S.Con.Res. 33Senate109th Congress (2005-2007)In Committee

A resolution expressing the sense of the Congress regarding the policy of the United States at the 57th Annual Meeting of the International Whaling Commission.

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Referred to the Committee on Foreign Relations. (text of measure as introduced: CR S5231)

Foreign Relations Committee

May 16, 2005

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Introduced in Senate

May 16, 2005

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Sponsor introductory remarks on measure. (CR S5232)

May 16, 2005

SenateIntro Referral

Referred to the Committee on Foreign Relations. (text of measure as introduced: CR S5231)

Foreign Relations Committee

May 16, 2005

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What members said about S.Con.Res. 33 on the floor

1 Republican1 Democrat

Sen. Olympia J. SnoweR-ME · May 16, 2005

Mr. President, I rise today to submit a resolution that is both timely and vital to the future of the world's large whale populations. In little more than a month, representatives from around the…

Mr. President, I rise today to submit a resolution that is both timely and vital to the future of the world's large whale populations. In little more than a month, representatives from around the world will gather in South Korea for the 57th annual meeting of the International Whaling Commission. These representatives will consider proposals to weaken or lift the moratorium on commercial whaling and expand whaling operations around the globe. It is more critical than ever that the United States remains firmly opposed to any proposals to resume commercial whaling and maintain its leadership role in shaping global whale conservation policies through the Commission.

The Commission's early attempts to regulate commercial whaling did not stop the precipitous decline of whale populations around the world. This management failure exposed a dramatic lack of knowledge and understanding of whales and their environment. In response to dwindling whale populations, the Commission declared a global moratorium on commercial whaling in 1982. The United States was a leader in the efforts to establish this moratorium, and in the intervening decades we have continued our outspoken opposition to commercial whaling.

My colleagues and I are submitting this resolution to give needed support to the U.S. negotiators as they strive to preserve vital whale conservation measures through the International Whaling Commission. Pro-whaling countries have made clear, through numerous media outlets, that they plan to work to lift the moratorium at this year's meeting, a move that threatens to undo years of international efforts to recover whale populations. As a Nation we must stand firmly against lifting of the moratorium and the resumption of commercial whaling. But we cannot stop there. As we continue our international efforts for effective, global whale conservation we must work to close loopholes in, and end abuses of, Commission regulations. This resolution calls for the closing of a scientific whaling loophole that some countries are exploiting to allow whaling, not just in the open ocean, but in designated whale sanctuaries. Lethal scientific whaling is an outdated concept that serves no useful purpose; even the Commission's own Scientific Committee has called for the cessation of this practice. In addition to the scientific whaling provision, some countries choose to take reservations to the moratorium under which they continue to expand commercial whaling activities year after year. These unilateral actions weaken the Commission and undermine international whale conservation efforts; therefore, they must be brought to an end.

We must consider the future as we strive to ensure the sustainability of the world's whale populations. At this year's meeting, the Commission may address the critical issue of a Revised Management Scheme, or RMS, to govern whale conservation in future years. As we consider possible management systems, it is imperative that we build any RMS on a solid foundation of scientific knowledge and sustainability. If our Nation is to support any RMS, we must ensure that it addresses the need for additional research and ensure that all whaling outside the scheme ceases immediately. Any RMS that we are party to must also include provisions that we find in other international fisheries agreements, such as transparency in decision making, objective observers, and effective compliance mechanisms.

I thank my colleagues who have already signed on as co-sponsors of this resolution for their continuing commitment to marine conservation: Senators Cantwell, Levin, Kennedy, McCain, Lieberman, Kerry, Collins, Biden, Jeffords, Dodd, Lautenberg, Reed, Wyden, Boxer, Feinstein, Pryor, and Akaka. Their dedication to responsible protection and management of our whale populations helps ensure the healthy functioning of marine ecosystems for generations to come.

Whales constitute a vital component of the world's marine ecosystems. Whales are some of the largest and most intelligent mammals on Earth, and conserving them requires us to uphold strong international agreements and an unwavering commitment to science-based management. Supporting whale conservation is more critical now than ever, and I urge my colleagues to support swift passage of this resolution.

Sen. Maria CantwellD-WA · May 16, 2005

Mr. President, as ranking member of the Subcommittee on Fisheries and Coast Guard of the Committee on Commerce, Science and Transportation, I am pleased to join the chair of the Subcommittee, Senator Snowe, in submitting a resolution regarding the policy of the United States at the upcoming 57th Annual Meeting of the International Whaling Commission (IWC). I wish to also thank my colleagues Mr. McCain, Mr. Kennedy, Mr. Akaka, Mr. Reed, Ms. Collins, Mr. Dodd, Mr. Levin, Mr. Biden, Ms. Boxer, Mr. Lautenberg, Ms. Feinstein, Mr. Pryor, Mr. Kerry, Mr. Jeffords, Mr. Wyden, and Mr. Lieberman for co-sponsoring as well.

