Contemporary initiatives on the future of the International Whaling Commission

In his term as Chairman of the International Whaling Commission between 2006 and 2009, Dr BillHogarth championed a process for finding a way forward for the IWC. In parallel with, and in places intertwined with the Hogarth Initiative, a number of other initiatives attempting to move the IWC forward have been proposed by a range of stakeholders; both governments and NGOs. This paper traces the more important suggestions, commenting on their likelihood of success.     

The case for an international commission for the conservation and management of sharks (ICCMS)

The current rate of shark global exploitation and mortality is arguably so high under current management regimes that unless a renewed initiative is undertaken some species of shark will become effectively extinct. Current efforts to sustainably manage shark mortality are driven primarily by domestic laws in a few countries, big international non-governmental organizations (BINGOs) promoting environmental laws in the countries or regions where they exist, a handful of regional fisheries management organizations (e.g., IATTC and ICCAT), and inter-governmental organizations such as CITES. The absence of enforcement capability is often argued as the critical component in the failure to protect sharks from overexploitation. The remedy advanced here goes far beyond the need for stepped up enforcement, and calls for the creation of an entirely new international management regime, the International Commission for the Conservation and Management of Sharks (ICCMS). Such an agency could learn from the experiences of management bodies tasked with conservation of species biologically similar to sharks, such as the International Whaling Commission (IWC), to improve its efficacy. Critics have identified many organizational flaws that reduced the IWC’s effectiveness during its earliest years. Some of those flaws are examined here and remedies are suggested that an ICCMS could use to create a more effective management regime. The life histories of elasmobranches and large whales are compared to illustrate their similarities as a biological foundation for the selection of the IWC as a model.     

Normalization of the International Whaling Commission

In 2006, the pro-whaling group within the International Whaling Commission introduced a programme of “Normalization” in an attempt to address its long held accusation that the Commission is dysfunctional. This paper traces the twin issues of dysfunctionality and normalization; it looks at the progress of the Normalization initiative so far, and assesses its likelihood of success. The paper also briefly examines “Modernization”, as an alternative for anti-whaling proponents to Normalization.     

Modernisation of the International Convention for the Regulation of Whaling

Modernisation of the International Convention for the Regulation of Whaling (ICRW) has long been proposed by some contracting states and outsiders as a way of resolving the “Whaling Dispute” within the International Whaling Commission (IWC); however, both sides of the debate have traditionally been unconvinced that they would gain enough benefit to make the process worthwhile.     

The global potential for whale watching

Whaling as a commercial enterprise is now defunct, not least due to the moratorium placed on it by the International Whaling Commission (IWC) almost 20 years ago. However, two distinct groups, one in favor of ‘sustainable’ whaling and one completely opposed to any killing of whales, continue to argue at the IWC and other political arenas. Almost ignored in this debate is the current growth of the whale watching industry, a logical alternative use for whale populations. Based on ecological and socio-economic criteria, the potential for whale watching is estimated for maritime countries that do not currently engage in this industry. Results suggest that whale watching could generate an additional 413 million USD (2009) in yearly revenue, supporting 5,700 jobs. Together with current global estimates, this would bring the total potential for the whale watching industry to over 2.5 billion USD in yearly revenue and about 19,000 jobs around the world. These results are discussed from an economic and conservation policy perspective, with emphasis on potential benefits and limitations.     

Whale watching, the Buenos Aires Group and the politics of the International Whaling Commission

Whale watching is now reputed to be a $2 billion a year industry. This industry has the potential to impact the politics of whaling, specifically the moratorium on all commercial whaling in three ways: by creating political and economic counterweights to whalers, by countering claims about who may legitimately manage whales and to what end and by transforming views about whales and whaling both within whaling states and beyond. This article examines whale watching in Latin America and the Caribbean and the alliance of Latin American and Caribbean members of the International Whaling Commission (IWC) known as the Buenos Aires Group (BAG). The BAG group has emerged as coherent group opposing the ending of the moratorium and championing the views of whale watchers. The article finds that whale watching creates a politically important interest group in an area lacking whaling operations; it argues that these regional opponents of whaling provide a counter weight to charges that opposition to whaling is exclusively the providence of rich, urban citizens of developed countries and draw upon politically powerful frames in justifying their opposition to the lifting of the moratorium. Finally, it finds limited evidence that whale-watching is associated with a rise in general concern for marine mammals in the region. There remains the question, however, of what the future of whale watching in the region will be over the longer term.     

Japan׳s whaling following the International Court of Justice ruling: Brave New World – Or business as usual?

