Chairman's Report of the Special Meeting,
Tokyo, December 1978

(from "REP. INT. WHAL. COMMN 30, 1980")


1. DATE AND PLACE

The Special Meeting was held by kind invitation of the Government of Japan at the Ministry of Foreign Affairs, Tokyo on 19 and 20 December 1978. The proceedings were conducted by the Chairman of the Commission, Mr T. Asgeirsson (Iceland).


2. PURPOSE

The Special Meeting had been called for two main reasons. The first was to set catch quotas for North Pacific sperm whale stocks for the 1979 season, this decision having been deferred from the Commission's 30th Annual Meeting in June 1978 in order to enable the Scientific Committee to hold a special meeting to review the assessments on these stocks and also the Southern Hemisphere sperm whale stocks. That meeting took place 27 November - 8 December in La Jolla, California.

The second reason for the Special Meeting was to enable the Commission to review its finances, approve, if necessary supplementary estimates for the current financial year and consider funding for a 'transition quarter' in order to move the beginning of the financial year from 1 June to 1 September.

A number of member countries took the opportunity created by the holding of the Special Meeting to discuss other items as reported below.


3. REPRESENTATION

Commissioners and delegates attended from 15 of the 17 member governments, Brazil and Panama being absent.
Observers were present from the Governments of:

Chile
German Federal Republic
Indonesia
Korea, Republic of
Peru
Portugal
Spain
Sweden

and the following international organizations:

Convention for International Trade in Endangered Species of Wild Fauna and Flora
United Nations Environment Programme
International Union for the Conservation of Nature and Natural Resources
African Wildlife Leadership Foundation
Center for Environmental Education
Fauna Preservation Society
Friends of the Earth
Greenpeace
International Transport Workers' Federation
Marine Action Centre
People's Trust for Endangered Species
Whale Centers International
World Wildlife Fund


4. ADDRESS OF WELCOME

An address of welcome on behalf of the Japanese Government was given by Mr Kataoka, Parliamentary Vice-Minister for Agriculture, Forestry and Fishery. Mr Kataoka was speaking for His Excellency Michio Watanabe, the Minister, who was unable to be present. In the address the Minister drew attention to the achievement of the IWC in introducing the new management procedure in 1975 and expressed the hope that it would continue to try to achieve its objectives of conservation and rational utilisation of whales in a fair manner based on scientific evidence.

The Japanese whaling industry had made heavy sacrifices in order to implement recent decisions of the Commission and thus realise its objectives.

The Minister expressed regret that the Scientific Committee could not reach a unanimous conclusion on North Pacific sperm whales and indicated the serious implications of any decision that might be taken for Japan's coastal whaling which comprises very small-scale enterprises.


5. STATEMENTS BY COMMISSIONERS AND OBSERVERS

Commissioners and Observers had been requested to make written rather than oral statements and these were collected and distributed during the course of the meeting.


6. ADOPTION OF AGENDA

The provisional annotated agenda, circulated sixty days in advance of the meeting in accordance with the Rules of Procedure, was adopted with a minor addition.


7. APPOINTMENT OF COMMITTEES

The Chairman polled Commissioners to determine membership of the Technical Committee. All member nations present elected to be represented and the proceedings of the Committee were conducted by its chairman, Mr M. C. Mercer (Canada).

In accordance with Rule XVII of the Rules of Procedure, the Chairman nominated five Commissioners to the Finance and Administration Committee: Japan, South Africa, USSR, UK, USA. This Committee was chaired by Dr W. Aron (USA).


8. NORTH PACIFIC SPERM WHALES

Classification and catch limits for the 1979 season.
The Chairman of the Scientific Committee presented the report of the meeting held 27 November - 8 December in La Jolla, California. The Scientific Committee had carried out detailed studies of past and new data, including biological parameters and catch effort modifiers, and had developed analyses using three main mathematical models.

Although the results suggest that both sexes in the two management stocks recognized in June, 1978 should be classified as SMS or IMS under the present management procedure, the Scientific Committee pointed out a number of inconsistencies between the computer model estimates for the Eastern and Western Divisions, the North Pacific and Southern Hemisphere, and the pregnancy rate predictions and observations.

