[Congressional Record Volume 152, Number 74 (Monday, June 12, 2006)]
[Senate]
[Pages S5721-S5723]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SUBMITTED RESOLUTIONS
______
SENATE CONCURRENT RESOLUTION 99--EXPRESSING THE SENSE OF THE CONGRESS
REGARDING THE POLICY OF THE UNITED STATES AT THE 58TH ANNUAL MEETING OF
THE INTERNATIONAL WHALING COMMISSION
Ms. SNOWE (for herself, Ms. Cantwell, Mr. Kerry, Mrs. Dole, Mrs.
Boxer, Mr. Feingold, Mr. Reed, Mr. Lautenberg, Mr. McCain, Mr.
Lieberman, Ms. Collins, Mr. Wyden, Mr. Dodd, Mrs. Feinstein, Mr.
Menendez, Mr. Levin, Mr. Biden, Mr. Dayton, Mr. Jeffords, Ms. Landrieu,
and Mr. Kennedy) submitted the following concurrent resolution; which
was referred to the Committee on Foreign Relations:
S. Con. Res. 99
Whereas whales have very low reproductive rates, making
many 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 a significant number of 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 in 2003 the Commission established a Conservation
Committee, open to all members of the Commission, for the
purpose
[[Page S5722]]
of facilitating efficient and effective coordination and
development of conservation recommendations and activities,
which are fully consistent with the conservation objectives
stated in the 1946 Convention;
Whereas the Commission adopted a moratorium on commercial
whaling in 1982 in order to conserve and promote the recovery
of whale stocks, many of which had been hunted to near
extinction by the commercial whaling industry;
Whereas the rights of indigenous people to whale for
subsistence purposes has been specifically recognized under
the 1946 Convention;
Whereas the Commission has designated the Indian Ocean and
part of the ocean 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 that lodged objections to the
Commission's moratorium on commercial whaling when it was
adopted continue to hold such objections, a third member
nation asserted a reservation to the moratorium on rejoining
the Commission, and one 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 halt commercial
whaling activities conducted under reservation to the
moratorium and to refrain from issuing special permits for
research involving the killing of whales;
Whereas one 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 one member nation is conducting unnecessary lethal
scientific whaling in the Atlantic;
Whereas whale meat and blubber is being sold commercially
from whales killed pursuant to such unnecessary lethal
scientific whaling, further undermining the moratorium on
commercial whaling;
Whereas the Commission has repeatedly expressed serious
concerns about the scientific need for such lethal research
and recognizes the importance of demonstrating and expanding
the use of non-lethal scientific research methods;
Whereas more than 9,150 whales have been killed in lethal
scientific whaling programs since the adoption of the
commercial whaling moratorium and the lethal take of whales
under scientific permits has increased both in quantity and
species, and a new program would take minke, Bryde's, sei,
fin, humpback, and sperm whales;
Whereas, one member nation is harvesting whales on an
unprecedented scale in the name of scientific research, and
plans to take up to 935 minke whales, 50 humpback whales, and
50 fin whales in the Antarctic, and 220 minke whales, 50
Bryde's whales, 100 sei whales and 10 sperm whales in the
North Pacific. Sei, sperm, humpback, and fin whales are all
endangered species;
Whereas engaging in commercial whaling under reservation
and lethal scientific whaling undermines the conservation
program of the Commission;
Whereas discussions are taking place within the Commission
on a Revised Management Scheme (RMS) that would regulate any
possible future commercial whaling;
Whereas any decision to lift the moratorium against
commercial whaling, or to allow commercial whaling in any
other form, must be taken independently from negotiations and
adoption of an RMS;
Whereas any RMS must include or be conditioned on the
concurrent adoption of provisions similar to those in other
international agreements related to fisheries and marine
mammals, including transparent and neutral observer
mechanisms, and effective compliance and dispute settlement
mechanisms;
Whereas to be effective, if an RMS is adopted, any future
commercial whaling must take place pursuant to the RMS, and
without reservation to any of its substantive provisions; and
Whereas any decision to lift the moratorium against
commercial whaling must be conditioned on the immediate
cessation of lethal scientific whaling: Now, therefore, be it
Resolved, by the Senate (the House of Representatives
concurring) That it is the sense of the Congress that--
(1) at the 58th Annual Meeting of the International Whaling
Commission the United States should--
(A) remain firmly opposed to commercial whaling and any
linking of adoption of a Revised Management Scheme (RMS) to
the lifting of the commercial whaling moratorium or allowing
commercial whaling in any other form;-
