[Congressional Record (Bound Edition), Volume 151 (2005), Part 7]
[Senate]
[Pages 9699-9700]
[From the U.S. Government Publishing Office, www.gpo.gov]




 SENATE CONCURRENT RESOLUTION 33--EXPRESSING THE SENSE OF THE CONGRESS 
REGARDING THE POLICY OF THE UNITED STATES AT THE 57TH ANNUAL MEETING OF 
                  THE INTERNATIONAL WHALING COMMISSION

  Ms. SNOWE (for herself, Ms. Cantwell, Mr. Levin, Mr. Kennedy, Mr. 
McCain, Mr. Lieberman, Mr. Kerry, Ms. Collins, Mr. Biden, Mr. Jeffords, 
Mr. Dodd, Mr. Lautenberg, Mr. Reed, Mr. Wyden, Mr. Pryor, Mrs. Boxer, 
Mrs. Feinstein, and Mr. Akaka) submitted the following concurrent 
resolution; which was referred to the Committee on Foreign Relations:

                            S. Con. Res. 33

       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 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 has recently begun to conduct 
     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'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 more than 8,700 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 media reports indicate a new plan may be 
     offered that could expand such whaling to fin and humpback 
     whales;
       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 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 
     no reservations allowing commercial whaling outside of the 
     RMS should be permitted; 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 57th 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;
       (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, that no reservations allowing 
     commercial whaling outside of the RMS should be permitted, 
     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. CANTWELL. Mr. President, as ranking member of the Subcommittee on 
Fisheries and Coast Guard 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 57th Annual Meeting of the International 
Whaling Commission (IWC). I wish to also thank my colleagues Mr. 
McCain, Mr. Kennedy, Mr. Akaka, Mr. Reed, Ms. Collins, Mr. Dodd, Mr. 
Levin, Mr. Biden, Ms. Boxer, Mr. Lautenberg, Ms. Feinstein, Mr. Pryor, 
Mr. Kerry, Mr. Jeffords, Mr. Wyden, and Mr. Lieberman for co-sponsoring 
as well.
  Recognizing that whales are highly migratory and therefore require 
international cooperation for their preservation, the IWC was formed in 
1946 under the International Convention for the Regulation of 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.
  Despite the IWC moratorium on commercial whaling, significant whaling 
has continued. In particular, Japan and Iceland have been using a 
provision in the Convention--which allows countries to issue themselves 
permits for ``scientific whaling''--to kill whales in the name of 
science, and later sell the meat commercially. More than 8700

[[Page 9700]]

