Harpoon the IWC

by Michelle Stewart

On the second day of the annual meeting of the International Whaling Commission (IWC) this fall, it was decided the Makah tribe of Puget Sound, Washington, would be allowed to resume hunting the once-endangered gray whale. No one was too surprised when the quota of four whales was granted because even a draft environmental assessment put out by the National Marine Fisheries Service came close to fully supporting the hunt.

Since the whale's removal from the endangered species list in 1994, the tribe has sought permission to hunt the whale. It is hard to deny the Makah the right to whale; whaling is deeply entrenched in their history as a people. They even had language added to the Treaty of 1855 assuring them the traditional right to whale. (They were one of the only tribes in the US to do so).

Nowadays, treaty or no treaty, the decision to allow the Makah to continue to hunt is made by the IWC, not the US. Although many conservationists have heard of the IWC, few know their sordid history. It's a history of Mafia-like activities, billionaire tycoons and backroom deals-an international sham in charge of a precious resource: the oceans and whales of the world.

Gentlemen Whalers

The International Whaling Commission was formed at the International Convention for the Regulation of Whaling in 1946. The first meeting of the IWC took place in London two years later. At its inception, two of the 10 species of whales were commercially extinct, and it was decided amongst the participants (14 of 41 whaling nations) that something international had to be done to manage the species. The IWC was mandated to have annual meetings to make management decisions in the form of "gentlemen's agreements" on such topics as the opening of whaling season, annual catch quotas, halting harvest when quotas are reached, and not killing nursing females and undersized species. All whaling nations were not required to be part of the IWC, just as all whalers and others in the industry were not required to be "gentlemen."

In its formative years, the IWC was a once-a-year-party for the commissioners who came together, smoked cigars and told stories of great catches. At its height in the 1960s, it was a body of 39-member countries, each with a delegate as an IWC commissioner. In nearly all cases, the commissioners were involved in the whaling industry or received compensation for advocating for the industry. All countries were offered an "opt out" policy on decisions made at IWC meetings; they did not have to comply with a decision if they filed an objection notice within 90 days of the decision. It was a management body devoid of any obligation.

The Onassis Connection

As the IWC stumbled along in its adolescence, many players came onto the field, including some who played dirty ball. Aristotle Onassis decided to try his hand at whaling and built a huge whaling dynasty in the 1950s. His success was largely due to the fact that he did not make an attempt to be a part of the IWC, realizing that independence was more profitable. Onassis not only took from the profits of the powerful whaling country Norway, he added salt to the wound with his business shrewdness. The manager of the Onassis fleet was a disgraced Norwegian and former Nazi party member. The management of the Onassis company was comprised of former German Nazi administrators who were responsible for seizing Norway's whaling vessels during the war. Other Onassis employees were in the Nazi navy, and his crew was comprised of assorted Germans and ex-military personnel. Onassis let it be known that he was a force to be reckoned with as his crew scooped up the seas into their greedy nets.

What was shocking was that the renegades (like Onassis) were really no worse for the whales' fate than the members of the IWC. As Onassis took whales unregulated, member countries violated quotas by as many as 5,000 whales each annually. All went unpunished!

Conspiracy of Management

It should come as no surprise that under the management of the IWC more whales were being killed. In 1933, before the creation of the IWC, 30,000 whales were taken annually; in 1962, under the management of the IWC, 67,000 whales were taken.

Annual quotas were often regarded as idealistic goals, not conservative approaches. The IWC represented the interests of the industry, and the commissioners showed their colors each year when they would come up with arbitrary quotas between drinks. Even with quotas, there was really no way to confirm the numbers of whales actually killed. Even when violations were reported, there was no system in place to levy punishment. Like an undisciplined child, whaling nations went forward and did what they wanted.

Japan and Russia became the wicked stepsisters of the whaling industry. In the early '70s, it was apparent that the IWC was becoming more conservative in its approach, so Japan and Russia formed panels and subcommittees of the IWC to advocate their interests. Panels of Japanese Scientists granted take permits to the Russians and vice-versa. So-called "objective observers" on Russian vessels monitoring whaling practices were Japanese and vice-versa. Surprisingly, no violations were reported by Russian and Japanese vessels. The allegiance was a well-concocted, strategically preemptive strike to counter any whaling restrictions.

The Years Were 1972 and 1973... Where Were You?

In 1973, the United Nations placed a moratorium on the commercial harvest of whales. The resolution was passed onto the IWC for ratification, but they voted it down. Then, the US passed the Marine Mammal Protection Act, revised the Endangered Species Act, and ratified the Fishermen's Protection Act, so the UN Committee on the International Trade of Endangered Species pushed the IWC to reform its practices. The Marine Mammal Protection Act essentially eliminated the US from the whaling industry, and the Endangered Species Act revisions reinforced the message that the IWC's members would no longer be allowed to hunt whales in US coastal waters. The biggest blow to the whaling industry was the Pelly Amendment of the Fishermen's Protection Act which allowed embargoes on fish and wildlife products for violations of international agreements regulating those products. Essentially, the Pelly Amendment gave the US the sheriff's badge to watch over the IWC's member nations. Little did the US realize, the Pelly Amendment would need to be invoked nearly concurrently with its inception.

That same year, Russian and Japanese whalers violated the IWC quota by over 3,000 whales each. The Ford Administration threatened to use the embargo allowed by the Pelly Amendment which would have cost the Japanese hundreds of millions of dollars. Although it was not enforced on this occasion, the threat was made, and the Pelly Amendment became a real lever against "bad" whalers.

