Official newsletter of the WCW
#8 October 1999
WCW Attends Panel on Indigenous Whaling
WCW Attends Panel on Indigenous Whaling
September 8, 1999, University of Victoria
"If we are not mindful, careful and understanding of the hunter/gatherer peoples from the four corners of the globe, we will be contributing to the extinction of cultures, societies, and peoples. I do not think any of us want that on our resumés." WCW Chairman Tom Mexsis Happynook, address to "Indigenous Whaling in the Pacific Northwest" panel discussion.
WCW Chairman Tom Mexsis Happynook was a featured speaker at a recent panel discussion on indigenous whaling held at the University of Victoria. Chief Happynook and Art Thompson, a renowned artist/historian of the Ditidaht nation, were the sole indigenous voices on a panel which included the president of the Victoria-based West Coast Anti-Whaling Society, a representative of Peninsula Citizens for the Protection of Whales, and a founding member of Greenpeace.
To a large audience composed mainly of students and anti-whaling activists, Chief Happynook was formally introduced as a Huu-ay-aht Whaling Chief , and Chairman of the World Council of Whalers. He explained the WCW's mandate to educate the general public about whaling, and dispel the myths which the powerful protest industry has circulated for so long.
Speaking of the central importance of whaling to the cultures, communities and economies of the world's whaling peoples, Chief Happynook expressed a growing concern that whaling peoples were being paid "tremendous lip service" in resource issues, but were not being involved in an appropriate manner on the level of policy and management.
To an increasingly attentive audience, he described a world very different from the one portrayed by representatives of the protest industry, one in which people have "an important place in nature, to help maintain the balance. The respectful, responsible, sustainable use of the resources is the most important tool we have for accomplishing this."
Chief Happynook made it clear, however, that in the end the question of whaling should not be confused with a mere matter of politics, or simple cultural difference. By advocating ad hoc protection based on emotional/political considerations over conservation science and Traditional Ecological Knowledge, the people who oppose whaling (in particular the powerful protest industry) are denying whaling peoples something more essential than adequate representation in international forums, and the chance to be heard. According to Chief Happynook, they are "denying us the most basic ingredients of life, our food, health and cultural way of living."
"How do the anti-whaling people and the protest industry expect us to be contributing members to our families, communities or society as a whole if we are not healthy?" he continued. "Our health depends on eating traditional foods and exercising our aboriginal rights, which really means living our way of life and not an imposed way of life."
Panelist Michael McGonigle (Eco-Research Chair, Environmental Law and Policy at University of Victoria, and a founding member of Greenpeace) spoke next.
"Whales", he declared, "are not a resource. At one point in our history they were, but as humans haven't we evolved beyond a need to kill whales?"
He explained to the audience that while the harvesting of salmon, herring and halibut stocks are "acceptable" as traditional activities in his eyes, whaling is not, by virtue of the "special nature" of whales.
This point was echoed by later anti-whaling panelists, and was not lost on the audience. At one point in the proceedings, a member of the audience took issue with it: stepping up to the microphone, she accused the anti-whaling panelists of "hypocrisy" in their belief that the hunting of some animals was acceptable while the hunting of whales was not. She contrasted this with her belief that the killing of any animal is wrong, whatever the reason.
Internationally renowned Nuu-chah-nulth artist and historian Art Thompson took the opportunity to speak of Canada's "invisible history"; the millennia of First Nations tenure and experience so often ignored by the non-native world.
For generations, he explained, a "conspiracy of silence" around the issue kept it hidden from view; all the while governments and institutions endeavoured to undermine, and ultimately extinguish, its presence. Yet even in the face of attempts to destroy it, First Nations people nurtured their history and kept it alive.
As a case in point, he described the central importance of whaling to the life ways of the Ditidaht and Nuu-chah-nulth people of Vancouver Island's West Coast. For generations, he said, the rich histories and sacred traditions of the Nuu-chah-nulth people have been assailed by policies, institutions, and organizations designed to destroy them. Mr. Thompson affirmed, through his presence and his words, that even through these decades of sorrow, the Nuu-chah-nulth people never forgot their treasured whaling heritage; even as outside influences sought to destroy the very fabric of their lives, the Nuu-chah-nulth were diligent in preserving the whaling heritage for future generations.
