Tag Archives: Whales

Feds Hold Hearing on Makah Whale Hunt in Seattle

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On October 11, the National Marine Fisheries Service held its third public comment session in Seattle, Washington, to hear opinions about the request by the Makah tribe to once again begin harvesting small numbers of whales.

The Makah killed their first whale in 70 years in 1999, but subsequently the Ninth Circuit Court ruled it needed a formal exemption from the Marine Mammal Protection Act. The Makah have filed for such an exemption, and the NMFS has held public comment sessions as part of that process.

More than 100 people showed up for the session, most of the opposed to resumption of even small scale whaling. Animal rights activist Carol Janes, for example, told the Seattle Post-Intelligencer,

I travel a lot for my work, and it means something when I say I’m from Seattle. [People] know about Mount St. Helens and the Mariners. I don’t want that meaning to change to: ‘That’s the place where they kill whales.’

The Humane Society of the United States’ Kitty Block told the Seattle Times,

We are worried about the precedent this would set. This law has saved millions and millions of animal lives.

We don’t want to come across as anti-tribal. And I am not denying their treaty right. But what does this do to our marine-mammal protection? And it is not just conservation; it is a humane issue. There is no humane way to kill a whale.

. . .

We have developed relationships with these animals [through whale watching tours]. It’s like a bait-and-switch: We go out there to see them — I’ve seen footage where people are leaning over and touching them — and now they are leaning over with a harpoon. It breaks a trust relationship.

Makah and Native American activists appealed to their long history of hunting whales, and the treaty they signed with the U.S. government guaranteeing the tribe the right to hunt whales (the tribe voluntarily refrained from hunting whales for decades after commercial whale hunting caused a drastic decline in the number of whales).

David Sones, vice chairman of the Makah Tribal Council, told the Seattle Post-Intelligencer,

The animal rights groups would rather just see our culture disappear and that’s their right. But we really believe that we will get this waiver.

Bob Anderson, director of the Center for Native American Law at the University of Washington, noted that the current Makah predicament is a largely result of the tribe electing to work with federal officials in the mid-1990s instead of going its own way. Anderson told the Seattle Times

If they had gone out and just gone whaling, that would be allowed. By doing something they didn’t have to do, they triggered this federal action, and that resulted in the 9th Circuit ruling. Now the Makah are bound.

A final decision on the resumption of whaling by the Makah is likely years away, as once the National Marine Fisheries Service makes its decision on whether or not to grant a waiver that decision will be litigated for years regardless of which side the Fisheries Service comes down on.

Sources:

Hearing shows Makahs, public divided over whaling rights. Claudia Rowe, Seattle Post-Intelligencer, October 12, 2005.

Makah Tribe seeks federal waiver to let it once again hunt for whale. Lynda Mapes, Seattle Times, October 11, 2005.

Third Makah whaling hearing draws 120 in Seattle. Jim Casey, Peninsula Daily News, October 12, 2005.

Whaling Shock — Japan Paid Solomon Islands for IWC Vote

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Former Solomon Islands whaling officials revealed the biggest non-secret about the annual International Whaling Commission meetings — Japan is paying some countries to vote to overturn the moratorium on commercial whaling.

Former Solomon Islands IWC Commissioner Albert Wata told ABC’s Four Corners,

Yes, the Japanese pay the government subscriptions. They support the delegations tot the meetings in terms of meeting air fares and per diem.

Solomon Islands Fisheries Minister Nelson Kile told the program that Japan paid the Solomons membership fees in the IWC,

Yes they do (pay the fees). I’m not really sure but probably for 10 years I think.

So far, though, Japan’s efforts have yet to pay off. Its efforts to overturn the moratorium again failed earlier this year at the 2005 meeting of the IWC.

Source:

Japan ‘brought Solomons whaling votes’. Associated Press, July 18, 2005.

Japan Reportedly Set to Expand Number of Whales Species It Hunts for 'Scientific' Purposes

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In April, the Japanese press claimed that along with plans to increase the number of minke whales it kills annually, it plans to begin taking humpback and fin whales, species which it has not hunted since the International Whaling Commission’s moratorium on commercial whale hunting went into effect in 1986.