whales have been killed in lethal scientific whaling programs since the 
adoption of the commercial whaling moratorium, and press reports 
indicate that a new plan may be offered that would expand such whaling 
to fin and humpback whales. The IWC Scientific Committee has repeatedly 
stated that such lethal takes are not necessary for scientific 
research.
  In this resolution we call on the U.S. delegation to remain firmly 
opposed to commercial whaling. We urge the U.S. to initiate or support 
efforts to oppose the unnecessary lethal taking of whales for 
scientific purposes and to seek to end the sale of meat and blubber 
from whales killed for scientific research in order to remove this 
perverse incentive.
  This resolution comes at a time when discussions are underway in the 
IWC to establish a framework, or ``revised management scheme'' for any 
future commercial whaling, should it ever occur. The resolution calls 
for the U.S. delegation to the IWC to insist that any RMS negotiations 
remain separate from discussions on whether to lift the moratorium on 
commercial whaling, and that any such RMS include provisions on 
accountability, transparency, and compliance that are part of all 
effective international agreements. It further calls on the U.S. 
delegation to insist, as part of the RMS language, that lethal 
scientific whaling immediately cease upon the commencement of any 
commercial whaling. The resolution also firmly recognizes the rights of 
indigenous people to whale for subsistence purposes, and calls on the 
U.S. delegation to firmly reject any attempts to compromise such rights 
or to equate commercial whaling with such rights.
  In order to ensure future abundance and health of whale populations, 
we call on the U.S. to support the work of the Conservation Committee, 
and to otherwise expand whale conservation efforts. The resolution 
calls for the U.S. delegation to support the permanent protection of 
whale populations through the establishment of whale sanctuaries in 
which commercial whaling is prohibited. Finally, the resolution directs 
the U.S. to make full use of all appropriate mechanisms to change the 
behavior of other nations which are undermining the protection of these 
magnificent creatures.
  I would like to again thank chairwoman Snowe for collaborating with 
me on this important effort, and I look forward to working with my 
colleagues on this issue.
  Ms. SNOWE. Mr. President, I rise today to submit a resolution that is 
both timely and vital to the future of the world's large whale 
populations. In little more than a month, representatives from around 
the world will gather in South Korea for the 57th annual meeting of the 
International Whaling Commission. These representatives will consider 
proposals to weaken or lift the moratorium on commercial whaling and 
expand whaling operations around the globe. It is more critical than 
ever that the United States remains firmly opposed to any proposals to 
resume commercial whaling and maintain its leadership role in shaping 
global whale conservation policies through the Commission.
  The Commission's early attempts to regulate commercial whaling did 
not stop the precipitous decline of whale populations around the world. 
This management failure exposed a dramatic lack of knowledge and 
understanding of whales and their environment. In response to dwindling 
whale populations, the Commission declared a global moratorium on 
commercial whaling in 1982. The United States was a leader in the 
efforts to establish this moratorium, and in the intervening decades we 
have continued our outspoken opposition to commercial whaling.
  My colleagues and I are submitting this resolution to give needed 
support to the U.S. negotiators as they strive to preserve vital whale 
conservation measures through the International Whaling Commission. 
Pro-whaling countries have made clear, through numerous media outlets, 
that they plan to work to lift the moratorium at this year's meeting, a 
move that threatens to undo years of international efforts to recover 
whale populations. As a Nation we must stand firmly against lifting of 
the moratorium and the resumption of commercial whaling. But we cannot 
stop there. As we continue our international efforts for effective, 
global whale conservation we must work to close loopholes in, and end 
abuses of, Commission regulations. This resolution calls for the 
closing of a scientific whaling loophole that some countries are 
exploiting to allow whaling, not just in the open ocean, but in 
designated whale sanctuaries. Lethal scientific whaling is an outdated 
concept that serves no useful purpose; even the Commission's own 
Scientific Committee has called for the cessation of this practice. In 
addition to the scientific whaling provision, some countries choose to 
take reservations to the moratorium under which they continue to expand 
commercial whaling activities year after year. These unilateral actions 
weaken the Commission and undermine international whale conservation 
efforts; therefore, they must be brought to an end.
  We must consider the future as we strive to ensure the sustainability 
of the world's whale populations. At this year's meeting, the 
Commission may address the critical issue of a Revised Management 
Scheme, or RMS, to govern whale conservation in future years. As we 
consider possible management systems, it is imperative that we build 
any RMS on a solid foundation of scientific knowledge and 
sustainability. If our Nation is to support any RMS, we must ensure 
that it addresses the need for additional research and ensure that all 
whaling outside the scheme ceases immediately. Any RMS that we are 
party to must also include provisions that we find in other 
international fisheries agreements, such as transparency in decision 
making, objective observers, and effective compliance mechanisms.
  I thank my colleagues who have already signed on as co-sponsors of 
this resolution for their continuing commitment to marine conservation: 
Senators Cantwell, Levin, Kennedy, McCain, Lieberman, Kerry, Collins, 
Biden, Jeffords, Dodd, Lautenberg, Reed, Wyden, Boxer, Feinstein, 
Pryor, and Akaka. Their dedication to responsible protection and 
management of our whale populations helps ensure the healthy 
functioning of marine ecosystems for generations to come.
  Whales constitute a vital component of the world's marine ecosystems. 
Whales are some of the largest and most intelligent mammals on Earth, 
and conserving them requires us to uphold strong international 
agreements and an unwavering commitment to science-based management. 
Supporting whale conservation is more critical now than ever, and I 
urge my colleagues to support swift passage of this resolution.

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