11 and 12: INFRACTIONS AND REPORTS FROM INTERNATIONAL OBSERVERS

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



The Technical Committee established an Infractions sub-committee, chaired by Mr M.A. Al-Barwani (Oman), attended by delegates from 13 member governments. The Commission received its report noting the comments and endorsing the recommendations as indicated below:


1. Infractions reports
Infractions reports from the 1981/82 Antarctic season and the 1981 season outside the Antarctic were reviewed. The Commission noted that Infractions reports had not been received from Chile or Peru for the 1981 season and urged these governments to submit their reports.

The Commission noted that three fin whales had been taken from the West Norway - Faroe Islands stock, for which the catch limit is zero. Denmark explained the constitutional problem relating to the Faroes Home Rule Authority which had issued a special permit for this catch in spite of explicit opposition by the Danish Government. The Commission urged the Government of Denmark to do its best to clarify the situation as soon as possible.


2. Observer reports
The Observer's report that some cold grenade harpoons had been used in the Japanese Bryde's whale fishery was noted. Japan explained that these harpoons had been used to recover carcasses rather than for the purpose of the catch. Nevertheless, because they may have been used without sufficient verification of whether the whale was alive or dead, substantial penalties have been imposed and a complete ban now enforced. The Commission noted the explanation and commended the steps taken by Japan to prevent another occurrence of this type of infraction.

Australia took a very serious view of this infraction since the harpoons had clearly not been intended to explode, and Japan agreed to provide a copy of the regulation prohibiting further use of harpoons without explosives.


3. Peruvian whaling
The Seychelles had suggested that meat from Bryde's whales taken at the lower size limit applicable to land stations to be used for local consumption had been exported by Peru. Peru was unable to comment but stated that it was unable to accept the analysis because information on the quantities of whale meat consumed locally was not to hand. It will investigate the meat production during the coming year and will take appropriate measures depending on the results, which will be reported to the Commission through the Secretariat before the next meeting. The Commission urged that Peru:

should as soon as possible provide information on the amount of whale meat consumed locally;
undertake a quantitative analysis of the meat yield from Bryde's whales during the coming season;
should provide information on the size composition of the Bryde's whale catch for the 1981 season (January to June 1981);
should provide separate infractions reports for each of the four whaling seasons which have occurred since it joined the Commission.

The Seychelles indicated that it believes that the lower size limit is to allow a margin of error to gunners, but the meat must be used only for local consumption. The large proportion of small whales implies the serious conditions of the stock. Peru disagreed with the interpretation of the Schedule given by the Seychelles.

Japan commented that the size limit regulation does not distinguish between sei and Bryde's whales and was established primarily for sei whales. It suggested that the Scientific Committee should review regulations for Bryde's whales next year and report to the Commission. This was agreed.


4. Chilean whaling
Chile had provided a report on the results of its investigation into a possible contravention of the Schedule by a factory ship operation in 1980. As no Chilean representative was present in the sub-committee to provide further information the Commission asked Chile to respond to the following questions:

What protected species were taken by the operation?
What is meant in paragraph 3 (c) of the Chilean report by the term 'illegal boats'?
What was the false information provided by the operation?
What was the extent of the financial sanction imposed?
and that they submit an Infractions report for this operation.


5. Identification of baleen whales in the Republic of Korea
The Commission noted that no adviser had been sent to the Republic of Korea but photographs of one large whale taken during the season had been sent to a Japanese authority who had identified the animal as a Bryde's whale.


6. Submission of Infractions reports
The Commission noted that Spain had submitted a report as requested last year for 1980 but repeated its previous recommendations with respect to the Government of Chile that it should observe its obligation in terms of the Convention and submit Infraction reports for the 1979 and 1980 seasons, and to the Government of Denmark for the 1979 season.


7. Spanish whaling
The Commission noted with approval that the number of under-sized fin whales and those less than 55 feet had been reduced in 1981. It also noted an experimental investigation into the amount of products expected from fin whales as reported by Spain.


8. Catch of whales in West Greenland
Denmark explained that last year's recommendation for the fin and humpback whales quotas to be allocated by the community was not really practicable because of the small numbers involved. Accordingly the measures employed in earlier years to keep within the limits had been maintained and proved largely successful.


9. Bowhead whale fishery
The USA explained the efforts to reduce the struck and lost rate in respect of bowhead whales, but whilst better efficiency had been achieved in some villages, overall efficiency had declined, mainly because of weather related reasons. The Commission was pleased to note that the number of whales landed had not exceeded the quota.

The USA indicated that only two of the nine whaling communities were within the range of minke whales, which could, therefore, not substitute for bowheads nor fulfil the cultural needs of these communities.


10. Iceland minke whales
The Commission was pleased to note the co-operation between whalers and biologists with respect to the collection of data from Icelandic minke whaling operations.


11. Observer agreements
The Commission urged Contracting Governments involved to enter into observer agreements which would provide greater surveillance of (i) aboriginal operations in Greenland, (ii) Korean operations, (iii) Peruvian operations, (iv) Brazilian operations; and that steps be taken under the existing bilateral observer agreement, to provide increased coverage at the Japanese land stations.

Brazil and Peru both stated that they are willing to accept an international observer but for economic reasons they are unable to provide an observer on a reciprocal basis.


12. Inuit Observer Scheme
The Commission repeated its recommendation of last year that all steps should be taken to arrange for international observation of the Inuit hunt.

In Technical Committee Australia raised the question of the Soviet gray whale catch for which allegations have been made that it was taken for commercial utilisation, as food for mink. The USSR confirmed that gray whales are taken only for local consumption.

13. Submission of laws and regulations concerning whaling
The Commission asked the Secretariat to remind the Contracting Governments of Chile, the People's Republic of China and Peru of their obligation under paragraph 31 of the Schedule to provide copies of their laws and regulations concerning whaling. The USA asked that it be recorded that failure to so submit their laws is in itself an infraction.


14. Checklist of information required under the Schedule Section VI
The Commission recommended that Contracting Governments complete the revised checklist stating whether and to where the information had been sent and return it to the Secretariat. The Commission agreed that this can be most efficiently achieved if the Secretariat provides Contracting Governments with the checklist at the same time as it provides Infractions reporting forms and if the Contracting Governments return the checklist at the same time as their Infractions reports. It is clearly understood that this is simply for convenience and that the checklist does not form part of a country's Infraction report.


15. North Atlantic sperm whales
Spain asked for the report to record its confirmation that the Spanish authorities had no intention of authorising the taking of any sperm whales and that the Spanish industry had no intention of taking any sperm whales.

The Commission noted that there had been discussion in the Technical Committee on the presence of a technical adviser not on any delegation at the meeting of the Infractions sub-committee. His presence had been requested by the USA but this request was withdrawn when it became clear that it was not the wish of the sub-committee that the technical adviser attend the meeting.

The Chairman of the Technical Committee recalled that Plenary and Technical Committee sessions are open to observers but they did not normally have access to smaller sub-committees or working groups. The Commission agreed to establish the principle that only delegates should attend sub-committees of the Technical Committee, unless the sub-committee decides otherwise unanimously.

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