When the Makah nation successfully re-established the grey whale hunt, he explained, they did not merely "go whaling", they did something far greater; they "validated the culture", the rich histories and sacred traditions, of Nuu-chah-nulth people everywhere. In essence, they made visible the history kept invisible for so long. In doing so, they reaffirmed that Nuu-chah-nulth life ways and culture are alive and well; despite attempts to destroy them, they remain as valid and necessary today as they were 3,000 years ago.
Following Mr. Thompson's heartfelt presentation, panelist Anna Hall (President of the West Coast Anti-Whaling Society and spokesperson for the region's whale-watching industry) took the opportunity to speak.
Ms. Hall has been a vocal opponent of the Makah hunt, and is opposed to whaling in general. In a short presentation about whales she conveyed the emotional difficulty urban people have with the concept of whaling.
The Makah, she claimed, "killed a baby", citing as evidence the fact that the whale killed was three years old, as compared to the grey whale's maximum life span of 60 years. As a working member of Victoria's booming whale-watching industry, Ms. Hall spoke of her repeated encounters with the migrating grey whales up close; several times a day whale-watching companies ferry speedboats full of tourists to and from the passing pods. Based on this experience, her conclusion to the panel was that the Makah and Nuu-chah-nulth should "let them (the whales) pass in peace". Ms. Hall did not clarify whether this applied to whale-watching operators as well.
Chairman Happynook was given the privilege of closing the discussion. In his concluding remarks, he spoke at length about the proud history and tradition of Nuu-chah-nulth whaling, and described a number of common myths surrounding whaling.
"You will never see the unregulated industrial harvesting of the past ... (but realize) whaling has never stopped," he said. "There are over 80 species of whales found in the world, and many of them have been continuously hunted for food. For the peoples who have retained hunting as a primary method of obtaining food, little time has elapsed to adapt genetically or physiologically to the new sources of food."
He directly addressed the topic of Norwegian and Japanese whaling, and described to the audience the true nature of each country's small-scale whale fishery. In closing, he cautioned the other panelists and audience members against placing inordinate emphasis on whales, and not enough on the place of people in their environments.
He concluded with a direct appeal to all present: be "mindful of the hunter/gatherer peoples from the four corners of the globe because we have a lot to offer in terms of understanding the relationship between the natural resources, the environment, and humans. If we are not mindful, careful and understanding, we will be contributing to the extinction of cultures, societies, and peoples, and I do not think that any of us want that on our resumés."
The World Council of Whalers is very sad to report that the Chairman of the Ainu Traditional Whaling Association, Mr. Mineo Hatakayama, passed away on September 23.
Mr. Hatakayama was released from hospital to attend our General Assembly in Iceland and very bravely gave his presentation. The Ainu group had hoped that Mr. Hatakayama would survive to see their first hunt.
He will be missed by all that knew him, and our condolences go out to his family.
Eco Warrior or Eco Terrorist? Crossing the Line (Part One)
By Kii yaa tuk
Anyone who has done any research or tracking of the conflict at Neah Bay, Washington has no doubt become confused over the endless flow of accusations and position statements of many of the groups involved. I, for one, was searching through the mass of information presented and was attempting to make sense of the Sea Shepherd's (SS) allegations of the hunt being "illegal" and pondering how such an illegal hunt could openly be conducted. This confused me. Does it you too?
As I continued this quest of "truth" into this matter I found a SS web page in which Captain Paul Watson openly stated:
"The Sea Shepherd Conservation Society has made our position clear: We will withdraw from this issue if the Makah Tribal Council can produce a letter or a document from the International Whaling Commission that demonstrates IWC recognition of the Makah hunt as a legitimate aboriginal subsistence hunt. ... There is only one thing that can remove our opposition, and that is a document or a letter from the IWC that grants recognition of this hunt by the IWC as a legitimate aboriginal hunt meeting the definitions for subsistence established by the IWC. Such a document has not yet been produced."
To me, this clearly opened and simplified this conflict between Paul Watson and associative organizations against the Makah Tribe. Simple enough to simply ask the IWC and find out whether or not the IWC would respond to this question of whether or not the hunt was or was not in fact legal or illegal pursuant to the IWC. I e-mailed the International Whaling Commission and received the following reply:
"I think the easiest way to try and answer your questions is to give you the following information.
The Makah gray whale hunt has been a contentious issue in the International Whaling Commission (IWC), a body made up of 40 Governments and which is recognized as the organization with the responsibility for conserving whales and regulating whaling throughout the world.
At the moment there is a ban on commercial whaling (although Norway has objected to this and Japan is whaling for research purposes, and so both nations continue to take limited catches under legal provisions of the International Convention for the Regulation of Whaling).