Recognizing that whales are highly migratory and therefore require international cooperation for their preservation, the IWC was formed in 1946 under the International Convention for the Regulation of Whaling. In 1982, due to the severe impacts of whaling on the populations of large whale species, the IWC adopted an indefinite moratorium on all commercial whaling.

Despite the IWC moratorium on commercial whaling, significant whaling has continued. In particular, Japan and Iceland have been using a provision in the Convention--which allows countries to issue themselves permits for ``scientific whaling''--to kill whales in the name of science, and later sell the meat commercially. More than 8700 whales have been killed in lethal scientific whaling programs since the adoption of the commercial whaling moratorium, and press reports indicate that a new plan may be offered that would expand such whaling to fin and humpback whales. The IWC Scientific Committee has repeatedly stated that such lethal takes are not necessary for scientific research.

In this resolution we call on the U.S. delegation to remain firmly opposed to commercial whaling. We urge the U.S. to initiate or support efforts to oppose the unnecessary lethal taking of whales for scientific purposes and to seek to end the sale of meat and blubber from whales killed for scientific research in order to remove this perverse incentive.

This resolution comes at a time when discussions are underway in the IWC to establish a framework, or ``revised management scheme'' for any future commercial whaling, should it ever occur. The resolution calls for the U.S. delegation to the IWC to insist that any RMS negotiations remain separate from discussions on whether to lift the moratorium on commercial whaling, and that any such RMS include provisions on accountability, transparency, and compliance that are part of all effective international agreements. It further calls on the U.S. delegation to insist, as part of the RMS language, that lethal scientific whaling immediately cease upon the commencement of any commercial whaling. The resolution also firmly recognizes the rights of indigenous people to whale for subsistence purposes, and calls on the U.S. delegation to firmly reject any attempts to compromise such rights or to equate commercial whaling with such rights.

In order to ensure future abundance and health of whale populations, we call on the U.S. to support the work of the Conservation Committee, and to otherwise expand whale conservation efforts. The resolution calls for the U.S. delegation to support the permanent protection of whale populations through the establishment of whale sanctuaries in which commercial whaling is prohibited. Finally, the resolution directs the U.S. to make full use of all appropriate mechanisms to change the behavior of other nations which are undermining the protection of these magnificent creatures.

I would like to again thank chairwoman Snowe for collaborating with me on this important effort, and I look forward to working with my colleagues on this issue.

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Introduced in SenateIssued May 16, 2005

        [Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 33 Introduced in Senate (IS)]

1st Session
S. CON. RES. 33

Expressing the sense of the Congress regarding the policy of the United
States at the 57th Annual Meeting of the International Whaling
Commission.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

May 16, 2005

Ms. Snowe (for herself, Ms. Cantwell, Mr. Levin, Mr. Kennedy, Mr.
McCain, Mr. Lieberman, Mr. Kerry, Ms. Collins, Mr. Biden, Mr. Jeffords,
Mr. Dodd, Mr. Lautenberg, Mr. Reed, Mr. Wyden, Mr. Pryor, Mrs. Boxer,
Mrs. Feinstein, and Mr. Akaka) submitted the following concurrent
resolution; which was referred to the Committee on Foreign Relations

_______________________________________________________________________

CONCURRENT RESOLUTION

Expressing the sense of the Congress regarding the policy of the United
States at the 57th Annual Meeting of the International Whaling
Commission.

