At the 59th annual meeting of the International Whaling Commission (IWC), held in Anchorage, Alaska in May 2007, Japan’s latest attempts to revive legal commercial whale hunting were defeated. But the country continued to insist on the legality of its “scientific” hunts of more than 10,000 whales since 1987, and since the conclusion of the meeting antihunting countries have appeared unwilling to do more in response than issue public criticism. In contrast, the environmental organizations Greenpeace and the Sea Shepherd Conservation Society prevented the killing whales during the second half of January of this year by chasing the Japanese hunting fleet through thousands of miles of the Southern Ocean. For background on the IWC and whale hunting, see the Advocacy for Animals June 2007 article Hunting the Whales.
The 2007 meeting of the IWC
Japan, the leader of the prohunting bloc within the IWC and by far the leading killer of whales in the world since the IWC imposed an indefinite ban on commercial hunting in 1986, lost the prohunting majority it briefly held during the 58th IWC meeting in St. Kitts and Nevis (which it used to pass a resolution declaring the organization’s commitment to “normalize” its functions—i.e., to return to its role as manager of legal commercial whale hunting). Japan circulated but eventually withdrew a draft resolution that would have allowed four Japanese communities to kill an undetermined number of minke whales “exclusively for local consumption” for a five-year period; critics regarded the proposal as an attempt to equate local small-scale commercial hunting with aboriginal hunting, which the IWC allows, and thereby create an undermining exception to the IWC’s general commercial-hunting ban.
Meanwhile, the Scientific Committee of the IWC endorsed the findings of a 2006 workshop on the Japan Research Programme in the Antarctic (JARPA), in which Japan killed some 7,000 Antarctic minke whales from 1987 to 2003 under the guise of “scientific research” (a provision of the IWC’s founding treaty, the International Convention for the Regulation of Whaling [ICRW], allows member countries to kill whales for this purpose); the workshop found that none of the ostensible scientific goals of JARPA had been achieved and that what data did result from the program were not required for the management of any future commercial-hunting regime. Finally, in a resolution adopted on the last day of the meeting, the IWC declared that JARPA II—Japan’s program to kill approximately 850 Antarctic minke whales, 50 fin whales, and 50 humpback whales annually for an indefinite period starting in 2005–06 (humpback whales would not be killed until 2007–08)—failed to address any critically important research needs, and it urged Japan to suspend the “lethal aspects” of the program indefinitely.
Apparently frustrated in its declared goal of moving the IWC closer to “normalization,” Japan hinted after the meeting that it would seriously consider withdrawing from the IWC altogether to establish a rival, prohunting organization, which Iceland and Norway presumably would join. Although some antihunting countries dismissed the threat as a bargaining tool that Japan had used before, others argued that the diplomatic deadlocks that increasingly characterized IWC proceedings threatened to render the organization ineffective and irrelevant. They urged a fundamental reform of the IWC and greater efforts to find common ground with the Japanese position.
The Japanese position was reflected in the country’s decision in 2005 to kill nearly twice as many Antarctic minke whales annually under JARPA II as it did under JARPA and to add 100 humpback and fin whales, both of which are endangered, to the annual total. In the words of Hideki Moronuki, a spokesperson for Japan’s Ministry of Agriculture, Forestry, and Fisheries, “Minke or humpback, we see whales as a marine resource.”
The targeting of humpback whales—renowned for their mysterious songs and their spectacular acrobatic breaches—raised an international outcry and prompted formal diplomatic protests from 31 countries. In December 2007, one month after the departure of its hunting fleet for Antarctic waters, Japan announced that it would temporarily suspend the hunting of humpback whales while extraordinary talks on the reform of the IWC proceeded. Some organizations expressed concern that Japan was using its threat to hunt humpback whales in order to secure a partial lifting of the commercial-hunting ban or other significant concessions in advance of the IWC’s June 2008 meeting in Santiago.
Confrontation at sea
In the wake of the IWC’s firmly worded resolutions, and as diplomatic efforts toward accommodating the Japanese position continued, the Japanese fleet, consisting of four harpoon vessels and a factory ship, the Nishun Maru, began hunting in the Southern Ocean Sanctuary, a region in which commercial whale hunting was permanently banned by the IWC in 1994. As in past years, the fleet also killed whales within the so-called Australian Whale Sanctuary, a region of ocean established by the Australian government in 1999 that extends to 200 nautical miles from the Australian mainland and from the Australian Antarctic Territory, the large part of the Antarctic continent that Australia claims as its own. Under the country’s Environment Protection and Biodiversity Act (1999), it is forbidden to “kill, injure, or interfere with a cetacean” within the Australian Whale Sanctuary.
