21. INTERNATIONAL OBSERVER SCHEME AND INFRACTIONS

(from "Chairman's Report of the Twenty-Ninth Meeting")



The Technical Committee appointed a sub-committee comprising representatives of Brazil, Iceland, Japan, USSR and USA under the Chairmanship of Mr B. Applebaum (Canada), to consider the reports on infractions submitted by national authorities and the reports of the international observers appointed by the Commission.

The Technical Committee adopted the report of the Infractions sub-committee and drew to the Commission's notice its findings that in relation to the 1976/77 Antarctic season and the 1976 season elsewhere:

(a)
All observers noted almost complete adherence to the provisions of the Schedule and punishment for infractions. Further, all reported that they received excellent co-operation from their hosts, including all necessary explanations.
(b)
The number of infractions as percentages of total catches had decreased as compared with previous years, that there are very few infractions taking place in the whale harvest covered by IWC observers throughout the world, and that appreciation should be expressed of the efforts made by the governments and crews concerned to avoid infractions.

The Commission adopted the following recommendations arising from the Infractions sub-committee report:

(a)
That the hosts of all IWC observers provide them, on arrival to take up their duties, with a document explaining the system of remuneration and the system of penalising for infractions, and that these documents also be provided to the Commission for circulation to Commissioners.
(b)
That Japan and the USA should consider the expansion of the International Observer programme in the North Pacific to include surveillance of minke whales.
(c)
That the Scientific Committee report to the Commission on the advisability and usefulness from the scientific point of view of establishing minimum size limits for minke whales, and, if such limits are considered advisable or useful, to recommend minimum size limits for minke whales in all areas where they are subject to exploitation.
(d)
That Denmark and the USA should consider the introduction of International Observer programmes in Greenland and Alaska with regard to Arctic bowhead whales.
(e)
That the Scientific Committee provide advice on the opinion expressed in the sub-committee that the absence of lactating minke whale infractions is due to the fact that such whales do not appear in the areas where they are subject to capture.
(f)
That member nations provide to the Secretariat information relating to the penalties for infractions for each infraction separately.
(g)
That member nations should seek legal advice as to any problems that might arise from public knowledge of International Observers' reports and that the Commission should be prepared to take a decision on this matter at the 30th Meeting.
(h)
That rules on public statements and publications by International Observers be settled bilaterally pursuant to the bilateral agreements providing for observers.
(i)
That the Secretary be authorised to assign representatives of interested member nations to analyse the minke whale fisheries of the North Atlantic Ocean, and report to the 30th Meeting of the Commission on measures required in order to develop an observer scheme adequate to monitor these fisheries, and that funding of the proposed meeting be agreed by participating governments.
(j)
That the Infractions sub-committee continues to operate as at present but that its terms of reference be more clearly defined in future.
(k)
That the format of Observers' reports should be on the guidelines drawn up by the Secretariat and presented to the meeting.

A number of additional items were considered by the Infractions sub-committee but did not require any action by the Commission.


(a) Possible capture of a blue whale
The International Observer in Iceland in 1976 reported that a whale was caught and processed which in his opinion was a blue whale. The Icelandic representative stated his belief that it was a fin whale. No conclusion could be reached but it was understood that tissue samples had been submitted for examination and Mr Loftsson undertook to inform the Commission for the results when available.


(b) Length of Icelandic minke whale season and inspection of the fishery
The same observer commented that information supplied to him suggested that the Icelandic minke whale season lasted 8-9 months in contravention of the provisions of the Schedule. He suggested, too, that the Icelandic Government be encouraged to provide for national inspection of minke whale operations. The Commissioner for Iceland stated that he had investigated the length of the season and nature of the fishery. 12 permits were issued last year and 15 this year to shrimp boats of 15-30 tons. The boats took whales after the shrimping season, i.e., April-October, giving them a whaling season of six months or even less. His government had recently recruited 7 inspectors for the purpose of observing fisheries including the minke whale fishery. Iceland is willing to co-operate in an observer scheme for minke whales.


(c) International Observer Scheme - Brazil and Australia
The sub-committee noted that the Commission had urged last year that Brazil should join the International Observer Scheme, but that an observer agreement was not yet in operation between Brazil and Australia. Representatives of these countries reported that negotiations were currently in progress in connection with such an agreement.


(d) Soviet Infractions
It was noted that the Soviet authorities took a very strict approach to infractions, recording and penalising as infractions incidents which were not infractions under the Schedule.


(e) Greenland whaling operations
In response to a question about the possibility that a blue whale had been taken in Greenland, the Commissioner for Denmark replied that he had investigated this alleged occurrence and confirmed that it had actually been a fin whale. He noted that the Greenlandic language uses the same term for both species. In response to a question whether humpback calves are taken, unrecorded, in Greenland he regretted not to have basic recording schemes present but undertook to investigate the matter as soon as possible and report to the Secretariat.

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