New Management Procedure

Under increased pressure at the '74 meeting, the IWC introduced its New Management Procedure plan, using new concepts for determining annual quotas such as sustainable yields, a scientific-based quota system, species-specific quotas and comprehensive management utilizing modern technology. Ultimately, the result of all this jargon was the same old story; violations continued.

Under the New Management Procedure, the permit process for scientific takes went unscrutinized. Case in point: the 1976-77 season saw no limits in the Southern Hemisphere on Bryde's whales. The Japanese took 225 of them "in the name of science."

At the 1946 meeting of the International Convention for the Regulation of Whaling (the parent of the IWC) a beautiful loophole was written that countries have used for decades to ensure any moratorium on whaling can never be fully implemented. Article VIII reads:

"Notwithstanding anything contained in this Convention, any Contracting Government may grant to any of its nations a special permit authorizing that national to kill, take and treat whales for purposes of scientific research... as the Contracting Government sees fit, and the killing, taking and treating of whales in accordance with provisions of this article shall be exempt from... this Convention."

As the '70s came to a close, the IWC roamed aimlessly from whale to whale, decimating a population, protecting it and finding a replacement. Between 1977-1980 the Bryde's whale along with humpback, right, blue and gray whales were declared protected stocks, leaving only the large seis and sperm whales to hunt.

The Moratorium

In the 1982 meeting of the IWC, a 10-year moratorium on commercial whaling was finally adopted. The conniving of the many whaling nations had gone unrewarded, and a new era of IWC operations had begun. The moratorium brought about a three-year phase out program, the intention of which was to allow whaling countries enough time to slowly eliminate the industry without crippling those who relied on it as a primary means of support.

By 1986, most countries had conceded to the moratorium-except the Japanese and a few allies who did not slow the hunt at all. In the years between '82 and '85, the Japanese were closely monitored because they failed to slow their catch. When threatened with the Pelly Amendment, they negotiated to take sperm whales in the North Pacific in lieu of minkes in the Antarctic. Conservationists lost a suit challenging the Department of Commerce's role in that agreement which clearly violated the Marine Mammal Protection Act and the Endangered Species Act. At the meetings of the IWC from '85 to '87, Japan, Korea and Iceland tried to argue for scientific permits to allow hunting to continue. In 1988, the pro-whaling arguments turned towards a new definition of "small-type coastal whaling." The Japanese argued that they rely on the ocean as a source of protein (the same argument the aboriginal and native groups successfully lobby under). The US watchdogging of Japanese operations was labeled racist, and many Japanese felt that their cultural heritage was being stolen with the implementation of the moratorium.

In 1989, the attempt to appropriate native whaling rights for the Japanese was finally denied, and the Japanese had run out of straws to grasp. An era had essentially ended, and as Richard Ellis, author of Men and Whales, put it, "Commercial whaling in Japan ended some time in 1988, not with the roar of a final harpoon cannon, but with a sigh, not unlike the exhalation of a whale."

Life Goes On And Pirates Find Employment

For all intents and purposes, the whaling industry should have died once and for all in the '80s, however, not surprisingly, that didn't happen. Renegade vessels took to the water. Pirate whaling flourished on a scale that only Onassis himself could have competed with. The appetite for whale meat was very much alive, and there were enough vessels to fill the quota. The prohibition of commercial whaling does not really have any meaning; with little to no muscle to back up regulations, it was (and continues to be) a buyer's market.

Conclusion

The effects of Norway, Iceland and other nations on whale populations has been widely reported, that is why this tale focused more on the inner workings of the IWC and its two wicked stepsisters. The history of the IWC is a foul and tricky one. This article is only a brush stroke when it comes to the history of this agency. It breezes over whole chunks of history and paraphrases whole ordeals. In the larger scheme of things, it is easy to see that the four whales the Makah will harvest are really not a huge threat. But, bearing history in mind, it is easy to see why people are hesitant to deal out any quotas. Since the IWC has been in existence,, seven out of ten species of "great" whale have become commercially extinct.

Many people pride Greenpeace's Rainbow Warrior, the Sea Shepherd and other groups for protecting the whale; for ramming the boats, for fighting in court, for taking pictures to raise awareness and compassion. However, I pay my deepest respect to the whales who ripped on lines and nets and would not be taken without a fight.

In 1820 and 1850, male black sperm whales rammed and sunk whale vessels after being pursued or having their cows chased. In 1896, a non-whaling steamboat accidentally traveled into a pod of whales, striking a cow. In response, the whales rammed the boat and came within one strike of sinking it. Most recently and most notably, in 1978 a pirate vessel named the Tonna was heading home filled to the rim with 450 tons of whale meat when it spotted a fin whale. Although the vessel was filled to maximum capacity, the greedy captain could not help himself and began the pursuit. Upon being harpooned, the fin whale put up a fight. As the whale thrashed and resisted, the vessel rocked. It swayed so heavily that the deck's sides began to touch wave to wave, taking on water. In a critical mistake by the crew, the deck doors were left open after the last kill, and sea water flooded the ship. In a last attempt to save its life, the fin dove deep and, with the Tonna still attached, carried itself and its hunter to a pelagic grave.

Michelle Stewart is an ocean activist working on issues relating to underwater noise pollution, oil exploration and other issues related to marine mammals and the oceanic environement. She is also, of course, a fuckin' cool person!???