Resolution 2005-4

Decisions Document Number
2005-4
Long Title
Resolution to advance the rms process
Body

Resolution 2005-4
RESOLUTION TO ADVANCE THE RMS PROCESS
THE COMMISSION:
AGREES to hold an intersessional meeting to advance the work of the Working Group on the Revised Management
Scheme (RMS) and that of the Small Drafting Group, as established by Resolution 2004-6, with particular emphasis on
any outstanding issues and taking as a starting point the Group’s report to this Commission (IWC/57/RMS 3).

AGREES to hold a meeting of the RMS Working Group in connection with IWC 58 to discuss the remaining issues that
must be resolved before adoption of the RMS can be considered.

AGREES to consider, if appropriate, ministerial, diplomatic, or other high-level possibilities to resolve these issues
among the Contracting Governments to the Convention.

 

Agreed
PROPOSAL FOR A WORKSHOP ON WHALE KILLING METHODS AND ASSOCIATED WELFARE
ISSUES AT IWC58

RECALLING that the scientific Workshop on Whale Killing Methods and Associated Welfare Issues held prior to
IWC55 in 2003, adopted a Revised Action Plan that encourages the IWC to hold a further scientific and technical
workshop in 3-5 years;

NOTING that the Revised Action Plan on Whale Killing Methods, as noted in the Chair’s report of the 2003 Workshop,
recommends continued improvements in data collection and reporting; technical development of killing methods, and
criteria and methods to determine death;

RECOGNISING that the Chair’s report of the 2003 Whale Killing Methods and Associated Welfare Issues scientific
workshop surmises that penthrite grenade technology represents the current state of ‘best practice’ for a primary killing
method;

RECOGNISING the inherent importance of safety for whaling vessel crews in all proposals to improve whale killing
methods;

NOTING that the Working Group on Whale Killing Methods and Associated Welfare Issues agreed to convene a
workshop meeting at IWC 58;

NOW THEREFORE THE COMMISSION:
AGREES the following Terms of Reference for the Workshop on Whale Killing Methods and Associated Welfare
Issues at IWC 58;

The Workshop shall build on advances from previous years to consider the following issues and make
recommendations as appropriate:

1. Practical criteria for determining the onset of irreversible insensibility and death;
2. Means of improving the efficiency of whale killing methods;
3. Reducing times to death and other associated welfare issues;
4. Means for reducing struck and lost rates in whaling operations;
5. The welfare implications of methods used to kill whales caught in nets where they are not released alive;
and

6. Practicable methods of reviewing and collecting data from aboriginal hunts
Safety issues for the crew members of whaling vessels shall be taken into account in all proposals regarding
improvements to existing and new methods, and gear, e.g. killing methods for whales caught in nets. Cost issues for
aboriginal subsistence hunters shall also be taken into account.

In considering these issues the Workshop shall have regard, inter alia, to data furnished to the Working Group on Whale
Killing Methods and Associated Welfare Issues and also to relevant comparative data from the killing of other large
mammals.

Agreed
TERMS OF REFERENCE FOR COMPLIANCE WORKING GROUP
(1) To explore ways to strengthen compliance by analyzing the range of possible legal, technical, and
administrative measures available to the Commission which are consistent within the ICRW.

(2) To explore possible mechanisms to monitor and possibly address non-compliance of contracting governments
consistent with the ICRW and international law

Status
Adopted
Treaty
ICRW

Resolution 2005-3

Decisions Document Number
2005-3
Long Title
Resolution on the Estern North Pacific Gray Whale
Body

RECALLING Resolution 2001-3, which inter alia called on range states and others to actively pursue all practicable
actions to eliminate anthropogenic mortality and minimize anthropogenic disturbance to the western gray whale
population; and Resolution 2004-1, which inter alia called upon range states to develop or expand national monitoring
and research programmes on western gray whales;

WELCOMING the report of the Independent Scientific Review Panel (ISRP) set up by IUCN, to which the IWC
Secretariat contributed, the work carried out under the Russian national program, and the work carried out under the
Russia-US program;

WELCOMING the cooperation between Sakhalin Energy Investment Corporation Ltd (SEIC) and IUCN to address the
potential impacts of their oil and gas activities on western gray whales;

