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WHALES AHOY
Top UN court orders Japan to end Antarctic whale hunt
by Staff Writers
The Hague (AFP) March 31, 2014


Factfile on whaling
Paris (AFP) March 31, 2014 - The 88-member International Whaling Commission (IWC) monitors a global moratorium on commercial whaling introduced in 1986.

The ban excludes aboriginal subsistence whaling, for which the commission sets catch limits.

Three countries, Japan, Norway and Iceland, use objections or exceptions to continue whaling, a practice observers say claims more than 1,000 of the marine mammals, some endangered, each year.

The UN's highest court Monday ordered Japan to end its annual Antarctic whale hunt, which Australia alleged has killed 10,000 animals since 1988.

THE HUNTED:

The six species mainly targeted for their meat and oil are:

- Antarctic minke whales, which grow up to 10 meters (32 feet);

- Northern Hemisphere minke whales, up to 9 meters (30 feet);

- Fin whales, up to 24 meters (78 feet);

- Bryde's whales, up to 14 meters (46 feet);

- Sei whales, up to 16 meters (53 feet);

- Sperm whales, up to 15 meters (50 feet).

THE HUNTERS:

JAPAN:

Japan is the only country to conduct whaling under a scientific permits category over which the IWC has limited oversight.

Such permits are issued by national governments, and have in the past also been used by Iceland and Norway.

The latest statistics show that Japan caught 424 whales in 2012 -- 287 Minke whales, 34 Bryde's whales, 100 Sei whales, and three Sperm whales.

Of these, 110 were caught off the coast of Japan, 211 in the northwest Pacific and 103 in the Antarctic.

The country claims it is conducting scientific research, while acknowledging the meat ends up on plates back home.

NORWAY:

Norway lodged a formal objection to the whaling moratorium when it was introduced, and continues commercial catches.

Norwegian whalers caught 590 Minke whales in 2013.

ICELAND:

Iceland has negotiated a "reservation" against the moratorium with the IWC and also continues commercial whaling.

Icelandic fishermen harpooned 172 whales in 2013.

OTHER NATIONS:

Aboriginal communities are allowed subsistence catches, limits for which are set by the IWC.

The beneficiaries are the native peoples of Alaska, Chukotka in the Russian Far East, Greenland and St Vincent and The Grenadines.

"BY-CATCH" WHALING:

Every year whales, especially Minke whales, get entangled in fishing lines or nets and die. Products from such by-catch are sold to countries including Japan.

ADDITIONAL THREAT:

Whales are at risk from being hit by ships, chemical and noise pollution, environmental degradation, climate change, over-exploitation of their prey, and from ingesting or getting entangled in marine litter.

WHALE SANCTUARIES

There are two major whale sanctuaries. One, which covers most of the Indian Ocean, was created in 1979 and is a breeding ground for many types of southern hemisphere cetaceans.

The Southern Ocean Whale Sanctuary, surrounding the continent of Antarctica, was set up in 1994. Its waters, teeming with marine life, serve as a feeding ground for more than a dozen whales species.

(SOURCES: Icelandic Ministry of Fishing, Norway's Norges Smaahvalfangerlag monitoring group: IWC, WWF)

The United Nations' top court on Monday ordered Japan to end its annual Antarctic whale hunt, saying in a landmark ruling that the programme was a commercial activity disguised as science.

Tokyo said it would honour the ruling shortly after it was handed down at the Hague-based International Court of Justice (ICJ), but did not rule out the possibility of future whaling programmes.

"Japan shall revoke any existent authorisation, permit or licence granted in relation to JARPA II (research programme) and refrain from granting any further permits," ICJ presiding judge Peter Tomka ordered.

Tokyo was accused of exploiting a legal loophole in the 1986 ban on commercial whaling that allowed the practice to collect scientific data.

Japan had argued that its JARPA II research programme was aimed at studying the viability of whale hunting, but the ICJ found that it had failed to examine ways of doing the research without killing whales, or at least while killing fewer whales.

Agreeing with Australia, which in 2010 hauled Japan before the Hague-based ICJ in a bid to end whale hunting in the Southern Ocean, Tomka said that "special permissions granted by Japan are not for purposes of scientific research".

"The evidence does not establish that the programme's design and implementation are reasonable in relation to its stated (scientific) objectives," he said.

"The Court considers that the scientific output to date has been limited."

JARPA II has been running since 2005, in which time some 3,600 minke whales have been slaughtered.

Norway and Iceland have formally challenged the 1986 International Whaling Commission (IWC) moratorium and continued with their commercial whaling operations.

Only Japan had tried to by-pass the regulations by claiming it was conducting research, even though it admitted the resulting meat ended up on people's plates.

Conservation groups hailed the ruling, which Japan said it would respect despite "deep disappointment".

"As a state that respects the rule of law ... and as a responsible member of the global community, Japan will abide by the decision of the court," chief negotiator Koji Tsuruoka told reporters outside the ICJ.

Japanese government spokesman Noriyuki Shikata however did not exclude seeking a resumption of Antarctic whaling.

"In terms of a future course of action, we have to carefully examine the content of the judgement," Shikata told AFP.

- 'Not convinced' -

Militant environmental group Sea Shepherd, which has been campaigning against the Japanese whaling fleet in the Southern Ocean, said it was ready to refocus its attention on the Atlantic.

"I'm not 100 percent convinced they will abide by the ruling. They tend to agree and then do whatever they want to do anyway, that has been the history with the International Whaling Commission," Sea Shepherd founder Paul Watson told AFP by telephone.

"If they don't return (to the Antarctic) then we'll be able to refocus our efforts against Norwegian, Icelandic and Faroese whaling," he said.

The ICJ said Japan's whaling programme has led to the killing of 6,700 minke whales since it was established 18 years ago.

Canberra argued that the programme was in breach of international conventions and Japan's obligation to preserve marine mammals and their environment.

"This decision sends a clear message to governments around the world that the exploitation of animals will no longer be tolerated and animals must be protected at the highest level," said Claire Bass, head of wildlife campaigns at the World Society for the Protection of Animals.

"All eyes are now on Japan to respect this decision," she said.

"The ruling of the court demands to be observed," said Ghislaine Llewellyn, conservation manager at WWF-Australia added.

Japan has consistently defended the practice of eating whale meat as a culinary tradition and vowed it would "never stop whaling".

In April last year Tokyo announced its whaling haul from the Southern Ocean was at a record low because of "unforgivable sabotage" by Sea Shepherd activists.

Established in 1945 to rule in disputes between countries, the ICJ is the United Nations' highest judicial body and the only one of five principal UN bodies not located in New York.

burs-jhe/cjo/er

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WHALES AHOY
Top UN court to rule on legality of Japan whale hunt
The Hague (AFP) March 28, 2014
The UN's top court will rule Monday whether Japan has the right to hunt whales in the Antarctic, in an emotive case activists say is make-or-break for the giant mammal's future. Australia in 2010 hauled Japan to the Hague-based International Court of Justice (ICJ), accusing Tokyo of exploiting a loophole by hunting whales as scientific research, despite a 1986 ban on commercial whaling. ... read more


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