Tag Archives: Paul Watson

Japan allows commercial whaling, withdraws from international pact

Frustrated by international condemnation over its whaling activities, the Japanese government has decided to allow commercial whaling outright within its territorial waters and exclusive economic zone.

Japanese officials announced this week that the country would withdraw from the International Whaling Commission, which oversees international agreements for managing whales — including a worldwide ban against killing nearly all whales.

As a result, the Japanese whaling fleet will no longer travel to the Antarctic to kill whales, which the government justified for years under an exemption for “scientific” whaling. That whaling program, which killed 333 minke whales last year, failed to meet the requirements of scientific studies, according to a ruling by the International Court of Justice and findings by a scientific panel for the International Whaling Commission. See Water Ways, March 31, 2014.

Japan’s Chief Cabinet Secretary Yoshihide Suga said the move was a necessary consequence of the IWC’s failure to recognize its dual mandate of protecting whales and allowing an “orderly development of the whaling industry.” For 30 years, the Japanese government has been collecting information to show that whales can be sustainably harvested, Suga said in a statement, but it has become clear that the IWC is now focused only on conservation.

Most environmental groups condemned Japan’s pullout from the IWC.

“By leaving the IWC but continuing to kill whales in the North Pacific, Japan now becomes a pirate whaling nation, killing these ocean leviathans completely outside the bounds of international law,” said Kitty Block, president of Humane Society International and acting president of the Humane Society of the U.S.

“For decades Japan has aggressively pursued a well-funded whaling campaign to upend the global ban on commercial whaling,” she said in a news release. “It has consistently failed, but instead of accepting that most nations no longer want to hunt whales, it has now simply walked out.”

In Australia, Foreign Minister Marise Payne and Environment Minister Melissa Price said the government was “extremely disappointed” with Japan’s action.

“Their decision to withdraw is regrettable, and Australia urges Japan to return to the Convention and Commission as a matter of priority,” they said in a joint statement. “Australia remains resolutely opposed to all forms of commercial and so-called ‘scientific’ whaling. We will continue to work within the Commission to uphold the global moratorium on commercial whaling.”

Concerns with Japan’s withdrawal include the possibility that Japan will no longer report the number of whales killed and the potential of other countries following suit and starting whale hunting without consultation with the IWC.

“We are very worried that it might set a precedent and that other countries might follow Japan’s lead and leave the commission … especially South Korea where there is an interest in consuming whale meat in South Korea,” Astrid Fuchs of Whale and Dolphin Conservation told BBC News and reported in The Guardian.

“The oversight that the IWC was having over Japan’s whaling will now be lost,” she added. “We won’t know how many whales they are catching, we won’t know how they will report it. It might spell doom for some populations. There is an endangered population of Minke whales off Japan, which is already under threat.”

Most groups acknowledged that ending whaling in the Antarctic would be a good thing, and Capt. Paul Watson of Sea Shepherd took a celebratory posture about the prospect.

“I’m not quite sure why so many whale conservationists are upset by today’s announcement by Japan that they will be leaving the IWC,” Paul said in a Facebook post Wednesday. “After 16 years of intervening against Japan in the Southern Ocean Whale Sanctuary, I see this as a very positive development. It means that the whale war in the Southern Ocean is over and we and the whales have won. What we have fought for has been achieved — an end to whaling in the Southern Ocean.

“Japan leaving the IWC will allow the IWC to vote and pass the establishment of the South Atlantic Whale Sanctuary,” he added. “This means that the entire Southern Hemisphere will be free of whalers for the first time in history.”

Whaling remains illegal, Paul said, and Sea Shepherd will continue to oppose whaling with a variety of tactics. Now, it will be easier to build opposition, because Japan can no longer pretend that it is advancing scientific knowledge with its whaling operations. The only whaling nations left on Earth, he said, are Japan, Norway, Denmark and Iceland, and “they have been driven back to their own shores; the whalers of the world are in retreat.”

Sea Shepherd has not engaged the whaling fleet in “whale wars” — direct ship-to-ship confrontations — for the past two years, but the group claims to have driven up costs for the whalers, who have relied on government security boats and high-tech equipment to elude the anti-whaling activists. Those extra costs may have contributed to Japan’s decision to withdraw from the IWC. Also on the line was a discussion about whether the Japanese government should build a massive new ship for processing whale meat, a ship that won’t be needed in Japanese waters.

