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(b) JARPA II
109. In March 2005, Japan submitted to the Scientific Committee a document entitled “Plan
for the Second Phase of the Japanese Whale Research Program under Special Permit in the
Antarctic (JARPA II) Monitoring of the Antarctic Ecosystem and Development of New
Management Objectives for Whale Resources” (hereinafter the “JARPA II Research Plan”).
Following review of the JARPA II Research Plan by the Scientific Committee, Japan granted the
first set of annual special permits for JARPA II in November 2005, after which JARPA II became
operational. As was the case under JARPA, the special permits for JARPA II are issued by Japan
to the Institute of Cetacean Research, a foundation established in 1987 as a “public-benefit
corporation” under Japan’s Civil Code. The evidence indicates that the Institute of Cetacean
Research has historically been subsidized by Japan and that Japan exercises a supervisory role over
the institute’s activities. Japan has granted special permits to that institute for JARPA II for each
season since 2005-2006.
110. The JARPA II Research Plan describes key elements of the programme’s design: the
research objectives, research period and area, research methods, sample sizes, and the expected
effect on whale stocks. As further discussed below, the programme contemplates the lethal
sampling of three whale species: Antarctic minke whales, fin whales and humpback whales (see
paragraph 123). This Judgment uses the terms “Antarctic minke whales” and “minke whales”
interchangeably.
111. Minke whales, fin whales and humpback whales are all baleen whales, meaning they
have no teeth; baleen whales instead use baleen plates in the mouth to filter their food from sea
water. Antarctic minke whales are among the smallest baleen whales: an average adult is between
10 and 11 metres long and weighs between 8 and 10 tons. The fin whale is the second largest
whale species (after the blue whale): an average adult is between 25 and 26 metres long and its
body mass is between 60 and 80 tons. Humpback whales are larger than minke whales but smaller
than fin whales: adults are between 14 and 17 metres long.
112. The Court will now outline the key elements of JARPA II, as set forth in the Research
Plan and further explained by Japan in these proceedings.
(i) Research objectives
113. The JARPA II Research Plan identifies four research objectives: (1) Monitoring of the
Antarctic ecosystem; (2) Modelling competition among whale species and future management
objectives; (3) Elucidation of temporal and spatial changes in stock structure; and (4) Improving
the management procedure for Antarctic minke whale stocks.