8. INFRACTIONS

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



8.1 Report of the Infractions sub-committee
The Infractions sub-committee met under the chairmanship of Mr D. Taylor (Australia).

Japan, supported by Norway, noted that the sub-committee considered some of the most sensitive issues before the Commission, such as those relating to enforcement, legal and criminal proceedings. As a result they were of the view that NGOs should, in principle, be denied access. Japan advised that NGO participation might not be granted next year. Other delegations stressed the importance of IWC discussions being open, particularly in the case of this sub-committee and discussion of the development of a credible observation and inspection scheme.


8.1.1 Infractions reports from Contracting Governments
No infractions were reported from aboriginal subsistence whaling operations and no commercial whaling infractions reports were received for 1993 (the only commercial whaling was that carried out by Norway).

Discussion of the case considered last year from St Vincent and The Grenadines involving a small animal led to the suggestion that the Technical Committee should consider whether the Schedule should include definition of a calf.

Responding to requests for information on reports of large quantities of whale meat discovered in Vladivostok, apparently from Taiwan and intended for illegal shipment to Japan, the Russian Federation outlined its investigations into this matter. With the assistance of the USA authorities, DNA analyses were being conducted to determine the species of whale meat involved and the results would be provided when available. Japan also described the strenuous efforts it was undertaking to investigate this matter and, more generally, to prevent the illegal smuggling of whale meat into its territory. It stressed it would continue to enforce anti-smuggling laws and regulations strictly in collaboration among the government agencies concerned and to report all relevant information to the Commission.

Norway reported that a seizure of whale meat at Oslo airport in October 1993 was still under investigation and represented a violation of domestic law, not IWC regulations. The Republic of Korea said it had no specific information on this matter, but it has a long record of being strict on enforcing its anti-smuggling laws and in cooperating with other governments on such issues.

Japan stated that it was presently collecting information on a sperm whale head reported washed ashore, but it seemed most likely that the whale had either been caught accidentally in a coastal set-net fishery or had become stranded.


8.1.2 Surveillance of whaling operations
Norway introduced a revised proposal to amend Section V of the Schedule, based on discussions since its 1993 proposal to establish an observation and inspection system. These revised proposals would provide for national inspectors and IWC observers, for their qualifications and responsibilities, and for certain obligations of Contracting Governments relevant to observation and inspection of whaling operations.

Several delegations commended Norway for submitting this revised proposal which, in their estimation, represented an improvement over the 1993 proposal. They noted, however, that it still fell short in many respects. The USA, UK and New Zealand made particular comments, including the need for 100% observer coverage with costs borne by the whaling nation and real-time reporting. Following further comments from Denmark, Spain and Sweden and responses, Norway suggested the establishment of a formal Working Group to continue work on this matter. The sub-committee agreed to draw this to the attention of the Technical Committee.

New Zealand introduced a proposal on the development of molecular genetic methods for the identification of whale products. It suggested that this technique be brought to the attention of the Technical Committee as representing a potential technology for the detection of infractions and for consideration in developing a comprehensive system for the inspection and observation of commercial whaling operations.

Japan commented that it found grave problems with the New Zealand proposal from both a conceptual and a practical perspective. The inspection and observation scheme in the RMS is not intended to verify the source of whale meat after landing. There are also many problems in this new technique and the interpretation of the results of analyses.


8.1.3 Checklist of informaion required or requested under Section VI of the Schedule
Checklists were submitted by Denmark and the USA, and Norway had submitted the required information to the Secretariat.


8.1.4 Submission of national laws and regulations
The Secretariat provided a summary of the latest submissions of national legislation supplied to the IWC.


8.1.5 Soviet catches in previous years
The Scientific Committee had received information that an examination of original catch records from past USSR whaling operations in the Southern Hemisphere from 1949/50 was revealing considerable falsification of the records submitted by the Soviet authorities to the Bureau of International Whaling Statistics and now held in the IWC Secretariat database. The Russian Federation indicated that it would provide additional information when it becomes available.


8.1.6 0ther matters
The USA reported on a piece of whale blubber that washed ashore near Homer, Alaska.

The USA also proposed that delegations enter into formal discussions with the aim of amending the name of the sub-committee and its terms of reference to reflect better the actual work undertaken. The sub-committee agreed to draw this to the attention of the Technical Committee.

New Zealand introduced an excerpt from a formal communique issued by the South Pacific Forum in August 1993 relevant to the IWC.

Japan drew attention to the fact that it was not solely the responsibility of the 'destination' country to investigate allegations of whale meat smuggling and urged other member countries to investigate the source of this illegal trade.


8.2 Action arising
In the Plenary, Japan commented on the new USSR data now becoming available. In particular it mentioned the under-reporting of catches of blue and pygmy blue whales, but the over-reporting of some other species. It noted that most of these falsifications occurred before 1972 when the International Observer Scheme was implemented. It asked the Russian Federation to provide the true records as fully and as soon as possible.

The USA believed that it is not possible to verify if the data provided after 1972 are correct and it would take up this matter in discussion of the Comprehensive Assessment. The USA also indicated that discussions on the name and terms of reference of the sub-committee were not finished and proposed that these discussions should be resumed next year.

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