A Whale of a Problem: Norway’s Whaling Industry and the International Whaling Commission

By Laura Stickney

The month of April marks the start of whaling season in Norway – one of the country’s most controversial practices. While much of the world thinks of commercial whaling as a relic of the distant past, a few countries still engage in the practice. In February of 2019, Norway’s Minister of Fisheries announced that the 2020 quota of permissible commercial minke whale kills will remain unchanged at 1,278 minke whales.[1] This announcement is in spite of a decades-long call for Norway to join the international pact to outlaw or strictly regulate the practice of harvesting whales, as well as a steep decline in demand for whale meat.[2]

The whaling industry dates back to the 11th century and was widely practiced throughout Europe and North America.[3] However, a combination of growing human populations and increases in whale hunting technology led to devastating losses in whale populations – particularly sperm and humpback whales.[4] This led to a global push for stricter regulation of the whaling industry and increases in funding for research of whale populations.[5] In 1931, 22 nations signed the first international whaling regulatory agreement, the International Convention for the Regulation of Whaling.[6] However, despite this major step in recognizing the need for regulation of whaling, major whaling countries – particularly Germany and Japan – continued to harvest whales without restriction, resulting in the killing of over 43,000 whales in a single year.[7] In 1946, the International Whaling Commission (IWC), organized under the International Convention for the Regulation of Whaling, was founded in Washington, D.C. “to provide for the proper conservation of whale stocks and thus make possible the orderly development of the whaling industry.”[8] The IWC humbly started with only 15 member countries agreeing to abide by the Commission’s guidance, but has since grown to the present 89 member countries “including whaling countries, ex-whaling countries, and countries that have never had whaling industries.”[9] The IWC continues to be the leading national authority on the regulation of the whaling industry.[10] In 1986, the IWC issued an indefinite global moratorium on commercial whaling in response to inhumane practices and continually decreasing populations.[11] The moratorium still remains in place today and is observed by almost all countries in the world.[12]

The two most notable countries that do not abide by the IWC’s guidance or the commercial whaling moratorium are Norway and Iceland – although several countries (including the United States) make minor exceptions for native populations that depend on whale harvesting for sustenance.[13] Japan also hunts whales, but claims it does so only for “scientific research purposes”, despite much of the whale meat still ending up being sold on the market.[14] For the past several years, Norway has been the leading harvester of whale.[15] Norway contends that it is not bound by the 1986 commercial whaling moratorium and maintains that whaling is an integral industry to its national economy and culture.[16] In defense of its quota of 1,278 minke whales, Norway argues that the quota “provides adequate security for sustainable catch on the minke whale stock” by measuring against the known population of minke whale in the surrounding waters.[17] In support of Norway’s stance, the minke whale is not endangered and is considered to be of “considerable abundance” by the IWC.[18] Proponents of Norway’s whaling industry also argue that allowing the minke whale population to grow without human harvesting will cause the whales to consume vast amounts of fish that other seafood industries rely on.[19]

Opponents to Norway’s whaling industry claim that the minke whale population is only in abundance because minke whale used to be considered less than desirable compared to the larger and more lucrative sperm and humpback whale, which have been hunted to near extinction causing whalers to resort to the smaller minke whale.[20] The argument follows that proactive regulation for the protection of the minke whale should take place in Norway before the population reaches that of the sperm and humpback.[21] Opponents also contend that the population data relied on to create the minke whale quota is flawed, as it is considerably difficult to ascertain the population of such migratory creatures.[22] Also, the domestic market for whale meat is at an all-time low, with the primary consumers of whale products aging and younger consumers not taking interest in the controversial meat.[23] This means that much of the whale meat being harvested in Norway is actually being exported, oftentimes as animal feed in the fur industry.[24]

Regardless, Norway clings to its industrial and cultural roots in commercial whaling despite decades of international call to halt the practice. These opposing views circle the age-old debate of laws regulating the taking of at-risk species – whether it is better to allow the takings while the population prospers, or preemptively protect species that have a history of endangerment. It is unlikely that Norway will discontinue its harvesting of minke whales, so in the meantime reliable data and IWC guidance advising the determination of takings quota will have to do to protect the population.

#Stickney #Whaling #Norway #InternationalLaw

[1] Minister of Trade & Industry Press Release (Norway), https://www.regjeringen.no/no/aktuelt/uendret-vagehvalkvote-i-2020/id2680523/ (hereinafter Press Release).

[2] Whaling in Norway, Whale and Dolphin Conservation, https://us.whales.org/our-4-goals/stop-whaling/whaling-in-norway/.

[3] A History of the International Whaling Commission (IWC), WWF, https://wwf.panda.org/knowledge_hub/endangered_species/cetaceans/cetaceans/iwc/history/.

[4] Id.

[5] Id.

[6] Id.

[7] Id.

[8] History and Purpose, International Whaling Convention, https://iwc.int/history-and-purpose (hereinafter IWC).

[9] See WWF, supra note 3.

[10] Id.

[11] Commercial Whaling, International Whaling Convention, https://iwc.int/commercial.

[12] Id.

[13] Melissa Hogenboom, Why Do Some Countries Still Hunt Whales?, BBC (Dec. 3, 2015), http://www.bbc.com/earth/story/20151203-why-do-some-countries-still-hunt-whales.

[14] Norway Boosts Whaling Quota Despite International Opposition, The Guardian (March 7, 2018), https://www.theguardian.com/environment/2018/mar/07/norway-boosts-whaling-quota-international-opposition.

[15] Norway Kills More Whales Than Any Other Country, Roaring Earth, https://roaring.earth/norway-kills-more-whales-than-any-other-country/.

[16] Id.

[17] See Press Release, supra note 1.

[18] Minke Whale, International Whaling Commission, https://iwc.int/minke-whale.

[19] Whaling in Norway, supra note 2.

[20] Id.

[21] Id.

[22] Id.

[23] See Roaring Earth, supra note 15.

[24] Id.