World Council of Whalers - The United Voice of Whaling Peoples

Official newsletter of the WCW

#7 August 1999

Hui a Iwi: Maori Customary Rights to Whales

International Symposium on Indigenous Societies and Resource Management

Tonga Brings Home a Humpback Whale

The Tongan Briefing Book

A Report on the Visit to Tonga

Norway's Whaling Season Over: Whale Hunters and Watchers Hit by Bad Weather

Hui a Iwi: Maori Customary Rights to Whales

July 2-3, 1999, Orakei Marae, Auckland, Aotearoa/New Zealand

Introduction

On July 2-3 1999, The Treaty of Waitangi Fisheries Commission, with sponsorship from the Ministry of Maori Development, convened a 2nd Hui a Iwi (meeting of the tribes) to discuss Maori customary rights to whales.

The hui was attended by tribal representatives, marine mammal scientists, veterinarians, government officials from the Department of Conservation, New Zealand's IWC Commissioner, the Chairman of the World Council of Whalers, and representatives from the Canadian Circumpolar Institute and the Greenland Home Rule Government.

Purpose Of The Hui

The purpose of the hui was to:

Maori Customary Rights to Whales

Tribal speakers outlined the nature and extent of their customary rights to whales. Speakers told how whales were the guardians during long ocean voyages of discovery. How when whales stranded they were a gift from the gods, a bounty to be used. The customary uses included the consumption of meat, the recovery of oil for lights and the preservation of wood, bone and teeth for making ornaments and weapons. Whale strandings are a very common occurrence around the coastline of New Zealand and many places are known by Maori to be predisposed to this. This can be demonstrated when compared to the New Zealand whale stranding data base.

Speakers told how their customary rights were guaranteed and secured by the Treaty of Waitangi (1840), and how it was no longer acceptable for the Department of Conservation to dictate how stranded whales were to be managed without the consent of the hapu (sub-tribes) and iwi (tribes). To have whales pushed back into the sea by whale rescue groups, such as Project Jonah, without the consent of the tribe whose traditional territory the whales stranded was in breach of the Treaty right of 'full exclusive and undisturbed possession.' The tribes asserted their rights to manage the whaling strandings in their territories and decide how to utilise the whales and their resources.

The Consumption of Meat from Beached Whales

Government Policy outlawing the consumption of whale meat was rejected. Tribal representatives showed their disapproval when the Department of Conservation tried to force its non-consumptive polices on them. In fact the Department of Conservation provided no scientific reason why the meat from beached whales could not be consumed. The Department's message was "dead stranded whales is a high health risk."

Representatives were seeking expert advice on health and safety issues associated with the consumption of whale meat so that they can make and informed decisions if and when they will consume the meat from stranded whales, as is their customary practice. This information was provided by Dr Milton Freeman of the Canadian Circumpolar Institute, Martin Cawthorn, Marine Mammal advisor and Curtis Walker a veterinarian who wrote a report for the Maori Health Committee of the Health Research Council of New Zealand entitled Stranded Whales as a Source of Meat for Human Consumption: an outline of the resource and assessment of the health hazards.

International Trade in Whale Products

The bone and teeth from whales are highly valued by Maori. They are often carved and fashioned into ornaments and traditional weapons. These carved objects have been traded for hundreds of years between tribes, and since the arrival of Europeans traded in international markets. Maori carvings are highly sought after in the international art world and provide an income to Maori artists. It was of great concern to tribal representatives to be told by the Department of Conservation that they could not trade in these products as it was outlawed under CITES.

Representatives were told by the Department of Conservation that it would "not be possible for New Zealand to issue a permit to export anything carved from any whale bone from any great whale species and none of the 140 odd members of CITES would be likely to issue an import permit to allow it to be imported. So international trade in any Appendix 1 species is impossible under the current international law and New Zealand's obligations"

Tribal representatives did not support any international conventions which were in breach of their Treaty rights to trade in whale bone and teeth from stranded whales. The trade in carved bones and teeth from stranded whales was seen not to affect the conservation of any whale species.