Along with minke whales, Japan currently hunts sei whales, sperm whales and Bryde’s whales as part of a limited scientific research hunting it is allowed to cull without being in violation of the commercial hunting moratorium.

According to Kyodo news agency, Japan will submit a whaling plan to the IWC ahead of its meeting this summer in which it outlines plans to almost double its current take of 440 minke whales, as well as add around 10 humpback and 10 fin whales.

An unidentified Japan Fisheries Agency official would not comment on the veracity of the report, but did tell Reuters,

However, it has been recorded that the populations of the humpback and fin whales in Antarctica are increasing. Nobody disputes this.

. . .

We always maintain that we will discuss these things scientifically, but with whales, it quickly grows emotional.

This is clearly a ploy on the part of Japan to ratchet up the rhetoric in favor of eliminating the commercial moratorium on whaling ahead of the IWC’s next meeting. Currently the moratorium is hanging on by a thread, barely surviving recent efforts by Japan and Norway to return to regulated commercial hunting of whales.

Source:

Reports: Japan to Expand Whale Hunt to New Species. Elaine Lies, Reuters, April 12, 2005.

New Zealand Whaling Commissioner — Whaling Moratorium Likely to Be Rescinded Soon

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New Zealand’s representative to the International Whaling Commission, Sir Geoffrey Palmer, gave a speech in March in which he predicted that the moratorium on commercial whaling is likely to be reversed sometime in the next few years.

In an interview on New Zealand Radio, Palmer didn’t really say anything that hasn’t become obvious over the past few years. Those nations that want to re-start whaling have done an excellent job of recruiting other pro-whaling countries to join (often providing said countries with economic incentives to side with the pro-whaling forces). As Palmer notes,

They [IWC nations] adopted a moratorium on commercial whaling in 1982 and it came into force in 1986. Since that time, most New Zealanders, and I think many people around the world, have thought, well, there are not going to be anymore whales killed by commercial whaling. That position is now under threat. There is going on in the International Whaling Commission, a concerted effort to come up with a plan to allow commercial whaling to resume. It is going to be very, very difficult indeed. There are meetings going on. There is one in Copenhagen at the end of the month that I am going to. There is another is Korea in the middle of June which will be a very important meeting to determine where this effort is going.

There are a number of nations who have joined the International Whaling Commission in recent times who are in favor of a resumption of commercial whaling. For the first time, the majority is under threat. That is to say, the majority of the nations who belong to the International Whaling Commission do not want a resumption of commercial whaling, and that majority looks to be under threat. On my calculations, it seems that those who favor whaling now may have a majority of about two. Now of course to bring about a resumption of commercial whaling, you need a majority of 75 percent. But having a simple majority will change the whole philosophical approachÂ…

Palmer also noted that the IWC currently has almost no enforcement ability,

Enforcement by the Commission in relation to scientific whaling is impossible because of the provisions of the Treaty. But the enforcement mechanisms of the Treaty in relation to the rest of the activities of the Commission are also exceedingly weak as you state. They are weak because there is no effective way of actually enforcing the provisions of this Convention to see they are complied with.

The only thing keeping Japan and other countries from openly restarting commercial whaling today is the public relations hit they would take for breaching the moratorium. That lack of enforcement is going to be a major problem if and when commercial whaling resumes and it comes time to set enforceable quota limits.

Sources:

Whaling moratorium likely to be dumped, New Zealand official warns. Associated Press, March 15, 2005.

Linda Clark Interview with Sir Geoffrey Palmer. March 16, 2005.

Makah Tribe Asks Congress for Exemption from Marine Mammal Protection Act

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In February, the Makah tribe filed a request for a wavier from the Marine Mammal Protection Act so that it can legally hunt whales as its 1855 treaty with the United States guarantees it the right to do so. Apparently wanting to hedge its bets, the tribe has also approached at least one U.S. Senator and Representative asking for legislation that would exempt the tribe from the MMPA.

Makah Chairman Ben Johnson told the media in March that the tribe had contacted U.S. Sen. Maria Cantwell (D-Washington) and U.S. Rep. Norm Dicks (D-Washington) inquiring about the possibility of legislation that would exempt the tribe from the requirements of the MMPA.

