August 4 - 31, 2024: Issue 633

 

Japan Kills First Fin Whale in Commercial Whaling Expansion, Paul watson imprisoned by denmark at japan's behest: fundraiser in avalon September 9

''Denmark surely realises the political motivation here for this arrest request: Japan needs Paul Watson out of the way so they can get back to slaughtering the world’s great whales...''

Paul Watson. Photo: CPWF

Despite widespread international condemnation of its intent to add fin whales to the list of species that it is killing in the North Pacific, Japan confirmed on Friday August 2 2024 that it has killed its first whale of this species.

The announcement came a day after it was confirmed Japan is seeking the extradition of a U.S.-Canadian anti-whaling activist Captain Paul Watson, who has been held in custody in Greenland since July 21, Danish and Japanese authorities said. Denmark had said previously Japan was seeking Paul Watson - founder of the Sea Shepherd activist group and the Captain Paul Watson Foundation - on charges of breaking into a Japanese vessel in the Antarctic Ocean in 2010, obstructing the boat's business and causing injury as well as property damage.

Watson was apprehended when over a dozen Danish police and SWAT team members boarded the M/Y John Paul DeJoria as soon as it made port in Nuuk, Greenland, another place that continues whaling.

The M/Y John Paul DeJoria left the Port of Dublin earlier in July to intercept the newly-built Japanese factory whaling ship Kangei Maru in the North Pacific.

"The plan is to go after the world's largest and most dangerous whaling ship, the Kangei Maru, and lock its operations … we have to get to the Pacific and the shortest route is through the Northwest Passage," Mr Watson said then.

On Wednesday July 31 Japan formally asked Denmark to extradite Watson, the Japanese embassy in Copenhagen said in an emailed statement to Reuters. Watsons' French lawyer Francois Zimeray said Japan's justice system could not be trusted to give the activist a fair trial, and that Denmark should deny the request for extradition.

The next day Kyodo Senpaku, the Japanese whaling company, announced that the unfortunate fin whale was caught off Iwate Prefecture and was a male 19.6 m long and weighing 55 tonnes. The whale was caught by Kyodo Senpaku’s whaling ship, the Kangei Maru, which was completed in March of this year.

On June 11 2024 the Japanese Ministry of Agriculture, Forestry and Fisheries announced that Japan would go ahead with killing 59 fin whales, adding them to its existing quotas for minke whales, Bryde’s whales, and sei whales.

The news comes during the months when the slaughter of countless long-finned dolphins and pilot whales takes place on the Faroe Islands, a self-governing territory of the Kingdom of Denmark made up of 18 islands. 

On September 12, 2021, a super-pod of 1,428 Atlantic white-sided dolphins was driven into the shallow water at Skalabotnur beach and killed. In 2022 the government of the Faroe Islands set a catch limit of 500 dolphins for the territory’s annual whale hunt in response to the slaughter.

By late September 2023 the latest Faroe Islands drive hunt had killed 42 more pilot whales, and brought the total number of whales and dolphins killed in the islands to more than 900 that year — far higher than their usual annual average of 685 whales. 

In July 2023 the Ambassador Cruise Line, a British cruise line, apologised to passengers who witnessed the slaughter of nearly 80 pilot whales as the guests arrived in the port of the capital of Torshavn, where the slaughter had turned the sea red.

“While traditional hunts of this type have taken place for many years in the Faroe Islands to sustain local communities, we strongly object to this outdated practice, which we believe is now becoming commercial, with meats sold in local supermarkets,” the company stated.

The name "Faroe Islands" has been argued to ultimately derive from fær, the word for sheep in Old Norse, and the animal is depicted on the country's coat of arms. First introduced in the 9th century, Faroese sheep have long been an integral part of the island traditions.

The Captain Paul Watson Foundation stated on Saturday August 3:

''Less than 10 days after the arrest of anti-whaling activist Paul Watson at its behest, the Japanese Government harpoons its first fin whale in over 50 years, confirming suspicions that a return to high seas slaughter of the world's largest mammals was always their intention.''

