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.

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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