Press Release from the Ministry of Fisheries and Agriculture on Whaling

2/18/09

18 February 2009

Work has been underway recently at the Ministry of Fisheries and Agriculture on reviewing and reassessing the decision by the former Minister, authorising the hunting of fin whales and minke whales over the next five years with the issue of a Regulation and four licenses on 27 January this year.Extensive consultations have been held with representatives of various interests and opinions, and with the Icelandic Marine Research Institute (MRI).The advice of Supreme Court Attorney Ástráður Haraldsson was sought concerning the legal aspects of the matter.

The outcome of these efforts is as follows:

• The attorney criticised the procedure followed by the former Minister in issuing the Regulation, and considers the legal basis for its issuance and for whaling in general to be weak; the Whaling Act dates from 1949. Nonetheless, it is his conclusion that the Icelandic state is bound by the decision in principle resulting from the issuance of the Regulation, and therefore that the current Minister of Fisheries and Agriculture cannot repeal the Regulation or revoke the basic decision inherent in it of authorising whaling. On the other hand, the Minister may alter the Regulation and make various substantive changes to the rules which apply to this whaling. These could concern, for instance, licenses, the whaling period and authorised hunting areas. It also applies to rules which may be set on the basis of the Whaling Act to safeguard the interests of other parties and to reduce as far as possible the disturbance which may result from the hunting and processing of whales.
• The decision on whaling stands unchanged for the current year. However, whalers can clearly not assume that the decision taken by the previous Minister will remain unchanged for the next four years. The government intends to follow the progress of whaling and related matters closely and reserves every right to intervene if premises change.
• The basis for whaling will be reassessed and this work shall be concluded before preparations begin for the 2010 whaling season. The reassessment will include, for instance, research on the macroeconomic importance of whaling, which will evaluate the relative weight of various interests. Discussions have begun with the Economic Institute of the University of Iceland to undertake this project in collaboration with other parties.
• The Whaling Act of 1949 will be reviewed this winter. A three-person committee has been appointed for this purpose, with the intention of submitting a new bill for comments during this session. The committee’s first task, however, will be to review the present allocation of minke whale licenses to ensure non-discrimination in their allocation, having regard to objections raised by the Parliamentary Ombudsman.
• Specific ocean areas will be demarcated for whale watching, where all whaling will be prohibited. This is done by virtue of the Act and to prevent clashes between these two industries. Finally, the Ministry will seek to confirm that all parties intending to pursue whaling and process whale products have obtained in advance all other specific permits and licenses required for such activities. In addition, it will be ensured specifically that waste disposal measures are acceptable and comply with law.

Ministry of Fisheries and Agriculture
February 18th 2009