Tag Archives: whaling

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.

Does new ‘mother ship’ portend increased whaling by Japan?

The Japanese government is considering the replacement of the “mother ship” in its fleet of whaling vessels, as part of a potential expansion of whaling in the Antarctic.

Nisshin Maru, Japan’s whaling factory ship
Photo: Sea Shepherd Conservation Society

The newspaper Japan Times today received confirmation that the Japanese Fishing Agency has requested the equivalent of $910,000 to study the future of commercial whaling. If approved, the study would consider ideas for replacing the 30-year-old Nisshin Maru, best known as the factory ship used for processing whale meat. Japanese officials collect certain information about the whales and call it scientific research.

Anti-whaling activists, including Paul Watson of Sea Shepherd Conservation Society, reacted harshly to the news, saying the study is a sign that the Japanese government not only intends to keep slaughtering whales but may be on the verge of expanding commercial operations.

“I will say, that if this replacement floating slaughter house — this Cetacean Death Star — is built and if it returns to the Southern Ocean Whale Sanctuary with an increased quota, it will be strongly, passionately and aggressively opposed,” Watson wrote in a Facebook post. “The Whale Wars is not over.”

After problems with finding and pursuing the Japanese whalers last year, Sea Shepherd did not send any ships into battle this year. It was the first time in 12 years that Sea Shepherd has failed to confront the whalers in the Southern Ocean — except for 2014 when the Japanese whalers called off the hunt.

“What we discovered,” Watson said in a news release last August, “is that Japan is now employing military surveillance to watch Sea Shepherd ship movements in real time by satellite, and if they know where our ships are at any given moment, they can easily avoid us…. We cannot compete with their military-grade technology.”

Watson said he has also heard that the Japanese military may be sent to protect the whalers if Sea Shepherd tries to stop them.

Sea Shepherd is not giving up its efforts to protect the whales in the Southern Ocean, Watson stressed. Instead, the organization will develop new tactics while calling on the Australian government to do more to protect the whales.

In December, countries in the European Union and 12 other nations expressed their opposition to the whaling taking place in the Southern Ocean Whale Sanctuary, a protected area established by the International Whaling Commission. Australia and New Zealand, but not the United States, are among the signatories.

The “Joint statement against whaling” points out that the International Court of Justice ruled in 2014 that the Japanese whaling did not meet the basic requirements for scientific studies. Legitimate research is one of the few exemptions that allow the killing of whales under the International Convention for the Regulation of Whaling.

The Japanese called off the whaling the following summer in Antarctica but started it up again the next year under a new whaling plan submitted to the International Whaling Commission. The Japanese government said it would never again place itself under the jurisdiction of the international court.

The IWC has since questioned the new whaling plans and has adopted two resolutions calling on the Japanese to halt whaling until the new scientific plan can be reviewed by the Scientific Committee of the IWC. Japan objected to the process on procedural grounds in a position statement and ignored the international posture, including the latest IWC resolution (16-2) in 2016.

Plans to replace or overhaul the Nisshin Maru were first floated in 2005, according to sources quoted in Japan News. Nothing happened, however, until this year when the idea was resurrected by pro-whaling lawmakers in Japan.

The ship was built in 1987 as a trawler and converted to a whale processor in 1991. Whales harpooned by smaller vessels can be pulled up a gangway to the deck for slaughter. Up to 1,200 tons of meat can be stored in a freezer below decks, according to the newspaper.

“Even though the ship has been painted over, rust that can’t be hidden stands out,” said an observer quoted in Japan News. “It is old, aged nearly 100 in human years.”

Some reports said Japanese officials want a ship that could operate quicker on the high seas to evade Sea Shepherd’s aggressive actions, which they consider to be terrorism.

About 100 people were said to be on board the Nisshin Maru in November when the ship departed from Japan’s Innoshima island, Hiroshima Prefecture, heading for the Southern Ocean. The goal is to hunt up to 333 minke whales, a quota established by the Japanese government with no outside approval.

Sea Shepherd encounters Japanese whalers at start of summer season

It has just turned winter in the Northern Hemisphere, which means that it is now summer in the Southern Hemisphere. The Japanese whaling fleet has entered the Southern Ocean to kill up to a self-designated quota of 333 minke whales, and Sea Shepherd has given chase.