In early January 2008 Australia dispatched an armed customs vessel, the Oceanic Viking, to locate and monitor the Japanese fleet; according to the Australian Foreign Ministry, the Oceanic Viking and a modified passenger jet would collect photographic and video evidence of Japanese whaling for possible use in legal action against Japan in the International Court of Justice or the International Tribunal for the Law of the Sea. Meanwhile, Greenpeace and the Sea Shepherd Conservation Society launched their own expeditions to the Southern Ocean. As in past years, Greenpeace aimed to document and, if possible, disrupt the hunt through “nonviolent direct action” (essentially, placing Greenpeace activists between the whales and the hunters), while Sea Shepherd’s sole objective was to prevent the killing of whales by means of aggressive tactics such as fouling propellers with ropes or nets and ramming hunting vessels in the stern—a maneuver it called a “steel enema.” (Because Greenpeace is committed to nonviolence, it refuses to cooperate with Sea Shepherd in any way, including by providing information on the location of hunting vessels it has found.)
During the second week of January, the Greenpeace ship Esperanza and the Sea Shepherd ship Steve Irwin independently located the Nishun Maru, which immediately fled the sanctuary as the rest of the hunting fleet dispersed. After three days of pursuit at full speed, the Steve Irwin broke off the chase and turned south to search for the Japanese harpoon vessels. Two days later, as the Esperanza continued to chase the Nishun Maru, the Steve Irwin made visual contact with four vessels and a fuel and supply ship, the Oriental Bluebird. The ensuing clash between Sea Shepherd and the Japanese quickly escalated into an international incident that severely strained relations between Australia and Japan while generating enormous and largely sympathetic publicity for the antihunting cause.
As the Japanese ships scattered, two crew members from the Steve Irwin used ropes to hoist themselves from a speedboat onto the deck of one of the vessels, the Yishun Maru 2, in order to deliver a letter to its captain, informing him that he was in violation of international conservation law and demanding that he cease his participation in the whale hunt. The two crew members, an Australian and a Briton, were immediately restrained by the Japanese and were prevented from returning to the Steve Irwin, though the letter they were carrying disavowed any intention to commit violence or sabotage and requested that they be allowed to return to their ship “without harm or seizure.” With the protesters still aboard, the Yishun Maru 2 fled south, presumably to regroup with the other harpoon vessels. Meanwhile, the Nishun Maru, which had been heading toward South Africa with the Esperanza in pursuit, suddenly reversed course and headed back toward the Australian Sanctuary.
As the Steve Irwin and the Esperanza chased different parts of the Japanese fleet toward the same area of ocean, Sea Shepherd continued its appeals to the Australian government to intervene. The Japanese, for their part, refused to release the protesters unless the Steve Irwin‘s captain, Paul Watson (the founder and head of the Sea Shepherd Conservation Society), agreed to cease his interference in Japanese whale hunting. Evidently relishing the irony of the situation, Watson refused, declaring that “using hostages to make demands is the hallmark of terrorism and Sea Shepherd has no interest in negotiating with terrorist groups.”
The situation was finally resolved when Australia directed the Oceanic Viking to transfer the crew members from the Yishun Maru 2 to the Steve Irwin. Although both Sea Shepherd and Greenpeace resumed their pursuit of the Japanese fleet, their smaller ships soon ran low on fuel, and both were forced to return to Australia at the end of January. (The Esperanza briefly delayed, but did not prevent, the refueling of the Nishun Maru by theOriental Bluebird on January 23.) While Greenpeace declared the end of its 2007–08 Antarctic campaign, Sea Shepherd appealed for funds to pay for more diesel fuel.
Victory in court
As the drama at sea was unfolding, the Federal Court of Australia, in Humane Society International Inc. v. Kyodo Senpaku Kaisha Ltd., ruled on January 15 that the owners of the Japanese whale-hunting fleet had violated Australian law (the Environment Protection and Biodiversity Act) by killing whales within the Australian Whale Sanctuary, and it ordered the company to stop the current hunt immediately. Although only four other countries recognize Australia’s claim to the Australian Antarctic Territory, in terms of which the extent of the Australian Whale Sanctuary is partly defined, the court held that the legitimacy of its ruling was not affected by that fact.
The ruling immediately gave hope to conservation groups throughout the world that Australia would finally intervene in the Japanese hunts. Indeed, the campaign platform of Australia’s Labor Party, which had formed a new federal government in November 2007, criticized the previous conservative government for not taking any “real action” to oppose whale hunting and promised that a federal Labor government would “enforce Australian law banning the slaughter of whales in the Australian Whale Sanctuary” and “intercept vessels operating illegally.”
Unfortunately, however, no such direct action was forthcoming; once Greenpeace and Sea Shepherd returned to Australia, the Japanese began killing whales again. On January 30–31, the Oceanic Viking, which continued to observe the Japanese fleet, confirmed a report that up to five more Antarctic minke whales had been harpooned and hauled aboard the Nishun Maru for butchering.