International representatives leaving the hui saw whale bone and teeth for sale at the Oceanic Arts shop at the Auckland International Airport!

Maori Representation at the International Whaling Commission

Tribal representatives were unhappy that their views supporting the sustainable utilisation of whales were not advocated at the IWC by the New Zealand representatives. They stated that the Government did not consult with them when forming its view prior to going to the IWC. The New Zealand IWC representatives could not claim to represent hapu and iwi.

Several speakers indicated that if Indigenous Peoples chose to exercise their customary rights by sustainably hunting marine mammals that was their right to do so and hapu and iwi would support them as long as it was sustainable.

Tribal representatives were unhappy with the criteria used by the IWC to judge aboriginal subsistence use in particular the requirement of demonstrating a nutritional need. They were of the view that this was out-dated and locked Indigenous Peoples into a colonial past. The customary rights of Maori confirmed in the Fisheries Deed of Settlement recognised that the customary rights of Maori were both commercial and non-commercial. There was no requirement of demonstrate a nutritional need.

At the 1st Hui a Iwi on Maori Customary Rights to Whales held in 1997 at Kaikoura tribal representatives supported the sustainable hunt of whales by Inuit and the Makah, yet the New Zealand government declined to support the Makah at the IWC because they were of the view that the Makah had no nutritional need to utilise whales.

Tribal representatives wanted to see a Maori representative be appointed as the next New Zealand IWC commissioner. This person would have skills in aboriginal rights, law of the sea, sustainable use and the IWC.

A number of resolutions were passed. These are outlined below. Should your require further information about the hui please contact The Treaty of Waitangi Fisheries Commission, P.O. Box 3277 Wellington, New Zealand. Phone 64 4 499 5199, Fax 64 4 499 5190 or e-mail sean.kerins@tokm.co.nz

Maori Customary Rights to Whales

Hui A Iwi, Orakei Marae ­ 2/3 July, 1999

THAT This Hui-A-Iwi (meeting of the tribes) puts the Crown on notice that their policies, practices and legislation governing the management and sustainable use of marine mammals do not reflect the inherent rights of hapu and Iwi secured in the Treaty of Waitangi and provided for in Section 4 of the Conservation Act.

Moved: Ngati Porou / Seconded: Ngati Kahungunu
Carried

THAT Hapu (sub-tribes) and Iwi (tribes) will oppose crown entering into international agreements and covenants which diminish the rights of hapu and Iwi to exercise their rangatiratanga (authority to manage their own resources) in relation to marine mammals and their products.

Moved: Te Tau Ihu / Seconded: Whanganui
Carried

THAT This Hui-A-Iwi acknowledge the important of indigenous representation and participation at the International Whaling Commission and urge the government to appoint a suitably qualified Maori as the next New Zealand Commissioner to the IWC.

Moved: Ngati Whatua / Seconded: Ngati Porou
Carried

THAT This Hui-A-Iwi recognises the seriously endangered status of whale matauranga ( traditional knowledge) and signals the necessity to provide the educational and training experience to halt its continued decline.

Moved: Te Ati Awa Ki Whakarongotai /Seconded: Ngati Wai
Carried

International Symposium on Indigenous Societies and Resource Management

On July 7-10 at the University of Queensland Milton Freeman and WCW Chairman Tom Happynook, along with many other friends, presented at the International Symposium on Indigenous Societies and Resource Management. Milton's presentation was called, "They knew how much to take - Sustainability in the Canadian Arctic" and Tom's presentations were "Traditional Resource Management Knowledge" and "Native whaling in North America"

The symposia on Societies and Resource Management have been bringing together natural resource professionals, researchers, students, and representatives of community, indigenous, NGO, and other groups regularly since 1986. Since then, the Symposia has emerged as a unique international forum on the intersections of social sciences, natural resource management and environmental issues.

Dale Ruska, an Aborigine Dugong hunter, gave a presentation on management of land and sea resources. He discussed his peoples concepts of place, and customary law and traditional systems of management based on sustainability. He also discussed the challenges and constraints they face. He spoke with passion about the injustices his people have suffered. It was clear that he spoke from his heart and his own experiences.

