Whaling in Japan

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Whaling in Japan may have begun as early as the 12th century. During the 20th century Japan was heavily involved in commercial whaling. However, due to a moratorium on commercial whaling by the International Whaling Commission, Japanese whaling is currently restricted to hunts conducted by the Institute of Cetacean Research. Nevertheless, it is a source of political dispute between pro- and anti-whaling countries and organizations. Nations, scientists and environmental organizations opposed to whaling consider the Japanese research program to be unnecessary at best and a thinly disguised commercial whaling operation at worst. ^{[1] [2] [3]} Japan maintains the annual take of whales is sustainable and necessary for scientific study and management of whale stocks. Japan also argues that objections to whaling are based upon cultural differences and emotional anthropomorphism. ^{[4] [5]}

File:Nisshin Maru hauls minke whale.jpg

Archeological evidence suggests that whales were consumed in Japan during the Jōmon Period in the form of whale remains discovered in burial mounds. It is believed that stranded whales were taken and consumed (passive whaling) by indigenous people, such as the Ainu. ^[6] Surviving Ainu folklore also reveals a spiritual association with whales. ^[7] (It is important to note that the Ainu were only recently officially recognized by Japan as indigenous people and were previously forced to conform to Japanese society. ^[8] Critics have charged the history of Japan and the Ainu, including denial of aboriginal Salmon fishing rights, undermines Japanese arguments for the cultural importance of whaling.) ^[9]

The Japan Whaling Association contends that hand thrown harpoons were used in Japan as early as the 12th century. ^[10]

Organized open-boat shore whaling in Japan began in the 1570s; and continued into the early 20th century.^[11]

The organized whaling techniques were dramatically developed in the 17th century in Taiji, Wakayama. (Taiji is central to Japan's whaling history and has served as a shore station for centuries. The village has recently been the focus of environmentalist organizations due to the small-type coastal whaling conducted there and is featured in the documentary, The Cove.)^[12]

Wada Chubei Yorimoto organized the group hunting system in 1606 establishing a fishery. His grandson, Wada Kakuemon Yoriharu, later known as Taiji Kakuemon Yoriharu, invented the whaling net technique called Amitori-ho. ^{[13] [14] [15]}

Right whales, Humpback whales, Fin, Minke and Gray whales were primarily hunted. ^[16] However, Blue whales, Sei, Bryde's and Sperm whales were also taken when possible. The early whalers spotted whales from shore, launched boats to chase the whales (banging on oars to frighten the animals) toward shore where more boats waited with nets. Once entangled, the whale was encircled, harpooned, lanced and taken to shore.

Once ashore, the whale was quickly flensed and divided into its separate parts for various warehouses and further processing. Although the primary use for whales was meat, the entire whale was utilized in a variety of products including lamp oil, soaps, fertilizer, folding fans (baleen), and more. This method of whaling required a significant financial investment from rich individuals to compensate for the sizable labor force. However, whaling remained entwined with ritual and unlike their contemporary European counterparts the early Japanese coastal whalers considered whales a valuable resource and did not over-exploit local stocks. ^[17]

Europeans and Americans had conducted whaling in Japan's waters for much of the early 19th century but had not established bases there due to inhospitable and isolationist Japanese rulers. US naval officer Commodore Matthew Perry was charged by President Millard Fillmore with an expedition to Japan in 1853 to pressure the government into diplomacy with the United States. With a display of naval power Perry succeeded in 1854 and U.S. Consul, Townsend Harris, 4 years later, negotiated the Treaty of Amity and Commerce (or Harris Treaty) with Japan.

In the late 1800s Japan began to establish itself as a world power as well as a naval power in the Sino-Japanese War. Norwegian-style modern whaling, based on the use of power-driven vessels, cannons and exploding harpoons, was introduced in the Meiji era largely through the efforts of Juro Oka who is now considered the father of modern Japanese whaling. Oka traveled the world gathering information about whaling practices including to Norway for harpoons, cannons and expertise. Oka also established the first modern whaling company in Japan in 1899, Nihon Enyo Gyogyo K.K. which took its first whale on February 4, 1900 with a Norwegian gunner, Morten Pedersen. ^{[18] [19]}

