[Congressional Record Volume 147, Number 93 (Friday, June 29, 2001)]
[Senate]
[Pages S7258-S7260]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SENATE RESOLUTION 121--EXPRESSING THE SENSE OF THE SENATE REGARDING THE
POLICY OF THE UNITED STATES AT THE 53RD ANNUAL MEETING OF THE
INTERNATIONAL WHALING COMMISSION
Mr. KERRY (for himself, Ms. Snowe, Mr. Hollings, Mr. McCain, Mr.
Biden, Mr. Sarbanes, Mrs. Boxer, Mr. Kennedy, and Mr. Feingold)
submitted the following resolution; which was referred to the Committee
on Foreign Relations:
S. Res. 121
Whereas whales have very low reproductive rates, making
whale populations extremely vulnerable to pressure from
commercial whaling;
Whereas whales migrate throughout the world's oceans and
international cooperation is required to successfully
conserve and protect whale stocks;
Whereas in 1946 the nations of the world adopted the
International Convention for the Regulation of Whaling, which
established the International Whaling Commission to provide
for the proper conservation of the whale stocks;
Whereas the Commission adopted a moratorium on commercial
whaling in 1982 in order to conserve and promote the recovery
of the whale stocks;
Whereas the Commission has designated the Indian Ocean and
the ocean waters
[[Page S7259]]
around Antarctica as whale sanctuaries to further enhance the
recovery of whale stocks;
Whereas many nations of the world have designated waters
under their jurisdiction as whale sanctuaries where
commercial whaling is prohibited, and additional regional
whale sanctuaries have been proposed by nations that are
members of the Commission;
Whereas several member nations of the Commission have taken
reservations to the Commission's moratorium on commercial
whaling and 1 member nation is currently conducting
commercial whaling operations in spite of the moratorium and
the protests of other nations;
Whereas the Commission has adopted several resolutions at
recent meetings asking member nations to abandon plans to
initiate or continue commercial whaling activities conducted
under reservation to the moratorium;
Whereas another member nation of the Commission has taken a
reservation to the Commission's Southern Ocean Sanctuary and
continues to conduct unnecessary lethal scientific whaling in
the waters of that sanctuary;
Whereas the Commission's Scientific Committee has
repeatedly expressed serious concerns about the scientific
need for such lethal whaling;
Whereas scientific information on whales can readily be
obtained through non-lethal means;
Whereas the lethal take of whales under reservations to the
Commission's policies have been increasing annually;
Whereas there continue to be indications that whale meat is
being traded on the international market despite a ban on
such trade under the Convention on International Trade in
Endangered Species (CITES), and that meat may be originating
in one of the member nations of the Commission;
Whereas engaging in unauthorized commercial whaling and
lethal scientific whaling undermines the conservation program
of the Commission: Now, therefore, be it,
Resolved, That it is the sense of the Senate that--
(1) at the 53rd Annual Meeting the International Whaling
Commission the United States should--
(A) remain firmly opposed to commercial whaling;
(B) initiate and support efforts to ensure that all
activities conducted under reservations to the Commission's
moratorium or sanctuaries are ceased;
(C) oppose the lethal taking of whales for scientific
purposes unless such lethal taking is specifically authorized
by the Scientific Committee of the Commission;
(D) seek the Commission's support for specific efforts by
member nations to end illegal trade in whale meat; and
(E) support the permanent protection of whale populations
through the establishment of whale sanctuaries in which
commercial whaling is prohibited;
(2) at the 12th Conference of the Parties to the Convention
on International Trade in Endangered Species, the Uunited
States should oppose all efforts to reopen international
trade in whale meat or downlist any whale population; and
(3) the United States should make full use of all
appropriate diplomatic mechanisms, relevant international
laws and agreements, and other appropriate mechanisms to
implement the goals set forth in paragraphs (1) and (2).
Mr. KERRY. Mr. President, As Chairman of the Oceans and Fisheries
Subcommittee, I rise today to submit a resolution regarding the policy
of the United States at the upcoming 53rd Annual Meeting of the
International Whaling Commission, IWC. I wish to thank the Ranking
Member of the Subcommittee, Ms. Snowe, for co-sponsoring this
resolution. I wish to also thank my colleagues Mr. Hollings, Mr.
McCain, Mr. Biden, Mrs. Boxer, Mr. Sarbanes, Mr. Kennedy and Mr.
Feingold for co-sponsoring as well.
The IWC will meet in London from July 23-27th. Despite an IWC
moratorium on commercial whaling since 1985, Japan and Norway have
harvested over 1000 minke whales since the moratorium was put in place.