Whereas whales have very low reproductive rates, making many whale populations
extremely vulnerable to pressure from commercial whaling;
Whereas whales migrate throughout the world's oceans and international
cooperation is required to successfully conserve and protect whale
stocks;
Whereas in 1946 a significant number of the nations of the world adopted the
International Convention for the Regulation of Whaling, which
established the International Whaling Commission to provide for the
proper conservation of whale stocks;
Whereas in 2003 the Commission established a Conservation Committee, open to all
members of the Commission, for the purpose of facilitating efficient and
effective coordination and development of conservation recommendations
and activities, which are fully consistent with the conservation
objectives stated in the 1946 Convention;
Whereas the Commission adopted a moratorium on commercial whaling in 1982 in
order to conserve and promote the recovery of whale stocks, many of
which had been hunted to near extinction by the commercial whaling
industry;
Whereas the rights of indigenous people to whale for subsistence purposes have
been specifically recognized under the 1946 Convention;
Whereas the Commission has designated the Indian Ocean and part of the ocean
around Antarctica as whale sanctuaries to further enhance the recovery
of whale stocks;
Whereas many nations of the world have designated waters under their
jurisdiction as whale sanctuaries where commercial whaling is
prohibited, and additional regional whale sanctuaries have been proposed
by nations that are members of the Commission;
Whereas two member nations that lodged objections to the Commission's moratorium
on commercial whaling when it was adopted continue to hold such
objections, a third member nation asserted a reservation to the
moratorium on rejoining the Commission, and one member nation is
currently conducting commercial whaling operations in spite of the
moratorium and the protests of other nations;
Whereas the Commission has adopted several resolutions at recent meetings asking
member nations to halt commercial whaling activities conducted under
reservation to the moratorium and to refrain from issuing special
permits for research involving the killing of whales;
Whereas one member nation of the Commission has taken a reservation to the
Commission's Southern Ocean Sanctuary and also continues to conduct
unnecessary lethal scientific whaling in the Southern Ocean and in the
North Pacific Ocean;
Whereas one member nation has recently begun to conduct unnecessary lethal
scientific whaling in the Atlantic;
Whereas whale meat and blubber is being sold commercially from whales killed
pursuant to such unnecessary lethal scientific whaling, further
undermining the moratorium on commercial whaling;
Whereas the Commission's Scientific Committee has repeatedly expressed serious
concerns about the scientific need for such lethal research and
recognizes the importance of demonstrating and expanding the use of non-
lethal scientific research methods;
Whereas more than 8,700 whales have been killed in lethal scientific whaling
programs since the adoption of the commercial whaling moratorium and the
lethal take of whales under scientific permits has increased both in
quantity and species, with species now including minke, Bryde's, sei,
and sperm whales, and media reports indicate a new plan may be offered
that could expand such whaling to fin and humpback whales;
Whereas engaging in commercial whaling under reservation and lethal scientific
whaling undermines the conservation program of the Commission;
Whereas discussions are taking place within the Commission on a Revised
Management Scheme (RMS) that would regulate any possible future
commercial whaling;
Whereas any decision to lift the moratorium against commercial whaling must be
taken independently from negotiations and adoption of an RMS;
Whereas any RMS must include or be conditioned on the concurrent adoption of
provisions similar to those in other international agreements related to
fisheries and marine mammals, including transparent and neutral observer
mechanisms, and effective compliance and dispute settlement mechanisms;
Whereas to be effective, if an RMS is adopted, any future commercial whaling
must take place pursuant to the RMS, and no reservations allowing
commercial whaling outside of the RMS should be permitted; and
Whereas any decision to lift the moratorium against commercial whaling must be
conditioned on the immediate cessation of lethal scientific whaling:
Now, therefore, be it
Resolved, by the Senate (the House of Representatives concurring)
That it is the sense of the Congress that--
(1) at the 57th Annual Meeting of the International Whaling
Commission the United States should--
(A) remain firmly opposed to commercial whaling and
any linking of adoption of a Revised Management Scheme
(RMS) to the lifting of the commercial whaling
moratorium;
(B) initiate and support efforts to ensure that all
activities conducted under reservations to the
Commission's moratorium or sanctuaries are ceased;
(C) seek to ensure that any RMS includes, or is
conditioned on the concurrent adoption of provisions
similar to those in other international agreements
related to fisheries and marine mammals, including
transparent and neutral observer mechanisms, and
effective compliance and dispute settlement mechanisms;
(D) insist that any future commercial whaling must
take place pursuant to the RMS, that no reservations
allowing commercial whaling outside of the RMS should
be permitted, and that lethal scientific whaling must
immediately cease upon the commencement of any
commercial whaling;
(E) uphold the rights of indigenous people to whale
for subsistence purposes, and firmly reject any
attempts to compromise such rights or to equate
commercial whaling with such rights;
(F) initiate or support efforts to end the lethal
taking of whales for scientific purposes, seek support
for expanding the use of non-lethal research methods,
and seek to end the sale of whale meat and blubber from
whales killed for unnecessary lethal scientific
research;
(G) support proposals for the permanent protection
of whale populations through the establishment of whale
sanctuaries and other zones of protection in which
commercial whaling is prohibited;
(H) support efforts to expand data collection on
whale populations, monitor and reduce whale bycatch and
other incidental impacts, and otherwise expand whale
conservation efforts;
(I) support the adoption of an active program of
work by the Conservation Committee to address the full
range of threats to whales, and otherwise expand whale
conservation efforts; and
(J) call upon the Contracting Parties to the
Convention to submit to the Commission for discussion
within the Conservation Committee national approaches,
including laws, regulations and other initiatives, that
further the conservation of cetaceans; and
(2) the United States should make full use of all
appropriate diplomatic mechanisms, Federal law, relevant
international laws and agreements, and other appropriate
mechanisms to implement the goals set forth in paragraph (1).
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