''On July 21st, Denmark arrested Paul Watson in response to a request from Japan, on allegations stemming from his opposition to Japan's illegal whaling activities in the Southern Ocean Whale Sanctuary. Just days ago, Japan issued a formal request for his extradition. ''

"Even after Japan’s whaling program was brought before the International Court of Justice in the Hague, and deemed illegal, Japan continues to flaunt International conservation law and Paul Watson is being punished for Japan’s crimes. Denmark surely realises the political motivation here for this arrest request: Japan needs Paul Watson out of the way so they can get back to slaughtering the world’s great whales.” stated Locky MacLean on board the Captain Paul Watson flagship off the coast of Greenland, which was en route across the Arctic to oppose the Japanese whaling effort until Mr. Watson’s arrest.

Fin whales, the world’s second-largest whales, remain vulnerable according to the International Union for Conservation of Nature, driven to the brink of extinction due to centuries of whaling. The giant mammals can live up to 90 years and are over 25 meters long. 

Japan has confirmed that it will allow the catch and kill of up to 59 fin whales in its commercial hunt. This news comes as the newly built US $47m Japanese factory whaling ship Kangei Maru sets sail on its maiden hunt. 

Although at the time of its completion Japan only allowed the hunt of smaller Bryde’s, Minke, and Sei whales, the Kangei Maru has a deck long enough to easily haul whales 25 meters long.


A fin whale in the Gulf of St. Lawrence, showing characteristic backswept dorsal fin. Fin whale, Saguenay–St. Lawrence Marine Park, Quebec, Canada, Photo: Cephas 

On June 11 2024 the Icelandic government announced its decision to allow commercial whaling to continue, granting itself a new quota for one year. 

Iceland are also killers of fin whales. In 2022, 148 fin whales were killed by Icelandic fishers. In 2023 the fleet appears to have taken only 23 fin whales before the end of the season in late September.  It's worth noting that within days of starting to kill whales again, one vessel was called back to port because it was seen to be violating Icelandic animal welfare laws when a whale was recorded suffering a long and painful death.

In mid-September 2023, 15 Icelandic parliamentarians introduced a new bill to ban whaling in Iceland. The bill argues, among other things, that whaling violates Iceland’s animal welfare laws, that it endangers the Icelandic economy, and that business relationships are at stake.  

The bill was published for public comment and a record number of more than 3,000 submissions were received from around the world, including from actor Jason Momoa and ecologist Jane Goodall, calling for an end to whaling. 

Iceland has two large whaling ships in operation. Their size matters because they are big enough to catch fin whales, one of the largest animals ever to have lived, and this species is at the centre of the whalers’ interests because of the high value of its meat on the Japanese market. 

''Only one company, Hvalur hf, is involved in the hunt and from their perspective it is all about the one export opportunity to Japan. There is no significant market for whale meat in Iceland itself.'' European conservationists Ocean Care have stated

In 2022 (the last year for which the IWC has data), Japan slaughtered 25 sei whales, 187 Bryde’s whales and 58 minke whales. 

When Japan left the International Whaling Commission (IWC) in 2019, it also ended its hunts in the Southern Ocean, continuing only its commercial hunts in the North Pacific within its EEZ. For many years, Japan described both its North Pacific and Southern Ocean hunts as ‘scientific whaling’, but this term is discredited; this earlier whaling was also commercial.  

Japan’s own quota for fin whales has not been approved by the IWC, despite Japan’s claims to the contrary. 

The latest decision is linked to Japan’s recent launch of its new ‘state of the art’ whaling mothership, the Kangei Maru, which cost around 7.5 billion yen to build.  The ship weighs around 9,300 tonnes, is 112.6 metres long and is capable of handling very large whales, including fin whales. The Kangei Maru is also said to be capable of reaching the Southern Ocean, where Japan used to hunt, before it left the IWC. 

The fin whale (Balaenoptera physalus), also known as the finback whale or common rorqual, is a species of baleen whale and the second-longest cetacean after the blue whale. The biggest individual reportedly measured 26 m (85 ft) in length, with a maximum recorded weight of 77 to 81 tonnes. The fin whale's body is long, slender and brownish-gray in colour, with a paler underside to appear less conspicuous from below (countershading).

At least two recognised subspecies exist, one in the North Atlantic and one across the Southern Hemisphere. It is found in all the major oceans, from polar to tropical waters, though it is absent only from waters close to the pack ice at the poles and relatively small areas of water away from the open ocean. The highest population density occurs in temperate and cool waters. Its prey mainly consists of smaller schooling fish, small squid, or crustaceans, including copepods and krill. Mating takes place in temperate, low-latitude seas during the winter. Fin whales are often observed in pods of 6–10 animals, with whom they communicate utilizing frequency-modulated sounds, ranging from 16 to 40 hertz.

