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VII. MARINE MAMMALS


VII.1 International Whaling Commission (IWC)

Established by the International Convention for the Regulation of Whaling, signed in Washington D.C. on 2 December 1946 and entered into force on 10 November 1948. The Convention was amended in 1956 and the Schedule to the Convention is amended annually.

Area of Competence

The Convention applies to factory ships, land stations, and whale catchers under the jurisdiction of the Contracting Governments, and to all waters in which whaling is prosecuted by such factory ships, land stations, and whale catchers.

Species Covered

The 1946 Convention refers to the proper conservation of “whale stocks” and does not define the species covered by the term “whale”. Contracting Governments are not of one view on such a definition. When formulating the Convention, the 1946 International Whaling Conference adopted a recommendation that a chart of Nomenclature of whales, annexed to the Final Act of the Conference, be accepted as a guide by the governments represented at the Conference. This list included in toto the baleen, sperm and bottlenose whales. Several Contracting Governments are of the view that the Commission is not empowered to recommend management measures for those species of small cetaceans which are not included in the list.

In 1972, a Sub-Committee of the Scientific Committee was set up to improve data collection on all world catches of small cetaceans and to review species and stock identification. At its Twenty-Seventh Session in 1976, the Commission noted the Scientific Committee’s view that there was a need for an international body to manage stocks of all cetaceans not covered by the IWC Schedule. In 1990, IWC requested the Scientific Committee to commence a process of drawing together all available relevant information on the present status of the stocks of small cetaceans which are subjected to significant directed and incidental takes, on the impact of those takes on the stocks, and providing an assessment of the present threats to the stocks concerned.

Membership

The membership of the Commission is open to all States who wish to ratify or adhere to the Convention. The present members of the Commission are: Antigua and Barbuda, Argentina, Australia, Austria, Benin, Brazil, Chile, China, Denmark, Dominica, Finland, France, Gabon, Germany, Grenada, Republic of Guinea, India, Ireland, Italy, Japan, Kenya, Republic of Korea, Mexico, Monaco, Mongolia, Morocco, Netherlands, New Zealand, Norway, Oman, Republic of Palau, Panama, Peru, Portugal, Russian Federation, St. Kitts and Nevis, St. Lucia, St. Vincent and The Grenadines, San Marino, Senegal, Solomon Islands, South Africa, Spain, Sweden, Switzerland, UK, and USA.

Objectives and Activities

The purpose of the Convention is to provide for the proper conservation of whale stocks and thus make possible the orderly development of the whaling industry. The main duty of the Commission is to keep under review and revise as necessary the measures laid down in the Schedule to the Convention which govern the conduct of commercial and aboriginal subsistence whaling throughout the world. These measures, among other things: provide for the complete protection of certain species; designate specified areas as whale sanctuaries; set limits on the numbers and size of whales which may be taken; prescribe open and closed seasons and areas of whaling; and prohibit the capture of suckling calves and female whales accompanied by calves. The regulatory measures adopted by the Commission are subject to an objection procedure.

In 1975 a new management policy for whales was adopted by the IWC. This was designed to bring all stocks to the levels providing the greatest long-term harvests, by setting catch limits for individual stocks below their sustainable yields. Because of uncertainties in the scientific analyses and therefore the precise status of the various whale stocks, the IWC decided at its meeting in 1982 that there should be a pause in commercial whaling on all stocks from 1985/1986.

A Revised Management Procedure (RMP) applicable to commercial whaling has been developed subsequently, which the Commission accepted and endorsed in 1994. This balances the somewhat conflicting requirements to ensure that the risk to individual stocks is not seriously increased, while maintaining the highest continuing yield. The Commission is currently examining ways to complete a Revised Management Scheme (RMS) that incorporates scientific aspects of management (i.e. the RMP) with those designed to ensure that regulations are obeyed (e.g. a supervision and control scheme). The Commission has agreed that the moratorium on commercial whaling would not be lifted until the RMS is agreed.

Other activities, particularly those of IWC’s Scientific Committee include: assessment of whale stocks; improving management regimes for aboriginal subsistence whaling; estimating incidental capture and consideration of mitigation measures; assessing the effects on cetaceans of environmental change such as global warming and pollution and whalewatching activities; and promoting cooperation between coastal and range states to conserve and manage small cetaceans.

Implementation of Post-UNCED Fishery Instruments

There are no firm plans to implement any of the post-UNCED fishery instruments, but a number of them are being taken into consideration during discussions on completion of the RMS, particularly with respect to a supervision and control scheme. These are the 1993 FAO Compliance Agreement, the 1995 UN Fish Stocks Agreement, the 1995 FAO Code of Conduct and the IPOA-IUU Fishing.

