Source: Proposal from Norway to transfer Minke Whale Balaenoptera acutorostrata from Appendix I to Appendix II - Submission of Draft Proposal for Consultation with Range States and Intergovernmental Bodies having a Function in Relation to Minke Whale, The Norwegian Directorate for Nature Management, September 30, 1996.
Minke whale Balaenoptera acutorostrata was put on CITES Appendix II in 1979. Following Resolution Conf 2.9 on Trade in certain species and stocks of whales protected by the International Whaling Commission (IWC) from commercial whaling , minke whale was later transferred to Appendix I in 1983. Norway, and some other Parties, entered specific reservations to this listing of minke whale on Appendix I. At the ninth meeting of the Conference of the Parties, Norway presented a proposal to delist the Northeast Atlantic stock and the North Atlantic central stock of minke whale Balaenoptera acutorostrata from Appendix I to Appendix II of the Convention. Following a vote, this proposal was rejected by the ninth meeting of the Conference of the Parties. A: PROPOSAL In accordance with the provisions of Article XV (1) of the Convention, any Party may propose an amendment to Appendix I or II for consideration at the next meeting of the Conference of the Parties. The format for such amendments is contained in Annex 6 to Resolution Conf. 9.24. The text of the proposed amendment shall be communicated to the Secretariat at least 150 days before the meeting. However, Resolution Conf 8.21 makes the deadline for the submission of proposals dependent upon whether or not range states are consulted, with 150 days in case of consultation and 330 days in case of non-consultation. According to Resolution Conf 8.21, intergovernmental bodies having a function in relation to that species should also be consulted. Norway proposes, as notified in the letter of [<10 January 1997] to the Secretariat, delisting of the Northeast Atlantic stock and the North Atlantic central stock of minke whale Balaenoptera acutorostrata (International Convention for the Regulation of Whaling, 1946. Schedule. Cambridge September 1995) from Appendix I to Appendix II of the Convention. The proposal is presented in accordance with the precautionary measures specified in Annex 4 to Resolution Conf. 9.24. [A reference will here be included to Annex 3 to Resolution Conf. 9.24 on split listing as a special case, i.e. that such split listing should generally be on the basis of national or continental populations.] Norway has, cf. a letter to all range states of 30 September 1996, presented a draft proposal for consultation with range states for the Northeast Atlantic stock and the North Atlantic central stock of minke whale. The consultation was based on the recommendations laid down in Resolution Conf 8.21. The letter with the draft proposal was also sent for consultation to the International Whaling Commission (IWC), as an intergovernmental body having a function in relation to minke whale, cf. Resolution Conf 8.21. Opinions received from [range states and intergovernmental bodies having a function in relation to minke whale] are contained in section 6 of this proposal. B: PROPONENT Norway C: SUPPORTING STATEMENT 1 TAXONOMY
1.1 Class
Mammalia
1.2 Order
Cetacea
1.3 Family
Balaenopteridae
1.4 Species
Balaenoptera acutorostrata (Lacépède 1804)
1.5 Scientific synonyms
Balaena rostrata (Fabricius 1780)
Balaenoptera bonaerensis (Burmeister, 1867)
1.6 Common names
English: Minke Whale, Pied whale, Pikhead whale, Sharp-headed
finner whale, Bag whale, Sprat whale, Least rorqual,
Bay whale
Norwegian: Vågehval, minkehval, minke
Russian: Malyi, karlikovji
Japanese: Koiwashi kujira, minku kujira minku
French: Rorqual a museau pointu, rorqual a rostre
German Zwerghval
Swedish: Vinkhval, Vikarehval, vikhval
Danish: Sildeskiper
Icelandic: Hrefna, hrafnreyour
1.7 Code numbers
The code number for minke whale (Balaenoptera acutostrata) in the CITES
Identification Manual is Code A-111.007.001.001 [1987 (1)].
