[Congressional Record (Bound Edition), Volume 147 (2001), Part 9]
[Senate]
[Pages 12560-12562]
[From the U.S. 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 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

[[Page 12561]]

     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 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

[[Page 12562]]

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.

                          ____________________