Like all other large whales, the fin whale was a prized kill during the "golden age" of whaling, from the early 19th century through the late 20th century. Over 725,000 fin whales were reportedly taken from the Southern Hemisphere between 1905 and 1976. Post-recovery numbers of the southern subspecies are predicted to be less than 50% of the pre-whaling population, even by 2100, due to long-lasting impacts of whaling and slow recovery rates. 

As of 2018, it was on the Red List as vulnerable by the IUCN, and more recently as closer to extinction.

The Australian Minister for the Environment, The Hon. Tanya Plibersek, issued a statement on August 1 2024, which reads:

Australia opposes all forms of commercial whaling

Australia is deeply disappointed by Japan’s decision to expand its commercial whaling program by adding fin whales.

Fin whales are the second largest of all whales and are considered vulnerable to extinction by the International Union for Conservation of Nature.

This expands Japan’s commercial whaling program beyond the Bryde’s, minke and sei whales that are already caught. Japan’s whaling will continue to operate within its territorial waters and Exclusive Economic Zone.

Australia is opposed to all commercial whaling and urges all countries to end this practice.

Australia’s efforts through the International Whaling Commission have contributed to a whaling-free Southern Ocean and a decline in commercial whaling around the world. Australia will continue to advocate for the protection and conservation of whales and the health of our ocean for future generations.

Numerous advocates have spoken out calling for Paul Watson to be freed by the Government of Denmark, including Julian Lennon, son of John, and Jane Goodall, and thousands of people around the world.

A local fundraiser organised by Jools Farrell, Coordinator at Sydney of the NSW Captain Paul Watson Foundation, has been organised for this coming week. Funds Raised will be put towards expected legal costs. Tickets are available at:  www.eventbrite.com.au/e/save-the-oceans-tickets-964722610297

''Additionally, the funds raised will enable us to send our two ships to the Southern Ocean in December. Our mission is to protect Minke, Humpback, and Fin Whales from the Japanese Whaling Fleet. Your contribution will make a significant impact on our efforts to save these majestic creatures.'' the CPWF states, signalling it anticipates the Japanese whaling ship Kangei Maru to reignite the whale wars in he upcoming Summer of 2024-2025 in southern oceans.

The CPWF has also launched a petition, www.paulwatsonfoundation.org/freepaulwatson, with over 37 thousand signatures to date.


The Sankei Shimbun, a daily national newspaper in Japan published by the Sankei Shimbun Co., Ltd., citing unnamed Japanese government sources, reported on Thursday August 1 that Denmark had unofficially conveyed its intention to accept the extradition.

Greenland is another autonomous province of Denmark, and another place that has granted itself permission to continue killing whales  Greenlanders hunt minke, fin, bowhead and humpback whales with harpoon cannon; and have a collective rifle hunt for minke whales. 

However, any decision to extradite Watson must be made by the Danish Ministry of Justice, which has not responded to any request for comment from any news service, worldwide, as this Issue comes out.

This piece from The Conversation, published last week, runs after this September 2023 press release from the Washington based Animal Welfare Institute on those Faroe killings (NB: NOT SUITABLE READING FOR CHILDREN):

New Report Debunks Claims of Whale and Dolphin Hunters in Faroe Islands

September 25, 2023

Washington, DC—Today, in the wake of the latest Faroe Islands drive hunt on Friday that killed 42 more pilot whales, the Animal Welfare Institute (AWI) and six other leading animal welfare and marine conservation organizations released a new report presenting evidence to challenge claims that the annual drive hunts are humane, sustainable, and integral to local culture.

This latest hunt brings the total number of whales and dolphins killed in the islands to more than 900 this year — far higher than the typical annual average of 685 whales. 

The report, “Unravelling the truth: Whale killing in the Faroe Islands,” uses evidence-based arguments to take a critical look at the main justifications for the ongoing hunting of long-finned pilot whales and other small cetaceans in the Faroe Islands (a small self-governing Danish territory located between Scotland and Iceland in the North Atlantic). The centuries-old hunt, known as the 'grindadráp', is widely publicised and largely condemned by the international community.

From 2010 to 2020, Faroese whalers have killed an average of 685 pilot whales and 114 dolphins each year, with the meat being distributed among the islands’ inhabitants and sometimes sold at grocery stores and restaurants. At least 846 pilot whales had been killed this year before the latest hunt, and more than 1,400 Atlantic white-sided dolphins were killed in a single day in September 2021, sparking widespread public outcry and sharp criticism from the European Union. 