WELCOMING the desire to re-route the planned platform-to-shore oil and gas pipelines around instead of through the
gray whale feeding ground off Piltun Lagoon;

REMAINING CONCERNED that noise generated during the pipeline, platform emplacement and onshore construction
in the coming season will impinge upon the Piltun feeding ground;

ENCOURAGED by the finding of the Review Panel that the population of Western Gray Whales appears to have
increased over the period 1994-2003, even using low abundance estimates; but

CONCERNED that the Review Panel found that the population includes less than 30 reproductive females, and that one
population model using the lowest abundance level of all presented found that a hypothesised additional death of just
one female whale per year could drive the population to extinction before 2050;

NOTING WITH CONCERN that, despite the efforts by the Japanese authorities and peoples concerned not to disturb
the animal and release it from entanglement, a female gray whale was drowned in a set net in Tokyo Bay on May 10,
2005;

NOW THEREFORE THE COMMISSION:
CALLS upon range states to take all practical measures to avoid all anthropogenic mortality, and in particular to
develop and implement strategies to prevent accidental deaths;

CALLS UPON all organisations concerned with oil and gas projects to take all practicable measures to ensure that
received noise levels in the Piltun feeding ground are reduced to a minimum and are in accordance with any future
recommendations of the IWC Scientific Committee;

SUPPORTS the ISRP proposal for a comprehensive strategy to save western gray whales and their habitat;
FURTHER CALLS UPON all organisations, range states, authorities, scientists and other stakeholders concerned with
developments in the waters around Sakhalin Island to support the efforts to develop a framework for collaborative
research, monitoring and mitigation efforts between oil companies, independent experts, national programmes and
authorities and the IWC and other intergovernmental organisations, and that they share all relevant data collected;

REQUESTS the Secretariat continue to offer its services and scientific expertise to appropriate collaborative efforts to
develop a comprehensive strategy and ensure continued effective monitoring of the population.

Status
Adopted
Treaty
ICRW

Resolution 2005-2

Decisions Document Number
2005-2
Long Title
Resolution on facilitating closer cooperation among the range states to expedite the sighting survey on the minke whales off Korean peninsula
Body

Resolution 2005-2
RESOLUTION ON FACILITATING CLOSER COOPERATION AMONG THE RANGE STATES TO
EXPEDITE THE SIGHTING SURVEY ON THE MINKE WHALES OFF KOREAN PENINSULA

RECOGNISING THAT the common minke whale stock migrating off Korea, Russia, China and Japan should be
conserved and managed appropriately, and that the Scientific Committee is now preparing the in-depth assessment for
this stock;

NOTING THAT the spatio-temporal coverage of the past research on this stock for a population assessment was
restricted and that data and samples for stock identification are still insufficient;

NOTING THAT the Commission has classified this stock as a “Protected Stock” and a comprehensive assessment has
not been conducted during the past twenty years;

NOW THEREFORE THE COMMISSION:
WELCOMES a workshop for non-lethal research collaboration on this stock to be held in Ulsan early in 2006 to be
hosted by the Republic of Korea and encourages all range states and other interested parties to participate in the
workshop;

REQUESTS the relevant countries that have unsurveyed waters under their jurisdictions to conduct cooperative non-
lethal scientific research for the 2006 surveys;

RECOMMENDS THAT scientists from range states and other countries to collaborate in association with the IWC
Scientific Committee and harmonize efforts to develop a research program and conduct analysis of data, and that funds
to be provided.

Status
Adopted
Treaty
ICRW

Resolution 2005-1

Decisions Document Number
2005-1
Long Title
Resolution on Jarpa II
Body

RESOLUTION ON JARPA II
AWARE that Article VIII of the International Convention for the Regulation of Whaling allows Contracting
Governments to grant Special Permits for the purpose of scientific research on whales;

RECALLING that since the moratorium on commercial whaling came into force in 1985/86, the IWC has adopted
over 30 resolutions on Special Permit whaling in which it has generally expressed its opinion that Special Permit
whaling should: be terminated and scientific research limited to non-lethal methods only (2003-2); refrain from
involving the killing of cetaceans in sanctuaries (1998-4); ensure that the recovery of populations is not impeded
(1987); and take account of the comments of the Scientific Committee (1987).

