Resolution 2004-3

Body

Resolution 2004-3
RESOLUTION ON WHALE KILLING ISSUES
RECOGNISING THAT welfare considerations for cetaceans killed for food is of international concern;
NOTING THAT Article V.1.f of the International Convention for the Regulation of Whaling empowers the
Commission to amend the Schedule “to adopt regulations with respect to the conservation and utilisation of
whale resources by fixing ... types and specifications of gear and apparatus and appliances which may be
used”, and that the Commission has exercised this welfare mandate through modification of the schedule and
adopting 15 resolutions on welfare aspects of whaling which have established several technical fora for
addressing welfare issues;

RECALLING THAT the IWC has defined “Humane Killing” as “Death brought about without pain, stress,
or distress perceptible to the animal. That is the ideal. Any humane killing technique aims first to render an
animal insensitive to pain as swiftly as technically possible. In practice this cannot be instantaneous in the
scientific sense” (IWC/33/15 & IWC/51/12) and that, in order to determine whether these criteria are met,
various data must be collected from whaling operations;

FURTHER RECOGNISING that the IWC criteria used to determine death or irreversible insensibility are
inadequate; while also recognising that the IWC Working Group and Workshops on Whale Killing Methods
are attempting to develop criteria to more adequately determine death or irreversible insensitivity both
operationally and from post-mortem approaches;

NOTING THAT the efficiency of killing methods is influenced by many factors including the calibre of the
weapon used, the nature of the ammunition, the target area of the whale, the angle of the shot, the proximity
of the whale to the vessel, the accuracy of the gunner, prevailing weather conditions and sea state, including
sea ice, and the size and species of the whale targeted;

NOTING FURTHER THAT data collection requirements are not being met in some hunts, while
appreciating that efforts have been made by some member nations to provide available data;

RECALLING that Contracting Parties should make reasonable attempts to release alive, with the minimum
harm possible, whales that have been incidentally captured (IWC Resolution 2001-4), but that the
Commission has not considered the welfare implications of this practice nor the killing methods that might
be employed if the whale cannot be released;

NOTING WITH CONCERN THAT the number of whales struck in some hunts can have significant welfare
implications, while appreciating the efforts of certain member nations, especially Norway, to improve the
humaneness of their hunts through weapons improvement programs and increased hunt efficiency;

NOW THEREFORE THE COMMISSION:
EXPRESSES CONCERN, in light of its mandate and long-standing commitment to address welfare issues,
that current whaling methods do not guarantee death without pain, stress or distress; that data presently
collected and submitted to the Commission are of insufficient quality or completeness for it to make a fully
informed assessment of the welfare implications of all whaling operations; and that the criteria currently
used to determine the onset of death or irreversible insensibility are inadequate;

REQUESTS THE SECRETARIAT TO update the data collection form for the reporting of data in order that
contracting governments may report data for each whale taken, the killing method used and samples taken;

REQUESTS the IWC57 annual meeting to reconvene the Working Group on Whale Killing Methods and
Associated Welfare issues, to examine methods for reducing struck and lost rates in whaling operations and
to consider the welfare implications of methods used to kill whales caught in nets;

REQUESTS the Working Group on Whale Killing Methods and Associated Welfare Issues to advise the
Commission on:

establishing better criteria for determining the onset of irreversible insensibility and death;
methods of improving the efficiency of whale killing methods and
reducing times to death and other associated welfare issues.

Status
Adopted

Resolution 2004-2

Body

Annual Report of the International Whaling Commission 2004
56th Annual Meeting, 2004
Resolution 2004-2
RESOLUTION ON JAPANESE COMMUNITY-BASED WHALING
WHEREAS, since 1986, the International Whaling Commission has repeatedly discussed in-depth the
importance of history and culture of Japanese traditional whaling at its various working groups and the
Commission itself;

Whereas the International Whaling Commission, recognising the socio-economic and cultural needs of the
four community-based whaling communities in Japan (Abashiri, Ayukawa, Wadaura and Taiji), has
repeatedly resolved to work expeditiously to alleviate the distress to the communities which has resulted
from the cessation of minke whaling (first, IWC/45/51; most recently, IWC Resolution 2001-6);

