HSI hopes to stop Japanese whaling in Australian waters

[Guest guest]

Whale blood 'in Australian water'

http://www.news.com.au/common/story_page/0,4057,11114015%255E421,00.html

 

By Susan Brown

October 19, 2004

 

A JAPANESE whaling fleet has killed more than 400 minke whales while

illegally operating inside Australia's whale sanctuary over the past

four years, an Australian court will be told today.

 

Protest ... Greenpeace protestors hassle a whaling ship / File pic

 

In an unprecedented move, conservation group Humane Society

International will today file an action in the Federal Court against

Japan's last remaining whaling company, Kyodo Senpaku, offering evidence

of the killings.

 

The group is seeking a declaration the whaling has occurred illegally

and a restraining order against what it says are the company's plans to

hunt more whales in the 200 nautical-mile exclusion zone this season.

 

Sydney barrister Stephen Gageler SC will argue HSI's case, which, if

successful, could embarrass the company and the Japanese Government,

which HSI claims paid the whalers more than $12 million.

 

It could also push the Howard Government into more actively protecting

whales within Australian waters, HSI spokeswoman Nicola Beynon said.

 

Ms Beynon's affidavit, to be presented to the court, claims about 428

whales have been taken illegally in the waters off Antarctica since

2000. These waters, within 200 nautical miles of Australia's Antarctic

Territory, form part of Australia's exclusive economic zone and the

Australian Whale Sanctuary.

 

The conservation group is relying on third-party rights under the

Federal Environment Protection and Biodiversity Conservation Act, under

which an entity is guilty of a criminal offence if it recklessly kills

or injures or intentionally takes a cetacean.

 

" The Act came into force in 2000 and we quickly started to collect

evidence in preparation to run this case, " Ms Beynon said.

 

" We don't do something like this lightly and we are confident we can win

it. Our figures err on the conservative side and the case is pretty

clear cut.

 

" Japan reports annually to the International Whaling Commission on its

so-called scientific research, including maps and detail of each kill.

 

" It is very clear when you overlay the maps to see they are killing more

than a quarter of them within the Australian whale sanctuary. "

 

Kyodo Senpaku was formed by the amalgamation of two large commercial

fishing companies in 1987 after the IWC imposed a ban on all commercial

whaling in 1986.

 

Under IWC rules, Japan claims it is entitled to catch 440 whales in

southern waters each year for scientific purposes, though whale meat

continues to end up on Tokyo's supermarket shelves. Other nations,

including Australia, dispute Japan's right to a scientific catch.

 

Ms Benyon said that apart from an incident on January 1, 2002, when the

Aurora Australis found a whaling ship inside Australian waters and asked

it to leave, no action has been taken to stop the practice inside our

sanctuary.

 

" Kyodo are committing an offence on an annual basis, " she said. " They

are slaughtering whales in an area where they are protected by law. "

 

The HSI will seek a hearing on whether the case can go ahead.

 

The Australian