Since 1987, Japan has conducted extensive special permit whaling (“scientific whaling”) in the Antarctic and North Pacific. This has been viewed by many as a way to circumvent the International Whaling Commission׳s (IWC) moratorium on commercial whaling, which was implemented in 1985. Recently, Australia took Japan to the International Court of Justice (ICJ) over this issue. Using various criteria, the Court ruled that Japan׳s whaling was not “for purposes of scientific research” as required by Article VIII of the International Convention for the Regulation of Whaling, and ordered Japan to immediately cease its JARPA II whaling program in the Antarctic. Despite optimism that the Court׳s ruling might spell the end of Japanese whaling in the Antarctic and even elsewhere, Japan has indicated that it will redesign its whaling programs and continue operations. Based upon Japan׳s history at the IWC, I argue here that this was an expected outcome; I predict the course of events over the next months, and suggest that the ICJ ruling, while satisfying as an independent vindication of Japan׳s critics, represents little more than a temporary setback for that nation׳s whaling enterprise.     

The international whaling regime post 2007

Japan's delegation to the International Whaling Commission (IWC) must have gone to the 2007 meeting in Anchorage believing that the prospects of at least the commencement of the process leading to the overturning of the moratorium were better than they had been since 1986. The passing of the St. Kitts and Nevis Declaration at the 2006 Meeting, the gathering momentum of their Normalisation agenda, and their own determination to compromise some of their own agenda in the interest of harmony within the IWC, would have formed the basis of this belief. The reality was totally different. There was no compromise by the anti-whaling group within the meeting who also regained the simple majority position which had been lost in 2006.     

Management and conservation at the International Whaling Commission: A dichotomy sandwiched within a shifting baseline

The International Whaling Commission's (IWC) Scientific Committee provides important advice to the IWC on a large variety of cetacean species, sub-species and populations and the issues affecting them. Cetaceans are facing increasing, non-whaling-related threats, and the Scientific Committee (SC), in accordance with the Commission's requests, has strengthened its conservation-oriented research work. A selection of the reports of the Scientific Committee from between 1986 and 2012 was assessed for its: (i) fundamental research; (ii) management; (iii) conservation; and (iv) administrative content, and to identify potential trends over time. Recommendations and their urgency were also examined, as implied from the language used by the SC in its reports. The analysis showed that the work of the Scientific Committee has increasingly been oriented towards conservation issues over the period reviewed, but at the same time this conservation work has received little funding. Increased support for conservation-related research projects is warranted to promote the long-term survival of cetaceans. Based on this review of the content and focus of the Committee reports, the analysis suggested that its issued advice be made clearer, whenever possible, and governments are urged to give due consideration to this science-based advice particularly when urgent conservation actions are needed. In addition, more consistent funding of the IWC's conservation-related research should be pursued to improve international conservation outputs regarding cetacean populations.     

大陆架界限委员会审议划界案的原则和方法——委员会建议摘要案例分析

由于全球大陆边缘地貌和地质特征的复杂性,且《联合国海洋法公约》(以下简称《公约》)第76条对200海里以外大陆架外部界限划定的规则存在一定的模糊性,导致大陆架外部界限的划定极其复杂。根据《公约》设立的大陆架界限委员会(以下简称委员会)负责审议沿海国提交的划界案并给出建议,委员会在外大陆架划界方面发挥重要作用。截止2012年12月底,委员会一共收到沿海国65份划界案,目前已完成其中18份划界案的审议工作并给出了建议。本文系统分析了各委员会建议摘要,对委员会在审议划界案时采用的划界原则、审议的关键技术问题等做了综合分析总结,以便为我国今后外大陆架划界和积极应对侵害我国海洋权益的他国划界主张提供参考和借鉴。     

Whale conservation : Role of the International Whaling Commission

Gross overcatching of whales in the Antarctic resulted in a series of international agreements in the 1930s designed primarily to control oil output and so to ensure a stable market. These agreements led to the International Convention for the Regulation of Whaling, signed in 1946. The interests of the industry were paramount in setting catch quotas, so that the major stocks were seriously depleted. A more conservative approach initiated in 1965 has led to the present management policy of the IWC which is aimed at bringing all whale stocks to the levels providing the maximum sustainable long-term yields. The author analyses the issues and implications surrounding these developments.     

The Portuguese maritime spatial plan

Numerous national governments and supranational organizations such as the OSPAR Commission, the European Union and the United Nations Educational, Scientific and Cultural Organization (UNESCO) have underlined the importance of maritime spatial planning (MSP) for balancing and solving conflicts between the needs of different sectors and conservation in the marine space. In the last decade, many maritime spatial plans have been developed around the world. The drivers to develop these plans and the approaches to find solutions for the particular problems differ significantly. The Portuguese national marine jurisdiction is one of the largest in Europe. For the continental part, a maritime spatial plan was initiated in 2009, and entered in 2010 in the final stage of approval. One of the driving forces for this MSP initiative was the claim to extend its continental shelf. The development process was led by a multidisciplinary team. Despite the challenges, the existing as well as potential future marine resources and activities were characterized, mapped and categorized. To overcome conflicts resulting from the many overlapping uses and to assure sustainable development of all sectors, a conflict analysis and evaluation of potential future uses were necessary. The applied zoning scheme represented an exercise of conflict solving and proved to be a powerful tool to promote discussion and participation among stakeholders. The successful implementation of Portuguese MSP will rely largely on its ability to provide efficient management, financial and legal mechanisms to achieve the integration of all strategies and spaces under the Portuguese maritime jurisdiction.     