WHEREAS, more recently, the Summits of Japanese Traditional Whaling Communities were held in three
consecutive years in Japan (Nagato, Yamaguchi in 2002, Ikitsuki, Nagasaki in 2003, and Muroto, Kochi in
2004) and they have further examined the long-lasting whaling history and culture which are deeply rooted
in various places of Japan, not only in four community-based whaling communities but also throughout
Japan;

WHEREAS the Summits acknowledged that archaeological findings have shown that the ancient Japanese
could have started to utilise beached whales at least 9,000 years ago, could have begun active hunting of
dolphins and porpoises at least 5,000 years ago, and could have launched grand-scale active hunting of large
whales at least 2,000 years ago;

WHEREAS the Summits emphasised that, among others, holding the philosophy and having skills to utilise
whales fully was and is the core essence of the Japanese whaling culture;

WHEREAS the Declarations adopted at the Summits (the 2002 Nagato Declaration, the 2003 Ikitsuki
Declaration, and the 2004 Muroto Declaration) pledged that Japanese time-honoured whaling traditions and
culture are to be passed onto the future generations; and

WHEREAS various UN conventions, treaties, and other documents upheld the importance of sustainable use
of natural resources in general and the significance of continued customary resource use for communities;

NOW THEREFORE BE IT RESOLVED THAT THE COMMMISSION:
REAFFIRMS the Commission’s commitment to work expeditiously to alleviate the continued difficulties
caused by the cessation of minke whaling to the communities of Abashiri, Ayukawa, Wadaura and Taiji, and

ENCOURAGES IWC members to co-operate towards a resolution of this matter.

Status
Adopted

Resolution 2004-1

Body

Annual Report of the International Whaling Commission 2004
56th Annual Meeting, 2004
Resolution 2004-1
RESOLUTION ON WESTERN NORTH PACIFIC GRAY WHALE
CONCERNED that the IUCN listed the western gray whale as “critically endangered” in 2000 because of its
geographic and genetic isolation combined with the small population size of about 100;

FURTHER CONCERNED that the Scientific Committee has noted that only 23 reproductive females are
known;

NOTING that the Scientific Committee in 2004 strongly agreed that the evidence that this population is in
serious danger of extinction is compelling;

RECALLING that in 2001 the Commission passed a Resolution (Resolution 2001-3) calling on range states
and others to actively pursue all practicable solutions to eliminate anthropogenic mortality in the western
North Pacific gray whale stock and to minimise anthropogenic disturbances in the migration corridor and on
their breeding and feeding grounds;

DEEPLY CONCERNED by the report of the 2004 Scientific Committee that states that the recovery and
growth of the population appear to be hindered by a variety of biological difficulties and that the onset of oil
and gas development programs is of particular concern with regard to the survival of this population;

NOTING the management recommendations of the 2004 Scientific Committee that as a matter of absolute
urgency measures are taken to protect this population and its habitat off Sakhalin Island;

NOTING that although there already was independent scientific advice, there is, nevertheless, a continued
need for expert and independent scientific advice on the effects that oil and gas development projects might
have on the western North Pacific gray whale stock.

NOTING that in recent years significant resources and effort in studying the western North Pacific gray
whale stock near Sakhalin Island, and that in view of the uncertainty over the possible negative impacts on
the population and its habitat by current oil and gas activities, this kind of research and monitoring must be
continued in greater detail as oil and gas activities increase in scale.

FURTHER NOTING that the International Whaling Commission is internationally recognised as having
competence for the management and conservation of whale stocks, has a wealth of scientific knowledge and
expertise and has been reviewing research on the western gray whale population off the Sakhalin Island
since 1995.

NOW THEREFORE THE COMMISSION:
CALLS UPON range states and others to be mindful of Resolution 2001-3 when contemplating exploration
projects in and around Sakhalin Island and to continue to observe the recommendations to actively pursue all
practicable actions to eliminate anthropogenic mortality in this stock and to minimise anthropogenic
disturbances in the migration corridor and on breeding and feeding grounds;

ENDORSES all conclusions and recommendations of the 2004 Scientific Committee concerning western
gray whales including that:

(1) “as a matter of absolute urgency that measures be taken to protect this population and its habitat off
Sakhalin Island”;

(2) “strongly recommends that the ongoing Russian-US and Russian and Republic of Korea national
programmes on western gray whale research and monitoring continues and expands into the future”;

(3) “strongly recommends that all range states develop or expand national monitoring and research
programmes on western gray whales”;

(4) “strongly recommends that in situations when displacement of whales could have significant
demographic consequences, seismic surveys should be stopped.”