I’ve been reading about this situation in all kinds of publications, including English-language newspapers based in Japan. I would like to know if Japan intends to allow whalers to take the full self-imposed allotment of 333 minke whales during the current whaling season. The whaling fleet reportedly left for the Antarctic in early November and may be hunting for whales now. I have not yet learned whether the whaling fleet will come back early or take 333 whales before Japan pulls out of the IWC on July 1.

“With the Japanese whaling fleet hunting whales in our Southern Ocean, the Australian Government must demand they bring their fleet home immediately and take legal action if they don’t,” said Darren Kindleysides, CEO of the Australian Marine Conservation Society. In a written statement, he called it a “bittersweet victory” to get whaling out of the Southern Ocean but with “unchecked” commercial whaling to take place in Japan’s waters.

The IWC called a halt to commercial whaling in 1982. Japan complied with the moratorium at first but then developed scientific criteria to promote whaling under a special exemption. Scientists associated with the IWC, as well as the International Court of Justice, found that the criteria failed to meet true scientific standards and should not be allowed.

In September, Japan tried to persuade the IWC to relax its voting rules to allow changes to international rules on a simple majority vote, rather than three-fourths. That would have allowed Japan to rally a lot of non-whaling countries to support a resumption of commercial whaling, but the proposal was rejected along with a direct plan to allow commercial whaling.

In October, Japan agreed to stop the hunting of endangered sei whales in the North Pacific until its research program could be revised to comply with CITES — the Convention on International Trade in Endangered Species. A standing committee of CITES found that Japanese “research” whaling on sei whales actually contributed to an illegal sale of endangered species, according to a news release and report on the findings (PDF 1.2 mb). Sei whales are killed outside of Japan’s home waters, so the market is considered international.

The Japanese government contended that the sales were not a violation of CITES’ conventions, because all the proceeds were put back into research. Still, those officials said a new plan will be submitted for approval.

The issue is scheduled for review at the committee’s next meeting in May to determine if Japan has carried through on its commitment to stop commercial trade in sei whale meat. Japan had been planning to allow a harvest quota of 134 sei whales per year.

As for whaling off the coast of Japan, an offshore operation will be based at Shimonoseki in Yamaguchi Prefecture, while coastal operations will be based at Abashiri and Kushiro on the island of Hokkaido and four other seaports.

Although whale meat was an important staple for Japan following World War II, few Japanese people eat whale meat today. In some ways, however, whaling is still a matter of tradition for many Japanese people. Some have speculated that Japan’s withdrawal from the IWC is a face-saving way for the government to reduce its expenses for whale hunting while asserting its traditional right to take whales in its own waters.

A 2014 survey by the national Asahi Shimbun newspaper found that 60 percent of those questioned supported the “scientific” whaling program, yet only 10 percent eat whale meat “fairly frequently.” Another 4 percent said they eat whale meat “sometimes.” Nearly half (48 percent) said they have not eaten whale meat for “a long time,” while 37 percent said they never eat it. The survey was reported by the news portal Phys Org.

In a recent article, Asahi Shimbun reported that companies involved in the fishing industry are not eager to resume whaling.

“We have no plans to resume the whaling business,” a public relations official of Maruha Nichiro Corp. told the newspaper. The company, previously named Taiyo Gyogyo K.K., had been engaged in commercial whaling in the Antarctic Ocean. Retailers also expressed apprehension about selling more whale meat.

In 1962, about 233,000 tons of whale meat were consumed in Japan, according to the article. Today, annual consumption ranges between 3,000 tons and 5,000 tons.

BBC reporter Rupert Wingfield-Hayes tackled the issue two years ago and found that many Japanese were smoothly transitioning to beef. His story and video report show him sampling a chunk of whale meat, which he finds chewy with a gamey flavor. For older folks in Japan, Rupert discovers that whale meat is simply a taste of nostalia.

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Sea Shepherd regroups, plans new battles with Japanese whalers

An organization called Sea Shepherd Global announced yesterday that it will take up the cause of battling Japanese whaling ships in the Southern Ocean of Antarctica later this year.

The announcement comes just days after court approval of a legal settlement, a deal that will forever block Sea Shepherd Conservation Society from confronting Japanese whalers on the high seas.

