FACSIMILE MESSAGE
December 27, 1999

Mr. Thilo Bode
Executive Director
Greenpeace International
Keizersgracht 176
1016 DW Amsterdam
The Netherlands

Fax: 31 20 523 62 00


Mr. Bode:

As you are aware, the legal basis for Japan's whale research in the Antarctic is Article VIII of the 1946 International Convention for the Regulation of Whaling (ICRW) which unequivocally provides that Contracting Parties may grant permits authorizing the take of whales for purposes of scientific research. Further, claims by Greenpeace that Japan is breaking international law or that its research whaling is illegal because of its obligations under the United Nations Convention on the Law of the Sea (UNCLOS) are a misrepresentation of fact. The UNCLOS obliges States to "work through the appropriate international organizations" for the conservation, management and study of cetaceans. This obligation is clearly met since Japan's research program is conducted in accordance with the terms of the ICRW and supported by the IWC's Scientific Committee. The Government of Japan continues to work through the IWC in an effort to bring the work of the Commission in line with the objectives and purposes of the ICRW.

The issue of scientific research on whales is of vital importance to the IWC since the Convention prescribes that regulations adopted by the Commission shall be based on scientific findings. I am sure you are aware that Japan's research program in the Antarctic has been the subject of extensive review by the IWC's Scientific Committee. The Scientific Committee has noted that the program has provided considerable data which could be directly relevant for management and that the results of this program have the potential to improve the management of minke whales. The Scientific Committee has also noted that non-lethal means to obtain some of this information are unlikely to be successful in the Antarctic.

With regard to the Southern Ocean Sanctuary, it should be noted that contrary to the principle that the management of living resources should be based on scientific findings, the Southern Ocean Sanctuary prohibits the commercial taking of whales "irrespective of the conservation status of baleen and toothed whales in this Sanctuary". The Sanctuary was adopted in 1994 in the absence of advice from the Scientific Committee that such measure was necessary to carry out the objectives and purposes of the ICRW and to provide for the conservation, development and optimum utilization of whale resources. This action by the Commission ignored Article V 2. of the ICRW which requires that regulations "shall be such as are necessary to carry out the objectives and purposes of this Convention..." , "shall be based on scientific findings..." and "shall take into consideration the interests of the consumers of whale products and the whaling industry." The IWC has been provided with a comprehensive legal analysis related to the designation of the Southern Ocean Sanctuary which concludes that the IWC exceeded its authority under the Convention and that the establishment of the Southern Ocean Sanctuary violates the treaty. Notwithstanding this, the Southern Ocean Sanctuary applies to commercial whaling. It does not apply to the taking of whales for research purposes.

Finally, you should be aware that while conducting research, the Nisshin-maru clearly shows that it is doing so and, as was the case with the Greenpeace vessel, Arctic Sunrise, always warns other vessels not to come within 2 miles of her. The Greenpeace vessel ignored these warnings and unnecessarily approached the Nisshin-maru for its own purposes.

I strongly urge you to direct the Greenpeace vessel to cease its activities which are a danger to our crews and scientists and to refrain from interfering in our legal research efforts which are making a significant contribution to science related to the management of cetaceans in the Antarctic. The unjustifiable activities of Greenpeace against our legal research program will not deter us.

Seiji Ohsumi
Director General
The Institute of Cetacean Research

cc: Sanae Shida
Executive Director
Greenpeace Japan


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