REQUESTS that the Secretariat urgently offers its services and scientific expertise to the organisations
concerned with oil and gas development projects and potential exploration projects in the Sakhalin area, and
provides them with the findings of any relevant research and Scientific Committee reports;

FURTHER REQUESTS that the Secretariat makes every effort to actively participate and provide advice
and expertise at any international expert panels convened to consider the impacts on the western gray whale
of oil and gas development projects in and around Sakhalin Island.
FURTHER REQUESTS that the Commission request all the range states to develop, begin or continue
scientific research programmes on the migration, distribution, breeding, population assessment and other
research of the entire range of the western gray whale.

Status
Adopted

Resolution 2005-4

Body

Resolution 2005-4
RESOLUTION TO ADVANCE THE RMS PROCESS
THE COMMISSION:
AGREES to hold an intersessional meeting to advance the work of the Working Group on the Revised Management
Scheme (RMS) and that of the Small Drafting Group, as established by Resolution 2004-6, with particular emphasis on
any outstanding issues and taking as a starting point the Group’s report to this Commission (IWC/57/RMS 3).

AGREES to hold a meeting of the RMS Working Group in connection with IWC 58 to discuss the remaining issues that
must be resolved before adoption of the RMS can be considered.

AGREES to consider, if appropriate, ministerial, diplomatic, or other high-level possibilities to resolve these issues
among the Contracting Governments to the Convention.

 

Agreed
PROPOSAL FOR A WORKSHOP ON WHALE KILLING METHODS AND ASSOCIATED WELFARE
ISSUES AT IWC58

RECALLING that the scientific Workshop on Whale Killing Methods and Associated Welfare Issues held prior to
IWC55 in 2003, adopted a Revised Action Plan that encourages the IWC to hold a further scientific and technical
workshop in 3-5 years;

NOTING that the Revised Action Plan on Whale Killing Methods, as noted in the Chair’s report of the 2003 Workshop,
recommends continued improvements in data collection and reporting; technical development of killing methods, and
criteria and methods to determine death;

RECOGNISING that the Chair’s report of the 2003 Whale Killing Methods and Associated Welfare Issues scientific
workshop surmises that penthrite grenade technology represents the current state of ‘best practice’ for a primary killing
method;

RECOGNISING the inherent importance of safety for whaling vessel crews in all proposals to improve whale killing
methods;

NOTING that the Working Group on Whale Killing Methods and Associated Welfare Issues agreed to convene a
workshop meeting at IWC 58;

NOW THEREFORE THE COMMISSION:
AGREES the following Terms of Reference for the Workshop on Whale Killing Methods and Associated Welfare
Issues at IWC 58;

The Workshop shall build on advances from previous years to consider the following issues and make
recommendations as appropriate:

1. Practical criteria for determining the onset of irreversible insensibility and death;
2. Means of improving the efficiency of whale killing methods;
3. Reducing times to death and other associated welfare issues;
4. Means for reducing struck and lost rates in whaling operations;
5. The welfare implications of methods used to kill whales caught in nets where they are not released alive;
and

6. Practicable methods of reviewing and collecting data from aboriginal hunts
Safety issues for the crew members of whaling vessels shall be taken into account in all proposals regarding
improvements to existing and new methods, and gear, e.g. killing methods for whales caught in nets. Cost issues for
aboriginal subsistence hunters shall also be taken into account.

In considering these issues the Workshop shall have regard, inter alia, to data furnished to the Working Group on Whale
Killing Methods and Associated Welfare Issues and also to relevant comparative data from the killing of other large
mammals.

Agreed
TERMS OF REFERENCE FOR COMPLIANCE WORKING GROUP
(1) To explore ways to strengthen compliance by analyzing the range of possible legal, technical, and
administrative measures available to the Commission which are consistent within the ICRW.

