You Are Here:
Japanese Whaling ship outlawed
Following Greenpeace Action in the Southern Ocean
the Southern Ocean and to ship whale meat back to Japan. It was fined the maximum penalty, after being ruled in violation of a number of domestic
and international regulations by Panamanian authorities on October 8th
relating to its permissible use, the safety of human life and the
preservation of the marine environment (1).
This follows action by Greenpeace activists against the Oriental Bluebird in the Southern Ocean Whale Sanctuary in January 2008 (2) and a concerted campaign by environmental groups in Panama (3). The maximum fine of 10,000 Balboas (AUD$16,000) was imposed on the owners of the ship, Hiyo Shipping Co. Ltd, in Japan who have subsequently removed its Panamanian registration and flag.
The whaling fleet, including the Oriental Bluebird is currently docked
in Shimonoseki, from where it is due to depart on its so-called
scientific whale hunt in the next few weeks. The Japanese government has this year added an extra 800 million yen (AUD$13 million) for a coastguard ship to act as so-called “protection” for the fleet.
"The Oriental Bluebird has now become an international pariah vessel,
and its owners will be urgently looking for a new flag State which will
condone its breaches of environmental treaties. It would make a mockery
of international law if Japan continued to rely on the services of this
vessel,” said Sara Holden, Greenpeace International Whales Campaign
coordinator. “We are delighted that Panama has found the vessel guilty.
Japan must now do the same, not just by mothballing the Oriental
Bluebird, but by retiring the entire whaling fleet. The international
community has a responsibility to hold Japan to this.”
Japan has ratified an international treaty (4) which seeks to end the
practice of ‘re-flagging’ vessels in order to circumvent international
environmental law. The treaty bars Japan from authorising a ship to
participate in the exploitation of marine living resources for at least
three years, if that ship has changed its flag after being found in
breach of international conservation measures.
Meanwhile, two Greenpeace activists, Junichi Sato and Toru Suzuki, are still under house arrest in Japan and face up to ten years in jail, for exposing an embezzlement scandal at the heart of the whaling programme. More information at http://www.greenpeace.org/tokyo-two
Notes to Editor
1. Laws cited in the Oriental Bluebird ruling of October 8th are:
Decree-law Nº7, February 10, 1998 - Panama Maritime Authority creation, and other dispositions.
Law Nº 2, January 17, 1980 - Creation of Directorate General of Merchant Marine, and other dispositions.
International Convention for the Safety of Life at Sea (SOLAS)International Convention for the Prevention of Pollution from Ships (MARPOL)
2. ASVEPA (Panama Green Association) and FSOCIAM (Environmental and Civil Society Forum, NGOs Coalition)
3. On January 22nd 2008, Greenpeace activists positioned an inflatable boat between the Oriental Bluebird and the whaling factory ship, the Nisshin Maru in order to stop both the refuelling of the Nisshin Maru and the transfer of whale meat to the Oriental Bluebird.
4. FAO Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas (FAO Compliance Agreement) – a binding treaty to which Japan is a party:
Article III(5)(a). No Party shall authorize any fishing vessel previously registered in the territory of another Party that has undermined the effectiveness of international conservation and management measures to be used for fishing on the high seas, unless it is satisfied that
(i) any period of suspension by another Party of an authorization for such fishing vessel to be used for fishing on the high seas has expired; and
(ii) no authorization for such fishing vessel to be used for fishing on the high seas has been withdrawn by another Party within the last three years.
(b) The provisions of subparagraph (a) above shall also apply in respect of fishing vessels previously registered in the territory of a State which is not a Party to this Agreement, provided that sufficient information is available to the Party concerned on the circumstances in which the authorization to fish was suspended or withdrawn.
A fishing vessel is defined in the FAO Agreement as “any vessel used or intended for use for the purposes of the commercial exploitation of living marine resources, including mother ships and any other vessels directly engaged in such fishing operations.” As Panama has ruled the Oriental Bluebird has violated international environmental agreements, Japan should not now use the ship for its whaling programme.
For further information or comment
Carolin Wenzel Greenpeace Media Officer: 0417 668 957