2. BIOLOGICAL PARAMETERS 2.1 Distribution The minke whale is distributed all across the world oceans to the ice edge. [Map to be included. Also to be included is an overview of continental populations.] The Norwegian proposal relates to the continental populations defined as the Northeast Atlantic stock and the North Atlantic central stock of minke whale, and most of the biological parameters provided below relate to these two stocks. Northeast Atlantic stock North Atlantic central stock The historical distribution of both stocks are assumed to be similar to the present distribution. Range states are Belgium, Denmark, Faroe Islands, France, Greenland, Germany, Iceland, Ireland, Netherlands, Portugal, Russian Federation, Spain, Sweden and United Kingdom. 2.2 Habitat availability As mentioned in 2.1 above, the minke whale is distributed all across the world oceans to the ice-edge, and habitat availability is therefore not regarded as a crucial issue for this species. Large alternations in the whale habitats have not occurred. However, as a result of im- proved fisheries management and favourable environmental conditions the availability of food for the whales in the Northeast Atlantic have improved markedly in the last 5- year period, cf. the 1993 report to the Government of Norway from the International Council for the Exploration of the seas (ICES). 2.3 Population status The world population of minke whale is safely estimated to be at least 1 million animals, but this estimate is acknowledged to be downwards biased, and the true number could possibly be much higher. The largest populations of minke whale are found in the Southern Hemisphere. There are also populations in the Western Atlantic, the North Pacific and the Indian Oceans. Considerable effort has been given in recent years to abundance estimation of the two stocks of North Atlantic of minke whale. Estimated abundance for the Northeast Atlantic stock are found in the Report of the Scientific Committee of its 48th Annual Meeting in 1996 under item 8.3 - North Atlantic minke whales, and references given there. The numbers for the North Atlantic Central stock are found in the Report of the Scientific Committee, Annex F. Report of the Sub-Committee on North Atlantic Minke Whales, Rep.int. Whal.Commn. 41:138. Northeast Atlantic stock The IWC Scientific Committee gives a number of reasons why the 1995 estimate is so much higher than the 1989 estimate. The main points are that the 1995 estimate for various reasons is considered more reliable than the 1989 estimate, but that the numbers also suggest an annual stock increase of at least 2 %. North Atlantic central stock The estimate adopted by the IWC Scientific Committee referring to 1989 is 28,000 animals, with a 95% confidence interval from 21,600 to 31,400. The population has experienced only a short period of utilisation. Its initial size is unknown, but scientists estimate its present size to be similar to the initial population. 2.4 Population trends On the basis of sighting surveys it is assumed that the Northeast Atlantic stock has increased over the recent 10 years. The 1983 level of the stock has been estimated to be 70% (95% confidence interval of 52%-94%) of the 1952 level (Rep.int.Whal.Commn. 44:323-332). The average annual catches over the period 1938- 1983 was approximately 2,000 animals. This catch level has since that been reduced to a few hundred animals annually. Recent surveys have given an estimate of 112,000 minke whales in this stock area. 2.5 Geographic trends Several sighting surveys conducted over the period 1988-1995 (Rep.int.Whal.Commn 39:395-455; 41: 433-437; 41: 559-572; Annual meeting 1996) and distribution of catches as revealed from compulsory catch reports from 1938 onwards indicate that density distributions in the Northeast Atlantic may shift locally between years, most probably due to shifts in the availability of prey items. Specific studies based on Barents Sea catch data over the period 1952-1983 indicate that local minke whale density shows a cyclic variation around an almost stationary level (Rep.int.Whal.Commn 44: 323-332). There is neither evidence nor reports indicating a decline in range area for minke whales in the North Atlantic. 2.6 Role of the species in its ecosystem Minke whales are top predators in the ecosystem. Although krill is an important food item, a wide range of fish species, of which capelin, herring and sandeel are the most frequently found, dominate the diet in the Northeast Atlantic. Predation from minke whales may significantly increase mortality in commercially exploited fish populations (pp 225-239 in: Blix et al. (editors) 1995. Whales, seals, fish and man; Elsevier, Amsterdam; Rep.int.Whal.Commn 46: 371). Adult minke whales are not known to have predators. 2.7 Threats There are at present no serious threats to minke whales in the North Atlantic. 3 UTILISATION AND TRADE 3.1 National utilisation. In the Northeast Atlantic, minke whales are at present exploited by Norway. Quotas are set by application of the Revised Management Procedure developed by the IWC Scientific Committee (Rep.int.Whal.Comm 44: 145-167). Whaling has always been an important means of livelihood for Norwegian coastal communities. Minke whales are caught by fishermen, who turn to whaling in summer when fishing activities are at their lowest ebb. Most whaling vessels are ordinary fishing boats, 40 - 80 feet long, specially fitted out for whaling. The vessels are generally owned and operated by families and carry a crew of 5 - 8 men, including the owner. 3.2 Legal international trade At present there is no international trade in minke whale products. Traditionally, Norway has exported small amounts of meat as well as most of the blubber to a limited number of countries. A small amount of meat was previously also imported to Norway from Iceland. In case of resumption of international trade in whale products, export from Norway would reflect traditional trade flows. 