Addressing Specific Issues

The Revised Management Procedure takes a very conservative - and therefore precautionary - approach to setting catch limits.

At its Annual Meeting in May 2002, the Commission adopted a Resolution on “Guidance to the Scientific Committee on the Sanctuary Review Process”, which involves application of the Precautionary Approach. In the Resolution, the Commission instructs the Scientific Committee that, in reviewing Sanctuaries, it includes, inter alia, the application of the Precautionary Approach, to be determined in accordance to Principle 15 of the 1992 Rio Declaration.

Regarding ecosystem-based management, an IWC methodological/modelling workshop was held in June 2002 to examine interactions between whales and fish stocks.

Catch certification and documentation are under consideration within discussions on the RMS and supervision and control scheme. However, assessment of the extent of IUU fishing is not applicable in view of the current moratorium.

VII.2 North Atlantic Marine Mammal Commission (NAMMCO)

Established by the Agreement on Cooperation in Research, Conservation and Management of Marine Mammals in the North Atlantic, signed at Nuuk, Greenland on 9 April 1992 by the current members of the Commission. It entered into force on 7 July 1992. The establishment of NAMMCO built upon a memorandum of understanding between the four member countries to establish an informal North Atlantic Committee for Cooperation on Research on Marine Mammals (NAC).

Area of Competence

The area of competence of the Commission is the North Atlantic. There is no precise delimitation of this area by lines of longitude and latitude. In practice, this area coincides with FAO Statistical Area 27 (Map 14).

Species Covered

The species covered by NAMMCO are all marine mammals within its area of competence.

Membership

Faroe Islands, Greenland, Iceland and Norway.

Objectives and Activities

The objective of the Commission is to contribute through regional consultation and cooperation to the conservation, rational management and study of marine mammals in the North Atlantic. The Commission consists of (a) a Council; (b) Management Committees; (c) a Scientific Committee; and (d) a Secretariat. Management Committees, with respect to stocks of marine mammals within their respective mandates (i) propose to their members measures for conservation and management (generally pertaining to a single stock or species), and (ii) make recommendations to the Council concerning scientific research. All decisions of the Council and Management Committees are taken by the unanimous vote of those members present and casting an affirmative vote.

There is a focus on contemporary approaches to the study of the marine ecosystem as a whole, and to better understand the role of marine mammals in this system. The NAMMCO member countries aim to strengthen and further develop effective conservation and management measures for marine mammals. Such measures are based on the best available scientific evidence, and taking into account both the complexity and vulnerability of the marine ecosystem, and the rights and the needs of coastal communities to make a sustainable leaving from what the sea can provide.

Recent activities (2001-2002) include evaluation of the population status of West Greenland beluga and harwhal. North Atlantic sighting surveys covered much of the Central and Northeast Atlantic. Issues of marine mammal-fisheries interactions have been addressed, including in workshops on the methodological and analytical problems in estimating consumption by marine mammals, and on ecosystem models.

The NAMMCO Council has initiated a reporting system for marine mammal bycatch, and the member countries are in the process of establishing a data collection system.

The Scientific Committee is in the process of providing a new assessment of grey seal stocks throughout the North Atlantic. NAMMCO held a Workshop on Weapons, Ammunition and Ballistics in 2001. The main objectives of the workshop were to increase awareness of weapon types, ammunition and ballistics for hunters and others and to develop guidelines for weapons and ammunition types used for different species.

Implementation of Post-UNCED Fishery Instruments

The post-UNCED fishery instruments are generally not applicable to the mandate of NAMMCO.

Addressing Specific Issues

As noted above, work is ongoing in NAMMCO on the role of marine mammals in the ecosystem.

Strengthening the organization’s capacity is a continuing issue in NAMMCO, and the Commission is continuously updated on the concerns of other organisations through participation in other RFBs and the North Atlantic Regional Fisheries Management Organisation (NARFMO). In addition, NAMMCO undertakes thorough assessment work for all stocks and species under consideration for harvesting. The NAMMCO Scientific Committee and relevant external scientific experts are continuously considering the best scientific data available to be utilised in management and conservation.

In addition, NAMMCO is organising a conference on User Knowledge and Scientific Knowledge in Management Decision Making. The goal of the Conference is to find ways in incorporate the knowledge of fishers, whalers and sealers into the management decision making process in parallel with science.

Accommodation of new entrants is furthered with NAMMCO’s invitation to Russia and Canada to become members of the organisation, under beneficial conditions.

The Joint NAMMCO Control Scheme for the Hunting of Marine Mammals, implemented in 1998, continues to be a high priority for NAMMCO. The Scheme ensures observation of hunting activities in the member countries by international observers. The Scheme has been expanded to include on-board observations.

NAMMCO members are developing data collection systems to collect data on marine mammal bycatch.


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