When a pod of whales or school of dolphins is spotted, hunters drive them to the shore and into designated killing bays using a line of boats. Once the animals are in shallow water, they are secured using a round-ended hook driven into their blowholes, and pulled to land. There, every single whale or dolphin is killed with a knife or sharp spinal lance pushed into the neck behind the blowhole. This may paralyse the animal, but it does not necessarily mean that the whale or dolphin dies immediately, is rendered unconscious, or is insensible to pain.

“Pods of pilot whales whale or dolphins cannot be humanely chased to shore, secured, and killed,” said Dr Sandra Altherr, co-founder of Pro Wildlife. “These drive hunts are extremely stressful and painful; the animals are eyewitnesses to their fellow species being killed until they themselves meet the same fate.”

“It is very difficult for us to understand why the cruel and unnecessary drive hunts of whales and dolphins in the Faroe Islands still persist,” added Fabienne McLellan, managing director of OceanCare. “In all other places with a history of such activity, apart from Japan, this inherently inhumane practice has ended. We are deeply concerned about it and hope that this new report will help dispel some of the misunderstanding that exists in the islands and elsewhere.”

Among the report’s key findings:

  • Many Faroese people may feel traditionally entitled to hunt and eat pilot whales. However, most do not in fact participate in whaling, nor do they consume cetacean products from the hunt. There is also substantially more domestic opposition to the hunting of smaller dolphin species for meat. An April 2022 Gallup poll, for instance, found that 69% of the public was opposed to dolphin hunting, with just 7% expressing strong support. 
  • Although proponents of pilot whale hunting argue that the capture and killing process is humane, a recent review of Faroese hunting techniques published in Frontiers in Veterinary Science concluded that the methods used are ethically and morally unacceptable, given our understanding of the sentient nature of these animals.
  • Claims that the drive hunts are sustainable grossly oversimplify a complex issue and fail to account for the slow reproduction rate of pilot whales and a hunting approach that destroys entire social units. Moreover, these hunts generate a substantial amount of waste, much of which may be dumped back into the sea.
  • The cultural significance of pilot whale hunting in the Faroe Islands is often used to justify the killing, but modern hunts rely on motorized vessels and sophisticated communications techniques that bear no resemblance to historical or traditional methods.

“Pilot whales and other small cetaceans are protected in the European Union but massacred on its doorstep in the Faroe Islands,” said Sue Fisher, senior policy advisor of marine life and terrestrial wildlife programs at the Animal Welfare Institute. “This dissonance makes no sense, especially given the well-known adverse effects on human health associated with the consumption of pilot whale meat and blubber containing high levels of mercury and other contaminants.”

“In response to another mass cetacean killing in the Faroe Islands, our new report finds that  there is little evidence to support the claims typically used to justify it,” said Dr Joanna Swabe, senior director of public affairs at Humane Society International/Europe. “The simple truth about the grind is that it is cruel, unsustainable, and most Faroese don’t participate in it. Further, medical experts raise human health concerns about consuming whale meat and blubber. Sadly, the image of dead cetaceans has become synonymous with the Faroe Islands across the globe. These are sentient animals who experience immense stress and pain during the drive and killing, so it's time to consign such suffering to the history books.”

“More than 20,000 pilot whales, Atlantic white-sided dolphins, and other cetaceans have been slaughtered in the Faroe Islands since 2000,” said Sarah Dolman, senior ocean campaigner at Environmental Investigation Agency UK. “This is an outdated, cruel and wasteful practice that does not consider the welfare of the individuals or the social complexities of these cetacean societies.”

“We hope this report helps to dispel misconceptions about the hunts so the public has a comprehensive understanding of the issue to aid in finally bringing this cruel practice to an end.” said Louie Psihoyos, executive director of the Oceanic Preservation Society.

Former Sea Shepherd captain Paul Watson arrested on a Japanese warrant from 2012 – what next?

Tamsin Phillipa PaigeDeakin University and Danielle Ireland-PiperAustralian National University

Sea Shepherd founder and anti-whaling activist Paul Watson has been arrested in Greenland and awaits potential extradition to Japan.