Australian practice in respect of the continental shelf beyond 200 nautical miles

Australia׳s remote location and position on the vast Indo-Australian plate mean that possesses one of the largest continental shelf areas in the world. The criteria in Article 76 of the United Nations Convention on the Law of the Sea permit the claiming on continental shelf to 200 nautical miles from territorial sea baselines, and if certain criteria are met based on the configuration and content of the seabed, to distances beyond. During the negotiations at UNCLOS III, Australia was a strong proponent of this extended shelf regime, as it was likely to have large areas beyond 200 nautical miles. Article 76 provides for a number of requirements to be met for a coastal State to assert sovereign rights over areas of continental shelf beyond 200 nautical miles, including a ten year deadline from becoming a party. This placed a disproportionate burden upon Australia, as it faced the same ten year time frame to lodge data with the Commission on the Limits on the Continental Shelf (CLCS) as other States with much smaller areas in issue. Australia also chose not to rely upon measures agreed between State parties to effectively extend this deadline, and to limit the requirements to be met within it. This paper looks at how Australian authorities approached the difficult task, while maintaining the standards required for data by the CLCS, and how the task was ultimately implemented. It also examines how the extended continental shelf arrangements interacted with the rest of Australia׳s law of the sea practice and maritime boundaries with other States. For example, after the entry into force of the Convention, Australia negotiated two maritime boundaries with neighbouring States that each explicitly dealt with areas beyond 200 nautical miles. It concludes with consideration of what issues remain unresolved in respect of the Australian continental shelf beyond 200 nautical miles. The paper will conclude at how Australia׳s implementation has raised new issues with neighbouring States, including an unresolved dispute in the South Pacific Ocean.     

Achievements and lessons learned from the Benguela Environment,Fisheries, Interaction and Training (BENEFIT) research programme

This paper considers the scientific achievements of the Benguela Environment, Fisheries, Interaction and Training (BENEFIT) Programme as reflected in 29 internally evaluated BENEFIT research projects carried out between 1998 and 2007 when the programme ended, and draws a number of important lessons relevant to future regional marine research programmes in the Benguela from the manner in which the projects were initiated and executed. The founding of BENEFIT, its organisational structures, and the way in which the projects were planned, formulated and executed through these structures are outlined. The major findings and other achievements of the research on fish resources, the environment and the linkages between them are discussed under these headings, and in the case of projects on resources, in relation to key questions developed from guidelines in the BENEFIT Science Plan. Based largely on a final evaluation by the programme's International Scientific Advisory Panel, it is concluded that BENEFIT added materially to greater knowledge of the dynamics of key resources in the Benguela, markedly increased the extent of environmental monitoring in the region, and the capacity for future such monitoring, and added significant new insights into key physical, chemical and biological processes of relevance to stock dynamics. BENEFIT's most important achievement in a wider sense was the pioneering development, almost from scratch, of a regional marine research community which, inter alia, was crucial in the development of other regional marine research activities in the Benguela, such as the Benguela Current Large Marine Ecosystem (BCLME) Programme whose primary objective was the creation of a Benguela Current Commission. In this sense, the establishment of the Commission in 2007 to deal with transboundary management of the living resources of the Benguela Current and regional biodiversity issues can be regarded as the greatest single legacy of BENEFIT.     

Balancing science and society through establishing indicators for integrated coastal zone management in the Balearic Islands

This paper explores the process by which indicators may be developed as tools for communicating science to decision-makers using the participatory approach demonstrated by the Balearic Indicators Project. This initiative reflects a series of compromises considered necessary to achieve the objective of generating an indicator system that is scientifically viable, comparative internationally yet locally relevant, and to facilitate its implementation. The article highlights questions regarding the utility of science for addressing current global issues related to sustainability and why science often fails to promote change at the societal level.     

Managing Bluefin Tuna in the Mediterranean Sea

Atlantic Bluefin Tuna is an important but not well managed fishery in the Mediterranean Sea. In this paper, management system is evaluated with information on stock status, resource rent, and total employment. The non-restrictive implementation of International Commission for the Conservation of Atlantic Tunas (ICCAT) policies is found to be the institutional reason for its management failure, while the common-property and shared stock nature of this fishery is the fundamental reason. To address these major issues, policy schemes are proposed to help sustainably manage this valuable resource in the Mediterranean Sea.     

