Appendix 2

Draft Protocol for access to samples/data from theInstitute of Cetacean Research (ICR), Tokyo, Japan underProcedure B (JCRM 6 (suppl.): 56-7)
INTRODUCTION
This protocol has been developed in the context of Procedure B of the IWC Scientific Committee's rules for data
availability adopted at the 55th Annual Meeting (Journal of Cetacean Research and Management 6 (suppl.): inpress). Procedure B applies to data required for analyses deemed important in providing advice to the Committee
other than catch limits. Conditions for data recipients (repeated below) as specified in the rules for dataavailability are applicable.
It was agreed that the Committee shall specify the nature of the work and the data required during the meeting at
which the recommendation is made, to the fullest extent possible in the time available at the meeting and inaccord with the published protocol. Requests to the ICR for data under Procedure B of the Scientific Committee's
rules for data availability shall be submitted by the Data Availability Group assisted by a nominated member ofICR.
It was also agreed that if the correct process is followed, the data owners will normally approve the applications
within a ‘specified time period’; in this case ICR agrees that it will respond within 2 weeks of receiving anapplication.
FORMAT OF THE APPLICATION
The format for the application is based on the revised application for catch-at-age analyses agreed by all
members of the Scientific Committee at the end of the Scientific Committee meeting in 2003 (Annex G,Appendix 11).
(a) Title of the proposal, giving the broad subject of the proposed analyses.
(b) Investigators: the full name and affiliation of the principal investigator(s) and co-investigator(s) should
be provided. This should include at least one scientist from ICR.
(c) Objectives and rationale of the study as specified by the by the Scientific Committee along with theappropriate reference to the report(s) of the Scientific Committee. This will include the reasons why theproposed analyses are important and how they fit into previous work.
(d) Data to be used will include a general description of all data to be used as well as data held by ICR. For
the ICR-held data, the precise requirements will be given, including the level of disaggregation.
(e) Description of the methods likely to be used. The level of detail must be in accordance with the level ofnovelty of the proposed methods and the particular research questions they will address. References tosimilar analyses should be included where available.
(f) Schedule of the work: this should include estimated times for the various analyses to be carried out andan indication of which investigators will collaborate on individual components. If the project is a longterm project, annual progress reports will be required by ICR and the Scientific Committee.
(g) Output of the research: this will follow the rules for publication agreed at the Scientific Committee
meeting and given below. ICR may consider requests for less stringent conditions (e.g. presentations atnon-IWC scientific meetings, publications, etc.). Such requests should be detailed here.

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CONSIDERATION OF THE PROPOSAL
If an application has been approved by the whole Scientific Committee at an annual meeting, it will normally beapproved by ICR. However, the final decision will always remain the prerogative of ICR. ICR may request
reviews by an internal review group and/or external experts. The following factors will be taken in to account by
ICR when considering applications.
(a) Priority: highest priority for analysis/research of samples/data produced by Japan's Whale Research
Programs under Special Permit, will be for the scientists that collected and obtained the data in any
particular field.
(b) Suitability of the requested data in the context of the proposed methods and the objectives of the research.
(c) Level of co-operation with ICR scientists.
The response to an application for data will be communicated by the ICR's Director General to the Data
Availability Group and may include requests for further information. If the research proposal is accepted, ICR
will nominate a scientist, (normally one of the co-investigators) who shall be responsible for making thenecessary arrangements to provide the required samples/data.
Agreed Scientific Committee conditions for data recipients
Applications deemed suitable under Procedure A or Procedure B below are granted under the following
conditions:(1) Data shall not be transmitted to third parties.
(2) Papers may only be submitted to a Committee meeting in accordance with the time restrictions given
below. Such papers must not include the raw data or the data in a form in more detail than is necessary
to understand the analysis.
(3) Papers must carry a restriction on citation except in the context of IWC meetings.
(4) Data owners are offered co-authorship.
(5) Publication rights remain strictly with the data owner.
(6) Data shall be returned, to the Secretariat or the data owner as appropriate, immediately after the meetingat which the paper is submitted and any copies destroyed, unless an extension is granted.
(7) Data requesters sign a form agreeing to the above conditions. Such forms will be held by the data ownerand the Secretariat. In the case of Procedure B, the Data Availability Group will sign the agreement on
the Committee’s behalf and ensure that the conditions of any agreement are met by any individual
scientists involved in the analysis.
(8) In the event of a breach of the conditions in (6), serious sanctions [to be determined] will apply.

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