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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 99 Introduced in Senate (IS)]

109th CONGRESS
  1st Session
S. RES. 99

    Expressing the sense of the Senate to condemn the inhumane and 
 unnecessary slaughter of small cetaceans, including Dall's porpoise, 
  the bottlenose dolphin, Risso's dolphin, false killer whales, pilot 
    whales, the striped dolphin, and the spotted dolphin in certain 
                                nations.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 6, 2005

     Mr. Lautenberg (for himself, Mr. Levin, Mr. Sarbanes, and Mr. 
 Lieberman) submitted the following resolution; which was referred to 
                   the Committee on Foreign Relations

_______________________________________________________________________

                               RESOLUTION

 
    Expressing the sense of the Senate to condemn the inhumane and 
 unnecessary slaughter of small cetaceans, including Dall's porpoise, 
  the bottlenose dolphin, Risso's dolphin, false killer whales, pilot 
    whales, the striped dolphin, and the spotted dolphin in certain 
                                nations.

Whereas the United States has consistently worked to increase protections for 
        marine mammals, such as dolphins and whales, since the enactment of the 
        Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.);
Whereas dolphins and whales are found worldwide, including in both of the polar 
        regions, throughout the high seas, and along most coastal areas;
Whereas these unique, highly social, and intelligent animals have caught the 
        imagination of the public not only in the United States, but in many 
        nations around the world;
Whereas the over-exploitation of small cetaceans for decades has resulted in the 
        serious decline, and in some cases, the commercial extinction, of those 
        species;
Whereas each year tens of thousands of small cetaceans are herded into small 
        coves in certain nations, are slaughtered with spears and knives, and 
        die as a result of blood loss and hemorrhagic shock;
Whereas in many cases, those responsible for the slaughter prevent documentation 
        or data from the events from being recorded or made public;
Whereas the deficient information on hunt yields and small cetacean populations 
        indicates a lack of commitment to maintaining sustainable populations 
        and prevents scrutiny of humaneness of killing methods;
Whereas for at least the past 4 years toxicologists have issued warnings 
        regarding high levels of mercury and other contaminants in meat from 
        small cetaceans caught off coastal regions;
Whereas some nations that participate in small cetacean slaughter are members of 
        the United Nations Convention on the Law of the Sea, done at Montego 
        Bay, Jamaica, December 10, 1982, and are therefore bound to honor 
        article 65 of that Convention, which declares that ``States shall 
        cooperate with a view to the conservation of marine mammals and in the 
        case of cetaceans shall in particular work through the appropriate 
        international organizations for their conservation, management, and 
        study'';
Whereas in 1946, 14 nations adopted the International Convention for the 
        Regulation of Whaling with schedule of whaling regulations, signed at 
        Washington December 2, 1946 (TIAS 1849), which established the 
        International Whaling Commission to provide for the proper conservation 
        of whale stocks; and
Whereas the International Whaling Commission on numerous occasions has called 
        into question the slaughter by member nations of small cetaceans, has 
        asked for the reduction of the number of animals killed, and has in 
        certain instances urged for the halt of the slaughter altogether, 
        including by passing resolutions condemning drive hunts of striped 
        dolphins in 1992 and 1993 and resolutions criticizing exploitation of 
        Dall's porpoises in 1990, 1999, and 2001: Now, therefore, be it
    Resolved, That it is the sense of the Senate that--
            (1) the United States strongly condemns the slaughter of 
        small cetaceans in drive fisheries and urges nations that 
        participate in small cetacean slaughter to end commercial 
        hunts;
            (2) at the 57th Annual Meeting of the International Whaling 
        Commission in Korea, the United States should--
                    (A) negotiate regional and international agreements 
                to decrease catch and bycatch of all cetaceans;
                    (B) advocate for clarification that the mandate of 
                the International Whaling Commission includes small 
                cetaceans;
                    (C) call on nations that participate in small 
                cetacean slaughter to stop their commercial hunts;
                    (D) seek the inclusion of an agenda item in the 
                Working Group on Whale Killing Methods and Associated 
                Welfare Issues on killing methods for small cetaceans 
                and implications for the welfare of small cetaceans;
                    (E) strongly urge all nations that engage in small 
                cetacean hunts--
                            (i) to provide detailed information to the 
                        International Whaling Commission on primary and 
                        secondary killing methods used for each species 
                        of small cetacean killed, the method used to 
                        measure insensibility or death, and times of 
                        death; and
                            (ii) to share with the International 
                        Whaling Commission data on the sustainability 
                        of small cetacean populations; and
                    (F) initiate and support efforts--
                            (i) to firmly support the role and 
                        authority of the newly created Conservation 
                        Committee; and
                            (ii) to ensure an ambitious conservation 
                        agenda for all future meetings of the 
                        Committee; and
            (3) the United States should make full use of all 
        appropriate diplomatic mechanisms, relevant international laws 
        and agreements, Federal laws, including the Fishermen's 
        Protective Act of 1967 (commonly known as the Pelly Amendment) 
        (22 U.S.C. 1971 et seq.), and other appropriate means to 
        implement these goals.
                                 <all>
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