Since reduced pregnancy rates would lead to a fall in recruitment in the future, the most conservative policy would be to protect the female stocks and ensure that males are harvested below their replacement yield. However, no reliable estimates of the replacement yield are available. Most members of the Scientific Committee, therefore, recommended a conservative quota for males no higher than in 1978, and a zero quota for females.

Japan pointed out that the boundary between the Eastern and Western Divisions had been moved since the last catch limits were set; that the figures presented in Annex F of the Scientific Committee Report indicated that the female stock ranged from 106 to 129% of the estimated MSY levels, and that there are practical difficulties in identifying females in the mixed groups of sperm whales found in mid-latitudinal waters.

After considerable discussion and a number of votes on various proposals and amendments, the Technical Committee agreed by separate majorities to recommend zero quotas for females in the Eastern and Western Divisions, and a total catch of 4,000 males subdivided on the basis of relative areas and densities in the proportion 29% Eastern Division and 71% Western Division. The total catch would have a footnote reading 'included within this figure, there may be a by-catch of females not to exceed 15% in the coastal whaling operations and 10% in the pelagic operations.'

It was understood by the Committee that all whaling would cease when the by-catch allowance had been taken.

Since the Scientific Committee had made no specific recommendations on classifications, the Technical Committee agreed to recommend that males and females in both Divisions should be 'provisionally listed as SMS for 1979'.

The Commission adopted by 12 votes to 3 the Technical Committee recommendation, seconded by the Netherlands and Denmark, to classify females in both Divisions as 'provisionally listed as SMS for 1979' with zero catch limits.

The Technical Committee recommendation for the classification of male sperm whales, seconded by Norway, as 'provisionally listed as SMS for 1979' was agreed by the Commission, but the total catch figure of 4,000 whales apportioned by the agreed percentages between the two Divisions and with the by-catch provision was defeated by 6 votes to 7, with 2 abstentions.

A total catch of 3,500 males apportioned between the two Divisions, proposed by the USA and seconded by New Zealand was also rejected by 4 votes to 7, with 4 abstentions.

The Commission then adopted by 8 votes to 2 with 5 abstentions the following proposal put forward by South Africa, seconded by Norway:

   Males
Western Division  2,698
Eastern Division  1,102
Total:  3,800*

* Included within this figure there may be a by-catch of females not to exceed 11.5% and all whaling operations are to cease when the by-catch level is reached.

The resulting Schedule amendments are shown in Appendix A.


9. SOUTHERN HEMISPHERE SPERM WHALES

Review of classifications and catch limits
The Scientific Committee had had time to consider at its meeting in La Jolla only the assessments of Divisions 5, 7 and 9.

It reported that both sexes in Division 7 are largely IMS or SMS over the range of likely MSY levels, but pregnancy rate predictions and observations are not consistent. Analysis of a much increased data base in Division 9 suggested that both sexes are SMS except at the lowest probable MSY level, when they are PS. The Scientific Committee made no recommendation for these two Divisions.

The Scientific Committee reported that in Division 5 males are PS, and while under the current management scheme females are generally SMS over the range of likely MSY levels, pregnancy rates are declining and it recommended that females should be totally protected as well as males.

Australia announced that its Government was now considering the report of a Committee of Inquiry which recommended an end to Australian whaling and that it should internationally pursue a policy of opposition to whaling. The Western Australian land station had closed down.

The Commission adopted by 12 votes to 1 with 2 abstentions the majority recommendation of the Technical Committee, seconded by Australia, that Division 5 males be classified as PS with a zero catch limit, and females as SMS also with a zero catch limit.

The resulting Schedule amendments are shown in Appendix A.

Japan and the USSR stated that their fleets will not operate in Division 5 in the current season and they are opposed to such a change on principle.


