[Congressional Record Volume 151, Number 38 (Wednesday, April 6, 2005)]
[Senate]
[Pages S3316-S3317]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




SENATE RESOLUTION 99--EXPRESSING THE SENSE OF THE SENATE TO CONDEMN THE 
INHUMANE AND UNNECESSARY SLAUGHTER OF SMALL CETACEANS, INCLUDING DALL'S 
PORPOISE, THE BOTTLENOSE DOLPHIN, RISSO'S DOLPHIN, FALSE KILLER WHALES, 
 PILOT WHALES, THE STRIPED DOLPHIN, AND THE SPOTTED DOLPHIN IN CERTAIN 
                                NATIONS

  Mr. LAUTENBERG (for himself, Mr. Levin, Mr. Sarbanes, and Mr. 
Lieberman) submitted the following resolution; which was referred to 
the Committee on Foreign Relations::

                               S. Res. 99

       Whereas the United States has consistently worked to 
     increase protections for marine mammals, such as dolphins and 
     whales, since the enactment of the Marine Mammal Protection 
     Act of 1972 (16 U.S.C. 1361 et seq.);
       Whereas dolphins and whales are found worldwide, including 
     in both of the polar regions, throughout the high seas, and 
     along most coastal areas;
       Whereas these unique, highly social, and intelligent 
     animals have caught the imagination of the public not only in 
     the United States, but in many nations around the world;
       Whereas the over-exploitation of small cetaceans for 
     decades has resulted in the serious decline, and in some 
     cases, the commercial extinction, of those species;
       Whereas each year tens of thousands of small cetaceans are 
     herded into small coves in certain nations, are slaughtered 
     with spears and knives, and die as a result of blood loss and 
     hemorrhagic shock;
       Whereas in many cases, those responsible for the slaughter 
     prevent documentation or data from the events from being 
     recorded or made public;
       Whereas the deficient information on hunt yields and small 
     cetacean populations indicates a lack of commitment to 
     maintaining sustainable populations and prevents scrutiny of 
     humaneness of killing methods;
       Whereas for at least the past 4 years toxicologists have 
     issued warnings regarding high levels of mercury and other 
     contaminants in meat from small cetaceans caught off coastal 
     regions;
       Whereas some nations that participate in small cetacean 
     slaughter are members of the United Nations Convention on the 
     Law of

[[Page S3317]]