ALSO RECALLING Resolution 2003-3 that no additional Japanese Whale Research Program under Special Permit in
the Antarctic (JARPA) programs be considered until the Scientific Committee has completed an in-depth review of the
results of JARPA;

FURTHER RECALLING that earlier this year the Government of Japan concluded JARPA - an 18-year program of
whaling under Special Permit in Antarctic waters;

NOTING that the results of the JARPA program have not been reviewed by the Scientific Committee this year;
CONCERNED that more than 6,800 Antarctic minke whales (Balaenoptera bonaerensis) have been killed in Antarctic
waters under the 18 year of JARPA, compared with a total of 840 whales killed globally by Japan for scientific research
in the 31 year period prior to the moratorium;

NOTING that it is the Government of Japan’s stated intention to more than double the annual catch of Antarctic minke
whales and also take 50 fin whales (B. physalus) and 50 humpback whales (Megaptera novaeangliae) under the
proposed JARPA II program;

NOTING that the Third Circumpolar Survey indicates that the abundance of Antarctic minke whales is substantially
lower than the earlier estimate of 760 000, and that the Scientific Committee is working to identify factors contributing
to the differences between the two surveys;

CONCERNED that there are no agreed data to indicate that endangered fin whale populations have increased since the
cessation of whaling;

ALSO NOTING that some humpback whales which will be targeted by JARPA II belong to small, vulnerable breeding
populations around small island States in the South Pacific and that even small takes could have a detrimental effect on
the recovery and survival of such populations;

ALSO CONCERNED that JARPA II may have an adverse impact on established long-term whale research projects
involving humpback whales;

NOW THEREFORE THE COMMISSION:
REQUESTS the Scientific Committee to review the outcomes of JARPA as soon as possible; and
STRONGLY URGES the Government of Japan to withdraw its JARPA II proposal or to revise it so that any
information needed to meet the stated objectives of the proposal is obtained using non-lethal means.

Status
Adopted
Treaty
ICRW

Resolution 2006-3

Decisions Document Number
2006-3
Long Title
French and Spanish as working languages of the commission
Body

Resolution 2006-3
FRENCH AND SPANISH AS WORKING LANGUAGES OF THE COMMISSION
AWARE of the internationally accepted difference between ‘official languages’ and ‘working languages’ in the
operations of international conventions;

FURTHER AWARE of the necessity for international organizations to protect the Sovereign Rights and the
cultural values of their members;

WELCOMING the increasing number of French speaking countries becoming members of the Commission;
CONSCIOUS of the difficulties inherent to the implementation of new working languages within the
Commission, but wishing to make concrete progress in this direction;

RECALLING the several discussions that took place since IWC56 regarding the introduction of French as
working language of the Commission, as reported mainly in reports submitted to the Commission by the
Finances and Administration Committee;

NOTING with gratitude and appreciation the special contribution made by the Governments of France and
Monaco towards an experimental implementation of the French language as a working language of the
Commission;

FURTHER NOTING with gratitude and appreciation efforts and contributions made by other members of the
Commission to assist with the implementation of French as a working language; and

RECOGNISING the excellent work performed by the Finances and Administration Committee and the
Secretariat

NOW THEREFORE THE COMMISSION:
INSTRUCTS the Secretariat to provide translation and interpretation in French and Spanish in accordance with
IWC/58/28 at the 2007 IWC Annual Meeting.

REQUESTS the Secretariat to investigate the possibility of recognising French and Spanish as working
languages of the Commission at the 2007 IWC Annual Meeting.

FURTHER REQUESTS the Secretariat before IWC/59 to develop options for the implementation of French
and Spanish at future meetings of the Commission, including possible time frame and cost implications for a
final decision to be taken at the 2007 IWC Annual Meeting.