10. DATA REPORTING REQUIREMENTS

The Secretary reported that most of the data stipulated in Section VI of the Schedule are reported to the BIWS by IWC members. Data from non-members are less complete although this situation is improving. The main gaps are the information on killing, and the biological data which take time to accumulate and analyse. The Technical Committee endorsed and the Commission adopted the Scientific Committee recommendation for a Schedule change to permit submission of data already specified in log book format (Appendix A). The Commission also agreed that these provisions do not apply to aboriginal whaling.

A schedule change (Appendix A), requiring reporting of biological collections was approved by the Commission, but action on another proposal which would prohibit whaling by operations failing to supply all data stipulated was deferred, since doubt was expressed concerning its legality under Article V of the Convention. The Commission accepted the Technical Committee recommendation that the matter be referred for legal advice and reconsidered at the 31st Annual Meeting.


11. SPECIAL MEETING OF THE SCIENTIFIC COMMITTEE ON THE SOUTHERN HEMISPHERE SEI WHALE

The Scientific Committee reported that a special meeting as proposed by Japan is needed to reanalyse southern sei whale data. The Commission accepted that the least difficult time to hold this meeting will be in the 4 days immediately preceding the June 1979 meeting of the Scientific Committee and endorsed the need for early submission of data, analyses and documents.


12. SCIENTIFIC COMMITTEE FOR ANTARCTIC RESEARCH

The Scientific Committee has received an invitation from the Scientific Committee on Antarctic Research to participate in the BIOMASS technical group on Data, Statistics and Resource Evaluation. It welcomes the opportunity to cooperate in this way, and the Commission endorsed the recommendation that Dr Gambell should be financially supported to attend such meetings as are arranged. It also agreed that suitably qualified observers should be sent to other groups in the BIOMASS programme when invited.


13. TECHNICAL COMMITTEE WORK PROGRAMME

(1) Aboriginal/Subsistence Whaling
The Commission gratefully accepted an offer by the Government of the USA to host a meeting of experts in Seattle, 5-9 February 1979 and a Working Group meeting in Washington D.C. in April 1979 to develop appropriate management regimes. The Commission took note that the Scientific Committee urged that adequate documentation be circulated after these meetings for review and study at its next meeting.

(2) New Observer Schemes
On the recommendation of the Technical Committee the Commission agreed to give a specific mandate to the Working Group of the Technical Committee on New Observer Schemes (Appendix B). It also agreed that a meeting of the Working Group should be held during the week before the 31st Annual Meeting.

Japan and the USSR both have reservations on this matter, as they consider the existing schemes adequate and so see no need for any radical changes.

(3) Legal Group on the Revision of the Schedule
The Commission accepted the recommendation of the Technical Committee that scientists familiar with whaling operations should join the group of lawyers which is to revise the Schedule.


14. FINANCE AND ADMINISTRATION

(1) Change of Commission's Financial Year
At the 30th Annual Meeting, the Commission agreed in principle to change its financial year to run from 1 September to 31 August in order that the costs of each Annual Meeting, a major part of the budget, can be met from funding approved at the preceding Annual Meeting.

The Commission accepted the formal recommendation of the Finance and Administration Committee that the decision be implemented. It also agreed that the words 'financial year' be used throughout the Rules of Procedure and Financial Regulations rather than the words 'fiscal year'.

The necessary changes to the Commission's Rules of Procedure and Financial Regulations are shown in Appendix C.


(2) Consideration of Revised Budget Estimates and Contributions from Contracting Governments
In accordance with instructions given at the 30th Annual Meeting, the Secretary had prepared revised estimates to cover operating costs at present levels for the current year in the light of actual expenditure to date and any offer to host the next Annual Meeting. An alternative budget was also prepared to include provision for expansion of the Commission's activities. Budget estimates based on the Revised and Alternative Budgets were also available to cover a 'transition quarter' from 1 June to 31 August 1979 which was to be the means of effecting the change in the financial year.

Differing views had been stated in the Finance and Administration Committee about the overall trend of the Commission's finances. Some members expressed support for the Alternative Budget (£226,236), particularly in light of the urgent need expressed by the Scientific Committee for a computer capability within the IWC Secretariat; others expressed great concern about the rapid rate of growth of the IWC's budget over recent years and suggested that development of the needed computer capability be accomplished in several phases beginning in 1978/79.