(2) To explore possible mechanisms to monitor and possibly address non-compliance of contracting governments
consistent with the ICRW and international law

Status
Adopted

Resolution 2005-3

Body

RECALLING Resolution 2001-3, which inter alia called on range states and others to actively pursue all practicable
actions to eliminate anthropogenic mortality and minimize anthropogenic disturbance to the western gray whale
population; and Resolution 2004-1, which inter alia called upon range states to develop or expand national monitoring
and research programmes on western gray whales;

WELCOMING the report of the Independent Scientific Review Panel (ISRP) set up by IUCN, to which the IWC
Secretariat contributed, the work carried out under the Russian national program, and the work carried out under the
Russia-US program;

WELCOMING the cooperation between Sakhalin Energy Investment Corporation Ltd (SEIC) and IUCN to address the
potential impacts of their oil and gas activities on western gray whales;

WELCOMING the desire to re-route the planned platform-to-shore oil and gas pipelines around instead of through the
gray whale feeding ground off Piltun Lagoon;

REMAINING CONCERNED that noise generated during the pipeline, platform emplacement and onshore construction
in the coming season will impinge upon the Piltun feeding ground;

ENCOURAGED by the finding of the Review Panel that the population of Western Gray Whales appears to have
increased over the period 1994-2003, even using low abundance estimates; but

CONCERNED that the Review Panel found that the population includes less than 30 reproductive females, and that one
population model using the lowest abundance level of all presented found that a hypothesised additional death of just
one female whale per year could drive the population to extinction before 2050;

NOTING WITH CONCERN that, despite the efforts by the Japanese authorities and peoples concerned not to disturb
the animal and release it from entanglement, a female gray whale was drowned in a set net in Tokyo Bay on May 10,
2005;

NOW THEREFORE THE COMMISSION:
CALLS upon range states to take all practical measures to avoid all anthropogenic mortality, and in particular to
develop and implement strategies to prevent accidental deaths;

CALLS UPON all organisations concerned with oil and gas projects to take all practicable measures to ensure that
received noise levels in the Piltun feeding ground are reduced to a minimum and are in accordance with any future
recommendations of the IWC Scientific Committee;

SUPPORTS the ISRP proposal for a comprehensive strategy to save western gray whales and their habitat;
FURTHER CALLS UPON all organisations, range states, authorities, scientists and other stakeholders concerned with
developments in the waters around Sakhalin Island to support the efforts to develop a framework for collaborative
research, monitoring and mitigation efforts between oil companies, independent experts, national programmes and
authorities and the IWC and other intergovernmental organisations, and that they share all relevant data collected;

REQUESTS the Secretariat continue to offer its services and scientific expertise to appropriate collaborative efforts to
develop a comprehensive strategy and ensure continued effective monitoring of the population.

Status
Adopted

Resolution 2005-2

Body

Resolution 2005-2
RESOLUTION ON FACILITATING CLOSER COOPERATION AMONG THE RANGE STATES TO
EXPEDITE THE SIGHTING SURVEY ON THE MINKE WHALES OFF KOREAN PENINSULA

RECOGNISING THAT the common minke whale stock migrating off Korea, Russia, China and Japan should be
conserved and managed appropriately, and that the Scientific Committee is now preparing the in-depth assessment for
this stock;

NOTING THAT the spatio-temporal coverage of the past research on this stock for a population assessment was
restricted and that data and samples for stock identification are still insufficient;

NOTING THAT the Commission has classified this stock as a “Protected Stock” and a comprehensive assessment has
not been conducted during the past twenty years;

NOW THEREFORE THE COMMISSION:
WELCOMES a workshop for non-lethal research collaboration on this stock to be held in Ulsan early in 2006 to be
hosted by the Republic of Korea and encourages all range states and other interested parties to participate in the
workshop;

REQUESTS the relevant countries that have unsurveyed waters under their jurisdictions to conduct cooperative non-
lethal scientific research for the 2006 surveys;

RECOMMENDS THAT scientists from range states and other countries to collaborate in association with the IWC
Scientific Committee and harmonize efforts to develop a research program and conduct analysis of data, and that funds
to be provided.

Status
Adopted

Resolution 2005-1

Body

RESOLUTION ON JARPA II
AWARE that Article VIII of the International Convention for the Regulation of Whaling allows Contracting
Governments to grant Special Permits for the purpose of scientific research on whales;

RECALLING that since the moratorium on commercial whaling came into force in 1985/86, the IWC has adopted
over 30 resolutions on Special Permit whaling in which it has generally expressed its opinion that Special Permit
whaling should: be terminated and scientific research limited to non-lethal methods only (2003-2); refrain from
involving the killing of cetaceans in sanctuaries (1998-4); ensure that the recovery of populations is not impeded
(1987); and take account of the comments of the Scientific Committee (1987).

