[Congressional Record (Bound Edition), Volume 149 (2003), Part 11]
[Senate]
[Pages 14786-14787]
[From the U.S. Government Publishing Office, www.gpo.gov]




 SENATE CONCURRENT RESOLUTION 55--EXPRESSING THE SENSE OF THE CONGRESS 
REGARDING THE POLICY OF THE UNITED STATES AT THE 55TH ANNUAL MEETING OF 
                  THE INTERNATIONAL WHALING COMMISSION

  Ms. SNOWE (for herself, Mr. Kerry, Mr. McCain, Mr. Hollings, Mr. 
Kennedy, Mr. Reed, Mr. Lieberman, Mr. Dodd, Mr. Smith, Mr. Levin, Mr. 
Akaka, Ms. Collins, Mr. Chafee, Mr. Biden, Mr. Corzine, Mrs. Boxer, Mr. 
Lautenberg, and Mr. Cochran) submitted the following concurrent 
resolution; which was referred to the Committee on Foreign Relations:

                            S. Con. Res. 55

       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 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 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 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 one nation has joined the Commission under 
     questionable authority and claims it has a reservation to the 
     moratorium that is not recognized by all other Commission 
     members;
       Whereas two member nations currently have reservations to 
     the Commission's moratorium on commercial whaling, 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 whale meat and blubber are being sold commercially 
     from whales killed pursuant to such unnecessary lethal 
     scientific whaling, further undermining the moratorium on 
     commercial whaling;
       Whereas the Commission's Scientific Committee 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 one member nation in the past unsuccessfully sought 
     an exemption allowing commercial whaling of up to 50 minke 
     whales, now uses a scientific permit for these same vessels 
     to take 50 minke whales, and continues to seek avenues to 
     allow lethal takes of whales by vessels from specific 
     communities in a manner that would undermine the moratorium 
     on commercial whaling;
       Whereas more than 7,500 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, with species now including minke, Bryde's, sei, and 
     sperm whales, and a new proposal has been offered to include 
     fin whales for the first time;
       Whereas the first international trade of whale meat in 15 
     years occurred last year between two member countries, and 
     other member countries have stated their intentions to engage 
     in international trade of whale products, despite a ban on 
     such trade under the Convention on International Trade in 
     Endangered Species; and
       Whereas engaging in commercial whaling under reservation 
     and lethal scientific whaling undermines the conservation 
     program of the Commission: 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 55th 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) not recognize the reservation to the moratorium against 
     commercial whaling claimed by one nation that has joined the 
     Commission under questionable authority;
       (D) oppose the lethal taking of whales for scientific 
     purposes unless such lethal taking is specifically authorized 
     by the Scientific Committee of the Commission to be necessary 
     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;
       (E) seek the Commission's support for specific efforts by 
     member nations to end trade in whale meat;
       (F) support the permanent protection of whale populations 
     through the establishment of whale sanctuaries in which 
     commercial whaling is prohibited; and
       (G) support efforts to expand data collection on whale 
     populations, monitor and reduce whale bycatch and other 
     incidental impacts, create a Conservation Committee, and 
     otherwise expand whale conservation efforts;
       (2) at the 13th 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.


[[Page 14787]]

  Mr. KERRY. Mr. President, As Ranking Member of the Oceans, Fisheries 
and Coast Guard Subcommittee of the Committee on Commerce, Science and 
Transportation, I am pleased to join the Chair of the Subcommittee, 
Senator Snowe, in submitting a resolution regarding the policy of the 
United States at the upcoming 55th Annual Meeting of the International 
Whaling Commission, IWC. I wish to also thank my colleagues Mr. 
Hollings, Mr. McCain, Mr. Kennedy, Mr. Akaka, Mr. Reed, Ms. Collins, 
Mr. Dodd, Mr. Smith, Mr. Levin, Mr. Chafee, Mr. Biden, Mr. Corzine, 
Mrs. Boxer, Mr. Lautenberg, Mr. Cochran, and Mr. Lieberman for 
cosponsoring as well.
  The IWC will meet in Berlin from June 16-19, 2003. The IWC was formed 
in 1946 under the International Convention for the Regulation of 
Whaling, in recognition of the fact that whales are highly migratory 
and that international cooperation is necessary for their preservation. 
In 1982, due to the severe impacts of whaling on the populations of 
large whale species, the IWC agreed on an indefinite moratorium on all 
commercial whaling beginning in 1985.
  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 protest these magnificent mammals is clear.
  Despite the IWC moratorium on commercial whaling, significant whaling 
has continued. First, pursuant to its reservation to the moratorium. 
Norway has continued to commercially harvest whales. Second, Japan has 
been using a provision in the Convention--which allows countries to 
issue themselves permits for whaling under scientific purposes--to kill 
whales in the name of science, and later sell the meat commercially. 
More than 7500 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, with species now including minke, Bryde's sei, 
and sperm whales.
  The IWC Scientific Committee has not requested any of the information 
obtained by killing these whales and has stated that the scientific 
whaling data obtained through this so-called research is not required 
for management. Iceland, which joined the IWC last year under 
questionable legal authority--subject to the condition that it can 
unilaterally begin commercial whaling after 2006--has recently 
indicated its intent to lethally hunt hundreds of whales, including 
endangered species such as fin whales, pursuant to this same scientific 
whaling exception.
  Despite a ban under the Convention on International Trade in 
Endangered Species, the first international trade of whale meat in 15 
years occurred last year between Norway and Iceland, both member 
countries of the IWC. Reports indicate that Norway is seeking to 
broaden such trade.
  One positive development expected to be addressed at the meeting is a 
proposal from Mexico to establish a conservation committee under the 
IWC. Such a committee would strengthen the focus of the IWC on 
conservation measures that are critically important for the survival of 
cetaceans.
  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. oppose the lethal taking of whales for scientific 
purposes unless such lethal taking is specifically authorized by the 
Scientific Committee of the Commission. It also calls on the U.S. to 
seek to end the sale of whale meat and blubber from whales killed for 
unnecessary lethal scientific research to remove this perverse 
incentive. 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. It further calls 
on the U.S. to support the establishment of a Conservation Committee, 
and to otherwise expand whale conservation efforts. Finally, the 
resolution directs the U.S. to make full use of all appropriate 
mechanisms to encourage a change in the behavior of other nations which 
are undermining the protection of these great creatures.

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