Natural Resources: The International Convention for the Regulation of

Whaling

Nicky Grandy, Secretary to the International Whaling Commission

Outline

Background• Events leading to the Convention• IWC – role of science, activities

Interactions and co-operation with others

Current & future challenges• For IWC – relevance to other regimes?• More generally

Development of whaling

Goes back thousands of years ‘Industrial’ whaling began 12th century

• small boats (sail/oar)• hand harpoons & lances

Modern whaling – from 1860s• technological developments (explosive

grenade harpoon, powered catcher boats)• massive expansion of the industry

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1900 1905 1910 1915 1920 1925 1930 1935

Antarctic Expansion

1930/31: 41 factory ships, 37,000 whales

1904: 1 station, 195 whales

1913: 6 stations, 21 factories, 10,716 whales

1925: invention of stern slipway

International management

1930s• Production agreements• League of Nations

1946 Washington Conference International Convention for the

Regulation of Whaling (ICRW)

Signed 63 years ago today

The Convention

‘…to provide for the proper conservation of whale stocks and thus make possible the orderly development of the whaling industry’

Regulations to be ‘...based on scientific findings’

Among other things, the Convention:

Applies to whaling operations in all waters Establishes the Commission Includes the rules governing the conduct of

whaling (the Schedule) Lays down rules for decision-making Provides for research under special permit Allows governments to object to decisions in

relation to the Schedule Allows the Commission to make

recommendations to any or all members on any matters relating to whales/whaling

What it doesn’t cover

Doesn’t allow the setting of national quotas

No dispute settlement mechanism Is silent on reservations

But despite the 1946 Convention, whale stocks continued to decline

And led to:

A moratorium on commercial whaling that took effect from 1986 and is still in place

Some whaling continues

Some under IWC control• Aboriginal subsistence whaling

Some outside IWC control• Commercial whaling under ‘objection’ or

‘reservation’• ‘scientific’ whaling

Trend in membership

Differing views/attitudes/policies

10 members in 1948 – all whaling nations 88 members today

• only 7 taking large whales• all agree on importance of conservation &

value of best scientific advice• but different views on acceptability of

killing whales Polarised organisation IWC a resource management organisation or

MEA?

Science and the IWC

Scientific Committee• Key to the work of the Commission• Established 1950• A recognised authority on cetaceans• > 200 scientists• Meets annually + intersessional workshops• Wide range issues

Topics/issues addressed

Stock assessment Management procedures

• Setting catch limits

Indirect takes Ecosystem modelling Sanctuaries Reviewing special permit

whaling Endangered species/

conservation manage-ment plans

Small cetaceans Whalewatching Environmental concerns

Chemical pollution Climate change Ship strikes Noise Diseases

[Animal welfare]

Interaction & co-operation

Significant interaction/co-operation with some 10 IGOs

• Specified in Convention text (CCAMLR)• Formal Agreements (CMS, IMO)• Resolutions (CITES)• ‘just do it’ (IUCN, RFMOs)

Mutual observers, common scientists, joint activities, Secretariat-to-Secretariat

Meaningful co-operation can be a challenge

A few examples

Ecosystem modelling Monitoring, control & surveillance Noise Sanctuaries

Ecosystem modelling Work in early stages

• very challenging IWC initial work on use of ecosystem models

to explore potential impact of cetaceans on fishery yields

• Currently no single approach can be recommended to provide reliable information of value

Co-operation with CCAMLR regarding Antarctic marine ecosystem models

• Joint workshop, August 2008

Monitoring, control & surveillance

Regulations obeyed and seen to be obeyed

Work on new scheme (RMS) for IWC currently on hold

But was taking account of schemes in RFMOs• CCAMLR held up as ‘best practice’

Anthropogenic noise

Sound of great importance to cetaceans• Use for communication, echolocation

But general concern on marine life Cleary an issue requiring co-operation and

co-ordination• mitigation

• joined new IMO initiative on minimising noise from commercial shipping

• research• Some co-operation with SCAR

Sanctuaries

Current challenges - IWC

To find a consensus solution to issues that have polarised debates to enable IWC to fulfil its mandate for the conservation of whale stocks and the management of whaling

Finding a solution

Initiatives in late 1990s and mid 2000 unsuccessful

Latest & ongoing initiative started in 2007• against background of non-IWC initiatives• belief that the status quo no longer acceptable

Focused on procedural issues & ways to improve negotiations before moving on to substantive issues

Procedures & practices

3-day intersessional + Annual Meeting in 2008

Brought in outside ‘experts’ Positive outcome

• commitment to consensus decisions and ‘no surprise’ culture

• Recognition of need for open & closed sessions and ‘miniaturisation’

• New working languages• Greater participation by NGOs

Addressing substantive matters

Recognition that solution lies in a ‘package’ of measures involving compromise on all sides

Began in 2008 by identifying issues of importance to members

Hoped to have package(s) proposal for decision-making this year

Discussions not finished and work extended for further year, i.e. until June 2010

More general challenges

Capacity-building• At the scientific level in particular

Effective interaction, co-operation and co-ordination