Japan saw its share of conflict in the early 20th century and surprisingly defeated Russia in the Russo-Japanese War. During this time, Juro Oka dominated the whale meat market in Japan with assistance and instruction from Norwegian whalers and their leased or purchased ships. As Japan's whaling industry expanded into new territory, including Korean waters, ship production and oil processing, Oka's company (renamed Toyo Hogei K.K.) returned significant profits to its investors which led to increased Japanese competition. Oka later became the first president of the Japan Whaling and Fishing Association (established in 1908). ^{[20] [21]}

I am firmly convinced that we shall become one of the greatest whaling nations in the world. The whaling grounds round Korea and Japan offer unlimited possibilities, and should stocks of whales, contrary to expectations, fail in those areas, we have the Sea of Okhotsk and the Berring Sea to the north and we are aware of the great treasure houses to the south. The day will come when we shall hear one morning that whales have been caught in the Arctic and in the evening that whales are being hunted in the Antarctic. ^[22]

Juro Oka - The father of modern Japanese whaling, 1910

The League of Nations raised concerns about the over-exploitation of whale stocks (and perhaps due to the falling price of whale oil) and called for conservation measures in 1925. This eventually led to the Geneva Convention for the Regulation of Whaling which was presented in 1931 but not entered into force until 1934 and was completely ignored by Japan and Germany. ^{[23] [24] [25]}

Factory ships were not used by Japan until the 1930s. As whale catches diminished in coastal waters, Japan looked to Antarctica. Toyo Hogei K.K. purchased the Norwegian factory ship, Antarctic, renaming it the Tonan Maru in 1934. Refrigerator ships were sent along to freeze and transport the meat back to Japan. By capitalizing on both the meat and oil of whales Japanese industry continued to out-compete other whaling nations. Improvements in technology such as the world's first diesel-powered catch boat, the Seki Maru, also increased the capacity to take whales. In the years building up to World War II, the Germans purchased whale oil from Japan and both nations used it in preparation for war. ^[26]

In 1937 London, the International Conference on Whaling, which Japan did not attend, led to additional limits on pelagic whaling in order to prevent excessive exploitation (and specifically the extinction of the Blue whale) creating the International Agreement for the Regulation of Whaling. Regarding voluntary acceptance of restrictions:

This is the more important in that Japan, who has not yet acceded to the 1931 Convention is largely increasing her whaling fleet in the Antarctic... ^[27]

Regardless of efforts to establish limits, in part due to Japan ignoring an 89 day season limit and continuing for 125 days, a record 45,010 whales were taken in a single season. The Protocol to the International Agreement for the Regulation of Whaling ^[28], signed in 1938, established additional restrictions on whaling but despite the attendance of Japanese representatives, Japan violated the agreement by taking Humpback and undersized whales beginning five weeks prior to the defined start of the season. ^[29] By 1939 Germany and Japan accounted for 30% of the world's whale take. ^[30]

During the second world war Japan's whaling was significantly limited to more familiar hunting grounds, such as the Bonin Islands, to provide meat and oil for domestic and military use. (Iwo Jima is one of the Bonin Islands and whaling there was halted in March, 1945 when the Island was taken by US forces. However, by November 1945 the whaling stations received permission to reopen.) Most whaling ships were commandeered by the Japanese navy and by the end of the war the factory ships and most of the catch boats had been sunk. ^{[31] [32]}

General Douglas MacArthur encouraged the surrendered Japan to continue whaling in order to provide a cheap source of meat to starving people (and millions of dollars in oil for the USA and Europe). ^[33] The Japanese whaling industry quickly recovered as MacArthur authorized two tankers, converted into factory ships (Hashidate Maru and Nisshin Maru), with catcher boats to once again, take Blue whales, Fins, Humpbacks and Sperm whales in the Antarctic and elsewhere. ^[34]

The first post-war expedition was overseen by a US naval officer, Lieutenant David McCracken, and observed by Australian Kenneth Coonan. Coonan expressed disapproval of McCracken in his reports of violated regulations and waste dumped over the side when the fleet began killing whales faster than they could be processed. McCracken even briefly joined in whaling with the Japanese crew of a catch boat and detailed the trip in his 1948 book, Four Months on a Jap Whaler. ^[35]

The International Convention for the Regulation of Whaling was created in 1946 in Washington to "provide for the proper conservation of whale stocks and thus make possible the orderly development of the whaling industry". ^[36] Based on the previous 1937 International Agreement and subsequent Protocols to that agreement in 1938 and 1945, the ICRW led to the 1949 creation of the International Whaling Commission and consists of guidelines for the international regulation of coastal and pelagic whaling. Japan joined the IWC in 1951. ^[37] (Critics charge that the IWC and ICRW have largely failed due to a lack of enforceable rules and regulatory loopholes)

Japan would later make heavy use of one particular article of the ICRW despite the condemnation of environmental organizations and anti-whaling nations.