Ocean Warrior, Sea Shepherd's newest ship, moving beyond pack ice in the Southern Ocean. Photo: Sea Shepherd Global/Simon Ager
Ocean Warrior, Sea Shepherd’s newest ship, moving beyond pack ice in the Southern Ocean.
Photo: Sea Shepherd Global/Simon Ager

We have heard the story before, and many of us have watched the drama play out during six seasons of the TV series “Whale Wars” on Animal Planet. This year, Sea Shepherd hopes to have an advantage with a ship declared to be faster than the Japanese whaling vessels, as I explained in Water Ways at the end of August.

On Dec. 3, the Sea Shepherd vessel Steve Irwin left Melbourne, Australia, for the Southern Ocean for its 11th campaign against the whalers. The Steve Irwin was followed a day later by the new ship, Ocean Warrior. Yesterday, the Ocean Warrior located one of the Japanese harpoon vessels, the Yushin Maru, inside the Southern Ocean Whale Sanctuary, according to Capt. Adam Meyerson, the skipper of the Ocean Warrior.

“The crews of the Ocean Warrior and the MV Steve Irwin have been battling through thick fog and ice to protect the whales in the Australian whale sanctuary,” Meyerson said in a news release. “The Yushin Maru was hiding behind an iceberg and came out on a collision course.

“Finding one of the hunter-killer ships hiding behind an iceberg in a thick fog means that the rest of the fleet is nearby,” he added. “We all hope to have whaling in the Southern Ocean shut down by Christmas.”

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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.

SeaWorld pulled into long-running battle against Japanese whaling

UPDATE: April 4, 2016

Capt. Paul Watson, founder of Sea Shepherd Conservation Society, has condemned the Humane Society of the U.S. for forming an alliance with SeaWorld, saying SeaWorld CEO Joel Manby “has found his Judas,” and HSUS CEO Wayne Pacelle “single-handedly put the brakes on the movement inspired by Blackfish.” Read the full commentary on Sea Shepherd’s website.
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SeaWorld and the Humane Society of the U.S. are urging President Obama to take a stronger stand against whaling by the Japanese harpoon fleet, which recently returned to Japan with 333 dead minke whales, all killed in the Antarctic.

Three dead minke whales were hauled up on the deck of the Japanese whale-processing ship MV Nisshin Maru in 2014. Photo: Tim Watters, Sea Shepherd Australia
Three dead minke whales were hauled up on the deck of the Japanese whale-processing ship MV Nisshin Maru in 2014 in the Antarctic.
Photo: Tim Watters, Sea Shepherd Australia

“The United States is well-positioned to lead a comprehensive effort to persuade Japan to abandon commercial whaling as an anachronism that is imprudent, unnecessary for food security, cruel and economically unsound,” states the letter to Obama (PDF 464 kb), signed by Joel Manby, president and CEO of SeaWorld, and Wayne Pacelle, president and CEO of HSUS.

Combining forces to oppose commercial hunting of marine mammals throughout the world is one element of a negotiated agreement between SeaWorld and HSUS. Of course, the most notable parts of that agreement specified that SeaWorld would discontinue its breeding program for killer whales and halt all theatrical performances. See Water Ways, March 17.

This year’s whale hunt in the Antarctic was endorsed by the Japanese government, which considers dead whales to be lethal samples of tissue collected during an annual “research” trip, which ultimately puts whale meat on the commercial market.

The International Court of Justice ruled in 2014 that the whale hunt, as carried out at that time, failed to meet scientific standards. As a result, the Japanese government took a year off from whaling, altered its plan and continued the whale hunt at the end of last year going into this year. This time, Japanese officials declared that they would no longer be subject to international law on this issue, so a new lawsuit would be meaningless.

Meanwhile, an expert panel of the International Whaling Commission took a look at the new “research” plan and concluded that Japan still had not shown how killing whales conforms to the requirements of research, given options for nonlethal research. See “Report of the Expert Panel …”

Last week’s report by the Japanese Institute of Cetacean Research said the whalers were able to obtain all 333 minke whales proposed in the plan. It was the first time in seven years that the full sampling was completed, because Sea Shepherd Conservation Society was not there to interfere, according to the report on the New Scientific Whale Research Program in the Antarctic Ocean.

Of the 333 whales, males numbered 103 and females 230. Of the females, 76 percent were sexually mature, and 90 percent of the mature females were pregnant, suggesting a healthy population of minke whales, according to the report.

The letter from Manby and Pacelle acknowledged that the U.S. government had joined with 30 nations in December to write a letter voicing concerns about Japan’s decision to resume whaling. But the Manby-Pacelle letter also complains that the U.S. has given up its leadership role on the issue, ceding to New Zealand and Australia for the legal battles.

