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Dolphins, Porpoises, and Whales - IUCN

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However, some IWC members have consistently <strong>and</strong><br />

forcefully resisted such broadening. They maintain that<br />

the 1946 convention should be interpreted as applying<br />

only to the large whales (including the minke whale but<br />

not some of the equally large or larger beaked whales<br />

<strong>and</strong> killer whale, for example).<br />

There is also a deep schism within the IWC membership<br />

between pro-whaling <strong>and</strong> anti-whaling forces, <strong>and</strong><br />

this schism has brought the Commission to near collapse<br />

(Andresen 1993). It is axiomatic that restrictions on<br />

human activity are most effective, over the long term,<br />

when the people affected by them regard the restrictions<br />

as legitimate <strong>and</strong> fair. Whaling (or would-be whaling)<br />

countries do not regard many of the IWC's recent decisions<br />

as legitimate or fair. At the same time, many nonwhaling<br />

countries are deeply distrustful of any resumption<br />

of commercial whaling, considering the legacy of overexploitation<br />

of stocks <strong>and</strong> the failure of whaling companies<br />

to disclose full information on catches (cf. Yablokov<br />

1994). Canada withdrew from the IWC in 1982, <strong>and</strong><br />

Icel<strong>and</strong> followed in 1992. Norway <strong>and</strong> Japan have openly<br />

considered withdrawal as an option. At least one regional<br />

organization, the North Atlantic Marine Mammal<br />

Commission, has emerged as an institutional alternative to<br />

the IWC (cf.Hoel 1993).<br />

Restrictions on some fishing activities also need to be<br />

developed <strong>and</strong> enforced, not only to protect cetacean<br />

stocks but to protect the stocks of other target <strong>and</strong> nontarget<br />

sfjecies. One example is the Italian driftnet fishery<br />

for swordfish, which regularly takes cetaceans, including<br />

sperm whales, Cuvier's beaked whales, <strong>and</strong> various other<br />

small <strong>and</strong> medium-sized species, as a bycatch<br />

(Notarbartolo di Sciara 1990). Although such fishing is, in<br />

principle, regulated by European Community laws to<br />

reduce the bycatch (e.g. permissible maximum net length<br />

is 2.5 km), strong evidence is available suggesting that<br />

large numbers of vessels continue to use nets that are 4-6<br />

times longer than allowed (G. Notarbartolo di Sciara, pers.<br />

comm.). Enforcement of existing laws is inadequate.<br />

Also, large-scale fielagic driftnet fishing is on the increase<br />

in North African countries where there are no maximumnet-length<br />

regulations. Three avenues need to be pursued<br />

if the driftnet problem in the Mediterranean Sea is to be<br />

brought under control: (a) regulations of driftnetting must<br />

be implemented by non-European nations, (b) existing regulations<br />

need to be better enforced by governmental<br />

authorities, <strong>and</strong> (c) an independent monitoring program is<br />

needed to check compliance <strong>and</strong> document bycatches. As<br />

emphasized by IWC (1992a:207) the consequences to the<br />

fishermen <strong>and</strong> their communities of banning driftnet fishing<br />

should be studied, <strong>and</strong> a changeover to less wasteful<br />

techniques should be supported <strong>and</strong> monitored.<br />

15<br />

Ensuring that Any Use of<br />

Cetaceans as Resources<br />

Is Sustainable<br />

The term "sustainable development" has often been used<br />

in recent years as a replacement for "conservation" in the<br />

environmental lexicon. As defined <strong>and</strong> championed in<br />

the Brundtl<strong>and</strong> Report (World Commission on<br />

Environment <strong>and</strong> Development 1987), sustainable development<br />

offers hope that the needs <strong>and</strong> aspirations of<br />

human societies can be realized without irreversibly reducing<br />

the earth's biological diversity <strong>and</strong> productive capacity.<br />

The Second World Conservation Strategy defined<br />

sustainable development as "improving the quality of<br />

human life while living within the carrying capacity of<br />

supporting ecosystems" (lUCN/UNEP/WWF 1991:10).<br />

"Sustainable use" was interpreted to mean using renewable<br />

resources "at rates within their capacity for renewal"<br />

(lUCN/UNEP/WWF 1991:10). The idea of sustainable<br />

use has been interpreted by some as both necessary<br />

(human survival depends on our ability to use the earth's<br />

resources) <strong>and</strong> beneficial for conservation (by using a<br />

resource we create an incentive to ensure that it is perpetually<br />

renewed). However, in the case of cetaceans some<br />

conservationists have argued that consumptive use (i.e.<br />

killing of the animals) is neither necessary nor beneficial.<br />

Their arguments have been strongly challenged by some<br />

conservationists from maritime nations in the Northern<br />

Hemisphere, whose economies are largely dependent on<br />

exploitation of marine resources.<br />

Apart from the moral <strong>and</strong> ethical questions that have<br />

been raised, both for <strong>and</strong> against whaling, there have been<br />

serious scientific problems with determining "safe" harvest<br />

levels (i.e. removal rates that are sustainable on a<br />

long-term basis). In the case of many, if not most,<br />

cetacean populations, any regime of sustainable use that<br />

might be initiated today would involve a wild population<br />

that is either (1) already below the current carrying capacity<br />

level due to a history of direct <strong>and</strong> indirect exploitation,<br />

(2) smaller than it was historically because of a<br />

reduced carrying capacity, or (3) both of these. It is generally<br />

agreed that management of cetacean exploitation<br />

should be more than mere replacement-yield management<br />

<strong>and</strong> that it should ensure that depleted populations are<br />

allowed to recover while non-depleted populations remain<br />

large <strong>and</strong> unthreatened. The IWC Scientific Committee<br />

has worked intensively from 1986 into the early 1990s to<br />

develop revised management procedures (RMP) for commercial<br />

whaling that meet these requirements (Kirkwood<br />

1992, Gambell 1993). The version of the RMP adopted by<br />

the IWC at its annual meeting in 1991 (<strong>and</strong> refined since

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