Sea Shepherd Global, based in The Netherlands, apparently is out of reach of the U.S. courts, which sanctioned the original Sea Shepherd group for its sometimes violent actions against the whalers. Sea Shepherd Conservation Society, the U.S. group, is led by its founder, Capt. Paul Watson, who had stepped down for a time.

The Ocean Warrior is a new ship added to Sea Shepherd Global's fleet. Photo: Gerard Wagemakers, courtesy of Sea Shepherd Global
The Ocean Warrior is a new ship added to Sea Shepherd Global’s fleet.
Photo: Gerard Wagemakers, courtesy of SSG

Sea Shepherd Global has mobilized its forces for what it calls the “11th direct-action whale defense campaign.” The group has built a new ship it claims can keep up with and surpass the Japanese harpoon ships. Anyone who has watched “Whales Wars,” the reality television series, probably knows that Sea Shepherd’s ships have suffered from a lack of speed and were often left in wake of the whaling vessels.

Sea Shepherd, with its fierce opposition to killing marine mammals, has always claimed to be on the right side of international law when it comes to whaling. Now its members are inspired by a 2014 ruling in the International Court of Justice, which found that whaling — at least as practiced by Japanese whalers — is not a scientific endeavor. The Japanese government has lost its only justification for whaling until it develops new scientific protocols acceptable to the International Whaling Commission. Review a discussion of these issues in Water Ways, March 31, 2014, with an update on Dec. 14, 2015.

Sea Shepherd Global also justifies its plans with a contempt-of-court citation filed by the Australian Federal Court against the Japanese whalers for killing protected whales within the Australia Whale Sanctuary. Japan, however, does not recognize the sanctuary nor the Australian jurisdiction.

“If we cannot stop whaling in an established whale sanctuary, in breach of both Australian Federal and international laws, then what hope do we have for the protection of the world’s oceans?” asked Jeff Hansen, managing director of Sea Shepherd Australia in a news release. “We must make a stand and defend whales with everything we’ve got.”

After the International Court of Justice ruling, the Japanese took a year off from whaling before submitting a new whaling plan, which was questioned by a scientific committee at the International Whaling Commission. Without waiting for approval, the whalers returned to the Southern Ocean last December. A limited Sea Shepherd fleet followed, but the whalers killed 333 minke whales — a quota approved by the Japanese government but nobody else.

Meanwhile, Sea Shepherd Conservation Society (SSCS) has been engaged in a legal battle with the Japanese-sponsored Institute of Cetacean Research in the U.S. courts. Initially, a U.S. district judge dismissed the Japanese claims. On appeal, however, the Ninth Circuit Court of Appeals called Sea Shepherd a “pirate” organization, ordered the group to stay away from the Japanese ships and eventually found Sea Shepherd in contempt of court for a peripheral involvement in the anti-whaling effort. Initial appeals court ruling: Water Ways, Feb. 26, 2013.

SSCS agreed to pay $2.55 million to settle a damage claim from Japan in light of the contempt ruling. The group had been hoping that Japan’s lawsuit in the U.S. courts would open the door for a countersuit, in which the illegality of Japanese whaling would spelled out and confirmed.

All legal claims and counterclaims were dropped in the settlement agreement (PDF 410 kb) between SSCS and the Institute of Cetacean Research. The agreement, approved last week by U.S. District Judge James Robart, says SSCS cannot approach Japanese whaling ships closer than 500 yards. SSCS cannot provide financial support to anyone else who would approach the Japanese ships in an aggressive way, including “any entity that is part of the worldwide ‘Sea Shepherd’ movement and/or uses or has used some version of the ‘Sea Shepherd’ name.”

The agreement mentions a “settlement consideration to be paid to Sea Shepherd Conservation Society,” although the amount has not been disclosed.

The Institute of Cetacean Research immediately issued a news release about the settlement. Paul Watson offered a three-pronged post on his Facebook page. One part was his own message, saying Sea Shepherd would remain opposed to whaling but would comply with the settlement provisions.

