JOINT MEDIA RELEASEThe Institute of Cetacean Research / Kyodo Senpaku Kaisha
11 April 2012

Appeal Filed in Legal Action against Sea Shepherd
The Institute of Cetacean Research (ICR) and Kyodo Senpaku today filed a Notice of Appeal
seeking review by the 9th Circuit Court of Appeals of the March 19 Order entered by theDistrict of Washington Federal Court in the safety at sea case against Sea Shepherd and PaulWatson.
ICR and Kyodo Senpaku filed their original complaint in Seattle on 8 December 2011
seeking injunctive relief from violent behavior it believed threatened the safety and lives of
its researchers and crews. This followed several years of increasingly dangerous physicalattacks on the High Seas in which Sea Shepherd attempted to sabotage research activity byramming vessels, dragging ropes to damage propellers and throwing and firing glass
projectiles from close quarters. Some minor injuries have occurred, although these have been
kept to a minimum by the use of protective netting and by limiting the number of personnel
on deck during the encounters.
In summary, the court’s conclusions in at least three primary areas are at issue.
First, ICR and Kyodo Senpaku believe that injunctive relief is in the public interest because itstops mariners from being put at risk by willful acts of violence. Since the research activity isrecognized as a Treaty right under the International Convention on the Regulation of Whaling
and, since this Treaty has been ratified by the United States, the public interest lies inupholding the Treaty and in not condoning dangerous activities that could cause harm toothers. ICR and Kyodo Senpaku believe that views on the overall benefit or desirability ofthe research are not relevant in these particular proceedings. Since the research is recognized,valued and permitted under an international Treaty signed by the United States, the Plaintiffs
believe that it is not for the court to take account of the impact of the research on individual
whales as part of its consideration of the public interest. In the same way, courts do notassess the desirability or otherwise of lawful activity carried out on land when they rule on
trespassing, sabotage or violence complaints (such as attacks on animal research laboratories).
In any event, the research take has been maintained at levels that ensure no threat to thewhale stocks.
Secondly, ICR and Kyodo Senpaku feel that the court failed to give proper weight to thepotential for irreparable harm posed by Sea Shepherd’s activities. ICR and Kyodo Senpaku
believe that the risk of harm and the nature of the actions justify an injunction against the actsof sabotage.
Thirdly, ICR and Kyodo Senpaku feel that it was inappropriate for the court to defer to anorder made by an Australian court that relies on disputed claims to international waters. TheUnited States (like most of the world, including Japan) specifically does not recognize
Australia’s territorial claims in the Antarctic, and therefore does not recognize Australia’sauthority to establish an Australian Whaling Sanctuary in these waters. If the United States is
now to defer to all orders that rely on disputed territorial claims, the impact on wider worldcommerce and politics for American citizens would be substantial. The court should nottherefore have deferred to the Australian order in this case.
In short, ICR and Kyodo Senpaku believe that the order denying the preliminary injunctionshould be set aside and that the appellate court should clarify how the standard for apreliminary injunction is to be applied in this case. They believe that when the standard iscorrectly applied, injunctive relief is appropriate. The plaintiffs do not take issue with thecourt’s assertion that the whaling dispute is a matter for nations to resolve. But they came tothe court with an entirely different purpose in mind, namely to ensure safety at sea in light ofthe dangers and risks that have as their origin an organization and individual who fall within
the court’s jurisdiction.
ICR conducts its Antarctic whale research program under a permit issued by the Governmentof Japan in accordance with Article VIII of the International Convention for the Regulation ofWhaling. Kyodo Senpaku provides the vessels and crews for the research program.
ENDS
For more information contact: Gavin Carter, Washington, DC: +1-571-243-6030