International Whaling Commission - 1986 Moratorium

1986 Moratorium

The 1970s saw the beginning of the global anti-whaling movement. In 1972 the United Nations Conference on the Human Environment at Stockholm adopted a proposal that recommended a ten-year moratorium on commercial whaling to allow whale stocks to recover. The reports of the Convention on International Trade in Endangered Species in 1977 and 1981 identified many species of whales as being in danger of extinction.

At the same time, a number of non-whaling and anti-whaling states began to join the IWC and eventually gained a majority over the whaling nations. Some countries who were previously major whaling forces, like the United States, became strong proponents of the anti-whaling cause. These nations called for the IWC to reform its policies and to incorporate newly discovered scientific data regarding whales in its proposed regulations.

On 23 July 1982, members of the IWC voted by the necessary three-quarters majority to implement a pause on commercial whaling. The relevant text reads:

Notwithstanding the other provisions of paragraph 10, catch limits for the killing for commercial purposes of whales from all stocks for the 1986 coastal and the 1985/86 pelagic seasons and thereafter shall be zero. This provision will be kept under review, based upon the best scientific advice, and by 1990 at the latest the Commission will undertake a comprehensive assessment of the effects of this decision on whale stocks and consider modification of this provision and the establishment of other catch limits.

The measure passed by 25 votes to seven, with five abstentions.

Japan, Norway, Peru, and the Soviet Union (later replaced by Russia) lodged formal objections, since the moratorium was not based on advice from the Scientific Committee. Japan and Peru later withdrew their objections (Japan's withdrawal was precipitated by the US threatening to reduce their fishing quota within US waters if the objection was not withdrawn). In 2002, Iceland was allowed to rejoin IWC with a reservation to the moratorium (Iceland withdrew from IWC in 1992), but this reservation is not recognised as a valid objection by many IWC members. In addition, Italy, Mexico, and New Zealand do not consider the ICRW to be in force between their countries and Iceland. None of these countries, however, has mounted any legal challenge to Iceland's membership of the IWC.

As the moratorium applies only to commercial whaling, whaling under the scientific-research and aboriginal-subsistence provisions of the ICRW is still allowed. However, environmental groups dispute the claim of research "as a disguise for commercial whaling, which is banned." Since 1994, Norway, has been whaling commercially and Iceland began hunting commercially in September 2006. Since 1986, Japan has been whaling under scientific research permits. The US and several other nations are whaling under aboriginal whaling auspices. Norway lodged a protest to the zero catch limits in 1992 and is not bound by them. Anti-whaling countries and lobbies accuse Japan's scientific whaling of being a front for commercial whaling. The Japanese government argues that the refusal of anti-whaling nations to accept simple head counts of whale population as a measure of recovery of whale species justifies its continuing studies on sex and age of population distributions, and further points out that IWC regulations specifically require that whale meat obtained by scientific whaling not go to waste. Japan, on the other hand, has raised objections to U.S. aboriginal subsistence whaling, generally seen to be in retaliation to anti-whaling nation's (including the US's) objections to aboriginal subsistence whaling for several Japanese fishing communities, which traditionally hunted whales until the imposition of the moratorium.

In May 1994, the IWC also voted to create the 11,800,000-square-mile (31,000,000 km2) Southern Ocean Whale Sanctuary. The vote to adopt the sanctuary resolution was twenty-three in favour, one opposed (Japan) and six abstaining.

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