Positive discussions were held with the Australian Aborigine Dugong hunters. They view the dugong oil as medicine for many ailments and for general good health. They were surprised to learn of the similarities for preparation and respect for the hunt between themselves and Nuu chah nulth people. The Dugong hunters are very interested in forming relationships with other marine mammal hunters around the world because of their feelings of isolation and lack of support for their customary rights in their own country.

It is the hope of the World Council of Whalers to provide them with support from all the other marine mammal hunters from around the world, and a sense that they are not alone in their struggles.

Tonga Brings Home a Humpback Whale

Saturday, July 10, 1999 provided the Tongan people with memories from 22 years ago as a local fisherman, with a member of the royal family on board his boat, came upon a Humpback whale that had been mortally wounded by a passing ship.

After radioing the Tongan Ministry of Fisheries to ask if it was legal to tow the now dead whale to shore, a rope around the tail secured the whale to the boat and it was promptly towed to Nuku 'alofa the capital city. The news quickly spread by word of mouth and a crowd of several hundred Tongans quickly assembled to share in the bounty of the gift.

"The Tongan people, (whalers until a pause was introduced in 1978), certainly have not lost their taste for whale" stated Hon. 'Akau'ola, a senior government official . "Like many others, I received a share of the whale - and it was delicious!"

Pesi Fornua, publisher of two local news magazines, spoke of cooking his share with coconut cream, and Sampson Cook, a former whaler, joyfully recalled earlier occasions when he was able to cook the meat, blubber and skin: "I only got a small piece this time, enough for just one meal. In the past, I would have enough for many meals - we ate every part of the whale and it was all delicious and very good for our bodies. Today people eat sipi [sheep bellies] and they get sick: bad hearts, diabetes, lots of health problems. It will be better when the Tongan government allows us to go whaling again. We are a small number of people, so even ten whales would be a big help. We would not go out to kill all the whales, especially not the females and their calves. Fishermen are always telling me they are seeing more and more whales every year."

The distribution of meat on this recent occasion was quite local. One of the men on the boat that brought the dead whale to the jetty where it was cut up, estimated that once those taking some meat from the carcass had shared their portion with family and friends, as many as ten thousand people might have enjoyed tasting whale again. "It was like a godsend" said Hon. 'Akau'ola, "so many people having a healthy meal of traditional food after so many years."

"This directly ties in with the Maori Whaling Hui (meeting) which took place in Auckland on July 2-3,1999, which we attended", stated Tom Mexsis Happynook, Chairman of the World Council of Whalers. "The Maori people are taking a strong stance to resume their customary rights to utilize beached or stranded whales that come ashore on their coastline. Many of the indigenous South Pacific peoples are beginning to insist that their traditional foods be made available as a viable means to combat the many illnesses and health problems found through out many of their communities", stated Tom Mexsis Happynook.

The excitement, jubilation and total utilization of the Humpback Whale on Saturday was a clear sign that the time has come for the indigenous whaling peoples from around the world to once again take control of their health and once again eat the foods that have sustained them for centuries.

The Tongan Briefing Book

Following discussions during the 1998 WCW-General Assembly with a senior representative of the Government of Tonga, Milton Freeman visited Tonga in July 1998 on his way home from a meeting of the Society for Conservation Biology held in Sydney, Australia. During the July visit to Nuku'alofa, the Tongan capital, a workshop was arranged by the Ministry of Fisheries to outline the state of world whaling and the current understanding of the health benefits of replacing fatty low-quality imported meats with locally-obtained marine products. The workshop was attended by representatives of most departments of the Tongan government and some NGO and business groups.

A supply of omega-3 seal oil capsules, donated to the Tongan Health Department by Canomega Industries, Toronto, was delivered to the Non-communicable Diseases department at Vaiola Hospital in the Tongan capital. During this visit to Tonga meetings were also held with several politicians and community leaders on an individual basis.

