11. INFRACTIONS AND REPORTS FROM INTERNATIONAL OBSERVERS

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



The Technical Committee set up an Infractions sub-committee, chaired by Dr A. Reich (Federal Republic of Germany) in which fifteen member Governments had taken part. The Commission noted the comments and endorsed its recommendations as follows:


11.1 Infractions reports from contracting governments
The infractions reported for the 1982/83 Antarctic season, the 1982 season outside the Antarctic and the 1982 aboriginal subsistence whaling season were reviewed and it was noted that infractions reports had not been received from Chile for the 1980, 1981 and 1982 seasons. The Government of Chile was urged to submit infractions reports for these seasons.

After a discussion of the best way to deal with the issue of whales lost in aboriginal subsistence fisheries it was agreed that the Secretary should write to Contracting Governments asking for their comments and this matter should be considered at the next meeting of the Infractions sub-committee.

Noting the take of two whales designated as sei whales which were probably fin whales off Greenland, the Commission agreed to ask the Scientific Committee to comment on the likely distribution of sei whales in Greenland waters.


11.2 Reports from international observers
The summaries of observers' reports on North Pacific land stations, North Atlantic land stations and Southern Hemisphere pelagic whaling operations were reviewed and the Commission noted that no differences were found between these and the infractions reports.

The Commission noted the extent of surveillance of whaling operations and recognised that full surveillance is very difficult in remote areas on land as well as on the numerous small Norwegian vessels.


11.3 Check list of information
The Commission noted that the check list of information distributed by the Secretariat had proved very helpful.


11.4 Observer schemes
Peru and Brazil reported that they are examining the possibility of exchanging observers beginning next season. Norway noted that current schemes for exchange of observers only cover land based and pelagic whaling and that a number of logistical difficulties were associated with placing observers at sea, but expressed its willingness to discuss such arrangements with any interested Contracting Government. The Republic of Korea expressed a similar willingness. Japan indicated that it would welcome increased observer coverage by US observers pursuant to its agreement with the USA.


11.5 Other matters
11.5.1 Sperm whale catches, Division 9
The Infractions sub-committee examined in detail the problems which had arisen over the catches of sperm whales from Division 9 of the Southern Hemisphere in 1981. There had been a confusion in the statistics and the Netherlands noted that the incorrect information had been used in calculations by the Scientific Committee. The Commission recognised the critical importance of validated catch statistics to its work and noted that Peru would provide written clarification of corrections of the catch records for 1981 and 1981/82.

The Seychelles commented that there were still some problems concerning the Chilean catches at this time and requested the Secretary to seek clarification of the monthly catches by Chile in 1981. This was agreed.


11.5.2 Catches by St Vincent and the Grenadines
It was agreed that the catch of two humpback whales from St Vincent and the Grenadines in March/April 1983 constituted infractions and the Commission endorsed the following recommendation:

'The Commission urges that the Government of St Vincent and the Grenadines submit copies of applicable laws and regulations pursuant to Section 31 of the Schedule and outstanding infractions reports for its whaling activities.'

The Commissioner for St Vincent indicated that he thought there were no laws on whaling but he will confirm this and indicated that he will request an additional subsistence quota this year. He described the nature of the whaling operation in which one vessel with an outboard motor had now been replaced by two boats with inboard diesel engines. The small number of whales seen each year was decreasing and the whalers cannot find more whales to kill. The Infractions sub-committee recommended that the Technical Committee reflect on the fact that there has been a continuing small scale whaling operation for humpback whales in St Vincent and the Grenadines and that the sub-committee regards this whaling as involving infractions.


11.5.3 Special permits by Faroese
Arising from the fact that three fin whales had been taken in 1982 under a special permit issued by the Faroese Home Rule Authority, the Commission urges Denmark to conclude discussions with the Faroese Home Rule Authority as soon as possible so that this issue can be resolved.


11.5.4 Peruvian whaling
The Commission was informed that Peru had misunderstood the requirement of Paragraph 15(a) of the Schedule and its national legislation had not prohibited the export of meat from Bryde's whales between 35 and 40 feet in length. Since the 1982/83 whaling season the national legislation had been brought into line with the Schedule requirements.


11.5.5 Chilean whaling
The Seychelles commented that a Chilean Government investigation had revealed irregularities in the 1981 season when up to 10 baleen whales were taken when only 75 sperm whales were authorised. It was unclear if the whaling vessel involved was acting as a pelagic factory ship in contravention of the Schedule, and imports by Japan from Chile showed shipments totalling over 1,000 tons of whale meat in 1980 and 1981.

The Commission agreed to the proposal, Japan recording its reservations, that the Secretary should write to Chile to ask that its Government should investigate these matters further to try and identify more precisely the take of baleen whales. Japan noted that a certificate of origin of meat is required to be attached in case of import of whale meat and confirmed that chemical analysis of the meat identified the origin as Bryde's whales. The Seychelles emphasised the point that the data on the catches are needed by the Scientific Committee to carry out stock assessment, and wrong data had been used in recent assessments.


11.5.6 Submission of laws and regulations
The Secretariat had prepared a preliminary table indicating the date of the most recent laws received from members pursuant to Paragraph 31 of the Schedule. The Commission endorsed the recommendation that the Secretary be requested to prepare and distribute a final table, and to remind those members who have not submitted copies of their most recent laws and regulations of their obligation to do so.

The Commission noted that Denmark had submitted an infractions report for its whaling activities in 1979 but the copies were not available at the time of the Infractions sub-committee meeting. It agreed that this report should be reviewed at the 1984 meeting.

Norway gave a detailed account of the inspection arrangements and legislation in its small-type whaling operations.

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