ALSO RECALLING Resolution 2003-3 that no additional Japanese Whale Research Program under Special Permit in
the Antarctic (JARPA) programs be considered until the Scientific Committee has completed an in-depth review of the
results of JARPA;

FURTHER RECALLING that earlier this year the Government of Japan concluded JARPA - an 18-year program of
whaling under Special Permit in Antarctic waters;

NOTING that the results of the JARPA program have not been reviewed by the Scientific Committee this year;
CONCERNED that more than 6,800 Antarctic minke whales (Balaenoptera bonaerensis) have been killed in Antarctic
waters under the 18 year of JARPA, compared with a total of 840 whales killed globally by Japan for scientific research
in the 31 year period prior to the moratorium;

NOTING that it is the Government of Japan’s stated intention to more than double the annual catch of Antarctic minke
whales and also take 50 fin whales (B. physalus) and 50 humpback whales (Megaptera novaeangliae) under the
proposed JARPA II program;

NOTING that the Third Circumpolar Survey indicates that the abundance of Antarctic minke whales is substantially
lower than the earlier estimate of 760 000, and that the Scientific Committee is working to identify factors contributing
to the differences between the two surveys;

CONCERNED that there are no agreed data to indicate that endangered fin whale populations have increased since the
cessation of whaling;

ALSO NOTING that some humpback whales which will be targeted by JARPA II belong to small, vulnerable breeding
populations around small island States in the South Pacific and that even small takes could have a detrimental effect on
the recovery and survival of such populations;

ALSO CONCERNED that JARPA II may have an adverse impact on established long-term whale research projects
involving humpback whales;

NOW THEREFORE THE COMMISSION:
REQUESTS the Scientific Committee to review the outcomes of JARPA as soon as possible; and
STRONGLY URGES the Government of Japan to withdraw its JARPA II proposal or to revise it so that any
information needed to meet the stated objectives of the proposal is obtained using non-lethal means.

Status
Adopted

Resolution 2006-3

Body

Resolution 2006-3
FRENCH AND SPANISH AS WORKING LANGUAGES OF THE COMMISSION
AWARE of the internationally accepted difference between ‘official languages’ and ‘working languages’ in the
operations of international conventions;

FURTHER AWARE of the necessity for international organizations to protect the Sovereign Rights and the
cultural values of their members;

WELCOMING the increasing number of French speaking countries becoming members of the Commission;
CONSCIOUS of the difficulties inherent to the implementation of new working languages within the
Commission, but wishing to make concrete progress in this direction;

RECALLING the several discussions that took place since IWC56 regarding the introduction of French as
working language of the Commission, as reported mainly in reports submitted to the Commission by the
Finances and Administration Committee;

NOTING with gratitude and appreciation the special contribution made by the Governments of France and
Monaco towards an experimental implementation of the French language as a working language of the
Commission;

FURTHER NOTING with gratitude and appreciation efforts and contributions made by other members of the
Commission to assist with the implementation of French as a working language; and

RECOGNISING the excellent work performed by the Finances and Administration Committee and the
Secretariat

NOW THEREFORE THE COMMISSION:
INSTRUCTS the Secretariat to provide translation and interpretation in French and Spanish in accordance with
IWC/58/28 at the 2007 IWC Annual Meeting.

REQUESTS the Secretariat to investigate the possibility of recognising French and Spanish as working
languages of the Commission at the 2007 IWC Annual Meeting.

FURTHER REQUESTS the Secretariat before IWC/59 to develop options for the implementation of French
and Spanish at future meetings of the Commission, including possible time frame and cost implications for a
final decision to be taken at the 2007 IWC Annual Meeting.

