JAPAN'S WHALE RESEARCH PROGRAM
IN THE ANTARCTIC
On November 17, 2000, Japan's whale research fleet departed for the Antarctic to begin
the 14th year of its research program. The research program involves both a sighting
survey whose primary purpose is the estimation of trends in abundance, and a samplingcomponent.
Legal Basis for Japan's whale research in the AntarcticArticle VIII of the 1946 International Convention for the Regulation of Whaling (ICRW)
unequivocally provides that Contracting Parties may grant permits authorizing the takeof whales for purposes of scientific research. This provision begins with the words"Notwithstanding anything contained in the Convention...". Article VIII also provides thatthe taking and treatment of whales in accordance with this Article shall be subject only
to conditions as the Contracting Government sees fit and shall be exempt from theoperation of the Convention. Further, Article VIII requires that "any whales taken underthese special permits shall so far as practicable be processed and the proceeds shall bedealt with in accordance with directions issued by the Government by which the permit
was granted". This means that the Convention requires the utilization of meat and otherby-products of the research. Japan's whale research program in the Antarctic isperfectly legal and fully consistent with these provisions of the ICRW and its rights as asignatory to this Convention.
Nothing in the United Nations Convention on the Law of the Sea (UNCLOS) detracts
from the rights of States under the ICRW. The UNCLOS obliges States to "work throughthe appropriate international organizations" for the conservation, management andstudy of cetaceans. This obligation is clearly met since Japan's research program isconducted in accordance with the terms of the ICRW and supported by the IWC's
Scientific Committee. The Government of Japan continues to work through the IWC inan effort to bring the work of the Commission in line with the objectives and purposes ofthe ICRW.
Scientific Basis for Japan's whale research in the Antarctic
The issue of scientific research on whales is of vital importance to the IWC since theConvention prescribes that regulations adopted by the Commission shall be based on
scientific findings. Japan's research program in the Antarctic, which began withfeasibility studies in 1987/88 and 1988/89 in response to claims of uncertainty ofscientific information, has 4 objectives: 1). Estimation of biological parameters toimprove the stock management of the Southern Hemisphere minke whale, 2).
Elucidation of the role of whales in the Antarctic marine ecosystem, 3). Elucidation of
the effect of environmental changes on cetaceans and, 4). Elucidation of the stock
structure of the Southern Hemisphere minke whales to improve stock management.
Sampling will include the take of up to 440 minke whales from an abundant stock. The
small take for research purposes does not pose any risk to the status of minke whales.
More than 100 data items and samples are taken from each whale including ear plugs
for age determination studies, reproductive organs for examination of maturation,
reproductive cycles and reproductive rates, stomachs for analysis of food consumption
and blubber thickness as a measure of condition.
Japan's research program in the Antarctic has included participation by foreignscientists and has been the subject of extensive review by the IWC's ScientificCommittee. The Scientific Committee has noted that the program has provided
considerable data which could be directly relevant for management and that the resultsof this program have the potential to improve the management of minke whales. The
Scientific Committee has also noted that non-lethal means to obtain some of thisinformation are unlikely to be successful in the Antarctic. The meaning of this advice isunambiguous, however, it has been misrepresented in a number of resolutions adopted
by the IWC's Plenary sessions. These resolutions, adopted for political reasons andwithout scientific basis, urge Japan to refrain from issuing special permits for takingwhales. The Government of Japan has rejected these resolutions since they are aninfringement on its fundamental rights as a signatory government to the 1946
Convention and because they contradict the findings of the IWC Scientific Committee
which has commended both the quality and quantity of the results from this researchprogram. Clearly, if we are to base the management of whale resources on scientificfindings, as required by the ICRW, the conclusions of the Scientific Committee argue
strongly for continuation of this research program.
The estimate for Southern Hemisphere minke whale population size agreed to by theIWC's Scientific Committee in 1990 was based on survey data from 1982/83 to 1989/90.
This estimate was 760,000 animals. It is 10 years since that estimate was made and theScientific Committee has now said that it its unable to provide reliable estimates ofcurrent minke whale abundance. We should not be surprised that over a period of 10years, populations of individual species within a dynamic ecosystem may change. If
new estimates are somewhat lower, it could be a natural consequence of a fast growing
resource over-shooting and then returning to a new carrying capacity that reflects anincrease in the population of other whale species. Whatever the new estimate may be,even if it were substantially lower than 760,000, it is clear that the population isabundant and in no way threatened by the small research take of 440 animals. In fact,
much of the scientific data that the IWC's Scientific Committee will use to make its new
population assessment will come from Japan's research program.
Much has been learned from Japan's whale research programs including valuable
information related to genetic make-up, reproduction and geographical distribution andthe feeding habits of whales. The research has found for example that whales areconsuming 3 to 5 times the amount of marine living resources as are caught for humanconsumption. This is an important issue for world food security. Our research has also
showed that contaminant levels in Antarctic minke whales are very low.
