AWI Comments on Cetacean

Welfare Issues

The Animal Welfare Institute (AWI) welcomes discussion paper IWC/65/WKM&AWI05 to address In light of this, we encourage contracting cetacean welfare within the IWC. governments to the IWC to advance the discussion on welfare with the following The IWC took its first step towards suggestions: addressing the welfare of whales in 1959 when it reviewed the efficacy of weapons 1. Increase welfare expertise within the then in use in whaling operations. Today IWC: the IWC is concerned with, and is actively seeking to mitigate, a wide range of To date, other than the chairmanship of threats to the welfare of cetaceans some workshops, the Commission’s work beyond whaling. on welfare is not led by an expert in animal welfare—the chair of the working These include vessel strikes, bycatch in group is elected from among serving fishing gear and entanglement in, and Commissioners or their delegations. ingestion of marine debris. The IWC is also considering the best and most humane While no criticism of the competence of methodologies to euthanize whales. past or present WKMAWI-WG chairs is Consequently, it is time for the terms of implied, AWI suggests that an reference and action plan of the Whale independent expert in a relevant Killing Methods & Associated Welfare discipline (such as veterinary science, Issues Working Group (WKM&AWI-WG), whale physiology, or neuro-anatomy) to reflect the broadening of the IWC’s could chair the WKMAWI-WG and take a welfare mandate. more active role intersessionally in ensuring that progress is made in the AWI therefore strongly supports the work assigned to the WKMAWI-WG, that proposal of the Intersessional Working relevant data is submitted, reports are Group on Welfare to revise the terms of prepared and published, and any requisite reference of the WKM&AWI-WG and the workshops are organized and scheduled. current WG-WKM&AWI Action Plan to better reflect current considerations of AWI also suggests that, building on the welfare within the IWC. successful secondment of an entanglement expert from the US to the We also strongly support the suggestion Secretariat, the Commission consider to second welfare experts to the IWC and seeking the secondment of a dedicated involve more welfare experts, both welfare adviser to the Secretariat, or within and outside the IWC, to assist its dedicate funds to establish a permanent deliberations and request that position within the Secretariat. contracting governments to the IWC support these efforts. AWI also recommends that the IWC invite a permanent observer from the

Organization on Animal Health (OIE) to expertise in animal welfare science attend its meetings. pertinent to work being undertaken by the Commission. Progress on this The Commission clearly envisaged that recommendation will be reported at the the Humane Killing Working Group it 2014 meeting when the Commission will created in 1982 would be a “technical” also decide on the topics of future working group, recommending in 1983 technical workshops. that “appropriate experts be brought by contracting governments to such working 2. Seek external collaboration with group meetings and that provision be welfare experts: made for invited experts also to attend.” It has expressed the same intention for Just as inviting welfare experts would independent experts to be invited to bring fresh perspectives to welfare workshops, in addition to those who discussions within the IWC, the IWC’s attend on national delegations, even consideration of welfare issues also would specifically recommending that experts be benefit from external collaboration with invited “in such subjects as engineering, independent experts and institutions. To electronics, ballistics, munitions, this end, the Commission agreed in 2012 explosives, pharmacology, etc,”. to direct the Secretariat to recommend “opportunities for constructive co- Despite this, all working group and operation with other relevant animal workshop participants, other than two welfare bodies.”2 invited experts in 1980, have been representatives of national delegations— It is anticipated that these will include the undoubtedly experts in their field but, by OIE, which has extensive expertise in all explicit agreement of the parties in 1988, matters relating to animal welfare. They only submitting papers “sponsored” by a might also include institutions dedicated contracting government.1 to animal welfare in the European Union (EU), such as the Animal Welfare/Health Given the longstanding polarization of Framework or the EU’s developing positions within the WKMAWI-WG—and network intended to provide technical the expectation that a delegation’s choice and scientific assistance to authorities and of experts will reflect a nationally-held stakeholders on animal welfare and position—it is hoped that the inclusion of protection issues, and relevant academic mutually acceptable, independent, institutions. experts in both WKMAWI-WG and workshop meetings will bring new To facilitate such “constructive perspectives, skills and information to the cooperation,” AWI recommends that the discussions. Ultimately it is hoped that IWC consider hosting specific workshops they will help resolve complex in conjunction with other bodies such as disagreements. The Commission took a OIE; this would maximise the contribution step in this direction in 2012 when it of specialists in animal welfare, adding directed the Secretariat to develop a value and credibility to the analyses database of external contacts with