“In the United Kingdom, in Latin America, and elsewhere, whale welfare is high on the diplomatic agenda with Japan and other whaling nations,” the letter states. “We believe that it is time for the United States to re-assert itself as a champion for whales, and to take a stronger hand in pressing Japan to relinquish commercial whaling.”

Among the steps that should be considered, according to the letter:

  • The U.S. delegation to the International Whaling Commission should be empowered to threaten Japan with sanctions, though details were not specified in the letter.
  • The U.S. government should include provisions against whaling in international trade agreements.
  • Japan’s potential assets should be surveyed as a prelude to invoking the Pelly Amendment to the Fisherman’s Protective Act of 1967. The amendment allows a ban on imports of fishing products from a country that violates international fishery conservation rules — including those of the IWC.

For readers interested in the SeaWorld issue, I should note that Pacelle still vigorously defends his alliance with SeaWorld. In a blog post announcing the anti-whaling letter, he adds further explanations for his position.

Meanwhile, the successful Japanese whale hunt has motivated environmental groups throughout the world to call on their national governments to confront Japan directly, at least in diplomatic circles.

Sea Shepherd Conservation Society, which has confronted the Japanese whaling ships on the high seas in years past, is rethinking its plans for the future, according to Capt. Peter Hammarstedt, chairman of Sea Shepherd Australia’s Board of Directors.

“Sea Shepherd was handicapped by the new ICR strategy of expanding their area of operations and reducing their quota, meaning that the time to locate them within the expanded zone made intervention extremely difficult with the ships that Sea Shepherd is able to deploy,” Hammarstedt said in a news release.

This past season was an opportunity for world governments to find the resolve to uphold international conservation law, he said. The Australian and New Zealand governments could have sent patrols to protect declared sanctuaries, but they failed to do so, “and this has served to illustrate that the only thing that has proven effective against the illegal Japanese whaling fleet has been the interventions by Sea Shepherd,” he added.

Jeff Hansen, Sea Shepherd Australia’s managing director, said the Australian and New Zealand governments have offered false promises.

“The majority of Australians wanted the Australian government to send a vessel to oppose the slaughter,” Hansen said. “They did not. Sea Shepherd requested that the Australian government release the location of the whalers. They refused. Instead, the governments responsible for protecting these magnificent creatures stood by, in the complete knowledge that both federal and international crimes were taking place. This empty response from authorities in the wake of the ICJ ruling is a disgrace.”

Hammarstedt hinted that Sea Shepherd might be back later this year when the Japanese ships take off for another season of whaling.

“Sea Shepherd will soon have a fast long-range ship,” he said. “More importantly, Sea Shepherd has something that the Australian and New Zealand governments lack — and that is the courage, the passion and the resolve to uphold the law.”

Japanese whalers intend to kill minke whales, despite world opinion

Japanese whalers recently returned to the Antarctic with a new plan to kill 333 minke whales for scientific research, defying official positions of many countries throughout the world.

A harpooned minke whale lies dying, as whalers aboard the Japanese ship Yushin Maru Number 3 try to finish it off with a rifle. Photo: Sea Shepherd
A harpooned minke whale lies dying, as whalers aboard the Japanese ship Yushin Maru Number 3 attempt to finish it off with rifle shots.
Photo: Sea Shepherd

Japan called off the annual whaling program for one year after the International Court of Justice ruled that Japan’s commercial whaling operation failed to meet the basic requirements of scientific research. Japan had been using an exemption for research to get around a ban on whaling under international treaty.

Japan submitted a new “research” plan for this year’s whaling, but the document has yet to receive any official sanction. In fact, Japan’s return to the Southern Ocean has been condemned by at least 33 government leaders.

Russell F. Smith II, U.S. commissioner to the International Whaling Commission, said the U.S. government does not believe it is necessary to kill whales to carry out scientific research consistent with objectives of the IWC. Two key IWC committees have raised serious questions about Japan’s whaling program, he said.

“Japan has decided to proceed with the hunt without addressing several significant issues raised in their reports,” Smith said in a prepared statement. “One of the key issues raised during both the Expert Panel and SC (Scientific Committee) meetings was that Japan had not justified the need for lethal whaling to carry out its research. Unfortunately, rather than giving itself time to modify its research program to fully address these issues, Japan has decided to restart its program now.”

Japan’s plan for whaling this winter (summer in the Southern Hemisphere) is to kill 333 minke whales, down from 935 minkes in plans for previous years. In this new plan, the Japanese government has not sanctioned the killing of humpback or fin whales, for which the previous goal was 50 of each.