After reviewing the estimates the Committee recommended the approval of the Revised Estimated Budget of £157,766 with the following additions:

Proposed Meeting of Experts on Aboriginal Whaling    £1,000
Proposed Meeting, Working Group of Technical  
Committee on Aboriginal Whaling    £1,000
Whale Marking    £2,000
Amount to rebuild reserves depleted in 1977/78 financial year    £5,000

The recommended total budget for 1978/79 including a 10% contingency component was therefore £167,166, involving the payment by Contracting Governments of additional contributions amounting in total to £34,273.

Some countries, including the USA and Denmark, expressed support for a higher budget, particularly in order to accommodate the need for a permanent computer facility. Other countries indicated that they could not give a commitment even in respect of the modest increase recommended by the Finance and Administration Committee. After extended discussion, the Commission accepted a compromise proposed by the UK intended to give expression to the Commission's support in principle for a computer capability without increasing the budget recommended by the Finance and Administration Committee. This was that of the £5,000 designated for the rebuilding of the reserves, £1,000 should be re-allocated to funding the preliminary design study on a computer facility as recommended by the Scientific Committee. The Commission also agreed that member nations be urged to contribute on a voluntary basis to the development of that capability as soon as possible.

The Commission then approved the budget of £167,166 for the current year and the corresponding budget of £53,309 for the transition quarter, noting the comment by South Africa that, unless the preliminary design study indicated that the proposed computer arrangements were impractical, its acceptance implied a commitment to meet the establishment costs and a full year's running costs in the next year.

Denmark had proposed to the Finance and Administration Committee that funds be obtained by charging registration fees at meetings. The Committee had not accepted the proposal, having doubts about the precedent it might create, but the Danish Commissioner indicated that he would raise the matter again in the agenda for the 31st Annual Meeting.

The Finance and Administration Committee had reviewed a possible alternative to the present formula for calculating national contributions developed by the USA as a possible response to concerns expressed in June by some member nations that the present formula does not produce an equitable distribution. By setting a fixed fee for each area of interest, the new alternative would allow member nations to significantly increase contributions by claiming additional areas of interest. The Commission agreed that it merits further consideration, and that the Finance and Administration Committee should review this and any other such proposals at the next Annual Meeting.

On the recommendation of the Finance and Administration Committee the Commission requested the Secretariat to prepare a forecast budget for 1980/81 for review at the next Annual Meeting to allow comment on budgetary trends and to enable the member nations to budget more accurately for their national contributions.


(3) Amendments to Rules of Procedure
At the 30th Annual Meeting the Commission had agreed in principle to amend Rule II in order that member nations could host Annual Meetings more frequently and so reduce the heavy expenses falling to the Commission. The Commission adopted the formal recommendation to this effect and also the various consequential changes it necessitates (Appendix C).


(4) Amendments to the Financial Regulations
The Commission approved the changes to the Financial Regulations recommended by the Finance and Administration Committee after it had considered the views of the Commission's professional financial advisers, that is, the establishment of only two funds, a General Fund and a Research Fund, to simplify the Commission's accounting procedures (Appendix C).


(5) Other Financial Matters
The Finance and Administration Committee recommended and the Commission agreed that the audit of the Commission's 1978/79 financial year should include the audit of the transition quarter, 1 June - 31 August 1979.

The Committee reported that the Secretariat staff severance pay provisions approved in June 1978 have been reviewed by the UK Government and have since been implemented.


15. CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FLORA AND FAUNA

The Finance and Administration Committee recommended that the Commission designate someone from a member nation to attend the CITES meeting as the IWC Observer, and the Vice-Chairman, Mr M. C. Mercer, agreed to act in this capacity.

The Secretary will circulate the proposals concerning the listing of cetaceans in the CITES Appendices put forward by the UK, so that some comments may be submitted before the March 1979 meeting of the Conference of Parties to the CITES.

