9. INFRACTIONS, 1992 SEASON

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



9.1 Report of Infractions Sub-committee
The Infractions Sub-committee met under the Chairmanship of Dr K. Chu (USA).

9.1.1 Infractions reports from Contracting Governments
No commercial whaling took place in 1992, and no catch or strike limits were exceeded in aboriginal subsistence whaling in 1992. Press reports relating to Japan alleging illegal sales of whale meat in 1993 and smuggled whale meat from Taiwan in 1992 were raised by the UK, and the Secretary was asked to circulate information provided by Japan as soon as possible.

Reports of Norwegian catches over quotas and other infractions in the 1980s demonstrated how imperative it is for any new inspection scheme to inspire international confidence and respect. Norway had found no evidence to substantiate the allegations but steps had been taken to ensure that when it resumes whaling competent inspectors will be based on each vessel to avoid allegations of this nature in future.


9.1.2 Other matters
Surveillance of whaling operations
The USA reported that 90% of the catch was under direct inspection by a national programme. Denmark provided information on the system in Greenland covering both the harpoon and rifle hunts. Any whale hit by a bullet is considered 'struck' for quota monitoring, and internal redistribution of municipal quotas could not exceed the overall quota.

Inspection and observation under the Revised Management Scheme
Norway introduced a draft proposal, prepared with the collaboration of Japan, for a Schedule amendment relating to national inspectors and international observers. Preliminary discussion covered the views that there should be an observer on every whaling vessel; whether the costs should be covered by the whaling countries alone; the enforcement rights of observers; the retention of some of the present Schedule provisions; the appropriateness of such a programme for aboriginal subsistence whaling operations because of the number and size of whaling vessels and the rigour compared with other fisheries control systems; the information to be recorded by observers, including time-to-death; and the Japanese view that its small-type operations could be controlled and enforced sufficiently at the land stations where flensing is conducted.

Additional comments were made regarding real time enforcement and reporting of infractions/vessel position; the practicalities of implementation including the size of boats; the qualifications required of inspectors; whether additional Secretariat support would be required; how reported infractions would be reviewed; questions related to trade; and drafting points. In summing up, it was noted that while the Sub-committee had not reached a decision and made no recommendation, nevertheless there had been a useful exchange of preliminary views, which could be discussed further in the Technical Committee.


Checklist of information required
Denmark and the USA provided information on the data submitted.


Submission of national laws and regulations
The Sub-committee reviewed the record of the latest information supplied to the IWC, and New Zealand drew attention to its 1992 regulations which establish controls on activity by commercial tourist operators and others in the vicinity of marine mammals.


St Vincent and The Grenadines whaling 1993
Although the Infractions Sub-committee normally considers only infractions from the previous year, St Vincent and The Grenadines agreed that, in a spirit of cooperation, it would provide information about the taking of a cow and calf in February 1993. The female was not lactating, and the difficulties involved in regulating this very small fishery in a remote location, including the costs of supervision and administration, were outlined. The regulations were suitable for larger scale operations and inappropriate for dealing with one man of advanced age. The Netherlands stressed that infractions committed by small aboriginal subsistence operations should be treated with the same rigour as any other, and New Zealand drew attention to the international legal obligations to deal with this infraction and urged St Vincent and The Grenadines to fulfil its responsibilities under the Convention.


9.2 Action arising
The Commission noted the report of the Sub-committee and that no action was suggested.

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