman) proposed that a voluntary code of practice be adopted under which countries would agree to only issue such permits under certain defined circumstances. Ireland indicated that the purpose of submitting the Resolution was to stimulate discussion, but that since insufficient time was available to do this at this meeting, it would withdraw the Resolution but return to it IWC/54. It added that it had already had useful discussions with some countries outside the meeting, and that it would welcome the opportunity to develop its ideas further.

RESOLUTION ON SOUTHERN HEMISPHERE MINKE WHALES AND SPECIAL PERMIT WHALING
Due to time constraints, the Chair ruled that the Resolution on Southern Hemisphere Minke Whales and Special Permit Whaling, sponsored by New Zealand, Australia, Austria, Brazil, Germany, Mexico, UK, and Argentina proceed directly to a vote, noting that it was similar to others adopted in the past. The Resolution received 21 votes in favour, 14 against, with 1 abstention and was therefore adopted (Resolution 2001-7, Annex C). Iceland noted that it did not support the Resolution.

In brief, the Resolution: (1) commends the Scientific Committee's proposal to complete its review of minke whale abundance in the Southern Hemisphere; (2) endorses the Scientific Committee's proposal to present revised abundance estimates and trends on Southern Hemisphere minke whales at its 2003 meeting; (3) requests the Scientific Committee to provide to the Commission at IWC/54, (a) a list of plausible hypotheses that explain the apparent population decline, and (b) the possible implications of such a decline for the management of minke whales in the Southern Hemisphere, and for ecologically-related species (in particular other cetaceans), and the state of the Antarctic marine ecosystem; and (3) strongly urges the Government of Japan to halt the lethal take of minke whales conducted under the JARPA programme, at least until the Scientific Committee has reported to the Commission on the impacts of this programme on stocks of minke whales in Areas IV and V.

RESOLUTION ON EXPANSION OF JARPN II WHALING IN THE NORTH PACIFIC
Again due to time constraints, the Chair ruled that the Resolution on the Expansion of JARPN II Whaling in the North Pacific proceed directly to a vote. It received 20 votes in favour, 14 against, with 2 abstentions and was therefore adopted (Resolution 2001-8, Annex C). Iceland noted that it did not support the Resolution.

The Resolution: (1) affirms that data gathered under JARPN II on interactions between whales and prey species are not sufficient to justify the killing of minke, Bryde's and sperm whales for research purposes; (2) proposes that any information needed on stock structure can and should be obtained using non-lethal means; and (3) strongly urges the Government of Japan to refrain from issuing any special scientific permit for whaling under JARPN II, but that if it does so, strongly urges that it not be issued until the end of July 2002, to give the Government of Japan adequate time to take into account the views of the Scientific Committee and the Commission.

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