Although the Japanese government has declared that an annual harvest of 333 minke whales is sustainable, the International Whaling Commission has not approved the whale hunt nor even begun discussing possible quotas or how any harvest, if approved, would be allocated among other countries.

Minke whale Photo: Sea Shepherd
Minke whale // Photo: Sea Shepherd

Meanwhile, the Japanese government has informed the United Nations that it will no longer submit to the jurisdiction of the International Court of Justice for “any dispute arising out of, concerning, or relating to research on, or conservation, management or exploitation of, living resources of the sea.” See story, Sydney Morning Herald, Oct. 19, 2015.

Australia, which brought the international lawsuit against Japan, is now considering another round in the legal battle. The effort could put Japan back in the spotlight, even though success would be unlikely if Japan spurns the court’s jurisdiction, according to reports in the Sydney Morning Herald on Dec. 8, 2015.

Australian courts also ruled against the Japanese whalers for violating protection provisions within the Australian Whale Sanctuary around Antarctica, although Japan does not recognize Australia’s jurisdiction. The whaling company, Kyodo Senpaku Kaisha, was fined $1 million (in Australian dollars) for contempt of an injunction against killing Minke whales within the sanctuary.

Other countries have joined the overall opposition to Japanese whaling. New Zealand Prime Minister John Key said his country’s ambassador to Tokyo delivered a “strong” formal message to Japan from 33 countries. Read the statement on the New Zealand Embassy’s webpage.

Sea Shepherd Conservation Society, which directly interfered with the movements of Japanese whaling ships in past years, may take a more low-key role on whaling this year. The organization’s ships have become involved in new campaigns to halt poaching of other species, including the endangered toothfish in Antarctic waters. See news release Oct. 13, 2015.

Sea Shepherd’s U.S. affiliate was enjoined by the U.S. courts from interfering with the whaling operations, but Sea Shepherd Australia continued the high-seas battles, as featured in the television series “Whale Wars” on Animal Planet.

Now, the Sea Shepherd ship Steve Irwin, which was undergoing repairs in Melbourne, Australia, is headed into the Southern Ocean on its second campaign against toothfish poaching. Alex Cornelissen, CEO of Sea Shepherd Global, says new battles against the Japanese whalers are not out of the question.

“Sea Shepherd is an anti-poaching organization,” Cornelissen said in a news release. “We are ready to find, document, report on and where possible intervene against poaching operations that threaten the precious balance of life in the Southern Ocean; whatever form those poachers might take, whatever life they threaten.

“If Sea Shepherd comes across criminal activity, then our history speaks for itself,” he added. “We will, as always, directly intervene to prevent that crime from taking place.”

Sea Shepherd U.S., which was thwarted in direct action by the courts, has now filed a counterclaim in those same U.S. Courts, hoping to get a legal injunction against the Japanese government for its whaling activities. The legal campaign is called “Operation Ultimate Justice.”

“For years, Sea Shepherd took direct action against the whalers on the seas, saving one whale at a time from the Japanese harpoons,” said Sea Shepherd founder Paul Watson. “But if we are to bring the illegal slaughter to an end once and for all, we cannot simply defeat the Japanese whalers on the water; we need to defeat them in the courts.”

‘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.)

International court rules against Japanese whaling

Japanese whalers who hunt whales in the Antarctic can no longer justify their actions as “scientific research” and must stop their annual whale roundup, according to a ruling by the International Court of Justice.

The court ruled today that Japan’s so-called “research” does not meet ordinary scientific standards. The court ordered Japan to stop killing whales under the guise of its research program, called JARPA II. As stated in a 73-page finding (PDF 649 kb) supported by 12 of the 16 judges:

“Taken as a whole, the Court considers that JARPA II involves activities that can broadly be characterized as scientific research, but that the evidence does not establish that the programme’s design and implementation are reasonable in relation to achieving its stated objectives.

“The Court concludes that the special permits granted by Japan for the killing, taking and treating of whales in connection with JARPA II are not ‘for purposes of scientific research’ pursuant to Article VIII, paragraph 1, of the Convention (the International Convention for the Regulation of Whaling).”

In the legal action brought before the United Nations court by Australia, the judges carefully scrutinized the JARPA II methods and procedures. They found that the sampling procedure and lethal take of minke, fin and humpback whales falls short of legitimate scientific study in many regards:

“The fact that the actual take of fin and humpback whales is largely, if not entirely, a function of political and logistical considerations, further weakens the purported relationship between JARPA II’s research objectives and the specific sample size targets for each species — in particular, the decision to engage in the lethal sampling of minke whales on a relatively large scale.”