Another part was a statement from Capt. Alex Cornelissen, director of Sea Shepherd Global:

“The ruling in the US courts affects ONLY the US entity. All the other Sea Shepherd entities in the Global movement are not bound by the US legal system, the mere assumption that it does clearly demonstrates a lack of understanding of Sea Shepherd Global’s structure. Sea Shepherd Global and all other entities around the world, other than the USA, will continue to oppose the illegal Japanese whaling in the Antarctic.”

The third part was a quote from a BBC story:

“Jeff Hansen, managing director of Sea Shepherd Australia, told the BBC the U.S. ruling would ‘absolutely not’ affect its own operations. He said if the ICC (sic, ICR?) were to pursue Sea Shepherd in Australia ‘they would be entering into a court system they’re in contempt of, and we would welcome that.’”

In its statement yesterday, Sea Shepherd Global said it was disappointed that the international community has not taken more steps to protect whales in the Southern Ocean. Still, Sea Shepherd Global will be there with a new fast ship, the Ocean Warrior, built with the financial support of the Dutch Postcode Lottery, the British People’s Postcode Lottery and the Svenska PostkodLotteriet.

“For the first time, we will have the speed to catch and outrun the Japanese harpoon ships, knowing speed can be the deciding factor when saving the lives of whales in the Southern Ocean,” said Cornelissen.

The Ocean Warrior will undergo final preparations in Australia at the end of the year, about the time that Japanese whaling ships arrive for their anticipated harvest of marine mammals. And so the whale wars will go on but without any involvement from Paul Watson and his U.S. contingent.

By the way, Paul, who had been living in exile in France, has returned to the U.S., according to a news release from Sea Shepherd that recounts Paul’s history of fleeing from prosecutors in Japan and Costa Rica. Paul, 65, and his wife, Yanina Rusinovich, a Russian-born opera singer, are now living in Woodstock, Vermont, and expecting a baby in October.

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‘Whale Wars’ returns amid multiple legal entanglements

The seventh season of “Whale Wars” — a three-hour presentation premiering on Friday — follows on the heels of an unresolved contempt-of-court ruling against Sea Shepherd Conservation Society earlier this month.

Sea Shepherd captains (from left) Sid Chakravarty, Peter Hammarstedt and Adam Meyerson during 2014 Operation Relentless Sea Shepherd photo by Eliza Muirhead
Sea Shepherd captains (from left) Sid Chakravarty, Peter Hammarstedt and Adam Meyerson during 2014 Operation Relentless
Sea Shepherd photo by Eliza Muirhead

The new program, to be shown at 5 p.m. and again at 8 p.m. on Animal Planet network, documents the 2013-2014 Antarctic whaling season and the sometimes-violent confrontation between Sea Shepherd and Japanese whalers. Check out the Sneak Preview.

While Sea Shepherd faces some serious court rulings, the Japanese government finds itself in conflict with the International Court of Justice, which concluded that its “scientific” whaling program does not conform to scientific principles — which was the legal justification for the program — so the whaling must stop, at least for now. See Water Ways, March 24, 2014.

Paul Watson, founder of Sea Shepherd, appears to have ticked off the U.S. Ninth Circuit Court of Appeals, which first called his group a “pirate” operation in December 2012. The court issued an injunction to keep Sea Shepherd ships at least 500 feet away from the Japanese whaling vessels. (See Water Ways, Feb. 26, 2013.)

In its latest ruling on Dec. 19, the court says Watson and Sea Shepherd’s U.S. board of directors acted contrary to its injunction by shifting their anti-whaling operations over to the related group Sea Shepherd, Australia. In the court’s view, Watson should have done what was necessary to halt the anti-whaling tactics, not find a way to continue them. As Judge Milan D. Smith, Jr. wrote in his findings (PDF 127 kb):

“Sea Shepherd US’s separation strategy effectively nullified our injunction by ensuring that OZT (Operation Zero Tolerance) proceeded unimpeded, in part by using former Sea Shepherd US assets. Sea Shepherd US ceded control over OZT to Sea Shepherd Australia and other Sea Shepherd entities it believed to be beyond the injunction’s reach, knowing these entities were virtually certain to violate the injunction.

