humanitarian purposes the time taken to inflict death must be regarded as the significant factor”. Theworking party considered <strong>and</strong> discounted the possibility of developing quicker <strong>and</strong> surer methods ofkilling whales involving drugs, carbon-dioxide gas <strong>and</strong> electricity, but agreed that a combination ofexplosive harpoon <strong>and</strong> electricity “might provide a speedier method of killing.” (IWC 1961).Welfare <strong>and</strong> the ICRWAlthough some IWC members still argue that the ICRW does not provide the IWC with a directm<strong>and</strong>ate to address humane killing, the Convention grants the Commission competence to makebinding regulations that are “based on scientific findings”. The text states: “The Commission mayamend from time to time the provisions of the Schedule by adopting regulations with respect to theconservation <strong>and</strong> utilisation of whale resources, fixing… (e) time, methods, <strong>and</strong> intensity of whaling… (f)types <strong>and</strong> specifications of gear <strong>and</strong> appliances which may be used” (ICRW, Article V, 1946). Moreover,Article VI states that the commission may “make recommendations to any or all contractinggovernments on any matters which relate to whales or whaling.”These articles have subsequently provided IWC members concerned about the welfare of huntedwhales with a means to try to prohibit the use of certain killing methods. Despite this, little wasachieved before 1980 that directly improved the humaneness of whaling operations because the rulesgoverning the killing of whales were focussed on improving efficiency <strong>and</strong> reducing wastage ratherthan improving animal welfare. Although serious questions regarding the cruelty involved in whalingwere put to the IWC as early as the 1950s, it took 30 years before the ‘cold’ or non-explosiveharpoon was finally banned for all species by the 1982/83 season 3 (Table 1).Welfare <strong>and</strong> the moratoriumIn 1972, international concern over the plight of the whales was raised at the UN Conference on theEnvironment, held in Stockholm. It called for an immediate ten-year moratorium on whaling <strong>and</strong>the ‘strengthening’ of the IWC, which was, at that time, dominated by whaling interests. By 1982,many countries had heeded the UN’s call a decade earlier <strong>and</strong> had joined the IWC to support amoratorium on commercial whaling. Many of these cited the cruelty of whaling as a reason for theirdecision.THE IWC AND WHALE WELFARE31Rather than introduce a moratorium, the IWC responded to the UN by adopting the ‘NewManagement Procedure’ (NMP) in 1975, to regulate the industry. However, the NMP did notinclude any new welfare provisions. The previous year, the IWC Scientific Committee considered apaper by Peter Best of South Africa on ‘Death Times for <strong>Whale</strong>s killed by Explosive Harpoons’ (Best1974). He argued that it was unlikely to be possible to reduce times to death by any other devicethan the explosive harpoon because of “....the practical difficulties associated with consistently scoring alethal hit on an unrestrained target from a moving platform.” The Scientific Committee recommendedthat the commission seek advice from experts to “examine ways of improving the efficiency of existingmethods” (IWC 1975a).The following year there had been little progress, but significantly, the Scientific Committeerecommended that: “criteria should be established for judging the humaneness of killing” <strong>and</strong> that “....therapidity with which the whale is rendered unconscious <strong>and</strong> killed is the most important factor, both fromthe humane <strong>and</strong> commercial point of view” (IWC 1975b). In 1977, a proposal that the number ofharpoons used to kill whales should be reported was not adopted by the Commission (IWC 1977).
In 1978, another attempt to obtain data on the number of harpoons used <strong>and</strong> struck <strong>and</strong> lost ratesfailed, but the Commission agreed a resolution calling for information to be reported on “...time todeath from the time struck, <strong>and</strong> the reliability of the killing device” (IWC 1979a). The Commission alsoaccepted the Scientific Committee’s recommendation for a research programme into humane killing.However, a sub-committee on ‘humane killing techniques’ concluded that the explosive harpoon wasstill the most humane killing method available (IWC 1979b).In 1979, the working group considered reports on whale killing from expert witnesses who wereshocked by what they had observed (IWC 1980). The Commission adopted variousrecommendations to collect more data on killing times <strong>and</strong> planned to convene a ‘workshop toconsider more humane methods’.32A REVIEW OF THE WELFARE IMPLICATIONS OF MODERN WHALING ACTIVITIESIn 1980, the IWC held its first ‘Workshop on Humane Killing Techniques for <strong>Whale</strong>s’. It consideredreports of killing methods including the use of the electric lance <strong>and</strong> rifle as secondary killingmethods in Japanese <strong>and</strong> Norwegian operations respectively. The group adopted a workingdefinition that “humane killing of an animal means causing its death without pain, stress or distressperceptible to the animal” (IWC 1980). However, neither the impact of the chase on the individual(see chapter 9) or the impact of the kill upon other group members, were considered because theparticipants said they lacked the expertise to assess these factors. The issue of how to determine thetime of death or unconsciousness in whales was also raised. However, attention focussed ondeveloping a penthrite explosive grenade that could be used during minke whaling, instead of eitherthe cold harpoon, which resulted in protracted times to death, or the black powder explosivegrenade which spoilt more of the meat (chapter 2).Japan reported to the workshop that whales might die “...within 4 to 5 minutes after the start ofelectrocution” <strong>and</strong> Norway reported that three or four rifle shots were needed to kill some whales thathad already been harpooned (IWC 1981). It was clear from the data presented that whales weresuffering extensively in whaling operations <strong>and</strong> particularly from the use of ‘cold’ harpoons. Thissparked a debate that led to a UK proposal to ban the use of the ‘cold’ or non-explosive harpoon tokill all whales except minke whales. Australia proposed that the ban be extended to include minkewhales by 1982 (although this did not come into effect until the 1982/83 pelagic <strong>and</strong> 1983 coastalseasons). In a l<strong>and</strong>mark decision the IWC agreed to the ban (although, subsequently severalcountries filed objections to the ban 4 ) <strong>and</strong> the significance of this decision reverberates to this day.This was the first time that the IWC had acted to improve the humaneness of whaling by outlawingthe use of a specific killing device. The IWC had, de facto, accepted competence for humane killing,a fact the whalers refute to this day.Although the moratorium on commercial whaling was eventually adopted in 1982, the cruelty issueswithin whaling were still not comprehensively addressed by the IWC. In 1984, the United NationsEnvironment Programme (UNEP) endorsed the ‘Global Plan of Action for the <strong>Conservation</strong>,Management <strong>and</strong> Utilization of Marine Mammals’, which called for: “Ensuring that any exploitativeor low consumptive use of marine mammal populations is conducted in a humane manner....”. The IWCconsidered the UNEP plan that year <strong>and</strong> again “endorsed its implementation” (IWC 1985). However,the Commission did not at that time join the Planning <strong>and</strong> Consultative Committee (PPC) chargedwith implementing the plan, due to objections raised by some contracting governments.
- Page 5 and 6: ForewordWhales are highly evolved a
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15 Whaling and welfarePhilippa Brak
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16 Summary of conclusionsModern day
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Glossary136A REVIEW OF THE WELFARE
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Appendix IIColour plates©Mark Voti
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142A REVIEW OF THE WELFARE IMPLICAT
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Figure 13. Processing minke whales