International Whaling Commission
The International Whaling Commission was established under the International Convention for the Regulation of Whaling, signed on 2 December 1946. At this time, there were 14 member states. Today, the Commission comprises 89 countries with only three of those engaging in commercial whaling - Japan, Norway and Iceland.
The Commission has taken some encouraging steps to strengthen its focus on conserving and studying whales - including the establishment of the global moratorium on commercial whaling in 1986 and in 2003, the establishment of a dedicated conservation committee.
Australia has been a driving force behind strong efforts in the Commission to improve international whale conservation. The Australian Government remains resolutely opposed to all forms of commercial whaling, including so-called 'scientific' whaling and strongly supports the global moratorium on commercial whaling.
Australia is working hard to transform the Commission into a 21st Century multilateral conservation organisation capable of addressing the full suite of whale conservation needs based on world's best practice and the principles of modern ecosystem-based management.
Australia's Commissioner is Ms Donna Petrachenko.
Outcomes of the 2011 Annual Meeting of the International Whaling Commission
At its July 2011 meeting in Jersey, Channel Islands, the Commission agreed by consensus to improve the effectiveness of the Commission. This included greatly increasing the transparency of the Commission's financial transactions, bringing it more into line with accepted practices of other multi-lateral organisations.
The Commission also continued its important work on conservation management plans by establishing a small working group on Conservation Management Plans and endorsing funding principles for the management of voluntary funds for the plans.
Similarly, the Commission progressed whale watching initiatives by endorsing the five-year strategic plan for whale watching (2011 - 2016) and new terms of reference for the Standing Working Group on Whale watching.
In terms of animal welfare the Commission agreed to establish a package of short and long term measures to improve welfare issues related to the entanglement of large whales. It also endorsed a report of the joint IWC-Agreement on the Conservation of Cetaceans in the Black Sea, Mediterranean Sea and contiguous Atlantic area for reducing mortality from ship strikes.
The Commission also endorsed the Honolulu Commitment on marine debris. One of the outcomes invites international organisations, governments at national and sub-national levels, industry, non-government organisations, citizens and other stakeholders, to commit to making choices that reduce waste in order to halt and reverse the occurrence of marine debris.
- Honolulu Commitment on marine debris - International Whaling Commission website
Another area of interest to Australia considered at the 2012 meeting was governance reform. The Commission made important decisions in this respect, including:
- adoption of a package of amendments to the Commission's Rules of Procedure and Financial Regulations which, among others, will enhance the transparency of its financial transactions by requiring that annual financial contributions be by bank transfer from an account belonging to the Contracting Government or to a state institution of that Government;
- requiring that the most recent audited financial statement and the audit report be submitted to the Commission's annual meeting and posted on its website;
- convening a working group before the 2012 annual meeting to consider the role of observers (this group includes non-governmental organisations) which will hopefully enhance the participation of this important part of civil society; and
- a commitment to ensure the Commission's Rules of Procedures are kept up to date and in line with international best practice.
The next annual meeting of the Commission will be held in Panama City, Panama, 11 June to 6 July 2012.
Conservation management plans
An emerging and important component of the Commission's work is the development and implementation of Conservation Management Plans to enhance global protection and recovery of the most at-risk cetacean populations and species. At the Commission's 2008 and 2009 annual meetings, Australia submitted proposals for the application of Conservation Management Plans.
- Conservation Management Plans for Improved Cetacean Management - International Whaling Commission website
Australia is Chair of the Working Group on Conservation Management Plans, which was established by the Commission to support those countries wishing to nominate, develop, implement, monitor and review a plan and to guide Commission engagement on this issue into the future.
Along with Australia, the working group includes: Argentina, Belgium, Brazil, Mexico, New Zealand, South Africa, the United Kingdom, and the United States, as well as the Chair of the IWC Scientific Committee and the IWC Head of Science.
At the Commission's 2011 annual meeting the Commission endorsed a Conservation Management Plan framework including electronic templates which has been placed on the Commission website.
- Report of the Small Advisory Group on Conservation Management Plans - International Whaling Commission website
Whale sanctuaries
Sanctuaries are designed to provide whales with a refuge from whaling, allowing species to recover from serious over-exploitation that occurred throughout the 20th Century.
The aim of whale sanctuaries is to benefit long-term whale conservation by:
- facilitating the recovery of seriously depleted great whale populations by protecting important areas such as feeding or breeding grounds and migratory routes
- providing economic benefits to range states by providing opportunities to develop non-lethal economic uses of cetacean species (such as ecotourism and whale watching)
- fostering interest and cooperation in non-lethal research into the behaviour and biology of cetacean species
- providing the Commission with a broad management tool to protect multiple species
- setting aside a place where whales can play their important role in the ecosystem
- increasing public awareness and appreciation of the value and vulnerability of marine ecosystems.
Australian Whale Sanctuary
Within Australia, all Commonwealth waters are part of the Australian Whale Sanctuary. Under the Environment Protection and Biodiversity Conservation Act 1999, it is illegal to kill, injure or interfere with cetaceans (whales, dolphins and porpoises) in Australian waters.