“At the same time, Sea Shepherd US continued to provide financial and other support for OZT after the injunction by, among other things, transferring for no consideration a vessel and equipment worth millions of dollars to Sea Shepherd Australia and other entities…

“Rather than instruct its employees to help prevent OZT, Sea Shepherd US effectively shifted these employees to its affiliates’ payrolls to ensure continued participation in a campaign it knew was very likely to result in violations of the injunction…

“Our objective in issuing the injunction was to stop Sea Shepherd from attacking the plaintiffs’ vessels. Sea Shepherd US thwarted that objective by furnishing other Sea Shepherd entities with the means to do what it could not after the issuance of the injunction. It has long been settled law that a person with notice of an injunction may be held in contempt for aiding and abetting a party in violating it.”

These court findings were all related to Operation Zero Tolerance, the Sea Shepherd campaign that ended in March of 2013. The ruling did not address Operation Relentless, which ended in March of 2014 and is the subject of Friday’s “Whale Wars” event. I wonder if Japan will attempt to use the U.S. courts to collect for damages related to the latest conflict.

The International Court of Justice ruling against the Japanese whaling operations seems to have had no effect on how the U.S. Court of Appeals views Sea Shepherd’s actions. Sea Shepherd’s activities were still illegal, the court ruled, and the injunction would still be needed if the whaling were to resume under conditions acceptable to the international court. See “order denying defendants’ motion to dismiss” (PDF 308 kb).

In fact, although whaling was suspended for the 2014-15 season, the Japanese government has submitted a new plan (PDF 2.3 mb) to resume whaling at this time next year. The plan calls for an annual harvest of 333 minke whales — as opposed to the previous plan to take 850 minkes, 50 humpbacks and 50 fin whales. For additional insight on the controversy, read Dennis Normile’s piece in Science Insider, affiliated with Science magazine.

As for the upcoming “Whale Wars” special, a news release from Animal Planet says the action will be as exciting as ever, even with Paul Watson gone from the scene:

“With Captain (Peter) Hammarstedt once again at the helm and tensions with the whalers at an all-time high, this new campaign will likely be the most aggressive and dangerous the Sea Shepherds have faced.”

This episode of “Whale Wars” was produced by Lizard Trading Company, using raw footage filmed by Sea Shepherd crew members. That’s similar to the arrangement for last year’s two-hour special. (See Water Ways, Nov. 7, 2013.)

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‘Whale Wars’ to return as two-hour special

“Whale Wars,” which chronicles dramatic high-seas clashes between Sea Shepherd Conservation Society and Japanese whalers, will be reduced to a two-hour television special this year. The program will run on Dec. 13 on the Animal Planet network.

whale wars

For five years, the program was produced as a weekly series. But we knew things were changing a year ago when Sea Shepherd decided to hire its own videographers instead of using an independent film crew associated with Animal Planet. Check out Water Ways, June 11, 2013.

Normally, the anti-whaling campaign ran through the summer whaling season in the Antarctic, generally from December into February or March. The series then followed each year in June. But this year the production was delayed, and it was hard to find out when the program would air or in what format.

Brian Eley, vice president of communications for Animal Planet, sent out a news release this morning explaining the new format with these highlights:

Capt. Paul Watson, the leader of Sea Shepherd, is no longer in charge of the anti-whaling campaign at sea. He was ordered by federal courts in the U.S. to keep his vessels back from the Japanese whaling ships. As I’ve reported, the campaign was turned over to Sea Shepherd Australia, which the organization contends is outside the jurisdiction of the U.S. courts.

“Leaderless and without Watson’s vast experience in aggressively engaging the whalers at sea, the Sea Shepherds are at a crossroads. Which one of the Sea Shepherds will take the mantle of leader and guide the group as they embark on their dangerous mission ‘to die for the whales?’”

Four captains are assigned to Sea Shepherd’s fleet, consisting of the Steve Irwin with Siddarth “Sid” Chakravarty at the helm; Bob Barker with Peter Hammarstedt; the trimaran Brigitte Bardot with Jean Yves Terlan; and the newest ship Sam Simon with Luis Manuel Pinho.

The actions of one of the rookie captains lead to tensions among the crew and the early retreat of one of the vessels, while another captain “makes a major decision that nearly causes a mutiny.”

Update, 5:30 p.m.: Brian Eley told me in an email that this year’s production was especially challenging. Animal Planet remained committed to following that actions of Sea Shepherd in the Southern Ocean, he said, but with all the “legal complexities” surrounding the organization, Animal Planet looked for an alternative to the formula used over the previous five years.

