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The Convention on International Trade in Endangered Species (CITES) of Wild Fauna and Flora regulates the export and import of endangered plants and animals between countries. All species under this regulation fit under three categories: Appendix I, Appendix II, and Appendix III (CITES Appendices, 20072007a). Appendix I includes species threatened by extinction; export and import permits (distributed by the Management Authority of the State) are required. Appendix II includes species in which trade must be controlled against utilization which threaten survival; only export permits are required in this group. Appendix III includes species that are protected by at least one country which has asked for assistance regarding trade; export permits and certificates of origin are required for such species. Cetacean species under Appendix I include the bowhead whale, right whale, humpback whale, roqual whale, grey whale, pygmy right whale, sperm whale, beaked whales, bottle-nosed whales, dolphins, river dolphins, and porpoises (Appendices I, II, and III, 2007CITES, 2007b). All other species of whales are listed under Appendix II.
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Objections to any decision made by the IWC can be raised, provided that it be done within ninety days of notification of the decision, in which case other countries will have further time to object (Commission InformationIWC, 20072007b). Both Norway and Iceland currently continue with their commercial whaling industry under claims that the decision to set zero catch limits adversely affect respective national interests and thus do not apply. However, such objections were not made until years after the decision was made by the IWC; therefore, legal issues exist regarding this disregard of the moratorium.
However, studies commissioned by the International Fund for Animal Welfare (IFAW) and the Iceland Nature Conservation Association (INCA) have shown that demand for whale meat is very minimal in Iceland and Norway (International Fund for Animal WelfareIFAW, 2007). In addition, regulations set by CITES should prevent the export of whale meat to other countries - consumption of whale products should be limited to the country in which the whale was hunted; Japan, the country with the leading demand for whales, would not be allowed to import any whales. With this combination, Iceland and Norway should have no reason to continue with their commercial whaling endeavors.
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Despite the zero catch limit set by the IWC, individual nations can still issue scientific permits that allow the lethal hunting of whales for research purposes. The right to issue such licenses are under the control of each nation and override any other Commission regulation, including the moratorium and sanctuaries (Scientific PermitsIWC, 20072007c). Currently, only Japan, Iceland, and Norway are utilizing this right to kill whales for scientific research. Accusations have been made by several third-party organizations, stating that these permits have been used as a loophole to the IWC moratorium and that the whales caught during such research are being killed for commercial use. Japan has denied such claims.
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Several aboriginal communities that depend on whale meat for nutrition have been allowed to hunt whales, with catch limits set by the IWC (Catch LimitsIWC, 20072007a). An Aboriginal Whaling Scheme will be established and will comprise the scientific and logistical aspects of the management of all aboriginal fisheries.
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