[Congressional Record Volume 148, Number 61 (Tuesday, May 14, 2002)]
[Senate]
[Pages S4331-S4334]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  STATEMENTS ON SUBMITTED RESOLUTIONS

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SENATE RESOLUTION 267--EXPRESSING THE SENSE OF THE SENATE REGARDING THE 
     POLICY OF THE UNITED STATES AT THE 54TH ANNUAL MEETING OF THE 
                    INTERNATIONAL WHALING COMMISSION

  Mr. KERRY (for himself, Ms. Snowe, Mr. Hollings, Mr. McCain, Mr. 
Lieberman, Mr. Wyden, Mr. Akaka, Mr. Reed, Mr. Torricelli, Mr. 
Fitzgerald, Ms. Collins, Mr. Lugar, Mrs. Boxer, and Mr. Kennedy) 
submitted the following resolution; which was referred to the Committee 
on Foreign Relations:

                              S. Res. 267

       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 whale stocks;
       Whereas the Commission adopted a moratorium on commercial 
     whaling in 1982 in order to conserve and promote the recovery 
     of whale stocks;
       Whereas the Commission has designated the Indian Ocean and 
     the ocean waters 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 two member nations currently have 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 a nonmember nation that opposes the moratorium 
     against commercial whaling is seeking to joint the 
     Convention, on the condition that it be exempt from the 
     moratorium;
       Whereas the Commission has adopted several resolutions at 
     recent meetings asking member nations to halt commercial 
     whaling activities conducted under reservation to the 
     moratorium and to refrain from issuing special permits for 
     research involving the killing of whales and other cetaceans;
       Whereas 1 member nation of the Commission has taken a 
     reservation to the Commission's Southern Ocean Sanctuary and 
     also continues to conduct unnecessary lethal Scientific 
     whaling in the Southern Ocean and in the North Pacific 
     Ocean;
       Whereas the Commission's Scientific Committee has 
     repeatedly expressed serious concerns about the scientific 
     need for such lethal research;
       Whereas one member nation in the past unsuccessfully sought 
     an exemption allowing commercial whaling of up to 50 minke 
     whales, in order to provide economic assistance to specific 
     vessels, now seeks a scientific permit for these same vessels 
     to take 50 minke whales;
       Whereas the lethal take of whales under scientific permits 
     has increased both in quantity and species, with species now 
     including minke, Bryde's, and sperm whales, and new proposals 
     have been offered to include sei whales for the first time;
       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, and that meat may be originating in one 
     of the member nations of the Commission; and
       Whereas engaging in commercial whaling under reservation 
     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 54th Annual Meeting of 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 proposal to allow a non-member country to 
     join the convention with a reservation that exempts it from 
     the moratorium against commercial whaling:
       (D) oppose the lethal taking of whales for scientific 
     purposes unless such lethal taking is specifically authorized 
     by the Scientific Committee of the Commission;
       (E) seek the Commission's support for specific efforts by 
     member nations to end illegal trade in whale meat; and
       (F) 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 United 
     States should oppose all efforts to reopen international 
     trade in whale meat or downlist any whale population;
       (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); and
       (4) if the Secretary of Commerce certifies to the 
     President, under section 8(a)(2) of the Fishermen's 
     Protective Act of 1967 (22 U.S.C. 1978(a)(2)), that nationals 
     of a foreign country are engaging in trade or a taking which 
     diminishes the effectiveness of the Convention, then the 
     United States should take appropriate steps at its disposal 
     pursuant to Federal law to convince such foreign country to 
     cease such trade or taking.

  Mr. KERRY. Mr. President, as Chairman of the Oceans, Atmosphere and 
Fisheries Subcommittee, I rise today to submit a resolution regarding 
the policy of the United States at the upcoming 54th Annual Meeting of 
the International Whaling Commission, IWC. I wish to thank the Ranking

[[Page S4334]]

Member of the Subcommittee, Ms. Snowe, for co-sponsoring this 
resolution. I wish to also thank my colleagues Mr. Hollings, Mr. 
McCain, Mr. Wyden, Mr. Fitzgerald, Mr. Lieberman, Mr. Akaka, Mr. Reed, 
Mr. Torricelli, Ms. Collins, Mr. Lugar, Mrs. Boxer and Mr. Kennedy for 
co-sponsoring as well.
  The IWC will meet in Japan from May 20 to 24, 2002. 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 under the International Convention for the 
Regulation of Whaling, Convention, 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. At this meeting, Japan intends to propose to 
add an additional 100 whales to the whales it kills for scientific 
purposes. Japan's claim that it needs these whales for scientific 
purposes is ever more tenuous: last year, Japan unsuccessfully sought 
to obtain an exemption allowing 50 whales to be commercially hunted to 
provide economic assistance to specific vessels. This year, Japan is 
seeking to use these same vessels to kill the same number of whales, in 
the name of ``science.'' The additional 50 whales include new species, 
sei whales. Norway, on the other hand, objects to the moratorium on 
whaling and openly pursues a commercial fishery for whales. Iceland, 
currently a nonparty, is proposing to join the Convention, but only if 
it is granted a reservation that exempts it from the ban on commercial 
whaling.
  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. to oppose the proposal to allow a non-member country to join the 
Convention with a reservation that would allow it to commercially 
whale. 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.

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