Footnotes

Chapter 1 - Background to the inquiry and the bill

[1]        Journals of the Senate, 23 November 2010, p. 397.

[2]        The Australian Whale Sanctuary corresponds to Australia's Exclusive Economic Zone. The outer limit is less than 200 nautical miles in some places in accordance with agreements with neighbouring countries, It excludes state and territory waters, but all states and territories also protect cetaceans within their waters. Australian jurisdiction over the Antarctic portion is not recognised by all countries.

[3]        Environment Protection and Biodiversity Conservation Act 1999, sections 224ff. Some exceptions are allowable by permit or in special situations, for example to deal with an emergency or prevent a risk to human health: section 231.

[4]        Item 1, proposed section 229E.

[5]        Item 1, proposed section 299E.

[6]        This is the same as the existing penalties for whaling offences in the EPBC Act.

[7]        Item 2 of the bill. EPBC Act, section 231.

[8]        Humane Society International, Submission 1; Senator R. Siewert, second reading speech, Senate Hansard, 29 September 2010, p. 294; 'Japanese whalers in spy flights', The Age, 6 January 2010, p. 1.

[9]        Senator R. Siewert, second reading speech, Senate Hansard, 29 September 2010, p. 295.

[10]      Senate Standing Order 24.

[11]      Senate Standing Committee for the Scrutiny of Bills, Alert Digest, no. 2 of 2010, 24 February 2010, p. 39.

Chapter 2 - Background on regulation of whaling

[1]        International Convention for the Regulation of Whaling, 1946: preamble; Articles III, IV and V. Detailed provisions regulating whaling are in a schedule to the convention. Under the convention, the IWC may amend the schedule (a three quarter majority vote is required). There are provisions for a member government to object to a proposed amendment. A member which maintains its objection is not bound by the amendment: Article 5(3). See www.iwcoffice.org/commission/convention.htm#convsigs and www.iwcoffice.org/commission/procedure.htm#procedure (accessed 7 January 2011).

[2]        www.iwcoffice.org/commission/iwcmain.htm#nations (accessed 6 January 2010).

[3]        Department of Sustainability, Environment, Water, Population and Communities, 'International Protection of Whales', at www.environment.gov.au/coasts/species/cetaceans/international/index.html#sanctuaries (accessed 6 January 2011)

[4]        Whale Protection Act 1980. Australia's last commercial whaling operation, near Albany WA, had already ended in 1978. Department of Sustainability, Environment, Water, Population and Communities, History of Whaling in Australia at www.environment.gov.au/coasts/species/cetaceans/international/history.html (accessed 6 January 2011).

[5]        In 2008 Norway took 536 minke whales and Iceland took 38 minke whales commercially. International Whaling Commission, 'Catch limits and catches taken' at www.iwcoffice.org/conservation/catches.htm (accessed 10 January 2011).

[6]        International Convention for the Regulation of Whaling, 1946, Article VIII and Schedule, clause 30. The Scientific Committee consists of scientists nominated by member countries that wish to be represented. See www.iwcoffice.org/commission/procedure.htm#procedure (accessed 10 January 2011).

[7]        International Whaling Commission, 'Scientific permit whaling' at www.iwcoffice.org/conservation/permits.htm (accessed 7 January 2010). Pers. comm. IWC, 18 February 2011.

[8]        International Whaling Commission, Report of the Scientific Committee, June 2010, IWC/62/Rep 1, pp 69–70. Japan also has a 'JARPN II' research program in the North Pacific. In 2008 Japan took 323 whales under JARPN II. From 2003 to 2007 Iceland took between 25 and 60 scientific permit whales each year. See www.iwcoffice.org/conservation/table_permit.htm (accessed 8 February 2011).

[9]        IWC, pers. comm. 18 February 2011.

[10]      The whalers reportedly took 170 Antarctic minke whales and one fin whale: 'The whales win: Japan surrenders', The Age, 21 February 2011, p. 1.

[11]      See www.environment.gov.au/cgi-bin/sprat/public/publicthreatenedlist.pl?wanted=fauna. The criteria for threatened species categories such as 'vulnerable', 'endangered', 'critically endangered', are at www.environment.gov.au/biodiversity/threatened/species.html#categories (accessed 10 January 2010).

[12]      According to the International Union for Conservation of Nature (IUCN), 'the population size is clearly in the hundreds of thousands. [However] the data analysed by standard methods suggest a reduction of approximately 60 per cent between the 1978–91 period and the 1991–2004 period... If the decline is real, its extent and causes are currently unknown, and it may still be continuing... If the decline proves to be largely or mainly an artefact [for example, because of a reduction in sighting efficiency], or proves to have been transient in the light of analyses of more recent data, the species would qualify as Least Concern. If it were real, the species would qualify as Endangered.' IUCN, IUCN Red List of Threatened Species, version 2010.4. See www.iucnredlist.org (accessed 10 January 2011).

[13]      International Whaling Commission, 'Scientific permit whaling' at www.iwcoffice.org/conservation/permits.htm (accessed 7 January 2010).

[14]      International Whaling Commission, 'Scientific permit whaling' at www.iwcoffice.org/conservation/permits.htm (accessed 7 January 2010).