One result of these meetings was a request to WCW to prepare a "briefing book" to provide background information to government decision makers concerning the whaling issue in Tonga and internationally. The report is provided in a loose-leaf format that allows additional reports to be submitted as the initiative develops. Reports to be added to the briefing book in the near future include up to date information on the whale populations frequenting Tongan waters, an economic analysis of health care expenditures in Tonga related to diet-related disease, and a cultural history of Tongan whaling.

This sustainable development initiative has been supported with funding from the Canadian International Development Agency and the International Foundation for the Conservation of Natural Resources. The report consists of 18 pertinent papers written by knowledgeable authorities in 12 countries (see below). Included in the report are papers by the Tongan Secretary of Fisheries and the Tongan National Food and Nutrition Committee which place the other papers into an appropriate Tongan context. A concluding end paper, by Professor Marshall W. Murphree (Chairman, IUCN Sustainable Use Initiative) defines the overall undertaking as a model sustainable use initiative.

The reports in the Tongan briefing book are as follows:

1. Preface. Tom Mexsis Happynook (Canada)

2. The Tongan Indigenous Whaling Tradition. Hon. 'Akau'ola (Tonga)

3. Memorandum on Tongan Whaling under International Law. William T. Burke (U.S.A)

4. A Framework for Sustainable Whaling in Tonga. Dan Goodman (Japan)

5. Whaling in the North Atlantic and the Question of "Humane Killing". Egil Ole Øen (Norway)

6. Do Increasing Marine Mammal Populations Threaten National Fisheries? Doug S. Butterworth (South Africa)

7. Sustainable Use and Conservation. Grahame J.W. Webb (Australia)

8. Conservation, Sustainable Use and Values. Brendan J. Moyle (New Zealand)

9. How Compatible are Whaling and Whale Watching? Mats Ris (Sweden)

10. Sustainable Use and Indigenous Rights: A Maori Perspective. Archie Taiaroa (Aotearoa/New Zealand)

11. International Environmental Law: An Emerging Human Rights Perspective in the South Pacific. Donald R. Rothwell (Australia)

12. Whales, Environmental Quality, and Food Security. Milton M. R. Freeman (Canada)

13. Policy Paper Addressing the Health Risks of the High Consumption of Mutton Flaps in Tonga. National Food and Nutrition Committee (Tonga)

14. What is the Problem of Mutton Flaps. South Pacific Consumer Protection Programme (Fiji)

15. Eat Meat and Blubber from Marine Mammals and Avoid Cardio-vascular Disease. Gerth Mulvad and Henning Sloth Pedersen (Greenland)

16. Contaminants, Human Health and Marine Mammals as Food. Harriet N. Kuhnlein (Canada)

17. Import Substitution, Export, and Social Exchange: Managing the Socio-economic Impact of Whaling in Tonga. Mike Evans (Canada)

18. Considering the Impacts of Gender in Tongan Whaling: A Framework for Evaluation and Suggestions for Maximizing Benefits to Women. Heather Young Leslie (Canada)

19. End piece. A Twenty-First Century Experiment: The Resumption of Humpback Whaling in Tongan Waters. Marshall W. Murphree (Zimbabwe).

A Report on the Visit to Tonga

World Council of Whalers Chairman, Tom Happynook and Milton Freeman visited Tonga in July in connection with their invited participation in the International Symposium on Society and Resource Management held in Brisbane (see accompanying story) and the Whaling Hui [meeting of Maori tribes] in Auckland.

During the week in the Tongan capital, Nuku'alofa, meetings were held with various government officials and community representatives. Included, and expressing interest in the work of WCW and the resumption of indigenous whaling in Tonga, were the Secretary of Fisheries, the Director of Education, the Senior Health Planner in the Ministry of Health, the Staff Nutritionist at the Central Planning Department, the President of Atenisi University, a member of the Tongan Parliament, the editor of two Tongan magazines, and an influential local community representative who arranged some of the meetings. The WCW Chairman was interviewed by Radio Tonga, and following the broadcast a meeting was held with an interested listener wishing to support any political initiative being taken by parliamentarians. Discussions were also held with a former whaler now living in Nuku'alofa.