Whales are already under enormous pressure world wide from collisions
with ships, entanglement in fishing gear, coastal pollution, noise
emanating from surface vessels and other sources. The need to conserve
and protect these magnificent mammals is clear.
The IWC was formed in 1946 in recognition of the fact that whales are
highly migratory and that they do not belong to any one Nation. In
1982, the IWC agreed on an indefinite moratorium on all commercial
whaling beginning in 1985. Unfortunately, Japan has been using a
loophole that allows countries to issue themselves special permits for
whaling under scientific purposes. The IWC Scientific Committee has not
requested any of the information obtained by killing these whales and
has stated that Japan's scientific whaling data is not required for
management. Norway, on the other hand, objects to the moratorium on
whaling and openly pursues a commercial fishery for whales.
This resolution calls for the U.S. delegation to the IWC to remain
firmly opposed to commercial whaling. In addition, this resolution
calls for the U.S. to oppose the lethal taking of whales for scientific
purposes unless such lethal taking is specifically authorized by the
Scientific Committee of the Commission. The resolution calls for the
U.S. delegation to support an end to the illegal trade of whale meat
and to support the permanent protection of whale populations through
the establishment of whale sanctuaries in which commercial whaling is
prohibited.
I ask unanimous consent to insert into the Record a statement from
the World Wildlife Fund, WWF, concerning the upcoming meeting of the
IWC and the protection of whales.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Statement of World Wildlife Fund
Today, populations of nearly all the great whales are at
depressed levels, a legacy of unsustainable whaling during
the last two centuries. Some, such as the North Atlantic
right and Antarctic blue whales, survive as a few hundred
individuals at the brink of extinction, having failed to
rebound from past exploitation. Others are believed to be
returning to healthy levels. While direct human impacts on
whales remain a concern, other more diffuse threats may
ultimately exact a greater toll. Rapid climate warming in the
next few decades is expected to disrupt whale migration,
breeding, and food support. And accumulation of DDT, PCBs,
and other toxic contaminants in the marine food chain is
already affecting some whales and may endanger their immune
systems and ability to reproduce. Such broad-based threats to
the marine environment are difficult to address in ways that
will alleviate harm to whales specifically, and make it all
the more important that whales are not also threatened by
uncontrolled commercial whaling.
The International Whaling Commission, IWC, was established
under the 1946 International Convention for the Regulation of
Whaling, and is the sole international regulatory body
charged with the management of cetaceans. International
regulation of whaling was recognized by the UN Convention on
the Law of the Sea, and reaffirmed by Agenda 21 as essential
for these highly migratory species.
Despite the global moratorium on commercial whaling put in
place by the IWC in 1986, over 1000 Northern and Southern
minke whales are still being caught each year. Within the
IWC, Japan continues to catch hundreds of whales (many in the
Southern Ocean which is designated as an IWC whale sanctuary)
using a loophole for scientific research, while Norway
pursues an openly commercial hunt under a legal ``objection''
to the moratorium. For over a decade, both countries have
proceeded without IWC approval and indeed in the face of
repeated censure by the Commission. Norway is currently
moving to re-open international trade in whale products
despite a ban under CITES, and Japan has just extended its
scientific whaling to include sperm and Bryde's whales as
well as the two species of minkes.
Japan and Norway's insistence on hunting whales despite the
moratorium has brought IWC to a dangerous impasse. No sound
management scheme currently exists to ensure the
sustainability of whaling, although a Revised Management
Scheme, RMS, that could help to do so has been under
discussion in the IWC for several years.
Japan and Norway have long said they viewed completion of
the RMS as a turning point in their efforts to lift the
whaling moratorium, and both countries have harshly
criticized IWC for failing to reach agreement on the RMS. In
recent IWC talks, however, the great majority of countries
present sought to include crucial safeguards on the
supervision and control of whaling in the RMS. They did so
over the strenuous and repeated objections of Japan and
Norway, who seemed unwilling to agree to safeguards that
would ensure that commercial whaling does not threaten whale
populations.
In addition, Japan and Norway are supported in the IWC by
the votes of a loyal group of countries, many of them small
island states that receive significant assistance from Japan.
This gives the whalers a blocking minority of votes and has
exacerbated the IWC's deadlock.
Because a tiny minority of countries in the IWC refuses to
cease commercial whaling, it is imperative that new
safeguards (including highly precautionary catch limits and
provisions on monitoring, surveillance, and control such as
DNA sampling of all whales caught, a diagnostic DNA register,
and sanctions for non-compliance) be agreed that will contain
their activities and bring them back under full IWC control
at the earliest possible date. An RMS could advance this goal
provided it contains sufficient safeguards, including a
Revised Management Procedure that sets all catch limits at
zero unless otherwise calculated and approved. Such an RMS
should replace the now obsolete 1974 management scheme.