[15]      Hon. P. Garrett MP, Minister for Environment Protection, Heritage and the Arts, Australia advances a new proposal for whale conservation, media release 25 February 2010. Further details are in The Future of the International Whaling Commission: An Australian Proposal, which Australia submitted to an IWC working group in February 2010. See www.environment.gov.au/coasts/species/cetaceans/international/index.html#future (accessed 10 January 2010).

[16]      Hon. P. Garrett MP, Minister for Environment Protection, Heritage and the Arts, Hon. S. Smith MP, Minister for Foreign Affairs and Trade, Hon. R. McClelland MP, Attorney-General, Government initiates legal action against Japanese whaling, media release, 28 May 2010.

[17]      International Court of Justice, Australia institutes proceedings against Japan for alleged breach of international obligations concerning whales, press release, 1 June 2010.

[18]      International Court of Justice, Whaling in the Antarctic (Australia v. Japan) Fixing of time limits for the filing of initial pleadings, press release, 20 July 2010.

[19]      Department of Environment, Water, Heritage and the Arts, Annual Report 2009-2010, p. 35. The department was renamed Department of Sustainability, Environment, Water, Population and Communities in new administrative arrangements from 14 September 2010.

[20]      The two groups do not cooperate with each other, as Greenpeace does not approve of the SSCS's more confrontational approach to direct action. See Greenpeace, Paul Watson, Sea Shepherd and Greenpeace: some facts, at www.greenpeace.org/international/en/about/history/paul-watson/ (accessed 11 February 2011).

[21]      Fouling propellers: SSCS, 2005 – 2006 Antarctic Whale Defense – 2^nd expedition, at www.seashepherd.org/no-compromise/history.html; Greenpeace meets George Orwell – Greenpeace rewrites history, 15 January 2011, at www.seashepherd.org/news-and-media/editorial-110115-1.html (accessed 11 February 2011). Stink bombs: variously described as 'rotten butter', 'a foul smelling substance' and 'butyric acid': SSCS, Sea Shepherd begins second week of shutting down illegal whaling activities, 11 February 2010, at www.seashepherd.org/news-and-media/news-100211-2.html (accessed 11 February 2011); Institute of Cetacean Research, Sea Shepherd attacks Japan's research vessels, media release 3 March 2008, at www.icrwhale.org/080303Release.htm (accessed 11 February 2011). Lasers: described by the SSCS as 'photonic disrupters': SSCS, Confronting Japan's Ministry of Truth, 8 February 2010, at www.seashepherd.org/news-and-media/editorial-100208-1.html (accessed 11 February 2011). See also Institute of Cetacean Research, Illegal harassment and terrorism against ICR research, at www.icrwhale.org/gpandsea.htm (accessed 11 February 2011).

[22]      Maritime New Zealand, Ady Gil and Shonan Maru No. 2 collision on 6 January 2010, investigation report, November 2010, p. 1. The Ady Gil  was registered in New Zealand.

[23]      International Whaling Commission, resolutions 2 of 2006, resolution 2 of 2007. Report of 2010 meeting, press release day 3, 23 June 2010. See http://www.iwcoffice.org/meetings/meeting2010.htm#day3 (accessed 10 January 2010.

[24]      For example Institute of Cetacean Research, Gojira attempts to sabotage the Nisshin Maru, media release 9 February 2011.

[25]      Hon. S. Smith MP, Foreign Minister, Joint press conference with Japanese Foreign Minister Katsuya Okada, 21 February 2010.

[26]      Institute of Cetacean Research, JARPA II research vessels to return home, media release 18 February 2011, at www.icrwhale.org/eng-index.htm (accessed 3 March 2011).

Chapter 3 - Discussion of issues

[1]        Humane Society International, Submission 1, p. 2; Conservation Council of South Australia, Submission 2.

[2]        SEWPAC, Submission 3, pp 2–3.

[3]        Item, 1, proposed section 229E.

[4]        Australian Maritime Safety Authority, Submission 5, pp 2–3. EPBC Act, paragraph 231(e).

[5]        New South Wales Department of Environment, Climate Change and Water, Submission 4, p. 1.

[6]        SEWPAC, Submission 3, p. 2.

[7]        There are also offences of possessing or treating a cetacean that has been killed or taken illegally: section 229D, 229E. 'Treat' means 'divide or cut up, or extract any product from'.

[8]        Proposed section 229E.

[9]        SEWPAC, Submission 3, p. 3; NSW DECCW, Submission 4, p. 1.

[10]      SEWPAC, Submission 3, p. 3; NSW DECCW, Submission 4, p. 1.

[11]      Criminal Code, sections 11.1, 11.6.

[12]      Criminal Code, section 11.1(2).

[13]      SEWPAC, Submission 3, p. 3.

[14]      Criminal Code, sections 11.1, 11.2, 11.2(2)(b).

[15]      SEWPAC, Submission 3, p. 2. NSW DECCW, Submission 4, p. 2.

[16]      The EPBC Act provisions can be extended to state/territory waters by regulation, with the consent of the state/territory: sections 225, 226. All states and territories also prohibit whaling in their waters.