Whaling for aboriginal subsistence purposes is recognized as an exception to this ban, and catches by native peoples in various areas are permitted and regulated by the IWC.
The gray whale stock in the eastern North Pacific is estimated to number around 21,000 individuals, and this population has been increasing at a rate of 3.2% per year during the period 1967/68 to 1987/88 during which time there was an annual catch of 174 whales taken by the Chukchi people of the Russian Federation in Siberia.
The Governments of the USA and the Russian Federation together proposed a catch limit not exceeding 140 whales in each of the five years 1998 - 2002, with a total not to exceed 540 in that period. Under the Convention, the IWC can only set catch limits for stocks of whales, and not for individual whaling operations. At our Annual Meeting in 1997, after extensive discussion, the IWC granted the catch of gray whales requested 'when the meat and products are to be used exclusively for local consumption by the aborigines whose traditional aboriginal subsistence and cultural needs have been recognized.'
The allocation of any catch from the stock has to be negotiated between the governments who may wish to recognize such aboriginal subsistence needs, and is outside the direct jurisdiction of the IWC.
I attach the official record of the discussions which took place in our meeting in 1997 so that you can see the arguments voiced."
Realizing that this did not directly answer the question of "legality" of the whale hunt by the Makah, I again e-mailed Ray Gamble of the IWC seeking further clarification. I received the following response:
"I do not think that you can find anywhere a formal statement from the IWC that the Makah whale hunt is legal. However, the IWC this year received a report on the 1999 kill, and took no action to vary the catch limits for the stock of eastern North Pacific gray whales. There is thus a de facto acceptance of this hunt as falling within the IWC's requirements for aboriginal subsistence whaling, but with a degree of hesitation by some of our members, as reflected in the discussions which took place in setting the original catch limits. It was precisely for that reason that the determination of the aboriginal subsistence character of the hunt was left deliberately vague, with the onus ultimately falling on the government of the USA."
I am not an attorney and am not asserting that I am in any manner in the practice of law, but I do know from working as a paralegal for ten years that often regulations are "deliberately vague" because that is the only way to leave the exercise of discretion room to operate on case-by-case circumstances. There are some subjects that contain so many dynamics that it would be impossible to define and/or anticipate each and every circumstance. The use of terms such as "deliberately vague" is common and the use of this term does not in any manner imply anyone in such situations as being evasive or illegal. Although it makes for good press statements, this does not mean anything shady is going on and such a characterization is not founded in regulatory construction of legal principles.
At this juncture I attempted to contact Captain Watson to personally deliver the document from the IWC that he said he needed to be produced to him to withdraw SS opposition to the clearly legal whale hunt by the Makah. It is clear from the IWC's responses that the IWC has not declared this an "illegal whale hunt" as Captain Watson continuously states. This document clearly shows that the ultimate determination of aboriginal cultural requirements is left up to the sole discretion of the Contracting Government, in this case of the Makah, the United States. This US recognition has been granted so therefore all requirements for the legality of the hunt, under IWC regulations, have been met. The Makah Nation is not engaged in an illegal whale hunt under the IWC or the US rulings and applicable laws.
After several attempted e-mail communications with the Sea Shepherd Organization in an attempt to obtain a peaceful resolution to this conflict, I was able to speak to one of their representatives. In this telephone conversation I was made aware that the SS has no intention of honoring any document from the IWC due to the fact that the SS agenda is not to stop "illegal whaling" as it claims, but to stop all aboriginal whaling in the world. Thus the judgment of what the IWC rules as legal or illegal is not what is at issue here as Paul Watson states.
Although saddened by the position of the Sea Shepherd, this response from the SS organization was not totally unexpected. I had noticed that their web site did post the 1997 IWC ruling, which at that time did not approve the Makah whale hunt, but for some reason their web site had omitted the 1998 and 1999 IWC rulings. I had wondered why this omission occurred. With the documents I received from the IWC immediately the reason could be seen. I then found where Paul Watson had written: "The only serious consideration Sea Shepherd has for the IWC is in the regulations that the IWC formulates to protect the whales." The two position statements by Paul Watson are obviously contradictory. On one hand Paul Watson states he will withdraw from his harassment and interference into the Makah Nation if the IWC has approved the hunt, then on the other hand he states he gives no serious consideration of any regulation that does not "protect the whales". With such contradictions in his positions, could anyone rationally expect he is interested in any course other than creating a conflict?