In several other conversations with local people -- on the street and in shops and restaurants -- enthusiastic support was expressed for a return to eating whale. People believe that whales now occur much more frequently in Tongan waters than was the case five to ten years ago, so the earlier cause for a local ban on whaling (imposed in 1978) should be reconsidered. People appear to be well-informed about the link between the current high consumption levels of fatty imported meats and the high levels of non-communicable diseases that seriously impact many Tongan families.

The recent landing of a mortally-injured humpback whale (see accompanying story) and the complete utilization of the carcass as food and by local bone-carving artisans, emphasizes the importance of whales to Tongan peoples' health and economic circumstances. In discussion with some visitors to Tonga (from Australia and the U.S) support was expressed for improving the health and economic circumstance of Tongans by resuming sustainable whaling.

Norway's Whaling Season Over: Whale Hunters and Watchers Hit by Bad Weather

High North Web News , August 3, 1999: The Norwegian minke whaling season has finished for 1999, with the harvest lower than anticipated due to inclement weather conditions. Compared with the 625 whales caught last year, only 589 whales were taken this year out of a quota of 753, says Harald Dahl of the Norwegian Fishermen's Sales Organisation to the High North Web News.

"It's been a bad season," says Jan Kristiansen, chairman of the Norwegian Whalers' Union, blaming the bad conditions, in particular winds, that prevailed on the whaling grounds. The month of May was especially difficult, with only 77 minke whales being taken, compared with 274 in the same month last year.

"When one has to deal with nature, that happens from time to time," says Kristiansen. "There should be no more that needs to be said about that, as most people will understand. But others will deliberately misinterpret and try to twist it all they can."

Hunt partially halted

At one stage during the whaling season, the hunt was partially halted. The major meat-processing plants had decided to close for the summer holidays around mid-July, causing the Fishermen's Sales Organisation, which is responsible for first-hand sales, to suspend the hunt on June 30, fearing they would be unable to sell their catch. When the hunt was delayed, so was the delivery of the meat at the plants. This in turn meant that the processing plants were delayed in processing the meat from big chunks to consumer-size steaks.

"We think it was an erroneous decision," says Jan Kristiansen. "In practice it was a question of only a few tonnes of meat. In addition the consumers demand more meat."

The whaling did not come to a complete halt, however, as those whalers with their own onshore processing facilities were allowed to continue. After the partial stop, about another 100 whales were taken.

According to Kristiansen, most of the remainder of the quota could have been filled after the holidays, but by that time the whale meat tends to be too fatty for the Norwegian palate. Minke whales are lean during their northward migration, but when they return from their feeding grounds in summer their meat contains more fat.

Whale watching down

Whalesafari Andenes, the largest whale-watching operator in Northern Norway, has also been hit by the weather this summer. "Bad weather and wind lead to a number of cancellations," says marketing director Erwvin Fulterer to the High North Web News. "This is part of this business."

Due to the weather, the number of people taking whale-watching tours was down by 1,500-1,600 from the same period last year, he says, although there is no shortage of tourists. So far this year, Whalesafari has observed large numbers of pilot whales, but sperm whales - the preferred species for whale-watchers in these waters - then tend to move further out to sea. Almost 15,000 tourists participated last year in trips organised by Whalesafari Andenes. Their season continues until mid September

Greenpeace protests in killing zones

For the first time since 1994, Greenpeace joined the fleet on the whaling grounds, routinely violating the 500-metre safety zone around the whaling vessels.

In June, a Greenpeace activist was seriously injured after a collision involving the coastguard, whose inflatables were trying to harry two Greenpeace rubber dinghies from the safety zone. In its report of the incident, the coastguard said that the Greenpeace dinghies were sailing "aggressively and at times dangerously", conducting "dangerous and provocative operations". At one point, the two dinghies attempted to ram one of the coastguard inflatables from both sides at the same time. However, the coastguard boat made an emergency stop, resulting in the two dinghies passing in front of her bow and colliding with each other. Greenpeace has accused the coastguard of manouvering recklessly and putting human lives at risk.

