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Type
Resolution
Status
Adopted

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Keywords
Trade, National law, Regulations, Imports, Conventions
Full text

WHEREAS it is the purpose of the 1946 International Convention for the Regulation of Whaling (ICRW) to provide for the effective conservation and management of whale stocks through a coherent system of international regulation;

WHEREAS the International Whaling Commission is the universally recognised competent international organisation responsible for the management of whales and whaling; WHEREAS the Commission's Resolution at its 31st Annual Meeting (Rep. int. Whal. Commn 30: 38), and prior Resolutions, declared that member States should not import whale products from non-member countries;

WHEREAS at a Special Meeting in Tokyo in 1978, the Commission recognised that, to reinforce adherence to IWC regulations, it is desirable to use each international opportunity to ban trade in those species and stocks of whales that receive total protection from commercial whaling;

WHEREAS at the Special Meeting, the Commission requested the Second Meeting of the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) to take all possible measures to support the IWC ban on commercial whaling for certain species and stocks of whales, as provided in the Schedule to the ICRW;

WHEREAS at the Special Meeting, the Commission resolved that each Contracting Government take all appropriate measures to prevent the import of any whale or whale product taken or processed under the jurisdiction of any non-IWC member countries;

WHEREAS in 1979, CITES recognised that the meat and other products of protected stocks of whales are subject to international trade that cannot be controlled effectively by the IWC alone;

WHEREAS in 1979, the Second Meeting of the Conference of the Parties recommended that CITES Parties agree not to issue for primarily commercial purposes any import or export permit, or certificate for introduction from the sea, for any specimen of a species or stock protected from commercial whaling by the ICRW;

WHEREAS at its Annual Meeting in 1982, the Commission set catch limits for the killing for commercial purposes of whales from all stocks for the 1985 coastal and the 1985-86 pelagic seasons at zero, which catch limits remain in effect under paragraph 10(e) of the ICRW Schedule;

WHEREAS under CITES there is a prohibition on commercial trade, including introduction from the sea, in all stocks of whales for which the IWC has set zero catch limits; WHEREAS at its Annual Meeting in 1986, the Commission resolved that the products of research whaling should be used "primarily for local consumption";

WHEREAS the Commission is concerned by reports of the discovery of whale products appearing for sale in, or en route to, importing countries, from no plausible legitimate source;

WHEREAS the Commission in 1993 sought information on possible illegal whaling activities by non-member governments, and is concerned to prevent such activities and the trade in whale products derived from such activities;

NOW THEREFORE the International Whaling Commission:

(1) CALLS UPON all IWC members to enforce strictly their existing international obligations under the ICRW, including fully complying with the moratorium on commercial whaling declared in paragraph 10(e) of the Schedule, and under CITES, relating to the control of international trade in whale products.

(2) REAFFIRMS the need for Contracting Governments fully to observe earlier IWC resolutions addressing trade questions, particularly resolutions prohibiting the import of any whale or whale product taken or processed under the jurisdiction of any non-IWC member countries;

(3) OBSERVES that any commercial international trade in whale products obtained from research whaling or fisheries bycatch makes illegal commerce more difficult to detect, and undermines the effectiveness of the IWC's conservation program;

(4) CONSIDERS THEREFORE that meat and products from research whaling should be utilised entirely for domestic consumption; and

(5) INVITES each Contracting Government to report to the Infractions Sub-committee at every Annual Meeting: (a) information on whale meat and products available on its domestic market, and the specific source of those items (i.e., commercial whaling, research whaling, fisheries bycatch); (b) any shipments of whale meat and products intercepted in international commerce, especially those involving their nationals or interests, and what measures the Government has taken in response; and (c) any other developments relevant to trade in whale meat or products (e.g., new laws or regulations).