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 12 th 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

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