Status
Adopted

Resolution 2006-2

Body

Resolution 2006-2
RESOLUTION ON THE SAFETY OF VESSELS ENGAGED IN WHALING AND WHALE
RESEARCH-RELATED ACTIVITIES

WHEREAS the safety of vessels and crew and the order of maritime navigation are, and have long been, the
common interest of nations worldwide,

WHEREAS the Commission and Contracting Governments support the right to legitimate and peaceful forms of
protest and demonstration,

MINDFUL of the fact that issues relating to confrontation between vessels at sea and in port have been
discussed by this Commission as well as other international fora including the International Maritime
Organization,

RECOGNISING the fact that domestic and international concerns have been expressed concerning
confrontation at sea and port relating to whaling and whale research activities,

SERIOUSLY CONCERNED that dangerous confrontations risk human life, property, and the order of
maritime navigation, and may lead to grave accidents,

RECALLING the International Regulations for preventing Collisions at Sea which set uniform principles and
rules for avoiding collisions at sea,

RECALLING further the guidelines of the International Maritime Organization relating to consultation and
cooperation in marine casualty investigations,

NOW THEREFORE THIS COMMISSION,
AGREES AND DECLARES that the Commission and its Contracting Governments do not condone any
actions that are a risk to human life and property in relation to these activities of vessels at sea, and urges persons
and entities to refrain from such acts;

ENCOURAGES Contracting Governments to take appropriate measures, consistent with IMO guidelines, in
order to ensure that the substance and spirit of this Resolution are observed both domestically and
internationally.

Status
Adopted

Resolution 2006-1

Body

Resolution 2006-1
ST. KITTS AND NEVIS DECLARATION
EMPHASISING that the use of cetaceans in many parts of the world including the Caribbean, contributes to
sustainable coastal communities, sustainable livelihoods, food security and poverty reduction and that placing
the use of whales outside the context of the globally accepted norm of science-based management and rule-
making for emotional reasons would set a bad precedent that risks our use of fisheries and other renewable
resources;

FURTHER EMPHASING that the use of marine resources as an integral part of development options is
critically important at this time for a number of countries experiencing the need to diversify their agriculture;

UNDERSTANDING that the purpose of the 1946 International Convention for the Regulation of Whaling
(ICRW) is to ‘provide for the proper conservation of whale stocks and thus make possible the orderly
development of the whaling industry’ (quoted from the Preamble to the Convention) and that the International
Whaling Commission (IWC) is therefore about managing whaling to ensure whale stocks are not over-harvested
rather than protecting all whales irrespective of their abundance;

NOTING that in 1982, the IWC adopted a moratorium on commercial whaling (paragraph 10 e of the Schedule
to the ICRW) without advice from the Commission’s Scientific Committee that such measure was required for
conservation purposes;

FURTHER NOTING that the moratorium which was clearly intended as a temporary measure is no longer
necessary, that the Commission adopted a robust and risk-averse procedure (RMP) for calculating quotas for
abundant stocks of baleen whales in 1994 and that the IWC’s own Scientific Committee has agreed that many
species and stocks of whales are abundant and sustainable whaling is possible;

CONCERNED that after 14 years of discussion and negotiation, the IWC has failed to complete and implement
a management regime to regulate commercial whaling.

ACCEPTING that scientific research has shown that whales consume huge quantities of fish making the issue a
matter of food security for coastal nations and requiring that the issue of management of whale stocks must be
considered in a broader context of ecosystem management since eco-system management has now become an
international standard.

REJECTING as unacceptable that a number of international NGOs with self-interest campaigns should use
threats in an attempt to direct government policy on matters of sovereign rights related to the use of resources for
food security and national development;

NOTING that the position of some members that are opposed to the resumption of commercial whaling on a
sustainable basis irrespective of the status of whale stocks is contrary to the object and purpose of the
International Convention for the Regulation of Whaling;

UNDERSTANDING that the IWC can be saved from collapse only by implementing conservation and
management measures which will allow controlled and sustainable whaling which would not mean a return to
historic over-harvesting and that continuing failure to do so serves neither the interests of whale conservation nor
management;

NOW THEREFORE:
COMMISSIONERS express their concern that the IWC has failed to meet its obligations under the terms of the
ICRW and,

DECLARE our commitment to normalising the functions of the IWC based on the terms of the ICRW and other
relevant international law, respect for cultural diversity and traditions of coastal peoples and the fundamental
principles of sustainable use of resources, and the need for science-based policy and rulemaking that are
accepted as the world standard for the management of marine resources.

Status
Adopted