     the Sea, done at Montego Bay, Jamaica, December 10, 1982, and 
     are therefore bound to honor article 65 of that Convention, 
     which declares that ``States shall cooperate with a view to 
     the conservation of marine mammals and in the case of 
     cetaceans shall in particular work through the appropriate 
     international organizations for their conservation, 
     management, and study'';
       Whereas in 1946, 14 nations adopted the International 
     Convention for the Regulation of Whaling with schedule of 
     whaling regulations, signed at Washington December 2, 1946 
     (TIAS 1849), which established the International Whaling 
     Commission to provide for the proper conservation of whales 
     stocks; and
       Whereas the International Whaling Commission on numerous 
     occasions has called into question the slaughter by member 
     nations of small cetaceans, has asked for the reduction of 
     the number of animals killed, and has in certain instances 
     urged for the halt of the slaughter altogether, including by 
     passing resolutions condemning drive hunts of striped 
     dolphins in 1992 and 1993 and resolutions criticizing 
     exploitation of Dall's porpoises in 1990, 1999, and 2001: 
     Now, therefore, be it
       Resolved, That it is the sense of the Senate that--
       (1) the United States strongly condemns the slaughter of 
     small cetaceans in drive fisheries and urges nations that 
     participate in small cetacean slaughter to end commercial 
     hunts;
       (2) at the 57th Annual Meeting of the International Whaling 
     Commission in Korea, the United States should--
       (A) negotiate regional and international agreements to 
     decrease catch and bycatch of all cetaceans;
       (B) advocate for clarification that the mandate of the 
     International Whaling Commission includes small cetaceans;
       (C) call on nations that participate in small cetacean 
     slaughter to stop their commercial hunts;
       (D) seek the inclusion of an agenda item in the Working 
     Group on Whale Killing Methods and Associated Welfare Issues 
     on killing methods for small cetaceans and implications for 
     the welfare of small cetaceans;
       (E) strongly urge all nations that engage in small cetacean 
     hunts--
       (i) to provide detailed information to the International 
     Whaling Commission on primary and secondary killing methods 
     used for each species of small cetacean killed, the method 
     used to measure insensibility or death, and times of death; 
     and
       (ii) to share with the International Whaling Commission 
     data on the sustainability of small cetacean populations; and
       (F) initiate and support efforts--
       (i) to firmly support the role and authority of the newly 
     created Conservation Committee; and
       (ii) to ensure an ambitious conservation agenda for all 
     future meetings of the Committee; and
       (3) the United States should make full use of all 
     appropriate diplomatic mechanisms, relevant international 
     laws and agreements, Federal laws, including the Fishermen's 
     Protective Act of 1967 (commonly known as the Pelly 
     Amendment) (22 U.S.C. 1971 et seq.), and other appropriate 
     means to implement these goals.
  Mr. LAUTENBERG. Mr. President, I rise to submit a resolution to 
condemn the inhumane and unnecessary slaughter of dolphins, porpoises, 
and small whales that occurs in certain nations around the world.
  This resolution would send the U.S. delegation to this year's 
International Whaling Commission meeting with the message that the 
slaughter of these marine mammals must be stopped, and that the 
commission must protect them. I am pleased to be joined by my 
cosponsors, Senators Levin, Sarbanes, and Lieberman.
  Each year, more than 20,000 dolphins, porpoises, and small whales, 
which are collectively called small cetaceans, are slaughtered by 
methods that are beyond inhumane.
  These mammals are intelligent, they live in family groups, and they 
feel pain. In many cases, they are herded together into small coves, 
where they are confined with nets. Once they are trapped, the slaughter 
begins.
  The first step is often to slice their throats with knives, causing 
them to bleed to death. This slow and painful method is used because 
cetaceans are hard to kill, due to their natural protective layer of 
blubber.
  Very often, processing of these mammals begins before they are even 
dead. They are wrenched from the water with cranes, loaded while in a 
state of shock into trucks, and taken to warehouses where their flesh 
is removed to be sold as meat. All of this can occur while the animals 
are still alive.
  Dolphins, porpoises, and small whales are some of the most advanced 
animals in the world, on land or at sea. They can feel pain the same 
way and to the same extent humans can.
  I find this treatment of these remarkable animals abhorrent and 
inhumane. However, the process I have described is also objectionable 
for several other reasons.
  The meat of these animals is sold as food, often mislabeled as 
``whale meat,'' which to many people suggests open-ocean large whales 
that are still hunted by several nations despite a worldwide 
moratorium.
  However, the meat of small cetaceans is not large whale meat. Small 
cetacean meat can be very unhealthy. These small animals are more 
likely than large whales to live along the coast, and they are higher 
up in the food chain, so their bodies are often contaminated with 
mercury and other pollutants. Levels of contaminants in some of this 
meat are often much higher than what is recommended by the nations 
where it is sold.
  Another problem is that many of these small cetacean populations are 
being threatened by the loss of large numbers of animals. Over-
exploitation of small cetaceans has resulted in the serious decline and 
even the commercial extinction of some populations.
  Unfortunately, it is difficult to track the take and the populations 
of these animals, as the people who slaughter them don't allow full, 
and in some cases any, documentation of the killing. Their failure to 
keep accurate information indicates that they lack a commitment to 
maintaining sustainable populations.
  The International Whaling Commission (IWC) has passed at least 5 
resolutions condemning these types of small cetacean slaughters. Our 
resolution will send the United States delegation to the next IWC 
meeting with the message that this issue is not forgotten.
  It will also ensure that the U.S. delegation works to clarify the 
IWC's mission to manage and protect small cetaceans.

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