WHEREAS the Commission has considered the Report of the Scientific Committee IWC/46/4 concerning the results of the Japanese catches of minke whales in the Southern Hemisphere described in SC/46/SH11, 12, 13, 14, 15, 20 and O24, the proposed catch in 1994/95 described in SC/42/SH16, and the responses of the Government of Japan to earlier criticisms of the research programme arising in the Scientific Committee's reports (IWC/39/4; Report of Special Meeting Cambridge 1987, IWC/40/4 and IWC/41/4, IWC/42/4, IWC/43/4 and IWC/44/4);

WHEREAS the Commission has encouraged Contracting Governments to base their research programmes to the maximum extent possible on non-lethal methods (Rep. int Whal. Commn 40:70) and the Government of Japan has made important contributions to the development of non-lethal whale population assessments methods, especially under the IWC/IDCR programme of Southern Hemisphere Minke Whale Assessment Cruises;

WHEREAS the Government of Japan, through its various modifications to the original research programme, including those outlined in SC/46/SH16 has attempted to address the concerns expressed by the Scientific Committee in its earlier reports;

WHEREAS Japan has not provided any information which adequately addresses the concerns expressed in the Scientific Committee on the ability to estimate the age specific mortality of Southern Hemisphere minke whales;

WHEREAS the Commission takes cognizance of Article VIII of the International Convention for the Regulation of Whaling, under which the granting by any Contracting Government to its nationals of a Special Permit authorising the killing, taking or treatment of whales for purposes of scientific research remains the responsibility of each Contracting Government, exercising its sovereign rights in respect of maritime areas under its jurisdiction and freedom of the high seas;

Now, THEREFORE, the Commission

CONSIDERS; taking into account the comments of the Scientific Committee; that the proposed kill of minke whales in the Southern Hemisphere described in SC/46/SH16 does not fully satisfy the criteria specified in both the 1986 Resolution on Special Permits for Scientific Research and the 1987 Resolution on Scientific Research Programmes in that the proposed research is not structured so as to contribute information presently required for the management of whaling in these areas for this species, though it addresses certain research interests;

RECALLS that each of its previous resolutions on the catches under Special Permit under this research programme, which have expressed similar conclusions, has not produced the required restructuring of the scientific research programme; INVITES the Government of Japan to reconsider the proposed research take of minke whales under special permit in 1994/95 in the light of the above; RECOMMENDS the Government of Japan to restructure its research programme concerning minke whales in the Southern Hemisphere in such a manner that the research interests can be adequately addressed with nonlethal methods.