3.3 Illegal trade To combat attempts at illegal export, control has been increased, and Norway introduced government control through a licence scheme in 1993. Export of whale products from Norway without a licence is a criminal offence subject to proceedings under the Norwegian Penal Code. No export licences have been issued since the scheme came into effect. [A complete overview of Norwegian control measures will be provided in the final delisting proposal, including measures taken by customs- and fisheries authorities.] In 1993 an attempt of unlicensed export of whale meat from Norway to Japan was detected. Charges have been brought and the matter will be dealt with in Norwegian courts this autumn. Report of one seizure of 10 tons of whale meat allegedly smuggled from Norway to Japan in 1996 is under police investigation in Japan and Norway. Pursuant to Resolution Conf. 9.12, the Secretariat will be kept continuously updated with regard to any development in these cases as well as on any other developments regarding the illegal trade in whale products. 3.4 Actual or potential trade impacts
The survival of the Northeast Atlantic minke whale stock will not be threatened by trade if The catch quota set by Norway are indeed conservative and well within the scope recommended by the Scientific Committee of the IWC. Hunting of whales in Norway requires vessels with special equipment. It is unlikely that catch and subsequent landing from national waters or the open sea could be made unnoticed. Since 1993 officially appointed inspectors have been onboard every Norwegian whaling vessel, and the national coast guard is patrolling the catch areas. The Directorate of Fisheries is responsible for controlling the quality of export of marine products from Norway, and consequently also the legality of exporting the products in question. Export of minke whale products require an export licence. No export of minke whale products from Norway will be permitted unless there is sufficient control in a possible import country. 3.5 Captive breeding or artificial propagation for commercial purposes (outside country of origin) Although minke whales have been held in captivity in Japan for short periods, this is not thought to be feasible for commercial purposes. 4 CONSERVATION AND MANAGEMENT 4.1 Legal Status 4.1.1 National All whale species are protected under Norwegian law, but individual permits for catching whales may be issued by the government. Over the period 1988 to 1994 some whales were caught for scientific research purposes. In 1993 and 1994 there was also a small quota set for the traditional hunt. The total catch in 1995 was 217 minke whales, of which 42 animals belonged to the North Atlantic Central Stock and were caught within the North-eastern Atlantic stock area. In 1996 a total quota of 425 minke whales was set for commercial catches. Each of the 31 participating vessels were given a licence and the right to hunt a certain number of whales. The hunt was supervised by an officially appointed inspector, and the meat and blubber landed were controlled by the health authorities before human consumption. In 1994 there was an incident where one whaling vessel exceeded its individual quota by one minke whale. The total quota set for that year was, however, not overfished. The owner of the vessel was taken to court and ordered to pay a fee of NOK 10.000 (app CHF 2.500). Furthermore the owner is barred from whale hunting for 3 years (in effect 5 years as he was not allowed to participate in the whale hunting until the court had finished its proceedings). [The final proposal will contain a comprehensive overview of legal instruments in place for the management of whaling, including relevant laws on whaling and on fisheries, the regulation relating to the export of minke whale and on annual regulations on hunting quotas and on hunting requirements.] 4.1.2 International Presently, the International Whaling Commission (IWC) is the international body responsible for management of minke whale stocks. According to the International Convention for the Regulation of Whaling of 1946 the objective is to ensure increases in the numbers of whales which may be captured without endangering these natural resources . Moreover, the Convention lays down that the harvesting level shall be based on scientific findings , shall provide for the conservation, development and optimum utilization of the whale resources ... and ... shall take into consideration the interests of the consumers of whale products . In other words, the objective of the Convention is not to protect the whales for their own sake, but to regulate catches of whales for the benefit of mankind both now and in the future. The IWC is in the process of revising its management procedures. The Commission has at its 46th meeting May 1994 accepted the Revised Management Procedure as the main scientific component in the development of a Revised Management Scheme for commercial baleen whaling. The IWC adopted a moratorium on commercial whaling in 1982 (entered into effect 1986). This moratorium is not binding for Norway according to Article V of the Convention, as Norway lodged an objection in 1982, cf. International Convention for the Regulation of Whaling, 1946, Schedule, September 1995. 4.2 Species Management 4.2.1 Population monitoring A sighting survey of the total area in the Northeast Atlantic was conducted in 1995. The results of these sightings are contained in section 2.3 above. In 1996, 1/6 of the area was surveyed, and it is planned to continue surveying 1/6 of the area every year from now on, thus covering the whole area every six years. The sighting surveys are conducted according to the rules laid down by the Scientific Committee of the IWC. International scientists participate in the surveys. 4.2.2 Habitat conservation As a result of improved fisheries management combined with favourable environmental conditions, the major stocks of minke whale prey species in the Northeast Atlantic (the Norwegian and Barents Seas) are presently at high levels. It may in this regard also be mentioned that Norway places great emphasis on the conservation of the marine environment, inter alia through active involvement in international co-operation related to the North Sea, the Barents Region and the Arctic region. 