“We’re actually using the Sea Shepherds’ legal issues as a storytelling device in the special,” Brian said. “And because the Sea Shepherds’ shot the footage themselves, there was a delay in getting and then evaluating the thousands of hours of footage, so the series was delayed to this fall. What happened during their campaign was a story that made sense to produce as a two-hour special, not a multi-episode series.”

In another change this year, Animal Planet will offer a “ground-breaking, immersive online experience,” according to the news release. Included will be photos, video, interactive graphics and sound to produce a “powerful narrative that tells the tale of Watson and the Sea Shepherds, while also offering the perspective of the Japanese whalers whom they confront.” The new website will launch shortly before the television special.

Coincidentally, Watson and other members of Sea Shepherd are making an appearance this week in the U.S. Court of Appeals in Seattle, where they have argued that their actions did not violate the injunction issued last year. Reporter Gene Johnson wrote the story for The Associated Press.

In an interview with Agence France-Presse, Watson said one of the reasons he took the risk of being arrested this week was because he has not seen his granddaughter in 15 months. “So that was the most important thing about coming back.”

The next campaign in the Southern Ocean, still under the direction of Sea Shepherd Australia, is scheduled to begin on Dec. 1, according to Watson.

There’s still no word if Animal Planet will be involved in another “Whale Wars” television series or special.

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As whaling resumes, Sea Shepherd faces legal issues

Well, it’s that time of year again. The Japanese whaling fleet is headed toward the Antarctic to kill whales, and Sea Shepherd Conservation Society is waiting with an increased armada to frustrate the whaling effort.

The level of intrigue has increased substantially this year, as Capt. Paul Watson of Sea Shepherd has become an international fugitive and Sea Shepherd finds itself under a U.S. court order to maintain a safe distance from the Japanese fleet.

Even the television show “Whale Wars” could be different this year, as Sea Shepherd has hired its own camera crew. That move has left network executives at Animal Planet somewhat uncertain about the upcoming sixth season of the show.

SSS Sam Simon, the newest vessel in the Sea Shepherd fleet.Photo courtesy of Sea Shepherd
SSS Sam Simon, the newest vessel in the Sea Shepherd fleet. / Photo courtesy of Sea Shepherd

Japan’s Kyodo News reported that the Japanese “research whaling fleet” left the Shimonoseki Port in Western Japan last Friday. The Japan Times reported that the Japanese Fisheries Agency has authorized a take of up to 935 minke whales and 50 fin whales this year.

Sea Shepherd crews departed for the Southern Ocean in mid-December with four vessels, including the latest addition — the 184-foot SSS Sam Simon, a former Japanese government vessel once used for meteorological research. The formidable ship, which has a hull strengthened for ice, was purchased for Sea Shepherd by the co-creator of “The Simpsons.” Read more in Sea Shepherd’s news release.

Meanwhile, Sea Shepherd’s leader, Paul Watson, was arrested in Frankfort, Germany, last May on charges relating to an incident in Central America in 2002. He was released on bail but failed to check in the following month, as required by conditions of his release. Siobhan Dowling reported on the incident for The Guardian.

In December, Paul told Associated Press reporter Manuel Valdes that he wanted to stay at sea. He contends that the Costa Rican government was pressured by Japan to seek his extradition.

“I want to stay in the ocean. I’m not going to be able to do that from some holding cell in Japan,” Watson, who now has no passport, was quoted as saying.

On Dec. 13, the U.S. State Department issued a joint statement with the governments of Australia, the Netherlands and New Zealand calling for vessels in the Southern Ocean to observe international collision-avoidance rules:

“We are deeply concerned that confrontations in the Southern Ocean will eventually lead to injury or loss of life among protestors, many of whom are nationals of our countries, and whaling crews…

“We remain resolute in our opposition to commercial whaling, including so-called ‘scientific’ whaling, in particular in the Southern Ocean Whale Sanctuary established by the International Whaling Commission, and are disappointed about the recent departure of the Japanese whaling fleet for the Southern Ocean.”

In a written commentary, Watson actually seemed encouraged by the joint statement:

“We at Sea Shepherd have no problem with this. We haven’t sustained any serious injury nor have we caused any injury at sea in 33 years and certainly not in the last six voyages to the Southern Ocean.