Status
Adopted
Treaty
ICRW

Resolution 2006-2

Decisions Document Number
2006-2
Long Title
Resolution on the safety of vessels engaged in whaling and whale research-related activities
Body

Resolution 2006-2
RESOLUTION ON THE SAFETY OF VESSELS ENGAGED IN WHALING AND WHALE
RESEARCH-RELATED ACTIVITIES

WHEREAS the safety of vessels and crew and the order of maritime navigation are, and have long been, the
common interest of nations worldwide,

WHEREAS the Commission and Contracting Governments support the right to legitimate and peaceful forms of
protest and demonstration,

MINDFUL of the fact that issues relating to confrontation between vessels at sea and in port have been
discussed by this Commission as well as other international fora including the International Maritime
Organization,

RECOGNISING the fact that domestic and international concerns have been expressed concerning
confrontation at sea and port relating to whaling and whale research activities,

SERIOUSLY CONCERNED that dangerous confrontations risk human life, property, and the order of
maritime navigation, and may lead to grave accidents,

RECALLING the International Regulations for preventing Collisions at Sea which set uniform principles and
rules for avoiding collisions at sea,

RECALLING further the guidelines of the International Maritime Organization relating to consultation and
cooperation in marine casualty investigations,

NOW THEREFORE THIS COMMISSION,
AGREES AND DECLARES that the Commission and its Contracting Governments do not condone any
actions that are a risk to human life and property in relation to these activities of vessels at sea, and urges persons
and entities to refrain from such acts;

ENCOURAGES Contracting Governments to take appropriate measures, consistent with IMO guidelines, in
order to ensure that the substance and spirit of this Resolution are observed both domestically and
internationally.

Status
Adopted
Treaty
ICRW

Resolution 2006-1

Decisions Document Number
2006-1
Long Title
ST. Kitts and Nevis declaration
Body

Resolution 2006-1
ST. KITTS AND NEVIS DECLARATION
EMPHASISING that the use of cetaceans in many parts of the world including the Caribbean, contributes to
sustainable coastal communities, sustainable livelihoods, food security and poverty reduction and that placing
the use of whales outside the context of the globally accepted norm of science-based management and rule-
making for emotional reasons would set a bad precedent that risks our use of fisheries and other renewable
resources;

FURTHER EMPHASING that the use of marine resources as an integral part of development options is
critically important at this time for a number of countries experiencing the need to diversify their agriculture;

UNDERSTANDING that the purpose of the 1946 International Convention for the Regulation of Whaling
(ICRW) is to ‘provide for the proper conservation of whale stocks and thus make possible the orderly
development of the whaling industry’ (quoted from the Preamble to the Convention) and that the International
Whaling Commission (IWC) is therefore about managing whaling to ensure whale stocks are not over-harvested
rather than protecting all whales irrespective of their abundance;

NOTING that in 1982, the IWC adopted a moratorium on commercial whaling (paragraph 10 e of the Schedule
to the ICRW) without advice from the Commission’s Scientific Committee that such measure was required for
conservation purposes;

FURTHER NOTING that the moratorium which was clearly intended as a temporary measure is no longer
necessary, that the Commission adopted a robust and risk-averse procedure (RMP) for calculating quotas for
abundant stocks of baleen whales in 1994 and that the IWC’s own Scientific Committee has agreed that many
species and stocks of whales are abundant and sustainable whaling is possible;

CONCERNED that after 14 years of discussion and negotiation, the IWC has failed to complete and implement
a management regime to regulate commercial whaling.

ACCEPTING that scientific research has shown that whales consume huge quantities of fish making the issue a
matter of food security for coastal nations and requiring that the issue of management of whale stocks must be
considered in a broader context of ecosystem management since eco-system management has now become an
international standard.

REJECTING as unacceptable that a number of international NGOs with self-interest campaigns should use
threats in an attempt to direct government policy on matters of sovereign rights related to the use of resources for
food security and national development;

NOTING that the position of some members that are opposed to the resumption of commercial whaling on a
sustainable basis irrespective of the status of whale stocks is contrary to the object and purpose of the
International Convention for the Regulation of Whaling;

UNDERSTANDING that the IWC can be saved from collapse only by implementing conservation and
management measures which will allow controlled and sustainable whaling which would not mean a return to
historic over-harvesting and that continuing failure to do so serves neither the interests of whale conservation nor
management;

NOW THEREFORE:
COMMISSIONERS express their concern that the IWC has failed to meet its obligations under the terms of the
ICRW and,

DECLARE our commitment to normalising the functions of the IWC based on the terms of the ICRW and other
relevant international law, respect for cultural diversity and traditions of coastal peoples and the fundamental
principles of sustainable use of resources, and the need for science-based policy and rulemaking that are
accepted as the world standard for the management of marine resources.