Article VIII

1. Notwithstanding anything contained in this Convention any Contracting Government may grant to any of its nationals a special permit authorizing that national to kill, take and treat whales for purposes of scientific research subject to such restrictions as to number and subject to such other conditions as the Contracting Government thinks fit, and the killing, taking, and treating of whales in accordance with the provisions of this Article shall be exempt from the operation of this Convention. Each Contracting Government shall report at once to the Commission all such authorizations which it has granted. Each Contracting Government may at any time revoke any such special permit which it has granted.

2. Any whales taken under these special permits shall so far as practicable be processed and the proceeds shall be dealt with in accordance with directions issued by the Government by which the permit was granted. ^[38]

As the IWC enacted regulation regarding whaling a number of unregulated operations acting outside of the laws of member nations became notorious in the mid-late 20th century. For example, a large private whaling fleet was owned (through a variety of holding companies and flags of convenience) by shipping magnate Aristotle Onassis and gained notoriety for ignoring all limits of size and species. When the Peruvian navy finally stopped and seized the Onassis fleet, just as sanctions were to be applied the entire fleet was sold to Japan for $8.5 million. Onassis' factory ship, the Olympic Challenger, was renamed the Kyokuyo Maru II. ^{[39] [40]}

The Japanese trawler, Shunyo Maru, later became a combined catcher/factory whaling ship, MV Tonna, and was owned by Andrew M. Behr who also owned the infamous pirate whaling ship, Sierra. The Tonna is famous for its demise. In 1978 with full holds the Tonna landed another 50 ton Fin whale. As the whale was being winched aboard for processing the ship listed over, took on water and quickly sank. ^{[41] [42]} Behr and the Sierra were also linked to Japan's Taiyo Fisheries Co. through a Canadian subsidiary (Taiyo Canada Ltd.) and with whale product for Japanese markets. The Sierra was severely damaged after being rammed by activist Paul Watson aboard his ship, the Sea Shepherd. The Sierra was later sunk in port by unknown saboteurs with limpet mines. Paul Watson, continues to be a controversial figure at odds with whaling and particularly Japan. Taiyo and other Japanese fisheries have also been linked to pirate whaling through subsidiary companies in Taiwan, the Philippines, Spain, South Korea, Chile and Peru. ^{[43] [44]}

In 1972, the United Nations Environmental Conference produced a 52-0 vote in favor of a 10 year global moratorium on commercial whaling. However, the UN resolution was not adopted by the IWC by a vote of 6-no, 4-yes and 4-abstain. Japan, Russia, Iceland, Norway, South Africa and Panama voted no. ^[45]

In 1973, a moratorium was once again proposed and voted down in the IWC lacking the required 3/4 majority. (8-yes, 5-no, 1-abstain). Japan, Russia, Iceland, Norway and South Africa voted no. ^[46]

Between 1973 and 1982 the IWC would see its membership increase from 14 member nations to 37 perhaps stacking the vote in favor of anti-whaling nations.

In 1980 and 1981 two more votes failed to establish a moratorium by a 3/4 majority.(13-9-2 and 16-8-3) ^[47]

In 1982, the International Whaling Commission (IWC) finally voted in favor of a moratorium on commercial whaling to go into force in 1986 (25-7-5). Japan objected to the moratorium and continued whaling (Under the ICRW an objecting nation is exempted from the disputed regulations. Japan also continued to hunt sperm whales despite a 1981 IWC zero catch quota.). The United States would play a significant role in Japan's acceptance of a global moratorium on commercial whaling due to its domestic laws. In particular the 1971 Pelly Amendment to the US Fishermen's Protection Act gives the US President legal authority to prohibit importation of fish products from any nation that is diminishing the effectiveness of fisheries conservation programs. It was later strengthened by the 1979 Packwood-Magnuson Amendment to the Fishery Conservation and Management Act giving the same sanctioning power with regard to the ICRW. ^{[48] [49] [50]}

