(from "Chairman's Report of the Fifty-First Annual Meeting")
13.1.1 Inspection and observation schemes
The Chairman of the Working Group recalled that at the end of the 1998 meeting
Japan had offered to revise Chapter V of the Schedule: Inspection and
Observation Scheme.
He invited Japan to introduce its paper.
Japan explained that it had prepared the revised draft which reflected amendments to the main outstanding issues (inspection, observation, supervision and control). However, as adoption would require changes to other chapters these had also been incorporated in the revised draft Schedule. One major consequential amendment would be the deletion of paragraph 10(e) in Chapter III.
Japan said that most of the revisions centered around discussions at the last meeting, for instance in relation to the activities of inspectors and observers, and that it had tried to separate and distinguish between pelagic and coastal whaling. Some additional and specific modifications had been included in response to previous discussions on issues such as status of observers, costs and the question of waivers.
The USA, UK and New Zealand congratulated Japan on its hard work in compiling the document but pointed out that they had some difficulty with the process; in particular, as the revised text had only been circulated the previous evening there had been insufficient time to consider it and to consult respective national governments. Therefore, while agreeing to discuss the text and primarily Chapter V, they emphasised that lack of comment should not be considered as acceptance and reserved the right to submit comments in writing.
Subsequently, a number of possible options were proposed for taking work forward:
Following discussion on how to consider the revised text it was agreed that the Working Group should quickly go through the document, and Chapter V in particular, to determine whether it would be possible to agree any points at this stage and to identify outstanding issues or areas of disagreement which would need to be addressed at a further meeting. It was agreed that the next revision document should include options (clearly marked in square brackets) in areas of disagreement.
13.1.1.1 INTERNATIONAL OBSERVERS' RIGHTS
The Working Group went on to consider the individual paragraphs set out in
Chapter V in some detail.
This included the results of the investigations the Secretary had undertaken
following the last meeting to determine observers' rights under other
international fisheries agreements.
CCAMLR operated various bilateral arrangements and designated observers
remained subject to the jurisdiction of the Contracting Party of which they
are nationals.
IATTC maintained a pool of technicians who were not required to sign any
waiver.
Discussions with the International Labour Organisation (ILO) had indicated
that IWC observers would not be protected by any ILO Conventions and it seemed
fair and proper for the IWC and/or national governments to provide adequate
insurance.
The Chairman summarised discussion by saying that the Working Group had gone through the text of the revised Chapter V and taken note of remarks and questions. The proposal made earlier was that delegations should have the opportunity to send written comments to the Chairman who would revise the text on the basis of all the comments received. He would then consult with those with a particular interest in this matter and circulate a revised draft, with alternative options set out in square brackets, before the next meeting. The Chairman noted that the Working Group could not carry forward the incorporation of the RMP and other elements of the RMS into the Schedule at this stage.
It was agreed that the Working Group should recommend to Plenary that the next meeting to discuss the RMS should take place immediately before the next annual meeting in Australia.
13.1.2 Total catches over time
In Resolution 1998-2 the Commission had agreed that catch limits for
commercial purposes for any species of whale in any region should be
calculated by deducting all human-induced mortalities that were known or could
be reasonably estimated, other than commercial catches, from the total
allowable removal and had asked the Scientific Committee to provide advice on
this for consideration for inclusion in the RMS.
The Scientific Committee took Resolution 1998-2 into account when setting up the Implementation Simulation Trials for North Pacific minke whales. However, it seemed that there had been some misunderstanding of the Commission's request as set out in Resolution 1998-2 and the Scientific Committee would try to provide suitable wording for consideration by the Commission for inclusion in the RMS in time for next year's meeting. It was agreed that the Scientific Committee should take this forward.
13.1.3 Other matters
The Chairman of the Scientific Committee reported on progress under the agenda
item 'Completion of CLA programme and tuning'.
The Norwegian Computer Centre had been approached about completing the work
needed to meet the most important requirements of re-coding the CLA
program.
Once testing was successfully completed the Secretariat would use the program
to determine a more accurate value for the tuning parameter.
Results would be reported to the next meeting of the Scientific Committee.
The Chairman of tine Scientific Committee then drew attention to the fact that the Committee had also addressed a number of items that did not require the immediate attention of the Commission and was continuing work related to:
In relation to the latter, the Working Group endorsed the recommendation that in cases where there is uncertainty about future catches, the effects should be investigated through case-specific Implementation Simulation Trials.
Turning to survey data, the Chairman of the Scientific Committee noted that the Secretariat had received Icelandic sighting data but that there had been insufficient time to develop guidelines on the use of survey data from non-member nations. The Scientific Committee would endeavour to do so for the next meeting.
13.1.4 Schedule amendments
No Schedule amendments were proposed.
13.2 Action arising
13.2.1 Recommendations from the Working Group
It was agreed that member governments should provide written comments to the
Chairman of the Working Group on the draft text and that a further revised
text would be circulated prior to the next Annual Meeting for discussion in
an extended RMS Working Group.
In the Technical Committee, Spain suggested comparison with the schemes of similar organisations, and the inclusion of control and inspection of market products.
Japan introduced a further revised draft to incorporate the points raised in the Working Group in order to finalise the text quickly and so allow a resumption of whaling.
Many delegations thanked and commended Japan for its considerable effort in undertaking this work. However, a number, including New Zealand, UK, USA, Spain and Switzerland were simply not in a position to accept or reject anything at such short notice.
A number of delegations, including Antigua and Barbuda, St Lucia, St Vincent and The Grenadines and the Solomon Islands, agreed with Japan that decisions should be made now on the text, which included alternative language options. Discussion had been going on every year since 1993 with no decisions, and there should be no more delay.
The Chairman of the Technical Committee concluded the discussion by recommending that the Commission should proceed as the Working Group had suggested. The Chairman of the Working Group indicated he would ask for detailed comments on the latest text by mid-October, from which he would prepare a revised draft to be circulated by the Secretariat. This process would finish by February 2000, in good time before the discussion at the 52nd Annual Meeting in Australia.
Japan stated that this proposal was not acceptable because it does not make sense to decide the future procedures without trying to make good faith efforts to finalise the draft at this meeting.
In the Commission Japan pointed out that the Working Group had met six days earlier, the Technical Committee the day before, and still the USA could not comment, and it reaffirmed its wish to complete Chapter V. The Chairman recalled that a number of governments had indicated that they needed more time.
The UK commented that it had consistently participated in discussions in a constructive way and had sent its detailed comments to the Chairman of the Working Group last year. The new Japanese draft had not been available well in advance and it was not reasonable to provide detailed comments without time to examine the text. Some key elements are not covered, such as spot checks on whale products. The Working Group had proposed a practical way forward, any text for a Schedule amendment had to be distributed 60 days in advance, and the UK was tired of the games being played.
Japan responded by requesting that any missing text should be forwarded.
The USA was in complete agreement with the UK, and it noted that the International Dolphin Conservation Programme Agreement had negotiating texts prepared in advance while here the text arrived the evening before the meeting.
The Chairman confirmed that the recommendations from the Working Group were adopted, and there would be a 2-3 day meeting before the 52nd Annual Meeting, the Advisory Committee to finalise details.
Japan concluded by wishing for a deadline for finalisation, remarking that paragraph 10(e) of the Schedule was meant to be reviewed by 1990 at the latest, and next year will be 2000.
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