1 2 IWC/40/18. Report of the Humane Killing Working Annual Report of the International Whaling Group, 1988. 1 Commission, 2012. 35

conducted as well as the evidence-based the IWC resolve one of its longstanding solutions proposed. disagreements over a highly technical issue such as identification of the moment 3. Increase collaboration within the IWC that a struck whale becomes irreversibly on welfare issues: insensible or dies—a question which has challenged the IWC for decades. It has previously been suggested by the United Kingdom that animal welfare The Commission agreed in 2004 that the considerations be integrated into all current IWC criteria for determining the relevant aspects of the IWC work.3 This onset of death or irreversible insensibility could be achieved by including guiding are inadequate and has repeatedly principles on animal welfare in the terms instructed workshops to develop new, of reference of all its sub-bodies. On a practical, criteria. However, this has not practical level greater integration would yet been possible. Typically, discussion of be facilitated by structuring biennial this issue in the WKMAWI-WG and meetings so that any discussions of workshops takes place mainly between a welfare issues taking place in other IWC few experts who represent a small sub-bodies could be considered by the handful of countries without an WKMAWI-WG before being reported, independent expert to evaluate their data with any relevant recommendations, to and analyses or to adjudicate the the Commission. Since the WKMAWI-WG outcome of the debate. already meets in the week before plenary, it could be scheduled to meet last, after AWI suggests that the Commission refer the Aboriginal Subsistence Whaling Sub- this specific question (and all the existing committee, Infractions Sub-committee literature) to one or more mutually- and Conservation Committee, in order to agreed independent animal welfare consider items arising from their experts. For example, the IWC could ask meetings. The new publication timetable the OIE to establish an international for the Scientific Committee report allows panel of specialists in veterinary science, ample time for welfare-related issues perhaps with expert testimony from arising in the Scientific Committee to be ballistics experts, to review the existing considered by the WKMAWI-WG before science with a view to proposing new the Commission meeting. criteria.

4. Refer an intractable question to Referral of intractable questions to an external experts: outside expert is not unprecedented at the IWC; indeed this was a primary The fourth objective of the Intersessional strategy in the Future of the Commission Working Group on Welfare is to “identify discussions. Similarly, the IWC could direct any important issues relating to good funds to independent field research to animal welfare that would benefit from address and outstanding question, as it future technical workshops”. AWI suggests did in the 1980s when it commissioned a that such a workshop, if it were to include veterinarian to undertake a “systematic external experts, could be used to help investigation and evaluation of the

3 IWC/64/WKM&AWI 3. Report of the Intersessional Workshop on Welfare and Recommendations for Future Work, 2012. Submitted by the United Kingdom.

efficiency of present methods of killing minimum of pain and distress—a joint whales” in different fisheries.4 objective memorialized as a working definition of “humane killing” in 1980.5 In IWC mandate for welfare: recent years, the IWC has built upon this foundation to consider other, non-hunting Some contracting governments argue that related, threats to the welfare of whales the IWC does not have a mandate to and cetaceans generally. address welfare issues. In response to such claims, we urge contracting That the IWC did not exercise its original governments to make the following welfare mandate to its full potential from arguments: the outset does not mean that it cannot exercise that authority now, particularly Although drafted at a time when society as new information has become available did not prioritize animal welfare as an and as circumstances—and global and issue of significant concern, the 1946 societal norms—have changed over its International Convention for the long history. The Vienna Convention on Regulation of Whaling (ICRW or treaty) the Law of Treaties (VCLT)6 establishes the empowers the Commission that it created rules for interpreting the ICRW’s mandate: to undertake research and collect data In addition to considering the ordinary related to whales and methods used to kill meaning of the terms of the treaty in their them: Article IV. 1 of the ICRW provides context and in light of its object and that the Commission “may encourage, purpose, interpretors must also consider recommend or organize studies and subsequent practice by the parties.7 investigations relating to whales and whaling”. The evolution of the IWC’s consideration of the welfare of whales over the last 65 The ICRW also mandates the Commission years is consistent with global to adopt measures to improve the developments in scientific understanding efficiency of whaling methods and of animal physiology, sentience, and pain equipment: Articles V.1 (f) and (e) permit over the same period. This evolving the Commission to “amend the Schedule understanding of animals’ welfare and the to prohibit or specify the types of gear and need to treat animals humanely by its apparatus to be used in whaling contracting governments has, in large operations” as well as to adopt part, persuaded the IWC to expand its regulations “fixing the … methods and welfare welfare. Societal concerns about intensity of whaling”. animal welfare are now so prominent that animal welfare has become an established Since the late 1950s, these treaty scientific discipline in its own right. provisions (although not always explicitly cited) have provided the Commission with the legal foundation for a series of decisions and initiatives to better understand and improve the efficiency of 5 Report of the workshop on Humane Killing Techniques whaling methods so that hunted whales for Whales. Presented to the 33rd meeting of the IWC as are killed as swiftly as possible and with a paper IWC/33/15 6 Vienna Convention on the Law of Treaties, May 23, 1969, U.N. Doc. A/CONF. 39/27. 1155 U.N.T.S. 331 4 Chairman’s Report of the 30th Annual Meeting of the (entered into force Jan. 27, 1980). International Whaling Commission, 1979. 27 7 Article 32, VCLT