Status
Adopted
Treaty
ICRW

Resolution 2007-5

Decisions Document Number
2007-5
Long Title
The Vaquita, from critically endangered to facing extinction
Body

CONCERNED with the finding of the Scientific Committee concurring with the recent results of the baiji
survey in the Yangzte River that has led the scientific community to conclude that the baiji is functionally
extinct. It is the first cetacean species to disappear in modern times. The main factors that drove the baiji (Lipotes
vexillifer) to extinction were habitat degradation and incidental catch.

RECALLING that since 1991 the IWC SC has recommended that conservation actions must be taken
immediately to eliminate bycatch of the vaquita (Phocoena sinus) in the northernmost Gulf of California,
Mexico, to prevent its extinction. Moreover, since 1997 the International Committee for the Recovery of Vaquita
(CIRVA) has recommended that bycatch be reduced to zero by banning entangling nets throughout the vaquita’s
range whilst noting the difficulties involved in trying to reconcile the vaquita’s need for immediate protection
with the needs of the affected people.

FURTHER RECALLING that IUCN has listed the vaquita as Vulnerable in 1978, Endangered in 1990 and
Critically Endangered since 1996.

NOTING that CIRVA recommended a staged reduction in fishing effort starting in January 2000, with the
expectation that gillnetting would be completely eliminated by January 2002.

FURTHER NOTING that in March 2007 the IUCN Director-General expressed, through a letter to the
President of Mexico, that organization’s grave concern about the future of the vaquita. IUCN also acknowledged
the serious social and economic implications of banning the use of entangling nets in the Northern Gulf and
indicated that conservation efforts must include programs that will help meet the needs of people in the region.

FURTHER NOTING that Mexico has followed many of the recommendations to protect and monitor the
vaquita, e.g. by closing the totoaba fishery, protecting the vaquita’s habitat through Marine Protected Areas
(Biosphere Reserve of the Upper Gulf of California and Delta of the Colorado River and the recently declared
Vaquita Refuge), and implementing an acoustic monitoring program.

FURTHER RECALLING that the Ministry of Environment and Natural Resources and the Ministry of
Agriculture, Livestock and Fisheries have been working cooperatively with several non-governmental
organizations to implement a comprehensive recovery plan with a strong socio-economic component as
recommended by CIRVA.

FURTHER CONCERNED that progress towards reducing/eliminating entanglement has been very slow
despite efforts to ban gillnets from the vaquita’s core area of occurrence and elsewhere in the Northern Gulf. The
baiji experience shows that extinction can happen rapidly and without evidence of a steady or prolonged decline,
if appropriate conservation actions are not taken promptly.

FURTHER NOTING that the vaquita’s survival is at a critical juncture. The best hope for the species is that the
international community and non-governmental organizations will support the Government of Mexico by
providing technical and financial assistance in the implementation of CIRVA’s Recovery Plan and the Biosphere
Reserve.

NOW THEREFORE THE COMMISSION:
COMMENDS Mexico’s intense recent efforts to prevent the extinction of the vaquita despite the difficulties
involved in reducing bycatch to zero, and especially given the difficulties of providing alternative livelihoods to
isolated fishing communities in the Northern Gulf.

FURTHER COMMENDS the President of Mexico for the recent announcement on the Conservation Program
for Endangered Species (PROCER), which calls for the implementation of specific Species Conservation Action
Programs (PACE) for a list of selected species. The vaquita is among the top five species on this list.
IWC59\Resolution 2007-5 2 04/06/07
URGES the Members of IWC and the world community to support Mexico's efforts to prevent the extinction of
the vaquita by reducing bycatch to zero in the immediate future and assisting in providing financial resources
and technical as well as socio-economic expertise.