A news release (PDF 174 kb) issued by the court does a fair job of summarizing the findings:

“Examining Japan’s decisions regarding the use of lethal methods, the court finds no evidence of any studies of the feasibility of or the practicability of non-lethal methods, either in setting the JARPA II sample sizes or in later years in which the programme has maintained the same sample size targets. The court also finds no evidence that Japan examined whether it would be feasible to combine a smaller lethal take and an increase in non-lethal sampling as a means to achieve JARPA II’s research objectives.”

After the ruling, Koji Tsuruoka, Japan’s representative at the court, addressed reporters at the Peace Palace in The Hague. According to a report by Australian Associated Press, Tsuruoka stated:

“Japan regrets and is deeply disappointed that JARPA II … has been ruled by the court as not falling within the provisions of Article 8. However, as a state that respects the rule of law, the order of international law and as a responsible member of the global community, Japan will abide by the decision of the court.”

He said Japanese officials would need to digest the judgment before considering a future course of action. He refused to discuss whether a new research program could be crafted to allow whaling to resume.

Australian officials were careful not to gloat over the victory as they emphasized the need to maintain favorable relations with Japan. Bill Campbell, Australia’s general counsel in the case, was quoted by the AAP:

“The decision of the court today, important as it is, has given us the opportunity to draw a line under the legal dispute and move on.”

The ruling was welcomed by environmental groups, including Sea Shepherd Conservation Society, which has sent ships to the Antarctic to directly confront the whaling ships and interfere with their whaling activities, as seen on the television show “Whale Wars.” Capt. Alex Cornelissen of Sea Shepherd Global had this to say in a news release:

“With today’s ruling, the ICJ has taken a fair and just stance on the right side of history by protecting the whales of the Southern Ocean Whale Sanctuary and the vital marine ecosystem of Antarctica, a decision that impacts the international community and future generations. Though Japan’s unrelenting harpoons have continued to drive many species of whales toward extinction, Sea Shepherd is hopeful that in the wake of the ICJ’s ruling, it is whaling that will be driven into the pages of the history books.”

‘Whale Wars’ delayed by production issues

For the past several years, June has brought us a new television season of “Whale Wars.” But this year the production has been delayed, and nobody seems to know when the show is likely to air.

whale wars

Whale Wars, of course, is the weekly documentary showing confrontations on the high seas, as Sea Shepherd Conservation Society tries to stop Japanese whaling in the Antarctic.

As I reported in January (Water Ways, Jan. 4), Sea Shepherd hired its own film crew during this past whaling season (summer in the Antarctic, winter here). At the time, it seemed like the group did so to be able to control the filming. But in a new blog entry in The New Yorker, Raffi Khatchadourian suggests that it was the Animal Planet producers who got cold feet, given the Ninth Circuit Court injunction that prevented Sea Shepherd from getting within 500 feet of the Japanese ships.

The U.S. affiliate of Sea Shepherd and Capt. Paul Watson himself withdrew from the anti-whaling campaign, leaving in charge the Australian affiliate, which is not subject to U.S. court jurisdiction.

Brian Eley, senior communications manager for Discovery Channel, responded to my inquiry yesterday, saying it isn’t clear when Season 6 of “Whale Wars” will air. Footage was delayed this year “through no fault of anyone.”

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Anti-whaling confrontation escalates in Antarctica

This year’s encounters between Japanese whalers and Sea Shepherd Conservation Society appear to be the most violent of any year so far — and the whaling season is not yet over.

As I described in the previous entry in Water Ways, which I just completed, legal action against Sea Shepherd has caused few substantive changes in these high-seas confrontations. That’s because Sea Shepherd has transferred all such operations from its U.S. organization and to its Australian organization. The move effectively removes jurisdiction by the U.S. government, according to Sea Shepherd reports, mentioned in the previous blog post.

So let’s catch up on actions so far this year in the Southern Ocean between Sea Shepherd and the Institute of Cetacean Research. As I reported in January (Water Ways, Jan. 4), Sea Shepherd has added the 184-foot SSS Sam Simon, a former Japanese government ship, to its flotilla. The fleet now includes four primary vessels: the Sam Simon, Steve Irwin, Bob Barker and Brigitte Bardot, as well as several unmanned surveillance aircraft.

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