(B) initiate and support efforts to ensure that all
activities conducted under reservations to the Commission's
moratorium or sanctuaries are ceased;-
(C) seek to ensure that any RMS includes, or is conditioned
on the concurrent adoption of provisions similar to those in
other international agreements related to fisheries and
marine mammals, including transparent and neutral observer
mechanisms, and effective compliance and dispute settlement
mechanisms;-
(D) insist that any future commercial whaling must take
place pursuant to the RMS without reservations to any of its
substantive provisions, and that lethal scientific whaling
must immediately cease upon the commencement of any
commercial whaling;
(E) uphold the rights of indigenous people to whale for
subsistence purposes, and firmly reject any attempts to
compromise such rights or to equate commercial whaling with
such rights;-
(F) initiate or support efforts to end the lethal taking of
whales for scientific purposes, seek support for expanding
the use of non-lethal research methods, and seek to end the
sale of whale meat and blubber from whales killed for
unnecessary lethal scientific research;-
(G) support proposals for the permanent protection of whale
populations through the establishment of whale sanctuaries
and other zones of protection in which commercial whaling is
prohibited;-
(H) support efforts to expand data collection on whale
populations, monitor and reduce whale bycatch and other
incidental impacts, and otherwise expand whale conservation
efforts;-
(I) support the adoption of an active program of work by
the Conservation Committee to address the full range of
threats to whales, and otherwise expand whale conservation
efforts;-
(J) call upon the Contracting Parties to the Convention to
submit to the Commission for discussion within the
Conservation Committee national approaches, including laws,
regulations and other initiatives, that further the
conservation of cetaceans; and
(2) the United States should make full use of all
appropriate diplomatic mechanisms, Federal law, relevant
international laws and agreements, and other appropriate
mechanisms to implement the goals set forth in paragraph (1).
Ms. SNOWE. Mr. President, I rise today to introduce a resolution that
is vital to the protection of our oceans' large whale populations.
Representatives from 69 nations will gather this month in St. Kitt's
for the 58th meeting of the International Whaling Commission. The
debates in which they will engage will address the future of the
moratorium on commercial whaling and other limitations on worldwide
whale hunting. For many years, the United States and our allies in the
fight to conserve whales have held a majority position in this body,
but indications suggest that this year our majority may be lost. In
light of this, it is more imperative than ever that the United States
clearly expresses its adamant opposition to any resumption of
commercial whaling and continues to set an example as a leader in the
fight to uphold whale conservation policies.
Before the current commercial ban was instituted in 1982, member
states attempted to manage whaling with a quota system. Due to
ineffective reporting of catches by whaling nations, this program was
an abject failure, and it directly necessitated implementation of the
commercial ban. Yet over the past year, countries that favor lifting
the ban on commercial whaling have continued their efforts to convince
nations with no inherent interest in whaling to join the IWC and
support measures to reduce whaling restrictions. The ultimate goal of
these member states is to lift the moratorium on commercial whaling.
While it appears that the prowhaling states may have a majority at this
year's meeting, they likely lack the three-quarters majority required
to lift the ban. However, a majority would enable these states to make
procedural changes that could facilitate their efforts in years to
come. Any efforts to remove or weaken the prohibition would set whale
conservation efforts back decades and fly in the face of the United
States and other like-minded countries' well-established position in
support of sound, effective whale conservation.
My colleagues and I introduce this resolution to express our ardent
support for the U.S. negotiators as they work to prevent prowhaling
states from lifting the ban, and as our delegates attempt to enhance
existing conservation methods. Even now, with commercial whaling
prohibited, certain IWC member states plan to continue to expand their
killing of large numbers of whales--including some endangered species--
for so-called scientific purposes. However, the IWC and leading marine
mammal scientists have found that lethal whaling is no longer necessary
to advance scientific research. In addition, some member states
continue to whale commercially, harvesting an increasing number of
whales with every passing year, by taking reservations to the
moratorium.
[[Page S5723]]
Such activities directly undermine the effectiveness of the IWC as a
whole and weaken our hard-fought conservation efforts.
