8. INFRACTIONS, 1994 SEASON

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



8.1 Report of Infractions Sub-committee
The Sub-committee on Infractions met under the Chairmanship of Mr N. Kleeschulte (Germany). After considerable discussion the Sub-committee agreed unanimously that observers from non-members governments and inter-governmental organisations should be invited to attend. However, there was no unanimity over the admittance of non-governmental observers who were therefore not invited. A number of delegations expressed their disappointment.


8.1.1 Reports from Contracting Governments
The available information about whales taken under the regime of aboriginal subsistence whaling was summarised.

Surveillance of whaling operations
The infractions report submitted by the USA stated that 100% of the bowhead whale catch was under direct national inspection. Information on the system in Greenland was also provided.

Information required or requested under Section VI of the Schedule
The administrative checklists summarised information provided by Denmark and the USA. Norway had also submitted the required information.

Submission of national laws and regulations
The Republic of Korea informed the Sub-committee that it would provide the IWC Secretariat with copies of its most recent legislation before the next Annual Meeting.

Soviet catches in previous years
Last year the Russian Federation stated that it would report on its efforts to provide additional information on the falsification of catch records supplied to the BIWS by the former Soviet authorities when new information becomes available. There was no discussion on this Agenda Item.

Reports from Contracting Governments on the sources of and trade in whale meat and products
The Infractions Sub-committee concentrated on information and problems concerning the trade in whale meat and other whale products on the basis of the Resolution adopted by the Commission at the last year's Annual Meeting. Japan and Norway stated that they believed that it was inappropriate to discuss methods relating to control of trade in whale products in this Sub-committee as they consider this issue to be outside the scope of the Convention and that no IWC rules exist that can be violated. In particular, Japan pointed out the relevance of Article I of the Convention to this interpretation. However, Japan had provided information to the meeting because the Japanese Government was making serious efforts to prevent illegal trade in a national context.

Available information was summarised and three Governments submitted reports indicating that there was no illegal trade in whale products by their countries.

The minutes of an informal meeting on matters relating to the control of whale products were made available. The meeting was held in Japan from 19-20th April and involved experts from seven countries (Japan, People's Republic of China, Indonesia, Republic of Korea, Norway, Russian Federation and the USA). The meeting was informal and the report of the meeting does not necessarily reflect the official position of the Government to which meeting participants belonged.

The results of a feasibility study to examine the possible application of using mtDNA techniques to identify two species samples of eight products from the retail market were also presented. It was stressed that the results were preliminary and that further laboratory investigations were underway. However, it noted that the information presently available did not indicate any illegal trade.

Information was provided on known smuggling attempts of whale meat investigated and blocked by the Japanese authorities. Japan noted that it had involved a considerable amount of effort to compile this report from the original records.

Denmark stated that despite some rumours circulating among NGO's at this meeting that Greenlandic whale meat had been exported for commercial purposes, it had no information of any such exports.


8.1.3 Other matters
Following discussions last year, the USA stated that it now believes it premature to consider amending the name of terms or terms of reference of the Infractions Sub-committee, pending further progress in developing a scheme of supervision and control that include an IWC entity with oversight responsibilities.

Japan expressed its deep concern over whether this meeting was in fact open or closed. It noted that some NGOs had registered as both NGOs and national delegates. It requested that this should be referred to the Chairman of the Commission, whose suggestion that this should be discussed at a meeting of Commissioners was accepted.

The UK asked Denmark to comment on reports in the press that the Faroese Home Rule Government had removed the protected status from bottlenose whales. Denmark stated that no takes of bottlenose whales had occurred and it therefore believed that it was inappropriate for this matter to be discussed in the Sub-committee.


8.2 Action arising
In the Commission the USA expressed its concern over the increase in the Japanese market for whale products from legitimate sources, making illegal commerce in whale meat more difficult to control. Japan restated its view that this subject is outside the terms of the Convention, but reviewed its considerable efforts to enforce import and export regulations and control the markets, where there is a mismatch between supply and demand.

There was no action arising, any further comments on the trade question being deferred to Agenda Item 12.

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