“What the Sea Shepherd Conservation Society welcomes, however, is the fact that the statement issued by the four nations clearly condemns the illegal whaling activities of the Japanese whaling fleet. This statement validates and encourages Sea Shepherd intervention during Operation No Compromise this year.”

But Sea Shepherd faced a new turn of events on Dec. 17, when the Ninth Circuit Court of Appeals issued a preliminary injunction prohibiting Sea Shepherd — and Paul Watson specifically — from “physically attacking” the Japanese whaling fleet or from “navigating in a manner that is likely to endanger the safe navigation of any such vessel.”

The order (PDF 37 kb) prohibits Sea Shepherd from getting any closer than 500 yards to the Japanese ships. The injunction will remain in effect until a final ruling is issued by the U.S. District Court, which could come about the end of this year.

A well-written analysis of the hearing before the Court of Appeals was provided by June Williams of Courthouse News Service. An audio recording of the lively hearing is available from the Ninth Circuit’s website.

“It looks like the Japanese whaling fleet is ready to rumble,” Watson responded in a written commentary issued the same day the injunction was announced. He continued:

“It is a complex situation whereby a United States court is issuing an injunction against Dutch and Australian vessels carrying an international crew, operating out of Australia and New Zealand in international waters and the waters of the Australian Antarctic Economic Zone. In addition, the court has ignored the fact that the Japanese whalers are in contempt of a court order by the Australian Federal Court and the whaling takes place in the Southern Ocean Whale Sanctuary.

“We will defend these whales as we have for the last eight years – non-violently and legally.”

So now the stage is set for another confrontation in the Southern Ocean. As the whaling season goes on, we’ll get the usual conflicting news releases from Sea Shepherd and the Japanese whalers. But how the events are portrayed on the television program “Whale Wars” may be influenced by a change in film crew.

whale wars

Before the ships’ departure, Sea Shepherd advertised for its own film crew to replace an independent crew previously used by Animal Planet. Officials with the network confirmed to me that they do not have a film crew on board at this time.

Blogger Michael Destries reported that Sea Shepherd officials hired their own crew to provide “greater flexibility for distribution purposes.”

How this will play out for the show “Whale Wars” is yet to be seen, but Sea Shepherd apparently intends to provide footage to the show’s producers.

Animal Planet spokesman Brian Eley told me that the network plans to air a sixth season of “Whale Wars,” but the two parties are still working out some critical details. Animal Planet owns the name “Whale Wars,” the show’s format and everything that goes with it.

The program is important to both organizations. “Whale Wars” helped transform Animal Planet from a children’s channel to an adult network, and the program has served the goals of Sea Shepherd almost beyond belief.

Brian said it is important to Animal Planet to maintain editorial control over “Whale Wars” with a documentary format and a “neutral point of view.”

“Every year, there are certain things that they (Sea Shepherd officials) disagree with over how we portray them,” he said. “But we have a good relationship with them, and I think people like the show the way it is.”

Brian did not seem to think it was too late to get an independent film crew on board, which would be the preference of Animal Planet executives.

He concurred that this was a “banner year for legality” facing Sea Shepherd, but Animal Planet is not caught up in that drama. The network has been careful to simply document the group’s activities, he said, not influence what the group does or does not do.

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Japanese whalers attack Sea Shepherd with U.S. law

The Institute of Cetacean Research, which manages Japan’s whaling operations in the Antarctic, and Kyodo Senpaku, which owns the whaling ships, are seeking a court order against Sea Shepherd Conservation Society.

The goal: to block Sea Shepherd from its “numerous violent and dangerous attacks against persons and vessels engaged in whaling, sealing and fishing.”

Court exhibit allegedly showing rope entangled on the propeller of the Japanese whaling ship Yushin Maru No. 3
(U.S. District Court filing)

The lawsuit, filed last week in U.S. District Court in Seattle, claims the court has jurisdiction over matters between U.S. and foreign citizens when the amount in controversy exceeds $75,000. Sea Shepherd is based in Washington state, thus the filing in our region.

The ICR asserts that Sea Shepherd has violated international treaties and laws, including the “Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation” and the “Convention on the International Regulations for Preventing Collisions at Sea.”