Even when Paul Watson himself states the conditions under which he will withdraw from the barrage and harassment against the Makah Tribe and their perfectly legal whaling activity, he refuses to honor his own position and public statements as well as totally ignoring the approval of the IWC and the US Government. How can any issue be resolved when such an attitude of exists? Could he truly not be interested in human relations? Could the SS truly be interested in perpetuating the death threats and racist assaults against the Makah People spurred on and fed by the SS? Could it be financial reasons I pondered. Could the Sea Shepherd Organization exist if there were no self-generated imagined legal controversy?
To keep myself from reaching such a tragic conclusion, I began to seek what actual conservation projects the organization was involved in and whether or not their organization had any ongoing projects aside from what I then thought was a "protest organization." I also had to ask myself what the SS's past activities included and if there were any alliances with eco-terrorist groups and activities.
I did not want to hastily draw the conclusion that Paul Watson has declared the SS a vigilante group who themselves determine what is legal and illegal and then sentences a group of people to whatever penalty his group decides is appropriate. In the case of the Makah Nation, an ongoing assault by Paul Watson and his SS in attacking a Native American Nation and community exercising perfectly legal rights. I was hoping that an ugly saga of American history was not replaying itself.
This concludes Part One of a series of articles which will explore the use of terrorism by Paul Watson and the SS; the use of racism against the Makah People; the threats and intimidation of violence against the Makah People who are engaged in perfectly legal activities; the use of non-profit status by terrorist organizations to raise money for criminal activities; and the consequences of public support and tolerance of such organizations upon all of our children as we attempt to build a future that is safe and peaceful for all people of all nations and all ancestral homelands. Part Two will reveal a shocking past history of Paul Watson and the SS in international terrorism and ask the question of whether they are presently engaged in domestic terrorist activities against the Makah Nation.
Ninth Meeting of NAMMCOAkureyri, Oct. 5-8, 1999
The North Atlantic Marine Mammal Commission (NAMMCO) held its Annual Meeting in Akureyri, Iceland from October 5-8. The meeting was attended by delegations from the member countries, Norway, Iceland, Greenland and the Faeroe Islands, as well as observers from the governments of Canada, Denmark, Japan, the Russian Federation and Saint Lucia. A number of inter-governmental and non-governmental organizations also attended the meeting.
White-Sided and White-Beaked Dolphins
The Scientific Committee was tasked in 1998 with assessing the status of white-sided and white-beaked dolphins throughout the North Atlantic, particularly pertaining to their ecological interactions. However, there is very little information available on these species. These species are also harvested for food in the Faeroe Islands. The Scientific Committee was requested to coordinate the efforts of member countries to conduct research to fill the noted information gaps, taking advantage in particular of the sampling opportunities provided by the Faeroese catch, as well as dedicated sampling programs in other areas.
North Atlantic Beluga and Narwhal
The Scientific Committee provided detailed recommendations for research on beluga and narwhal stocks throughout the North Atlantic. The stock structure of these species appears to be much more complex than previously thought, and more research is needed to elucidate stock boundaries. In addition, more information is needed on abundance, distribution and migration. The Council urged member and non-member countries to continue or initiate research to answer these questions.
The Management Committee noted that, with the present levels of harvest, the aggregations of beluga in the Maniitsoq-Disko areas of West Greenland are likely declining due to over-exploitation. It also noted that, since the beluga occurrence in the Avanersuaq-Upernavik area is likely a component of those beluga wintering in the Maniitsoq-Disko area, it also is likely declining due to over-exploitation. The Management Committee noted the conclusion by the Scientific Committee that, with the observed decline, a reduction in harvesting in both areas seems necessary to halt or reverse the trend. The Council expressed its concern about this matter.
The Management Committee noted that the present level of exploitation of narwhal in the Avanersuaq and the Disko Bay areas is probably sustainable. It also noted that the substantial catches of narwhal in the Uummannaq area do cause concern for this aggregation. The Council expressed its concern about this matter. Future management decisions regarding beluga and narwhal would require more reliable catch statistics and better information on stock delineation.
North Atlantic Fin Whales
In 1999, the Scientific Committee completed an assessment of the stock structure of fin whales in North Atlantic, noting that more information is needed before firm conclusions can be drawn. NAMMCO therefore recommended that member and non-member countries initiate the research required to elucidate the stock structure of fin whales. In addition, NAMMCO recommended that the Scientific Committee continue its assessment of fin whale stocks in the North Atlantic, focusing in the near term on the status of fin whales in Faeroese waters.