The IWC 53rd Conference of Parties meets at Hammersmith,
London, in late July of
[[Page S7260]]
this year. The Hammersmith meeting must make progress in
resolving the impasse within IWC, bringing whaling by Norway
and Japan under international control as a matter of urgency,
and ensuring that any discussion on the RMS incorporate
rigorous safeguards to rein in current and potential whaling
abuses.
The IWC's mandate requires first and foremost that it
prevent the return of uncontrolled large-scale commercial
whaling. This is the near-term agenda by which it will be
judged and is currently the main contribution it has to offer
conservation of cetaceans more broadly. For the IWC to remain
relevant over the long term, however, it must expand its
scope of engagement to address the other human activities
which threaten whales and focus action on ensuring the
survival of the most endangered species.
Ms. SNOWE. Mr. President, the resolution that Senator Kerry and I are
submitting is very timely and important. As we work here in the Senate
today, representatives of nations from around the globe are preparing
for the 53rd Annual Meeting of the International Whaling Commission to
be held in London July 23-27, 2001. At this meeting, the IWC will
determine the fate of the world's whales through consideration of
proposals to end the current global moratorium on commercial whaling.
The adoption of any such proposals by the IWC would mark a major
setback in whale conservation. It is imperative that the United States
remain firm in its opposition to any proposals to resume commercial
whaling and that we, as a nation, continue to speak out passionately
against this practice.
It is also time to close one of the loopholes used by nations to
continue to whale without regard to the moratorium or established whale
sanctuaries. The practice of unnecessary lethal scientific whaling is
outdated and the value of the data of such research has been called
into question by an international array of scientists who study the
same population dynamics questions as those who harvest whales in the
name of science. This same whale meat is then processed and sold in the
marketplace. These sentiments have been echoed by the Scientific
Committee of the IWC which has repeatedly passed resolutions calling
for the cessation of lethal scientific whaling, particularly that
occurring in designated whale sanctuaries. They have offered to work
with all interested parties to design research protocols that will not
require scientists to harm or kill whales.
Last year, Japan expanded their scientific whaling program over the
IWC's objections. The resolution that we are offering expresses the
Sense of the Senate that the United States should continue to remain
firmly opposed to any resumption of commercial whaling and oppose, at
the upcoming IWC meeting, the non-necessary lethal taking of whales for
scientific purposes.
Commercial whaling has been prohibited for many species for more than
sixty years. In 1982, the continued decline of commercially targeted
stocks led the IWC to declare a global moratorium on all commercial
whaling which went into effect in 1986. The United States was a leader
in the effort to establish the moratorium, and since then we have
consistently provided a strong voice against commercial whaling and
have worked to uphold the moratorium. This resolution reaffirms the
United States' strong support for a ban on commercial whaling at a time
when our negotiations at the IWC most need that support. Norway, Japan,
and other countries have made it clear that they intend to push for the
elimination of the moratorium, and for a return to the days when whales
were treated as commodities.
The resolution would reiterate the U.S. objection to activities being
conducted under reservations to the IWC's moratorium. The resolution
would also oppose all efforts made at the Convention on International
Trade in Endangered Species, CITES, to reopen international trade in
whale meat or to downlist any whale population. In addition, the IWC,
as well as individual nations including the United States, has
established whale sanctuaries that would prevent whaling in specified
areas even if the moratorium were to be lifted. Despite these efforts
to give whale stocks a chance to rebuild, the number of whales
harvested has increased in recent years, tripling since the
implementation of the global moratorium in 1986. This is a dangerous
trend that does not show signs of stopping.
Domestically, we work very hard to protect whales in U.S. waters,
particularly those considered threatened or endangered. Our own laws
and regulations are designed to give whales one of the highest
standards of protection in the world, and as a result, our own citizens
are subject to rules designed to protect against even the accidental
taking of whales. Commercial whaling is, of course, strictly
prohibited. Given what is asked of our citizens to protect against even
accidental injury to whales here in the United States, it would be
grossly unfair if we retreated in any way from our position opposing
commercial, intentional whaling by other countries. Whales migrate
throughout the world's oceans, and as we protect whales in our own
waters, so should we act to protect them internationally.
Whales are among the most intelligent animals on Earth, and they play
an important role in the marine ecosystem. Yet, there is still much
about them that we do not know. Resuming the intentional harvest of
whales is irresponsible, and it could have ecological consequences that
we cannot predict. Therefore, it is premature to even consider easing
conservation measures.
The right policy is to protect whales across the globe, and to oppose
the resumption of commercial whaling. I urge my colleagues to support
swift passage of this resolution.
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