7. HUMANE KILLING

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



7.1 Report or Humane Killing Working Group
Discussion took place at the beginning of the meeting of the Working Group, chaired by Mr F.H.J. von der Assen (Netherlands), on the admission of certain papers and discussion of some items in the agenda. This centred around the competence of the Commission to deal with matters related to small cetaceans and the divergence of views between members on the terms of reference of the Working Group. The objections expressed by four countries were noted, and it was agreed to indicate to the Technical Committee and the Commission the view that it is desirable to have clear and agreed terms of reference.


7.1.1 Action arising from the 1992 Humane Killing Workshop
The Resolution on humane killing adopted by the Commission at last year's Annual Meeting contained an eleven point Action Plan and the Working Group decided to take the points one by one to review what progress had been achieved. There was a report of a meeting held in Kyoto on Norwegian-Japanese cooperation which not only covered the use of the penthrite grenade but other issues related to humane killing. On the matter of the grenade, it was concluded by that meeting that there was still room for some development and modification work which could benefit from further cooperation between the two countries. The other problems addressed concerned gunners' education, assessment of unconsciousness and death in whales, and cooperation in the field of data collection. Norway stressed the importance of further investigations into the agreed criteria for assessment of loss of sensibility and time-to-death as both countries had encountered difficulties in applying those criteria. It was suggested that work could be done in other countries on stranded whales that had to be killed. There was also some discussion about the difference in time-to-death between Japanese and Norwegian minke whaling operations and Japan put forward as an explanation that the higher times-to-death in the Japanese operation were caused by the efforts to avoid shooting at the head of the whales in order to obtain good samples of earplugs.

On the subjects of improving accuracy, training programmes and the reduction of practices which may lead to increased times-to-death, Japan presented an overview of the work carried out in these areas and pointed to two significant improvements that had resulted in more accurate strikes - the use of the flathead harpoon and the 75mm gun. Norway also reported progress in this area by the standardisation of weapons and the introduction of training courses and shooting tests. There was considerable discussion in the Working Group and there will be further collection and analysis of data which will be provided to the Commission. Efforts to further improve the accuracy of the strike will be ongoing in both countries.

Information on secondary killing methods was provided for the electric lance in the Japanese Antarctic operations and the use of large-calibre rifles in Norway. Japan stated that, although the introduction of the penthrite grenade had resulted in a lesser need for the use of the electric lance, there still was a need to use it in its Antarctic operations and experiments with different voltages and amperages were being carried out. Some delegations expressed concerns about the use of this device and Japan announced that results of research in this area will be made available in the near future. In the plenary New Zealand expressed its deep concern about the humane aspects of the use of the electric lance, which Japan thought was premature.

Criteria for assessing loss of sensibility and time-of-death had already been discussed earlier in the meeting. The suggestion that whale strandings could provide a valuable source of information was repeated, and Australia mentioned a strandings workshop which it intended to organise in the near future.

Progress was reported by Norway which hoped to present the results of ongoing studies of post-mortem research on penthrite-killed whales at next year's meeting, and also by the USA which reported on a project to collect tissues from the Alaskan bowhead hunt for evaluation.

Analysis and information on the use of the penthrite harpoon in certain Japanese operations, including data on times-to-death, was provided in several papers. There was some discussion as to the usefulness of certain data and Japan indicated that further information that could be useful would be made available on request. It was further realled that, according to a long-standing request of the Working Group, in future documents, times-to-death should be summarised as median times rather than mean times for ease of comparison. In the plenary, Australia also encouraged the submission of full distributions of time-to-death data.

The collection of data in aboriginal subsistence catches, as far as Greenland is concerned was discussed under a different agenda item, and there were no data reported on narwhal and beluga hunting in Greenland, due to the Danish reservation on inclusion of this item in the Action Plan.

On the collection of blood samples and brain and other tissues to allow assessment of stress and other physiological parameters, several countries suggested that relevant data on killing stranded whales or hunting of other wild animals could be collected in non-whaling countries and made available to the Commission.

Under the last point of the Action Plan, which encourages the IWC to review progress in the field of humane killing regularly and to consider holding further workshops, there was a suggestion to hold a Workshop possibly in 1995 to consider recent data and the results of further analytical work that still needed to be done. Japan opposed this idea and it was eventually decided that a short discussion paper on this subject would be prepared by the UK for next year's meeting. Norway drew attention to the results from its 1992 scientific catch which revealed improvements in the humane killing field compared to earlier hunting operations.


7.1.2 Alternatives to the cold grenade harpoon
No additional information was available to the Working Group but it was suggested to replace the reference to the 'cold grenade harpoon' in the terms of reference to the 'cold harpoon'. This point could be taken up by the Commission if and when it decides to review the terms of reference of this Working Group.


7.1.3 Aboriginal subsistence whaling
Denmark reported on the implementation of the Greenland Action Plan for the improvement of whaling equipment, and noted the cooperation with Norway on weapon improvement, and arrangements for reporting on-time-to-death and struck-and-lost rates. The Greenland Action Plan includes the establishment of a Working Group to examine methods used in the rifle hunt for minke whales. The conclusions of this Working Group are expected in the spring of 1994 and may be made available to next year's IWC meeting depending on consultations with the Greenland Home Rule Government.