Although opponents of the commercial whaling ban are unlikely to
overturn the moratorium this year, we understand that such a ban is
unlikely to last forever. To this end, the IWC may again consider a
movement towards a revised management scheme, or RMS, to govern future
whaling conservation and management decisions, including a framework
for a sustainable harvest. But certain provisions must be part of any
RMS if the United States is to support such an action. We must ensure
that any RMS contains an increased reliance on sustainability of
populations and legitimate scientific knowledge and research. It must
also close any existing loopholes--such as the scientific exception--
that allow take of whales outside the scheme, had include appropriate
compliance, enforcement, and transparency measures.
I thank my colleagues who have signed on as cosponsors of this
resolution for their ongoing support of marine conservation: Senators
Cantwell, Kerry, Dole, Boxer, Feingold, Reed, Lautenberg, McCain,
Lieberman, Collins, Wyden, Dodd, Feinstein, Menendez, Levin, Biden,
Dayton, Jeffords, and Landrieu. Their actions will help ensure that
whale populations, so critical to our marine ecosystems, continue to
grace our oceans for generations to come.
We must continue to support and strengthen the international
agreements that govern activities detrimental to the well-being of some
of the world's most threatened large mammals. Changes in the political
climate have made our commitment to the protection of these species
more vital than ever before, and I urge my colleagues to support swift
passage of this resolution.
Ms. CANTWELL. Mr. President, as ranking member of the Fisheries and
Coast Guard Subcommittee of the Committee on Commerce, Science, and
Transportation, I am pleased to join the chairwoman of the
subcommittee, Senator Snowe, in submitting a resolution regarding the
policy of the United States at the upcoming 58th Annual Meeting of the
International Whaling Commission, IWC. I wish to also thank my Senate
colleagues Mr. Kerry, Mrs. Dole, Ms. Boxer, Mr. Feingold, Mr. Reed, Mr.
Lautenberg, Mr. McCain, Mr. Lieberman, Ms. Collins, Mr. Wyden, Mr.
Dodd, Ms. Feinstein, Mr. Menendez, Mr. Levin, Mr. Biden, Mr. Dayton,
Mr. Jeffords, Ms. Landrieu, and Mr. Kennedy for cosponsoring as well.
The resolution we introduce today comes at a time when the United
States and other like-minded nations are facing new and intensifying
challenges within the IWC to adopt policies detrimental to our stated
opposition to commercial and lethal scientific whaling.
In 1982, due to the severe impacts of whaling on the populations of
large whale species, the IWC adopted an indefinite moratorium on all
commercial whaling. Although Japan, Iceland, Norway, and other
countries in favor of commercial whaling do not yet have the necessary
three-quarters majority on the IWC to lift the moratorium, for the
first time they may have the simple majority needed to control
procedure and to adopt resolutions contrary to the longstanding
positions of the IWC. Policies that the United States has opposed in
the past, such as secret ballots and statements supporting lethal
scientific whaling, could be adopted under a simple majority.
As Japan and Iceland have gained support for their prowhaling
position within the IWC, they have become even more aggressive in their
utilization of a provision in the convention that allows countries to
issue themselves permits for ``scientific whaling''. These permits are
currently being used to justify killing whales in the name of science
and then later selling the meat commercially. More than 9,150 whales
have been killed in lethal scientific whaling programs since the
adoption of the commercial whaling moratorium, and Japan has plans for
a major new program that would more than double its takes of minke
whales and expand such whaling to Byrde's, sei, fin, sperm and humpback
whales. Furthermore, Japan plans to hunt in the commission's designated
Southern Ocean Sanctuary, an area set aside off Antarctica to
facilitate whale conservation and recovery.
The IWC has repeatedly stated that such lethal takes are not
necessary for scientific research. Sei, sperm, humpback, and fin whales
are all endangered species, and hunting these species undermines the
IWC's whale conservation program.
As was the case last year, discussions are ongoing in the IWC to
establish a framework, or ``revised management scheme,'' RMS, for any
future commercial whaling, should it ever occur. In this resolution, we
urge the U.S. delegation to the IWC to insist that any RMS negotiations
are distinct from decisions on whether to lift the moratorium on
commercial whaling and that an RMS contain provisions on
accountability, transparency, and compliance. As part of any RMS
language, lethal scientific whaling must immediately cease upon the
commencement of any commercial whaling. The resolution also recognizes
the rights of indigenous people to whale for subsistence purposes and
directs the U.S. delegation to reject any attempts to compromise or
equate such rights to commercial whaling.
I thank Chairwoman Snowe for her collaboration on this resolution. I
will continue to work with my colleagues on this issue to ensure that
whales are protected under the International Whaling Commission.
____________________