under the purview of the Commission. And it is also noteworthy that ‘great’ whales
is more of a normative than size-dependent term: after all, some toothed whales, such
as the bottlenose whale (Hyperoodon ampullatus) or the Baird’s beaked whale
(Berardius bairdii) either reach or even exceed the size of different minke whale
species while a rather large number of toothed whales also exceed the size of pygmy
right whales (Caperea marginata). Irrespective of size, neither the Convention nor
its Schedule define the term ‘whale’. Instead, the Schedule defines ‘baleen’ and
‘toothed’ whale, and explicitly sets catch limits for baleen whales and all the species
it defines as being included in the term. It also explicitly sets catch limits for sperm
whales. Hence, it does not set catch limits for toothed whales or other small
cetaceans.
Bearing the above in mind, it is consequently incorrect to assume that the IWC is
the watchdog over all whaling activities worldwide and that all whales are protected
from hunting based on this organisation. Small cetaceans, killer whales and other
dolphin and whale species fall under other regimes that regulate either their take or
provide means for their protection. First and foremost, however, it is national
legislation which regulates the taking of small cetaceans. A good example in this
regard is the case of the critically endangered vaquita porpoise (Phocoena sinus)
whose numbers range below 30 in the Baja California and whose numbers have
dramatically declined due to the effects of by-catch in the Mexican totoaba (Totoaba
macdonaldi) fisheries. Even though the issue of the vaquita has surfaced on the IWC
agenda and a working group has been established to provide information and support
for the species’ protection, it lies primarily with Mexico to prevent the vaquita from
going extinct.
5.3.2 The Organisational Set-up of the IWC
The IWC is an organisation that currently has 88 member states. This means that
there are 88 states which are bound by the decisions taken by the IWC. All other
states, in principle, can go whaling unimpeded and based on their own data and
regulations. The membership of the IWC has not increased steadily, however, but
has undergone fluctuations. Only towards the 1980s, a sharp rise in membership can
be noted, followed by an even sharper rise in the new century (see Fig. 5.1).
While at first ten states ratified the convention and thus were IWC members, up
until the late 1970s this number did not exceed twenty and also fluctuated quite
notably. This means that states joined the IWC and then withdrew and possibly
rejoined—such as countries like the Netherlands, New Zealand, Brazil or Iceland. At
the same time, other states joined, so that the trend of membership constantly went
up. A turning point was the time in the early 1980s when membership almost
doubled within just a few years. This was the time when the so-called whaling
moratorium was adopted, which we will get to know better below. Similarly, in the
early 2000s towards 2019, membership increased dramatically with Liberia being
the latest country to join the IWC in 2018. Thus, once the IWC establishes certain
binding rules upon its members, these are contractually bound to them. Countries
90
5 The International Legal Framework for Whales
is more of a normative than size-dependent term: after all, some toothed whales, such
as the bottlenose whale (Hyperoodon ampullatus) or the Baird’s beaked whale
(Berardius bairdii) either reach or even exceed the size of different minke whale
species while a rather large number of toothed whales also exceed the size of pygmy
right whales (Caperea marginata). Irrespective of size, neither the Convention nor
its Schedule define the term ‘whale’. Instead, the Schedule defines ‘baleen’ and
‘toothed’ whale, and explicitly sets catch limits for baleen whales and all the species
it defines as being included in the term. It also explicitly sets catch limits for sperm
whales. Hence, it does not set catch limits for toothed whales or other small
cetaceans.
Bearing the above in mind, it is consequently incorrect to assume that the IWC is
the watchdog over all whaling activities worldwide and that all whales are protected
from hunting based on this organisation. Small cetaceans, killer whales and other
dolphin and whale species fall under other regimes that regulate either their take or
provide means for their protection. First and foremost, however, it is national
legislation which regulates the taking of small cetaceans. A good example in this
regard is the case of the critically endangered vaquita porpoise (Phocoena sinus)
whose numbers range below 30 in the Baja California and whose numbers have
dramatically declined due to the effects of by-catch in the Mexican totoaba (Totoaba
macdonaldi) fisheries. Even though the issue of the vaquita has surfaced on the IWC
agenda and a working group has been established to provide information and support
for the species’ protection, it lies primarily with Mexico to prevent the vaquita from
going extinct.
5.3.2 The Organisational Set-up of the IWC
The IWC is an organisation that currently has 88 member states. This means that
there are 88 states which are bound by the decisions taken by the IWC. All other
states, in principle, can go whaling unimpeded and based on their own data and
regulations. The membership of the IWC has not increased steadily, however, but
has undergone fluctuations. Only towards the 1980s, a sharp rise in membership can
be noted, followed by an even sharper rise in the new century (see Fig. 5.1).
While at first ten states ratified the convention and thus were IWC members, up
until the late 1970s this number did not exceed twenty and also fluctuated quite
notably. This means that states joined the IWC and then withdrew and possibly
rejoined—such as countries like the Netherlands, New Zealand, Brazil or Iceland. At
the same time, other states joined, so that the trend of membership constantly went
up. A turning point was the time in the early 1980s when membership almost
doubled within just a few years. This was the time when the so-called whaling
moratorium was adopted, which we will get to know better below. Similarly, in the
early 2000s towards 2019, membership increased dramatically with Liberia being
the latest country to join the IWC in 2018. Thus, once the IWC establishes certain
binding rules upon its members, these are contractually bound to them. Countries
90
5 The International Legal Framework for Whales