The lawsuit alleges that tactics used by Sea Shepherd have endangered Japanese whaling ships and their crews. Tactics listed include throwing butyric-acid-filled bottles, smoke bombs and incendiary devices; ramming one ship into another; and entangling the propellers with ropes.

Quoting from the lawsuit (PDF 176 kb):

“Unless enjoined as requested below, defendants will very soon engage in attacks on plaintiffs that will seriously endanger the safety of the masters, their crew and researchers, and the vessels owned by Kyodo Senpaku and chartered by ICR.

“Navigating in the Southern Ocean can be dangerous given the cold waters, the presence of icebergs, the possibility of storms, and its isolated location far from ready third-party assistance. If a ship lost propulsion or steerage due to a successful fouling rope attack, the ship, its Master, crew, and researchers could be put in serious jeopardy, especially in the vicinity of floating ice or if a storm or heavy seas occurred.

“The safety and health of the ship’s crew are endangered by the launching of projectiles against the ship, especially glass projectiles filled with butyric acid. A crew member could be blinded in such an attack or receive a blow to the head or body or be cut by pieces of glass. Such attacks also cause fear or distress in the crew, thus interfering with the normal operations on board. Incendiary devices like those launched in the past could cause a fire or, even worse, an explosion. Close-quarter attacks by SSCS vessels run the risk of a collision.

“Ramming of ICR’s and Kyodo Senpaku’s ships could cause them (or SSCS vessels) to sink or suffer other serious damage. The court should declare that defendants’ violent tactics employed in the past against ICR’s and Kyodo Senpaku’s activities in the Southern Ocean are unlawful, and the court should issue the injunctive relief requested below so that plaintiffs’ property and the lives of the Masters, their crew, and researchers are not endangered.”

Court exhibit allegedly showing damage to rudder of Yushin Maru No. 3 from prop fouler.
(U.S. District Court filing)

I have not talked to Paul Watson about this, but the Sea Shepherd leader has commented in news stories that he is not concerned about the lawsuit. Here’s what Watson said in a press release from his organization:

“This is simply a case of using the courts to harass us. I don’t believe they have a case and I doubt a U.S. court would take this seriously. Unlike Japan, the courts in the United States don’t automatically do what the government demands that they do.”

Watson claims in the press release that the whalers have been the aggressors:

“We have the images of the Japanese whalers destroying one of our ships, ramming our ships, running over our crew, firing upon us, throwing concussion grenades, deploying acoustical weapons, hitting us with water cannons and bamboo spears and they are suing us because they are accusing us of violence towards them.”

In an article published yesterday (Monday), Watson told Radio Australia that he almost welcomes the lawsuit:

“In fact, it’s actually a very positive thing because by filing in a US court, that gives us the opportunity to counter sue them for the destruction of the Ady Gil and for illegal whaling in the Southern Ocean, so our lawyers are certainly going to take advantage of this.”

For background on the Ady Gil, see Water Ways, Dec. 20, 2009. For all Water Ways entries on Sea Shepherd, visit this search page.

Another news release (PDF 12 kb) comes from the Institute of Cetacean Research, but reading the court complaint (PDF 176 kb) is more interesting.

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Passion for whales links woman to Sea Shepherd

A Bainbridge Island resident, Izumi Stephens, will join Sea Shepherd in its upcoming campaign against the Japanese whaling fleet in the Antarctic, as I describe in a story in today’s Kitsap Sun.

Izumi Stephens

A native of Japan, Izumi will serve as an on-board interpreter for the anti-whaling group. While engaging whalers, Sea Shepherd has an occasional need to converse with Japanese ship captains as well as conveying information to Japanese news reporters.

If you’ve watched “Whale Wars” on television, you know about Sea Shepherd’s highly confrontational approach to the Japanese fleet, often maneuvering its vessels into dangerous positions in front, behind and alongside the massive whaling ships.

Capt. Paul Watson, who heads Sea Shepherd, broke away from Greenpeace in 1977 as he pushed for more severe actions against whaling operations throughout the world. In 1980, “operatives” from his three-year-old organization took credit for sinking the whaling ship Sierra in Lisbon, Portugal — the first of many similar attacks.

Sea Shepherd, which operates throughout the world, has an ongoing connection to the Northwest. Its international headquarters is located in Friday Harbor in the San Juan Islands, and Watson frequently returns to this region.
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