Status
Adopted
Treaty
ICRW

Resolution 2007-4

Decisions Document Number
2007-4
Long Title
Resolution on CITES
Body

RECOGNISING that the International Whaling Commission (IWC) is the internationally competent organisation for
the conservation and management of whale stocks;

FURTHER RECOGNISING that the Convention on International Trade in Endangered Species of Wild Fauna and
Flora (CITES) passed Resolution Conf 11.4 (Rev COP12) which acknowledges the IWC as the major source of
information on whale stocks around the world;

NOTING that the IWC Scientific Committee continuously reviews the status of all whale stocks;
NOTING that the moratorium on commercial whaling has been in effect since 1986, remains in effect and the reasons
for the moratorium remain valid;

WELCOMING the continuing cooperation between CITES and the IWC on issues related to international trade in
whale products, and urging all governments to continue to support IWC and CITES obligations with respect to this
issue;

FURTHER NOTING the existence of CITES Resolution Conference 11.4 (Rev. CoP12) on the Conservation of
cetaceans, trade in cetacean specimens and the relationship with the International Whaling Commission which interalia
expresses concern that international trade in meat and other products of whales is lacking adequate international
monitoring or control, recognises that the IWC is the major source of information on whale stocks around the world and
recommends that the Parties to CITES agree not to issue any import or export permit, or certificate for introduction
from the sea under CITES for primarily commercial purposes for any specimen of a species or stock protected from
commercial whaling by the International Convention for the Regulation of Whaling;

NOW THEREFORE THE COMMISSION:
AFFIRMS that the moratorium on commercial whaling remains in place and that the reasons for the moratorium are
still relevant;

EXPRESSES APPRECIATION that CITES recognises the IWC’s Scientific Committee as the universally recognised
international organisation with international expertise to review and evaluate the status of the world’s whale stocks;

REAFFIRMS the important role of CITES in supporting the IWC’s management decisions with regard to the
conservation of whale stocks and the importance of continued cooperation between CITES and IWC;

REAFFIRMS the importance of continued cooperation between CITES and IWC with regard to the conservation of
whale stocks through the regulation and management of international trade in whale products;

CONSIDERS that the IWC has not yet completed the necessary measures to regulate commercial whaling;
CONSIDERS that any weakening of existing restrictions on trade under CITES could have significant adverse effects
on the moratorium on commercial whaling and increase threats to whales;

REQUESTS Contracting Governments to respect the relationship between the two conventions and not to seek the
transfer of cetacean species from CITES Appendix I.

FURTHER REQUESTS the secretariat to send a copy of this resolution to the CITES secretariat.


1 The version of this Resolution circulated in August 2007 and posted on the website had an error in the 7 th operative paragraph

Status
Adopted
Treaty
ICRW

Resolution 2007-3

Decisions Document Number
2007-3
Long Title
Resolution on the non-lethal use of cetaceans
Body

RECALLING the objective of the 1946 International Convention for the Regulation of Whaling to safeguard
the natural resources represented by whale stocks for the benefit of future generations;

NOTING that many coastal States, including developing countries, have adopted policies of non-lethal use of
cetaceans in the waters under their jurisdiction, in accordance with their sovereign rights reinforced by, inter
alia, the United Nations Convention on the Law of the Sea (UNCLOS) and the Rio Declaration;

AWARE that most whale species are highly migratory and thus shared biodiversity resources;
CONCERNED that negotiations aimed at resolving the impasses at the International Whaling Commission must
address the issue of non-lethal use to take into account the interests of a substantial portion of IWC membership;

NOTING that, under domestic management by coastal States, non-lethal utilization of whales is a rapidly
growing activity that provides substantial socio-economic opportunities, including promoting employment in
coastal communities, especially in developing countries;

NOTING FURTHER that the moratorium on commercial whaling has been in effect since 1986 and has
contributed to the recovery of some cetacean populations essential for the promotion of non-lethal uses in many
countries;

CONCERNED that whales in the 21st Century face a wider range of threats than those envisaged when the
ICRW was concluded in 1946;

NOTING that the Buenos Aires Declaration states that “high quality and well managed implementation of whale
watching tourism promotes economic growth and social and cultural development of local communities,
bringing educational and scientific benefits, whilst contributing to the protection of cetacean populations”;

NOW THEREFORE THE COMMISSION:
RECOGNISES the valuable benefits that can be derived from the non-lethal uses of cetaceans as a resource,
both in terms of socio-economic and scientific development;

RECOGNISES non-lethal use as a legitimate management strategy;
ENCOURAGES member States to work constructively towards the incorporation of the needs of non-lethal
users of whale resources in any future decisions and agreements.

Status
Adopted
Treaty
ICRW