For fin whales in the area around Iceland and East Greenland, the Management Committee accepted that removals of 200 animals per year are sustainable even under the least optimistic scenarios. However, catches at this level should be spread throughout the area, roughly in proportion to the abundance of fin whales observed in the North Atlantic Sightings Surveys.
North Atlantic Sightings Surveys
North Atlantic Sightings Surveys have been carried out cooperatively by NAMMCO member countries in previous years. The NAMMCO Council tasked the Scientific Committee with coordinating future sightings surveys in the North Atlantic, with priority given to surveys of minke and fin whales.
Harp and Hooded Seals
The Management Committee accepted that the catch levels of harp seals in the White Sea/Barents Sea, and the Greenland Sea, and hooded seals in the Greenland Sea, were well below the calculated replacement yield, and that future catches at the same levels may result in population increases. It was therefore advised that, from a resource management point of view, future quota levels should approach the replacement yields.
User Knowledge
Last year, the Scientific Committee was tasked with incorporating the knowledge of users into the advice it conveys to Council. NAMMCO accepted a proposal to use stock status reports, produced initially by the Scientific Committee, as a basis for dialogue between users and scientists. The stock status reports will be modified through face-to-face meetings between scientists and users, to incorporate their knowledge of the ecology, distribution and abundance of marine mammals in the deliberations of NAMMCO. The stock status report on minke whales in the North Atlantic, recently completed by the Scientific Committee, will be used as a pilot project for this process.
International Observation of Whaling and Sealing
The NAMMCO International Observation Scheme, under the Joint NAMMCO Control Scheme for the Hunting of Marine Mammals adopted by the Council in 1996, was implemented for the second time in 1999. Observation activities this year involved land-based observation of sealing and whaling in Norway and Greenland, and of pilot whaling in the Faeroes, carried out by international observers appointed by NAMMCO.
Hunting Methods
NAMMCO held a workshop on hunting methods in Nuuk in February this year. The workshop provided an excellent opportunity for exchanging information between hunters, veterinarians and other experts about existing marine mammal hunting methods, technical developments of equipment, and ways to enhance the efficiency and safety of hunting methods. The workshop provided a set of recommendations for improvements to hunting methods and the equipment used, all of which were endorsed by NAMMCO Council.
Marine Mammal By-Catch
The Management Committee accepted a definition of marine mammal by-catch proposed by its Working Group on By-Catch: "Recognizing that by-catch of marine mammals may be a valuable contribution to the total catch, an appropriate definition of marine mammal by-catch is: marine mammals taken incidentally in fisheries targeting other species." Further work will be carried out to develop procedures for the collection of by-catch data, and to develop a policy for the use of by-catch data.
International Symposium on Harbour Porpoises
The NAMMCO International Symposium on Harbour Porpoises in the North Atlantic, held in September 1999 in Norway, was attended by scientists from member and non-member countries. The report from this Symposium will be used by the Scientific Committee in its assessment of the status of this species.
Scientific Publications
The Council welcomed the publication of the first volume of the NAMMCO Scientific Publication series, Ringed Seals in the North Atlantic, and looked forward to future volumes in this series based on the work of the Scientific Committee.
Marine Mammal Products
The Council recommended that the Secretariat develop a discussion paper addressing issues related to the utilization, trade and marketing of marine mammal products among NAMMCO member countries.
Cooperation on Marine Mammals in the Northwest Pacific and Eastern Caribbean
Representatives from the governments of Japan and Saint Lucia informed NAMMCO of efforts presently being made to formalize regional cooperation on marine mammal conservation and management in the Northwest Pacific and the Eastern Caribbean. The Chairman of the Council of NAMMCO, Arnór Halldórsson, expressed the hope that these new regional initiatives could benefit from the experiences already gained by the work of NAMMCO.
Election of Officers
Amalie Jessen of Greenland was elected as Chair of the NAMMCO Council for the next two years, and Kaj P. Mortensen from the Faeroe Islands was elected as Vice-Chair. Council members expressed their thanks to outgoing Chair Arnór Halldórsson, who expressed his best wishes for the future work of NAMMCO.
NAMMCO was established by an agreement signed in 1992 by Norway, Iceland, Greenland and the Faeroe Islands. The objective of the Commission is to contribute through regional consultation and cooperation to the conservation management and study of marine mammals in the North Atlantic.