Forecasting the consequences of climate-driven shifts in human behavior on cetaceans

While climate change is expected to affect cetaceans primarily via loss of habitat and changes in prey availability, additional consequences may result from climate-driven shifts in human behaviors and economic activities. For example, increases in shipping, oil and gas exploration and fishing due to the loss of Arctic sea ice are highly likely to exacerbate acoustic disturbance, ship strikes, bycatch and prey depletion for Arctic cetaceans. In the tropics, climate change may result in increased hunting pressure on near-shore dolphins and whales off Asia, Latin America, Africa, and elsewhere as the availability of other marine resources diminishes. This study explores the range of potential consequences to cetaceans worldwide from predicted climate-driven shifts in human behavior, and evaluates the risks to particular species given their geographic ranges and habitat preferences. While concern about impacts of climate change on cetaceans has largely focused on polar species, the analysis presented here suggests tropical coastal and riverine cetaceans such as the Irawaddy dolphin, Indo-Pacific humpback dolphin, and finless porpoise are particularly vulnerable to those aspects of climate change that are mediated by changes in human behavior. Policy recommendations include the following: (1) information about cetacean populations should be incorporated into national, regional and international climate adaptation decisions wherever possible (for example, via GEF-sponsored adaptation initiatives); and (2) human-mediated impacts of climate change should be included in cetacean conservation and management plans, such as the management procedures of the International Whaling Commission (IWC), where possible. Because human responses to climate change are likely to evolve rapidly over the coming years and decades, it is important that local, regional and international cetacean conservation and management plans include regular reviews to allow them to adapt to new information.     

Marine research in the Iberian Peninsula: A pledge for better times after an economic crisis

The “17th Iberian Symposium of Marine Biology Studies” took place in San Sebastian (Spain), in September 2012. This contribution is an introduction to a special issue collating the most challenging papers submitted by Portuguese and Spanish scientists to the symposium. The text was structured as a novel, with the three main parts of a novel: (i) Setup: a historical context, from old times to the 1970's. This part presents the main Iberian scientific contribution to marine science, since the 15th Century, as a precedent to modern scientific research; (ii) Conflict: from the 1970's to the economic crisis. This part presents the evolution of Iberian research production, based upon a bibliometric study, from 1974 to 2012; and (iii) Resolution: what for the future?, which shows the main challenges, proposed by the authors, to the European research initiative ‘Horizon 2020’, including aspects such as the need of knowledge-base for marine management, the marine research as a potential source of jobs, the ecosystem-based approach, human activities and Marine Spatial Planning, moving from fisheries to aquaculture, or global change issues, among others.     

Towards sustainable fisheries subsidies: Entering a new round of reform under the Common Fisheries Policy

On 22 April 2009 the European Commission published its ‘Green Paper on the Reform of the Common Fisheries Policy’. The Green Paper points out a contradiction in policy, noting on one hand that public financial support to the Community's fisheries sector is substantial, but on the other hand such support is often incompatible with other Common Fisheries Policy (CFP) objectives, particularly the need to reduce overcapacities. Providing an analytical framework to better understand the effects of subsidies as well as an overview of existing funding schemes under the CFP, this article aims at answering some of the questions posed by the European Commission within its Green Paper. Answers are based on two ideas: the exploitation of marine capture resources ultimately depends on the level of available fish stocks and that a large share of subsidies fuels the race to fish by inducing investment incentives for the fisheries sector. Policies that have ignored this tend to encourage inefficient and unsustainable fishing as well as the misallocation of public funds. Although support schemes under the CFP have changed in recent years, some problematic support schemes persist. A future reform will have to continue the course taken towards sustainable and efficient approaches to supporting the fisheries industry.     

Public ocean literacy in the United States

The 2004 Pew Ocean Commission report suggests a need to improve public literacy about oceans. The authors of the report assume that enhancing public awareness and knowledge of oceans will lead to increased public support for ocean restoration efforts. Following this line of reasoning, our study investigates current levels of public knowledge and informedness concerning oceans, and also explores the correlates of knowledge holding. Using data gathered from a national random sample of 1233 citizens in Summer/Fall 2003, two hypotheses—trans-situational and situation-specific—are examined as explanations of public knowledge levels concerning ocean policy issues. The trans-situational hypothesis evaluates socioeconomic status (SES) as an explanation for levels of knowledge. The situation-specific hypothesis evaluates personal experiences and contexts that might overcome SES characteristics. We also examine the effect of information source use on knowledge holding. Findings suggest that both trans-situational and situation-specific hypotheses are useful in explaining knowledge levels. We also find that information sources, such as newspapers and the internet, are likely to improve citizen knowledge on ocean issues, while television and radio have a negative effect.