[Congressional Record (Bound Edition), Volume 152 (2006), Part 8]
[Senate]
[Pages 10789-10791]
[From the U.S. Government Publishing Office, www.gpo.gov]




                         SUBMITTED RESOLUTIONS

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 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 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

[[Page 10790]]

     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. 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.

[[Page 10791]]

  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.

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