The USA presented data on hunting efficiency and recovery methods employed in the Alaskan bowhead whale hunt. Some modifications had been made to the penthrite grenade and further modifications were planned over the next one to two years. The safety of the crew was briefly discussed and the general conclusion of the Working Group was that safety of the crew should be given due regard.


7.1.4 Other matters
A document to which four countries had expressed an objection was discussed, on the methods used in the Faroe Islands pilot whale drive hunt. The UK explained that the paper had been tabled in the spirit of cooperation as it had understood Denmark to be willing to exchange information on the subject. The UK, with support from New Zealand, urged the Faroese and Danish Governments to examine killing methods used in this hunt and provide relevant information to the IWC. It expressed its willingness to work with the Faroese and Danish Governments to give effect to better methods of killing. Denmark reconfirmed its position on the issue which is that it is willing to exchange information and cooperate in scientific research on these matters while, in its opinion, management advice should not be given. Australia, on the request of Japan, offered to make available outside the meeting information concerning the killing of kangaroos. There was also a reminder by Denmark that the definition of humane killing at the 1980 Workshop, if it is to be used, should be used in its entirety. Finally, Japan stated that the information it had provided was submitted on a voluntary basis and this should be understood as a willingness to cooperate but not as a commitment.


7.2 Action arising
In the plenary, Japan reiterated its view that humane killing is outside the mandate of the IWC, and it had submitted data on a voluntary basis. It opposed a Workshop in 1995 because it believed the development of the penthrite grenade harpoon had resolved the issue.

The UK emphasised the importance of the humane killing issue which is relevant to its decision on even contemplating a resumption of commercial whaling. The detailed studies considered at the 1992 Workshop and this year called into question the kinetic energy needed to kill or render a whale insensitive to pain and led it to conclude that the electric lance is not an acceptable secondary means of killing whales. It believed it would be useful to look at data coming forward through the Action Plan, and put forward a Resolution, co-sponsored by Argentina, Australia, Finland, Ireland, the Netherlands, New Zealand, Spain, Sweden and the USA, to reconvene the Workshop on Humane Killing Methods before the 47th (1995) Annual Meeting.

Brazil and Australia, in supporting this Resolution, voiced their concerns over the killing efficiencies and Germany wished to be a co-sponsor. Denmark had no objection to a meeting of technical experts, but renewed its reservation concerning discussion of belugas and narwhals. India, in supporting the Resolution, expressed its belief that the Commission has full competence for the conservation of all species of cetaceans. Norway indicated its continued improvement of the methods used and noted its objections to some of the scientific judgements presented by the IWC.

The Russian Federation, USA, Spain and Argentina also gave their support to the proposed Workshop.

Japan opposed the Resolution and thought humane killing should be considered in the context of killing other wild animals such as kangaroos, and of fox and deer hunting. Norway and Denmark also favoured comparisons with other animal kills.

Discussion, initiated by Dominica, led on to consideration of the terms of reference of the Workshop. It was eventually agreed that the Workshop should be held as proposed in the Resolution (Appendix 1), and following correspondence during the year led by the UK based on the terms of reference of the previous Workshop, the terms of reference will be finalised at the meeting of the Working Group prior to the next Annual Meeting.

Discussion of the terms of reference for the Humane Killing Working Group was introduced by the Chairman of the Working Group. He outlined the history of the Group during the past ten years, with the concerns over the cold harpoon (which is no longer in use), and aboriginal subsistence whaling. Three years ago consideration of 'other whaling activities' was supported by some delegations, but opposed by others because of the question of competence over small cetaceans. He proposed the simple formulation:

'To review information and documentation available with a view to advising the Commission on promoting the development of humane methods of killing whales'.

The UK and USA supported this language, but Denmark wished to add 'covered by the Convention', while Japan expressed strong objection and wished to refer the discussion to the next meeting of the Working Group. It was finally agreed as a majority view that the proposed terms of reference should be adopted, noting the interpretation understood by Denmark and the objection of Japan, and charging the Working Group to consider its mandate further next year.

The UK put forward a Resolution on pilot whales. It reviewed the history of the IWC's concerns over the humaneness of the Faroes pilot whale hunt during the past seven years, and called upon the Danish and Faroes authorities to provide further information on the hunt and expressed concern on the implementation of the relevant legislation. As co-sponsors, New Zealand noted its concerns about both the long-term sustainability and the inhumane nature of this hunt, and the USA looked for information to monitor progress in improving the methods and organisation of the hunt.

Denmark responded by pointing out that this was management advice and it was out of the hands of the Danish Government. Such pressure may harm continued collaboration from the Faroese Home Rule Government. It emphasised the long-term sustainability of the catches since the Middle Ages and the confirmation at last year's Workshop on the correctness of a dorsal cut through the spine to kill pilot whales.

Australia supported the humane killing aspects of the Resolution but placed on record that it would value the continued presence of the Faroese element of the Danish delegation and bilateral discussions. The Netherlands, Switzerland and Germany supported this statement.

Norway asked that the issue should not be pressed to a vote, and Japan repeated its position that both small cetaceans and humane killing are outside the competence of the IWC. The UK emphasised that the impact of the operative section had been reduced to the minimum by only seeking information.

The Resolution (Appendix 2) was then adopted by 12 votes in favour, 8 against and 11 abstentions.

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