(from "Chairman's Report of the Thirty-Third Annual Meeting")

Recommendation 1: That the Commission notes the information that Chile was conducting its own investigation into the use of a factory ship in contravention of Schedule provisions and would report to the Commission and asks the Chilean Government, following its own investigation, to take all necessary steps to prevent any such infraction, if substantiated, occurring again and to institute appropriate penalties.

Chile reported that as a result of an initial inquiry, the matter has now been taken to a justice tribunal which will apply appropriate sanctions if necessary. However, as it cannot predict the length of time the tribunal will last it cannot guarantee to report to the Commission within two months, although it will do so as soon as possible. Chile was also concerned that the non-governmental organisation which had reported the matter had not notified the Chilean authorities immediately. Had this been done, then the irregularities could have been stopped more quickly.

Recommendation 2: That the Commission considers making available an Adviser to the Republic of Korea to work with boat captains and gunners on the identification of baleen whales.

The Plenary Session modified the wording of this recommendation slightly to avoid any financial implications.

Recommendation 3: That the Commission urges the Contracting Governments of Chile, Peru and Spain to observe their obligations in terms of the Convention and submit Infractions Reports for the 1980 season to the Commission.

Spain reported that it had not submitted an infractions report last year as it had believed that a letter from the Commissioner was sufficient.

Recommendation 4: That the Commission urges the Spanish Government to ensure that size limits are strictly enforced and that appropriate penalties be imposed for such infractions.

Recommendation 5: That the Commission asks the Spanish Government to establish and submit information on the extent of local consumption of whale meat so that the Commission may more readily judge the validity of the Spanish proposal to exempt 11 fin whales (representing 5% of the 1981 catch limit) between the sizes of 15.2 metres and 16.8 metres, from consideration as infractions.

Recommendation 6: That the Commission requires that the Danish Government look very closely at the aboriginal catch of fin whales in West Greenland and attempts to institute a catch regime, perhaps by allocation of sub-quotas to separate communities, which would provide the necessary additional controls.

Recommendation 7: That the Commission urges the Danish Government to consider the introduction of a sub-quota system with built-in checks after the capture of each humpback whale in Greenland waters by any community.

Recommendation 8: That the Commission urges the United States Government to continue to make every effort to improve the efficiency of the hunt for bowhead whales off Alaska and to ensure that the strike limit is strictly observed.

Recommendation 9: That the Commission makes it clear that 'six consecutive months' in Paragraph 4b of the Schedule means a six month period, independent of the date of commencement.

The Commission agreed to record this definition in the record of this meeting.

Recommendation 10: That the Commission urges the Icelandic Government to continue to encourage the collection of further data from its minke whaling operations.

Recommendation 11: That the Commission urges the Governments of Chile, Peru and Denmark to submit outstanding Infraction Reports for 1979.

Recommendation 12: That the Commission asks the Secretariat to remind the Contracting Governments of Chile, China, Denmark, India, Oman, Peru and Switzerland of their obligation under paragraph 32 of the March 1981 Schedule to provide the Commission with copies of their laws and regulations concerning whales.

Recommendation 13: That the Commission asks the Scientific Committee to look at the checklist of information required under Section 6 of the Schedule and ensures that it meets its need for data to be supplied, and that Contracting Governments be asked to provide all information promptly and in full detail as outlined on the list after revision by the Scientific Committee.

Mexico stated that it wished to examine the checklist before commenting.

Recommendation 14: That the Commission considers again the definitions of 'factory ship' and 'land station' in the light of the licensing by Japan of a factory ship fixed ashore as a land station.

Japan provided additional information regarding the Ogasawara Island operations. In view of the rocky nature of the island the Japanese Government licensed this land station. The exact position of the station is contained within the terms of this licence and if it is moved this would be in contravention of Japanese domestic legislation.

The Commission noted that the definitions of 'factory ship' and 'land station' appear in the Convention itself, and it instructed the Technical Committee Working Group dealing with the definition of 'local consumption' also to consider these other terms. Denmark commented that the Working Group may be able to offer an interpretation relevant to the particular situation concerned.

Recommendation 15: That the Commission asks the Secretariat to remind Contracting Governments of their obligations under the Convention and note that non-provision of data could, in itself, be considered as an infraction.

The Infractions sub-committee appointed a small working group to examine the Spanish fin whale catches in 1980 which revealed that the catch limits had not been exceeded. However, it was noted that as all of the meat production was exported to Japan to fulfil existing contracts, the number of undersized whales for the season was 77 animals. Spain explained that 1980 had been an abnormal season for several reasons and that it regretted the infractions and had taken strict measures to ensure that they would not occur again.

The Seychelles drew attention to the fact that substantive material was being presented to, and discussed at, meetings of the Infractions sub-committee which was not available to the Commission in any other form. It pointed out that, because this material would be useful in assisting the Commission to discuss catch limits and quotas, it ought to be presented earlier.

The Seychelles suggested that in future the Report of the Infractions sub-committee appears on the Agenda directly before the item on Whale Stocks and Catch Limits. This view was supported by France.

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