In another incident in July, the killing by rifle of a minke whale resulted in a protesting Greenpeace boat taking a bullet in the bow. The incident followed the harpooning of a whale which still showed signs of life. When the whaling vessel Kato was about to haul the whale in to dispatch it by rifle (as required by regulations), Greenpeace activists attempted to cut the line between the harpoon and the whaling vessel. "Greenpeace managed to prolong the animal's suffering," said Kato skipper Ole Mindor Myklebust.

Greenpeace alleges that the whaler aimed at its dinghy intentionally, endangering human life, and has pressed charges. "I fired at the whale. I did not put human life in danger," says Myklebust.

"There is a very good reason for having a safety zone," he continues. "This is a killing zone, not a playing zone. We are killing big animals, using heavy weaponry like explosive penthrite grenades and high-calibre rifles intended to kill minke whales weighing up to 10 tonnes as quickly as possible. Safety is paramount for us. But it is absolutely impossible to guard against every chance of something malfunctioning, a shot missing its target, or anything else. The safety zone is there to protect people against this. Anybody deliberately entering that zone puts their own life at risk. It's suicidal, it's like jumping on the tracks in front of a moving train. Harassment and provocation from Greenpeace protesters only increase the risk of an accident."

The Greenpeace activists were arrested and fined, and the dinghies were confiscated. The fines have not been accepted so Greenpeace will have to meet in court in September. The fines and confiscations amount to a total of about $US130,000.

Time for dialogue

After the incident, Myklebust invited Greenpeace's Swedish whale campaign leader, Mats Abrahamsson, to join the hunt in a bid to settle the longstanding conflict. "I think it is high time to start a constructive dialogue," he wrote in the invitation. Greenpeace declined to join the hunt, saying it did not have the time. However, campaign leader Abrahamsson, appreciating the constructive step taken by Myklebust, proposed a meeting after the season to discuss the whaling issue.

Also Greenpeace Germany appears to be making an effort to open dialogue with whalers as well as Norwegian citizens on the whaling issue. As part of this effort, it has sent its 503,000 members a letter and asked them to sign it, put it into an envelope, and post it to a Norwegian.

"The High North Alliance welcomes such attempts at dialogue," says Rune Frovik, secretary of the High North Alliance, "and has challenged Greenpeace to show that it is sincere. We have asked Greenpeace to post the High North Alliance response to the Greenpeace letter on its web site, as we have posted their letter on our site."

Sustainable hunt

Most of the Norwegian hunt is directed at the minke whale stock in the North-East Atlantic, estimated unanimously by the Scientific Committee of the International Whaling Commission (IWC) at 112,000. Some whales are also taken in Norwegian waters around Jan Mayen Island. These whales belong to the Central Atlantic stock, estimated by the Scientific Committee of the North Atlantic Marine Mammal Commission (NAMMCO) to number 72,000. Worldwide there are about 1 million minke whales.

This whaling season was the seventh since Norway resumed normal commercial whaling in 1993. The catch has increased steadily, from 226 in 1993 to 625 in 1998, before falling to this year's level of 589. From 1988 to 1992, there was only a limited hunt conducted for the purpose of scientific research. The quotas for the commercial hunt are calculated using the Revised Management Procedure developed by the IWC.

Government-appointed veterinary inspectors are aboard every vessel during the hunt, with responsibility for ensuring regulations are strictly followed. In addition, international observers have been monitoring the hunt at landing stations as part of the Joint NAMMCO Control Scheme for the Hunting of Marine Mammals.

Research is currently under way to see if "black boxes" can be developed to monitor the hunt automatically.

To facilitate the monitoring of trade in whale products, DNA samples are being taken from each whale caught. Samples from meat on the market can then be compared with the database of DNA profiles. This practice will become particularly important when Norway lifts its self-imposed export ban and resumes international trade in whale products.

The season started on May 3 and ended on August 1. Some 30 boats participated in the hunt. The catches varied between 10 and 51 minke whales per boat.