A Resolution proposed by USA, seconded by the Netherlands, concerning support of IWC actions by the CITES (Appendix D) was adopted by 5 votes to 4 with 6 abstentions. Canada, Denmark, Iceland and Japan expressed their views on the difficulties of equating the IWC stock management categories with the CITES classifications and questioned what the Resolution might achieve.


16. ADHERENCE OF NON-MEMBER WHALING AND OTHER COUNTRIES, INCLUDING REPORTS BY COMMISSIONERS

(1) The Secretary reported that the Resolution adopted at the 30th Annual Meeting had been sent to the named governments. Informal discussions indicated that the necessary domestic legislation to join the Convention was nearly complete in the Republic of Korea and Peru, while Chile and Spain also expected to adhere by the time of the 31st Annual meeting.

(2) Canada reported on its arrangements prohibiting import and export of whale products and whaling equipment with non-IWC countries, and controls on trade in these materials with members.

Japan stated that it is seriously considering further action to prohibit imports of whale meat from non-IWC members.

The Netherlands stated that it is drafting legislation to ban all whale imports.

The USA stated that it believes non-IWC whaling represents over 13% of the world catch and that 25% of Japan's current whale meat imports are from non-IWC members. The Commission accepted a Resolution concerning the importation of whale products from non-IWC member nations (Appendix E), pending further study of possible Schedule amendments. A second Resolution dealing with the transfer of whaling equipment and expertise, etc. (Appendix F) was adopted by 7 votes to 2, with 6 abstentions. The Netherlands and the UK explained their difficulties with the Resolutions due to a number of international agreements (including the Treaty of Rome), and Denmark indicated that it too had legal difficulties. The USSR recorded their opposition to the second Resolution.

The Commission adopted a Resolution proposed by Norway, seconded by Argentina, (Appendix G) concerning the adherence of Peru, and recommending that its catches should not increase.


17. DATE AND PLACE OF THE 31st ANNUAL MEETING

The Finance and Administration Committee reported that no member nation had offered to host the 31st Annual Meeting (1979) and that a suitable venue could not be obtained in London during the week of 25 June as had been tentatively agreed at the 30th Annual Meeting. The Secretary had made a provisional booking, therefore, at Church House, Westminster, a conference centre used extensively by the UK Government, which has been made available on favourable terms in the week commencing 9 July. The Commission approved these arrangements.


18. AMENDMENTS TO THE SCHEDULE

The amendments to the Schedule approved by the Special Meeting appear in Appendix A.


19. OTHER BUSINESS

(1) Catch data from non-member whaling countries
The Commission agreed with a suggestion from the Netherlands that the Secretary be instructed to request the Governments of Chile, Spain and Portugal to provide all the data previously requested in a Resolution made by the Commission at the 29th Annual Meeting and not so far received. Specifically, they should be asked to submit data from past sperm whale catches and also to collect and submit biological data such as teeth, ovaries and testes from future catches.


(2) Press Reporting of Scientific Committee Meetings
In its report the Scientific Committee noted that it has always attempted to operate in an atmosphere of confidentiality in order to preserve its freedom to discuss the many and complex matters on its agenda. Only with this freedom can such discussion be wide ranging and productive so that ideas can be freely expressed, hypotheses developed and various alternatives explored, many of which may ultimately be rejected. The atmosphere of confidentiality is necessary not to create an aura of secrecy in its deliberations but to allow for free and open discussion without fear of misrepresentation.

The Commission strongly endorsed these comments.


(3) Research needs
The Commission agreed, on the proposal of the Netherlands, because of difficulties with the concept of a by-catch of female sperm whales, that the Scientific Committee should study the effect of such a by-catch of females on the stocks and their dynamics; they should also consider alternatives such as size limits. The Commission further agreed, on the proposal of the USA, that the Scientific Committee should fully examine the biological consequences of raising the size limit. In order to consider age composition data it is necessary that all available collections of teeth be worked up.

At the request of Denmark, the Commission urged the implementation of the research needs with special reference to sperm whales outlined in Annex H of the Scientific Committee report.


T. Asgeirsson
Chairman

_