Potential US sanctions jeopardized Japanese fisheries access to Alaskan waters and a million tonnes of fish (est $425 million annually). A negotiated settlement was reached allowing Japan to continue commercial whaling without the threat of US sanctions until 1988 with an agreement to drop Japan's objection to the moratorium in 1985. However, conservation groups sued the United States Secretary of Commerce claiming that the law did not allow any deals only to be finally defeated by the US Supreme Court in 1986. As agreed Japan withdrew its objection to the moratorium and ceased commercial whaling by 1988. (Japan's access to Alaskan waters was later phased out anyway, partly due to pressure from US fishermen and conservationists) ^{[51] [52] [53]}

After halting its commercial whaling, Japan began scientific research hunts to provide a basis for the resumption of sustainable whaling.^[54] According to environmental groups and the Australian Environment Minister, the ostensible research serves to disguise commercial whaling in circumvention of the IWC moratorium.^[55][56] The IWC Scientific Committee collects up-to-date data on catch limits and catches taken since 1985. Numbers have ranged from less than 200 in 1985 to close to 1,000 in 2007.^{[57] [58] [59]}

The research is conducted by the Institute of Cetacean Research (ICR), a privately-owned, non-profit institution. The institute receives its funding from government subsidies and Kyodo Senpaku, which handles processing and marketing of byproducts such as whale meat. Japan carries out its whaling in two areas: the North-West Pacific Ocean (JARPN II) and the Antarctic Ocean (JARPA) Southern Hemisphere catch. The 2007/08 JARPA mission had a quota of 900 minke whales and 50 fin whales.^[60]

Major discoveries claimed by JARPA 1 include: finding the population structure of minke whales in the Antarctic is healthy; detecting change in the ecosystem of the Antarctic Ocean; finding "very low level" of contaminants in minke whales.^[61]

As consumption of fish in Japan has shrunk, Japanese fisheries companies have expanded abroad and started facing pressure from partners and environmental groups. Five large fishing companies transferred their whaling fleet shares to public interest corporations in 2006.^[62] In 2007, Kyokuyo and Maruha, two of Japan's four largest fishing companies, decided to end their sales of whale meat due to pressure from partners and environmental groups in the US.^[63][64]

The most vocal opponents of the Japanese push for a resumption of commercial whaling are Australia, New Zealand,and the United Kingdom, whose stated purpose for opposing whaling is the need for conservation of endangered species.^{[65][citation needed]}

In July 2004 it was reported^[66] that a working group of the Japan's ruling Liberal Democratic had drawn up plans to leave the IWC in order to join a new pro-whaling organization, NAMMCO, because of the IWC's refusal to back the principle of sustainable commercial whaling. Japan is particularly opposed to the IWC Conservation Committee, introduced in 2003, which it says exists solely to prevent any whaling. Any directives from the IWC are undertaken on a purely voluntary basis as state sovereignty means that there are few avenues by which international law can be enforced.

At an IWC meeting in 2006, a resolution calling for the eventual return of commercial whaling was passed by a majority of just one vote. There has been a failure to lift the ban on commercial whale hunting and Japan has since threatened to pull out of the International Whaling Commission (IWC).^[67]

In 2007 the IWC passed a resolution asking Japan to refrain from issuing a permit for lethal research in the Southern Ocean Whale Sanctuary - the main Japanese whaling area.^[68]

After a visit to Tokyo by the chairman of the IWC, asking the Japanese for their co-operation in sorting out the differences between pro- and anti-whaling nations on the Commission, the Japanese whaling fleet agreed that no humpback whales would be caught for the two years it would take for the IWC to reach a formal agreement.^[69]

Anti-whaling governments and groups have strongly opposed Japan's whaling program. Greenpeace argues that whales are endangered and must be protected. ^[70] The Japanese government maintains that certain populations are strong enough to sustain a managed hunt.^{[citation needed]} The 1985 IWC estimate put the Southern Hemisphere Minke whale population at 761,000 (510,000 - 1,140,000 in the 95% confidence estimate).^[71] A paper submitted to the IWC on population estimates in Antarctic waters using CNB gives a population of 665,074 based on Southern Ocean Whale and Ecosystem Research Programme (SOWER) data.^[72]

Research methodology has come under scrutiny as it has been argued that non-lethal methods of research are available^[73] and that Japan's research whaling is commercial whaling in disguise.^[74] The Japanese claim that the accuracy of tissue and feces samples is insufficient and lethal sampling is necessary.^[75]