Johnson told the Seattle Post-Intelligencer,

We’ve just talked to them a little at this point. Whether anything will come of it, who knows?

For opponents of the Makah, however, the MMPA is beside the point — they just don’t ever want to see a resumption of whaling, regardless. As The Humane Society of the United States’ Naomi Rose told the Post-Intelligencer,

For us, it’s a real simple equation: We do not want them hunting gray whales again, period.

Remember this the next time the HSUS claims it doesn’t oppose hunting on principle.

Source:

Makah try long shot: asking Congress to allow whale hunts. Lewis Kamb, Seattle Post-Intelligencer, March 21, 2005.

Makah officials ask Cantwell, other officials to waive marine mammal act for whaling, but no bill on table. Raul Vasquez, Peninsula Daily news, March 11, 2005.

Makah Files for Waiver to Hunt Whales

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After failing in its efforts to get its whale hunt exempted from the provisions of the Marine Mammal Protection Act, the Alaskan tribe has decided to take a new tack and comply with the MMPA by filing a request for a waiver under the MMPA.

The Makah tribe’s 1855 treaty with the United States allows it to hunt whales, but the tribe voluntarily abandoned the practice early in the 20th century. About six years ago it began hunting whales again, and members of the tribe managed to kill a whale in 1999.

After a series of lawsuits by animal rights activists, however, federal courts ruled that the Makah needed to comply with the provisions of the Marine Mammal Protection Act. Last June the Makah lost an appeal in the matter and apparently rather than go on to a higher court have decided to comply with the MMPA and file a request for a waiver to kill a small number of whales.

In February the Makah filed a 55 page application with the National Oceanic and Atmospheric Administration requesting a waiver. This is likely a long, uphill effort as apparently such a waiver has never been granted for hunting whales since the MMPA went into effect in 1972. The state of Alaska and a North Carolina company are the only two entities who have apparently ever applied for a waiver, and both withdrew the waiver request before the request had reached the approval stage.

On the other hand, the NOAA is emphatically behind the Makah’s right to hunt a small number of whales. NOAA spokesman Brian Gorman told the Seattle Post-Intelligencer that,

The bottom line is, we support the tribe’s treaty right to hunt whales. [But] It’s going to be a long process. I don’t think anyone is fooling themselves about that. We have to take this very carefully. There’s almost a certainty that we’ll be sued.

Animal rights activists are likely to make an argument that the Humane Society of the United States was already hitting — since no one has ever received an exemption under the MMPA to hunt whales, granting the Makah such an exemption would set a dangerous precedent. The HSUS’ Naomi Rose told The Seattle Post-Intelligencer,

This could absolutely be precedent-setting. If they win (a waiver to the law), it’s not just the Makah that will be impacted. This will lay the ground rules for anyone who tries to seek an exception to go whaling in the future. So yes, we’ll definitely dog the process.

While the waiver application is wending its way through the approval process, the NOAA will be simultaneously conducting an environmental impact study, which is required by the MMPA. I don’t think the issue is whether or not the NOAA will approve the waiver. The NOAA clearly believes that the small number of whales the Makah plan to take won’t come close to harming the gray whale population. The long-term issue will be whether or not such approval can survive the inevitable lawsuits.

Source:

Makahs will seek whaling waiver. Lewis Kamb, Seattle Post-Intelligencer, February 14, 2005.

Study Calls for End to Ban on Commercial Whale Hunting

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A study published in the journal Science in January called for an end to the 19-year-old ban on commercial whaling.

The International Whaling Commission asked biologists Leah Gerber of Arizona State University, David Hyrenbach of Duke University, and Mark Zacharias of the University of Victoria to determine whether or not existing whale sanctuaries would be adequate to protect whales if commercial hunting resumed. The three received no funding from any entity for the study, however.

The study looked specifically at the Southern Ocean Sanctuary, which is one of two sanctuaries created by the International Whaling Commission.

The argument the three make in their paper is this: significant numbers of whales in the sanctuaries are already killed under provisions allowing nations to kill whales for scientific study. Moreover, if commercial whaling is not restored, nations could end up taking more whales for scientific purposes than would be ideal for managing the whale population.