The IWC's Southern Ocean Sanctuary
Contrary to the principle that the management of living resources should be based on
scientific findings, the Southern Ocean Sanctuary prohibits the commercial taking ofwhales "irrespective of the conservation status of baleen and toothed whales in thisSanctuary".
The Sanctuary was adopted in 1994 in the absence of advice from the ScientificCommittee that such measure was necessary to carry out the objectives and purposesof the ICRW and to provide for the conservation, development and optimum utilization ofwhale resources. This action by the Commission ignored Article V 2. of the ICRW which
requires that regulations "shall be such as are necessary to carry out the objectives andpurposes of this ConventionÉ" , "shall be based on scientific findingsÉ" and "shall take
into consideration the interests of the consumers of whale products and the whaling
industry." It also ignored the fact that the area encompassed by the Southern Ocean
Sanctuary has the world's largest population of whales and that this represents avaluable food resource for humans. The Government of Japan is committed to theprinciple that the management of whales, and all marine resources, should be based on
scientific findings.

Further, the IWC has been provided with a comprehensive legal analysis related to thedesignation of the Southern Ocean Sanctuary which concludes that the IWC exceeded
its authority under the Convention and that the establishment of the Southern Ocean
Sanctuary violates the treaty. Notwithstanding this, the Southern Ocean Sanctuary
applies to commercial whaling. It does not apply to the taking of whales for research
purposes.
Whales as food and Japanese culture
The Japanese have been eating whale meat and utilizing whalebones, blubber and oilfor more than two thousand years. Active hunting for large cetaceans has a history of
more than 400 years. Offshore whaling activities began after the Meiji Restoration in
1868, however some whaling remained within the traditional areas where it still plays animportant role as the basis of solidarity in the community. In the years immediately
following World War II (1947Ð1949) the consumption of whale meat was about 45% ofthe total meat consumption in Japan after which it remained at about 30%. However,since the 1960's the supply of whale meat has gradually declined and accordingly
consumption has been reduced. The significance of whale meat in Japanese dietary
habits, however is still very important at present.
Japanese dietary habits which have been deeply rooted in history show that whale meathas been a protein source as ordinary everyday food but it also has been treated as a
special food with regional and social significance. In the areas where whaling has been
conducted traditionally, these dietary habits have become an integral part of thecommunity such that all local ceremonies or festivities include the serving of somewhale meat dishes.
The whale to the Japanese in ancient times was a kind of fish that was thought to be
brave and great. Today, along with all other marine resources, whales continue to beviewed as a source of food to be used sustainably. The total protection of all whales
irrespective of their stock status as promoted by some members of the IWC and someenvironmental and animal welfare organizations is contradictory to Japanese culturalvalues where whale meat is still eaten and where whales are still revered throughreligious ceremonies and festivals. This is particularly so for those communities wherethe local peoples lives have depended on whaling activities.
In December 1995, ninety-five States agreed to a Declaration and Plan of Action on theoccasion of the International Conference on the Sustainable Contribution of Fisheries toFood Security hosted by the Government of Japan with technical assistance from theFood and Agriculture Organization of the United Nations. Among other things, theDeclaration specifically "Call(s) for an increase in the respect and understanding ofsocial, economic and cultural differences among States and regions in the use of living
resources, especially cultural diversity in dietary habits, consistent with management
objectives". Sustainable whaling and the consumption of whale meat in Japan is fully
consistent with this Declaration. The principles of sustainable use of resources andrespect for cultural diversity are accepted as a standard world-wide and are a
prerequisite to cooperation in the international management of ocean resources. The
position of those opposed to whaling, irrespective of the status of stocks, is contrary tothese widely accepted principles which have now been enshrined in numerous
international agreements, covenants and other documents.
Conclusions
Criticism that Japan's whale research program in the Antarctic undermines the intent of
the IWC's Southern Ocean Sanctuary and the moratorium on commercial whaling, that

information sought from the research program is unnecessary or that it can be obtainedusing non-lethal means misrepresent the facts and are contrary to scientific advice asexplained above. Similarly, comments that Japan is breaking international law or that its
research program is illegal because of its obligations under the United Nations
Convention on the Law of the Sea (UNCLOS) are a misrepresentation of fact.
Opposition to Japan's research program in the Antarctic and the consumption of whale
meat in Japan also disregards the need for respect and understanding of culturaldifferences among States. It is important to note that opposition to Japan's research
program in the Antarctic is by no means a reflection of widespread opinion. In fact,
opposition to this research comes from only a small number of countries where special
interest NGOs have had a major influence on government policy related to whales andwhaling.