THE INSTITUTE OF CETACEAN RESEARCH
4-5 TOYOMI-CHO, CHUO-KU, TOKYO 104-0055 JAPAN
PHONE: +81-3-3536-6521 FAX: +81-3536-6522

MEDIA RELEASE
16 January 2006

THE LEGALITY OF JAPAN’S ANTARCTIC RESEARCH
The Institute of Cetacean Research (ICR) has today responded to calls in both New
Zealand and Australia for legal action to be taken against its research program in theAntarctic.
ICR Director General Dr. Hiroshi Hatanaka said today: “Our research is perfectly legal inevery aspect referred to by anti-whaling opponents and scientifically necessary toensure the best decisions can be made for sustainable resource management.”
The ICR research is conducted under a special permit issued by Japanese Government
based on its right under Article VIII of the International Convention for the Regulation ofWhaling (ICRW), which reads that: “Notwithstanding anything contained in thisConvention any Contracting Government [including Japan] may grant to any of its
nationals a special permit authorizing that national to kill, take and treat whales forpurposes of scientific research subject to such restrictions as to number and subject tosuch other conditions as the Contracting Government thinks fit, and the killing, taking,and treating of whales in accordance with the provisions of this Article shall be exempt
from the operation of this Convention.”“The fact that Article VIII begins and ends by categorically stating absolutely nothing in
the ICRW or its Schedule affects research carried out under this provision. This meansthat the current moratorium on commercial whaling, which in our view expired in 1990,
and the Southern Ocean Sanctuary provide no legal basis on which to stop thisresearch.”
Dr. Hatanaka added that while Japan’s Antarctic research was perfectly legal, the dataobtained would ensure the proper management of whale resources under a futurecommercial whaling regime.
“While we have one eye on the law, the other is on the need to ensure that whale stocks
are utilized sustainably for future generations and our research will help us achievethat.”He added that Japan was also meeting its obligations under the 1959 Antarctic Treaty.
“The Antarctic Treaty does not apply to the research activities conducted on the highseas.”(More to follow …)

Page 2 – The Legality of Japan’s Antarctic ResearchSome media coverage in Australia alleges that Japan is conducting its research in anarea called the “Australian Antarctic Sanctuary”. “Article IV of the Antarctic Treaty
freezes all claims to the Antarctic. Japan, like most other nations in the world, does notrecognize Australia’s territorial claim: the Antarctic is for everyone,” Dr. Hatanaka said.
Furthermore, Article VI of the Antarctic Treaty says: “… nothing in the present Treaty
shall prejudice or in any way affect the rights, or the exercise of the rights, of any State
under international law with regard to the high seas within that area.”“The ‘rights’ of any State under international law with regard to the high seas include
freedom of fishing,” Dr. Hatanaka said.
Finally, Dr. Hatanaka said that the necessary permits had been duly provided by theJapanese Government under the Convention on the International Trade in Endangered
Species (CITES) and that nothing in the CITES is violated.
“The legality of Japan’s research in the Antarctic has been discussed ad infinitum at theIWC and other fora. The legal basis is very clear; the environmental basis is evenclearer: the marine resources in the Southern Ocean must be utilized in a sustainablemanner in order to protect and conserve them for future generations,” Dr. Hatanaka said.
ENDS
For further information contact:
Mr. Hideki MORONUKI, Far Seas Fisheries Division, Fisheries Agency,
Ministry of Agriculture, Forestry and Fisheries, Tel: +81-3-3502-2443
Visit also: www.icrwhale.org