The study argues for ending scientific permits and replacing it with a tightly controlled system of commercial whaling that would ban hunting during certain times of the year, such as when whales are breeding. The scientific permit system currently in place has no such restrictions.

Zacharias was quoted by the Canadian Press as saying that the sanctuaries are political rather than scientific in nature and are less than ideal given the reality of ongoing hunting for scientific purposes,

The moratorium has really done its purpose. It has allowed a lot of stock to recover. However, the problem now is that most of the world and the public believe there is no commercial and aboriginal whaling going on, but whaling under scientific permit is continuing and is continuing in the sanctuary.

. . .

We full expect to take a lot of heat for this . . . People are going to say, ‘You’re suggesting that we’re resume global whaling?’ Yes, we are suggesting that, but it’s better than the alternative, which is pretending it doesn’t happen.

I imagine, however, that Zacharias and his fellow researchers will be very popular in Japan.

It will be interesting to see what, if any, this report has on the next IWC meeting when Japan and other nations again attempt to end the commercial whaling moratorium.

Source:

Replace ban on whaling, study urges. Steve MacLeod, Canadian Press, January 28, 2005.

Japanese Fisheries Official Says Whaling Is a 'Right'

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Masayuki Komatsu, a senior Japanese Fisheries Agency official and delegate to the International Whaling Commission, said in September that whaling is a right and an important part of Japan’s cultural heritage.

Reuters reported that Komatsu told a gathering of journalists,

Eating whale is a key part of Japanese culture. . . . There are so many robust whales stocks, such as minke whales, the sei whale, the Bryde’s whale. . . . Sperm whales are rampant. They may be around twice the number of minke whales.

Komatsu has previously referred to minke whales as “cockroaches of the sea” and explained to his statement to journalists thusly,

There are two characteristics. One is that there are so many of both of them. And the reproduction rate for those two animals is very rapid. That’s why I said a minke whale is like a cockroach.

Komatsu noted that the Japanese government has already commissioned studies on what the impact would be if Japan decided to abandon the International Whaling Commission which so far has refused Japanese efforts to overturn the two decade ban on commercial whaling, but that no decision had been made yet on whether Japan would withdraw from the organization if it should again fail to overturn the ban at the 2005 IWC meeting.

Source:

Japan says whaling a right. Elaine Lies, Reuters, September 15, 2004.

CITES Rejects Japan’s Whale Appeal

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The Convention on International Trade in Endanger Species (CITES) this month rejected a request by Japan to remove minke whales from the CITES Appendix I list of threatened species in which international trade is prohibited.

Japan had filed an appeal with CITES seeking to have minke whales moved to the CITES Appending II, in which highly regulated trade of an endangered species is permitted.

In a news conference, CITES secretary general Willem Wijnstekers said that the proper place to take up whale-related issues was the International Whaling Commission and that as long as the IWC’s ban on commercial whaling remains in place, so will the Appendix I listing of whales.

Wijnstekers said,

As long as the International Whaling Commission maintains a zero-catch quota for commercial reasons in its management of minke whales, then the best way to coordinate that level of protection within CITES is by maintaining the species in appendix I.

Source:

CITES rejects Japanese call for partial end to ban on whale trade. Agence-France Presse, June 14, 2004.

CITES Rejects Japan's Whale Appeal

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The Convention on International Trade in Endanger Species (CITES) this month rejected a request by Japan to remove minke whales from the CITES Appendix I list of threatened species in which international trade is prohibited.

Japan had filed an appeal with CITES seeking to have minke whales moved to the CITES Appending II, in which highly regulated trade of an endangered species is permitted.

In a news conference, CITES secretary general Willem Wijnstekers said that the proper place to take up whale-related issues was the International Whaling Commission and that as long as the IWC’s ban on commercial whaling remains in place, so will the Appendix I listing of whales.

Wijnstekers said,

As long as the International Whaling Commission maintains a zero-catch quota for commercial reasons in its management of minke whales, then the best way to coordinate that level of protection within CITES is by maintaining the species in appendix I.

Source:

CITES rejects Japanese call for partial end to ban on whale trade. Agence-France Presse, June 14, 2004.