A 2006 episode of the Australian Broadcasting Corporation's popular science show Catalyst, which strongly argued against whaling, reported that of the 18 year JARPA I program, which lethally obtained samples from 6800 whales, less than 55 peer-reviewed papers were produced, of which only 14 were claimed on the program to be relevant to the goals of the JARPA program, and that only four would require lethal sampling. Some of the research includes a paper named Fertilizability of ovine, bovine, and minke whales spermatazoa intracytoplasmically injected into bovine oocytes.^[76] Joji Morishita of JARPA has said the number of samples was required in order to obtain statistically significant data. More detailed list of Scientific papers presented to IWC up to 2005.[3]

Sea Shepherd contests that Japan, as well as Iceland and Norway, is in violation of the IWC moratorium on all commercial whaling.^[77]

Anti-whaling campaigners claim that the Japanese public does not support the government for its whaling policy^[78][79]. However, all the major political parties from the ruling LDP to the Japanese Communist Party do support whaling.^[80][81] The meat is also sought after at locations including Tokyo's famed Tsukiji fish market and restaurants.^[82]

Due to the proximity to Australia the government of Australia has been particularly vocal in its opposition to Japan's whaling activity in the Southern Pacific. In 1994, Australia claimed a 200-nautical-mile (370 km) exclusive economic zone (EEZ) around the Australian Antarctic Territory, which also includes a southerly portion of the IWC Southern Ocean Whale Sanctuary. In December 2007, the Rudd government announced plans to monitor Japanese whalers about to enter Australian waters in order to gather evidence against Japanese whalers for a possible international legal challenge^{[83][84][85][86]} and on January 8, 2008 the Australian government sent the Australian customs vessel Oceanic Viking to track and monitor the fleet.^[87]

The Japanese whaling fleet had several clashes with activists from the Sea Shepherd Conservation Society attempting to disrupt its mission in the summers of 2007-2008 and 2008-2009. On January 15, 2008 two activists members travelling on the MV Steve Irwin boarded the whaling ship Yushin Maru 2 without permission and were subsequently detained onboard the ship for a number of days. Japan claimed that four crew members on board a Japanese whaling ship in Antarctic waters were injured March 3, 2008 when the anti-whaling group threw butyric acid on board.^[88] Japan confirmed the later throwing of "Flashbang" grenades onto the Sea Shepherd ship, MV Steve Irwin by their whaling ship, Nisshin Maru. Japan also confirmed firing a "warning shot" into the air. The captain of the Steve Irwin, Paul Watson, claimed to have been hit in the chest by a bullet from a Japanese whaling ship crewmember, and a piece of metal was found lodged into his bullet-proof vest he was wearing at the time. ^[89] On February 7, 2009 the MV Steve Irwin collided with one of the two Japanese vessels as it was attempting to transfer a whale. Both sides claimed the other had been at fault.^[90][91][92]

On March 6, 2008 members of the International Whaling Commission met in London to discuss reaching an agreement on whale conservation rules.^[93] Japanese whalers and anti-whaling activists clashed in the waters near Antarctica on March 7, 2008, with each side offering conflicting accounts of the confrontation.^[94] The IWC called upon the Sea Shepherd Conservation Society to refrain from dangerous actions and reiterated its condemnation of any actions that are a risk to human life and property in relation to the activities of vessels at sea.^[95]

On March 8, 2008, Solomon Islands' Prime Minister Derek Sikua said that Japan had offered to pay for the country's delegates to attend the March 6, 2008 IWC meeting in London. Hideki Moronuki, the whaling chief at Japan's Fisheries Agency, denied the allegation saying, "There is no truth to it." He further stated that "Sikua may have confused the London meet with a seminar last week in Tokyo to which Japan invited delegates from 12 developing nations that have recently joined or are considering joining the IWC. Japan sometimes holds small seminars on whaling and invites delegates from countries. I wonder if Mr Sikua mixed up such seminars and IWC meetings,"^[96]

Official bodies

• Whaling Section, The Fisheries Agency of Japan
• The Institute of Cetacean Research
• The International Whaling Commission

Organisations

• Japan Whaling Association
• Greenpeace Japan
• Sea Shepherd Conservation Society
• Whales, dolphins, and porpoises at WWF International