4.2.3 Management measures The Revised Management Procedure is designed to minimise the probability of accidentally reducing the stock to below a certain protection level. The procedure has been widely tested by computer simulations to ascertain its proper function under a large variety of risk assumptions. In recent years Norway has set quotas for minke whales by using the Revised Management Procedure, which is based upon the precautionary principle. 4.3 Control Measures 4.3.1 International trade Trade regulations under the Agreement Establishing the World Trade Organisation and CITES are the relevant legal instruments regarding international trade with threatened species. 4.3.2 Domestic measures [As mentioned above, a complete overview of Norwegian control measures will be provided in the final delisting proposal, including measures taken by customs- and fisheries authorities.] Hunting The harvest is regulated through quotas set by using the Revised Management Proce- dure. The quotas are allocated to vessels. All vessels have inspectors on board throughout the catching season. The whalers and inspectors are trained before every season to make sure that the rules and regulations for the hunt are well understood. The whalers have to pass hunting tests. The inspectors are authorised to stop the hunt if the rules are not abided by. Trade/commerce Regarding trade measures, reference is made to the Norwegian export licensing scheme under paragraph 3.3. 5 INFORMATION ON SIMILAR SPECIES Hunting The minke whale cannot be confused with other species of whale. However, with the control and inspection system that exists at the Norwegian national level, it is highly unlikely that any other than the target species of whale will be harvested. At the inter- national level, the IWC is engaged in improving its systems for supervision and control. Trade/commerce It may be difficult to distinguish between whale meat from different species of baleen whales and between different stocks of minke whales. A promising method in this respect is the use of DNA analyses. If this method is to be applied it will require a data bank with samples of other species and stocks than whales from the Northeast Atlantic and North Atlantic Central stocks. Norway is aware of this problem and will work to reduce it. Furthermore, Norway will establish necessary control measures within the WTO and CITES. With the transfer of minke whale from Appendix I to Appendix II such efforts have to be strenghtened, ref paragraph 3.4. 6 OTHER COMMENTS [To include opinions received from range states and intergovernmental bodies having a function in relation to minke whale] 7 ADDITIONAL REMARKS Norway has below included a brief discussion of the proposal to transfer minke whale from Appendix I to Appendix II in relation (1) to the relevant provisions of the Convention and (2) to the criteria for amendment of appendices I and II, cf. Resolution Conf. 9.24. According to Article II of the Convention, the following fundamental principles are laid down with regard to species to be included in Appendices I and II. 1. Appendix I shall include all species threatened with extinction which are or may be affected by trade. Trade in specimens of these species must be subject to particularly strict regulation in order not to endanger further their survival and must only be authorised in exceptional circumstances. 2. Appendix II shall include: a) all species which although not necessarily now threatened with extinction may become so unless trade in specimens of such species is subject to strict regulation in order to avoid utilisation incompatible with their survival; and b) other species which must be subject to regulation in order that trade in specimens of certain species referred to in subparagraph a) of this paragraph may be brought under effective control. Regarding the criteria for determining what species are to be listed in which Appendices, these are contained in Resolution Conf. 9.24 on criteria for amendment of Appendices I and II. The biological criteria for Appendix I are listed in Annex 1 of this resolution. For further details reference is made to the text of the Resolution and its Annexes. Present knowledge shows that the two stocks of whales in question are indeed not threatened with extinction and for that reason not consistent with the fundamental principles of Article II of the Convention for inclusion in Appendix I. In our view the intention of Article II when negotiating the Convention was clearly that species not threatened with extinction (biological criteria) should not be included in Appendix I. However, species could be included in Appendix II depending on their trade status. This was clarified upon adoption of the Berne criteria. Resolution Conf. 9.24 now sets the criteria for Amendment of Appendices I and II. Although the Norwegian proposal concerns the transfer of only two populations of minke whale from Appendix I to Appendix II, it should be underlined that the information which supported the placing of the minke whale on Appendix I in 1983 has later been proven to be highly insufficient and incorrect. Where the lack of information was used to support the proposal in 1983, scientific information is now available for the Northeast and Central Atlantic populations of minke whale. Thorough scientific assessments of the Northeast Atlantic and North Atlantic central stocks of minke whale have proved them to be largely healthy and viable populations. Compared to criteria listed in Annex 1 of Resolution Conf. 9.24 these stocks of minke whales do certainly not qualify for Appendix I and should rather be placed on Appendix II. 8 REFERENCES
[The final proposal will contain a more detailed and extensive list of references related to minke whale generally and to this proposal more specifically.] Reports of the IWC Scientific Committee, especially from the period 1988-1993. Report IWC/44/4 page 14. |
Click here to return to the High North Alliance Home Page
Click here to return to the International Trade Contents Page
Click here to return to the Marine Mammal Hunts Contents Page