International Whale Sanctuaries
The International Convention for the Regulation of Whaling includes provision for fixing sanctuary areas under Article V(1)(c). There are two existing whale sanctuaries - the Indian Ocean Sanctuary and the Southern Ocean Sanctuary.
At the Commission's 2011 annual meeting, Brazil and Argentina proposed the establishment of a South Atlantic Whale Sanctuary. Establishment of a whale sanctuary in the southern Atlantic Ocean basin has been on the Commission's agenda for many years. However, despite receiving majority support on each occasion it has been put forward, it has failed to receive the level of support required for adoption by the Commission. The Commission has resolved to continue to discuss the establishment of a South Atlantic Whale Sanctuary as the first substantive agenda item at the 2012 annual meeting.
- Map of international whale sanctuary boundaries - International Whaling Commission website
The Indian Ocean Sanctuary
In 1979, in its first year as a member of the Commission, the Seychelles introduced the Indian Ocean Sanctuary as an initiative. It prohibits commercial whaling throughout the Indian Ocean extending North from 55 degrees South in addition to adjacent waters including the Red and Arabian Seas and the Gulf of Oman. It was adopted initially in order to protect breeding and calving grounds in the Indian Ocean. It was reviewed and retained in 1992 and in 2002. It will continue to be reviewed every ten years.
The Southern Ocean Sanctuary
In 1992, France initially proposed the Southern Ocean Sanctuary to protect the summer feeding grounds of the Southern Hemisphere great whales. The initiative was adopted in 1994 and the Southern Ocean Sanctuary became another area in which whales were protected from commercial whaling. It prohibits commercial whaling in former Antarctic whaling grounds. The sanctuary was reviewed and retained in 2004 and will continue to be reviewed every ten years.
The Southern Ocean Sanctuary facilitates international, long-term, non-lethal cetacean research programs that provide useful information on the factors affecting whale populations. However, it is an incomplete protection measure as industrial-scale whaling, purportedly for purposes of 'scientific research', continues to target whale species within the sanctuary.
Voluntary contributions
In 2009, Australia made a voluntary contribution to the Commission of $1.5 million to support participation in:
- the Southern Ocean Research Partnership - $500 000 to support the participation of developing countries and research organisations in the activities of the partnership
- small cetacean conservation research - $500 000 to support ongoing research into small cetacean species
- conservation management plans - $500 000 to support the collaborative efforts of Commission members to identify and prioritise those species for which active management of human activities will benefit cetacean conservation outcomes, and support the development and implementation of conservation management plans to achieve those outcomes.
Other conventions
Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)
The convention contributes to conservation by regulating international trade in endangered species. Australia is one of more than 150 countries that are party to the convention. Appendix I of the convention lists species which are threatened with extinction. 'Ten of the 12 great whale species listed in appendix 1 occur in the Southern Hemisphere'.
Convention on the Conservation of Migratory Species (CMS)
The Convention on the Conservation of Migratory Species of Wild Animals is an international treaty aimed at conserving terrestrial, marine and avian migratory species and their habitats throughout their range. Australia became a party to the convention in 1991 and is also a signatory to a number of agreements and memoranda of understanding developed under the convention, including the Memorandum of Understanding for the Conservation of Cetaceans and their habitats in the Pacific Islands Region.
Six of the nine great whale species listed on Appendix I of the convention are found in the Southern Hemisphere. Appendix I lists migratory species that are in danger of extinction throughout all, or a significant proportion of, their range.
Five great whale species listed on Appendix II of the convention are also found in the Southern Hemisphere. Appendix II lists migratory species that have an unfavourable conservation status or would benefit significantly from international co-operation.
For Appendix II species, range states must endeavour to conclude international agreements aimed at benefiting the species, giving priority to those with an unfavourable conservation status.
The Environment Protection and Biodiversity Conservation Act 1999 requires that any species that occurs in Australia and is included on either of the convention's appendices must be listed as a migratory species for the purposes of the Act. There are 18 whale or dolphin species that occur in Australian waters listed on the appendices. Therefore, they are listed as migratory species.
Legal action
On 31 May 2010, Australia initiated legal action against Japan in the International Court of Justice. The purpose of the action is to seek to bring an end to Japan's so called 'scientific' whaling program in the Southern Ocean.
Australia contends that by conducting this program, Japan is in breach of its obligations under international law, including under the International Convention for the Regulation of Whaling.
On 9 May 2011, the Australian Government filed its written submissions (Memorial) with the International Court of Justice, in accordance with the court's orders. The court has ordered that Japan must file its written submissions (Counter-Memorial) by 9 March 2012.There may be further written pleadings in the case. After these steps, an oral hearing of the merits of the case will take place at the Court in The Hague.
Many of the issues associated with the legal action are complex in nature. It is typical for proceedings before the court to take a number of years before a final judgment is given.