The arrest relates to incidents in the Southern Ocean in February 2010. The charges against Watson include “accomplice to an assault” and “ship trespass”. Both relate to the boarding of the Japanese vessel Shonan Maru No 2 by Pete Bethune, who was captain of the Sea Shepherd vessel Ady Gil. Bethune was detained on the Shonan Maru No 2 and returned to Japan for trial, where he received a suspended sentence. An international arrest warrant was issued for Watson in 2012.

At the time of the recent arrest on July 21, Watson’s ship had stopped for refuelling while en route to intercept a Japanese whaling vessel, the Kangei Maru. He was on board the John Paul DeJoria, owned by the Captain Paul Watson Foundation he founded two years ago.

Watson left Sea Shepherd in 2022, following disputes with directors over the value of direct action and confrontation. He originally founded Sea Shepherd after falling out with Greenpeace for similar reasons.

His arrest brings the issue of whaling back to the fore. Despite a flurry of activity in the courts a decade ago, the issue hasn’t gone away. That’s because Japan withdrew from the International Convention for the Regulation of Whaling and its decision-making body in 2019 and resumed commercial whaling.

What is an international arrest warrant?

An international arrest warrant, also referred to as a “Red Notice”, is a request to law enforcement all over the world to locate and provisionally arrest a person.

The Red Notice for Watson is based on an arrest warrant or court order issued by Japan. Importantly, a Red Notice is not a finding of guilt and the presumption of innocence still applies.

Now the arrest has been made, Japan is seeking extradition. The request went to Denmark because Greenland is an autonomous Danish territory.

What is the basis for the charges?

Two international treaties provide Japan with a legal basis for the charges laid against Watson.

Under the United Nations Convention on the Law of Sea, Japan can grant its nationality to ships, as it did with the Shonan Maru No 2. Nations have exclusive jurisdiction over ships flying their flag when that ship is on the high seas (international waters). This means Japan can treat the boarding of the Shonan Maru No 2 as if it happened on Japanese territory.

Japan may also argue the boarding of the Shonan Maru No 2 was an act of piracy. Under the convention, Japan would need to show the boarding was a case of:

illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed […] on the high seas, against another ship or aircraft, or against persons or property on board such ship.

The sticking point for Japan may be whether or not the boarding can be considered to be for “private ends”.

The convention for the suppression of unlawful acts against the safety of maritime navigation may also apply. In short, this grants jurisdiction over certain types of offences when they occur on board a ship flying the nation’s flag. For example, Japan may argue the alleged conduct of Watson and/or his colleagues was “an act of violence against a person on board a ship if that act is likely to endanger the safe navigation of that ship”.

Will Denmark extradite?

Extradition is often governed by a specific extradition agreement between two nations, as well as by a nation’s own domestic law. For example, the Extradition Act in Denmark permits extradition in certain circumstances. However, it also has limitations on that power, including to prevent double prosecutions, where a person faces trial more than once for the same conduct.

Extradition will not apply to prosecutions of crimes that are not also an offence in Denmark, abandoned prosecutions, or where a court accepts there is a risk that the person concerned:

will be subjected to persecution affecting his life or freedom or otherwise of a serious nature because of his or her origin, membership of a particular ethnic group, religious or political beliefs or otherwise because of political circumstance.

The relevant court in Denmark can also decide that extradition is temporarily suspended on serious humanitarian grounds.

Extradition is as much political as legal

In many ways, extradition is a fusion between “executive power” and the powers of the courts and the prosecutors, as well as involving foreign policy considerations. For this reason, it can be as much political as legal. This is why we have seen calls from other countries, such as France, for Denmark to abandon the arrest and not agree to extradition.

Political pressure can sometimes be effective in such cases, particularly in countries where there is ministerial discretion around whether to extradite.

What next?

Ultimately, Japan may choose to abandon its interest in prosecuting a warrant that is more than ten years old.

Or it may choose to exercise its full legal power in pursuing Watson, with the goal of deterring anti-whaling advocacy. However, this would likely attract criticism from other nations, given very few support whaling activity, and reduce willingness to cooperate with Japan on other extradition matters.

Either way, the tension between environmental advocacy and other commercial and legal interests is obvious. The law can – and should – find better ways to balance these interests, especially in the midst of an environmental crisis.The Conversation

Tamsin Phillipa Paige, Senior Lecturer, Deakin University and Danielle Ireland-Piper, Associate Professor, ANU National Security College, Australian National University

This article is republished from The Conversation under a Creative Commons license. Read the original article.