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

10.1.1 Infractions reports from Contracting Governments
The Sub-committee reviewed the reports from Contracting Governments and in connection with commercial whaling outside the Antarctic in 1984, recorded its disappointment that infractions reports had not been submitted by Peru, and St Vincent and the Grenadines. It noted that submission of these reports is not only vital to the sub-committee's work but an obligation under the Schedule and Article IV of the Convention. The Technical Committee and the Commission approved the recommendation that these governments be urged to submit infractions reports.

In the plenary session, St Vincent and the Grenadines stated that the reason why reports were not submitted was because any infractions which did occur took place outside its territorial waters, and therefore outside its sphere of influence and jurisdiction.

The government of Norway had reported one instance of a whale being caught without being properly reported and was conducting enquiries to ascertain if other instances of non-reporting could have occurred. Improvements in the monitoring system were being introduced and the flukes of each whale taken were now required for examination. This should significantly improve land-based inspection.

No infractions were reported from pelagic commercial whaling operations in the Antarctic for 1984/85, although the Commission noted that Brazil, Japan and the USSR had lodged objections to its catch limits.

Concerning aboriginal subsistence whaling, Denmark reported a total overrun of the catch limits amounting to 6 humpbacks and 4 fin whales in 1984. The Commission expressed its serious concern that once again the catch limits had been exceeded in this fishery and noted the discussions in the sub-committee of ways in which the system might be improved. The Greenland authorities are considering a reporting system whereby hunters will be required to report directly to the Governor in order to reduce the potential for the delay in reporting which now occurs.

The Technical Committee endorsed and the Commission adopted the strong recommendation that Denmark be urged to try all possible means to resolve the problems in recording catches.

In the Technical Committee, Antigua and Barbuda asked if humpback whale fluke photographs were being taken and Denmark replied that, although a programme had been instituted, only one picture had been taken so far.

10.1.2 Reports from International Observers
The Infractions sub-committee reviewed the summaries of Observers' reports from North Pacific and North Atlantic land stations and Southern Hemisphere pelagic operations, and noted that the Observers' reports agreed with the infractions reports submitted by Contracting Governments.

The report of the Observer at the Philippines land station was received too late to be considered by the sub-committee and it was agreed that this should be discussed at the 1986 meeting.

The Philippines suggested that the IWC should establish a time frame for the submission of such reports and the Commission agreed that the Secretariat will add this to its normal instructions to the Observers to ensure timely submission for review at the Annual Meeting.

10.1.3 Other matters from earlier years
1. Surveillance of whaling operations
The sub-committee drew up a table indicating the surveillance of whaling operations.

2. Suitable index for small type whaling operations
Last year the sub-committee noted that there were difficulties in calculating a simple index to describe the extent of surveillance in small type whaling operations. The Norwegian figures may under-represent the extent, because inspectors also observe catches by other vessels, and the landed catch is examined as well as all log books. Similarly, the Japanese surveillance of their small type whaling operation also includes inspection at land stations, designated ports and at sea.

3. Check list of information required or requested under Section VI of the Schedule
A table was prepared which indicated that all or almost all information and material is collected. The main exception is Greenland (little collected), Philippines (biological material not collected) and the USA (biological sampling 'as possible').

4. Submission of national laws and regulations
The Secretariat had prepared a table indicating the date of the most recent laws and regulations submitted under paragraph 31 of the Schedule by 25 members.

The Commission accepted the recommendation that governments again be urged to supply this information, and noted that last year St Vincent and the Grenadines had advised that in 1983 a decision had been taken to institute whale protection regulations, copies of which would be provided to the Secretariat when enacted.

Argentina stated that legislation enacted in December 1984 had declared the southern right whales a Natural Monument.

Ireland indicated that it had legislation dating from 1937, updated in 1984, which would be submitted to the Secretariat.

5. Alleged illegal whaling operations for Chile
The Commission noted that Chilean authorities had been unable to find any trace of illegal whaling activities as alleged by the WSPA, and that monitoring of sea traffic made it extremely unlikely that a whaling operation would escape their attention.

6. Progress on Recommendations of 1984
1. Chile indicated that outstanding infraction reports for 1980-83 will be provided in the near future. Whaling in Chile had ceased on 1 July 1983.
2. Chile also indicated that a response to comments put forward at last year's meeting concerning Chilean whaling in 1983 would be provided in the near future.
3. The Philippines had provided infractions reports for 1983 and 1984 and daily catcher record sheets for the 1984 season.

The Commission had also requested details of the types of harpoons used to catch whales and the numbers of whales brought to the flensing barge each day. Some information was derivable from the catcher's log which stated that both first and killer harpoons are explosive, and by inspection of the records show that usually two whales but sometimes one are delivered each trip. Catch statistics were available to the Scientific Committee but no biological material is collected.

Under 'Any Other Business' in the Infractions sub-committee, the Republic of Korea advised that one fin whale had been taken during the 1985 season which would be reported as an infraction for review next year.

Explosive harpoons are not used in the Korean whaling operation and the Committee expressed the view that the continued use of cold grenade harpoons should be reported as infractions. Australia commented on the cruelty aspect of such whaling operations and recorded its appreciation of the progress made by Japan and Norway in developing more humane methods. It urged, and the Technical Committee and the Commission agreed, that the Republic of Korea should use the most humane methods available.

In the Technical Committee, St Lucia asked if the import of whale meat from operations outside the IWC in contravention of Resolutions adopted in recent years to discourage non-IWC whaling constituted an infraction by the importing nation. The Chairman indicated that this is not an infraction of the Schedule provisions.

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