Paul Watson: Chasing the whalers - part 3

Paul Watson

Three ships continue to chase the Japanese whaling fleet along the coast of Antarctica

The Greenpeace ship Esperanza is the fastest vessel and is keeping on the tail of the Nisshin Maru.

The Greenpeace ship Arctic Sunrise and the Sea Shepherd ship Farley Mowat are running flanking positions in an effort to spot the Japanese harpoon vessels which have been out of sight for days.

The conservation ships are sweeping the along the coast corridor with radar and helicopter reconnaissance flights with the objective of ferreting out the positions of the illegal harpoon vessels.

There is no question that the Japanese fleet is on the run, speeding westward. And there is no evidence of any whaling activity taking place since Christmas day.

We have certainly made an impact down here against these pirate whalers. They are being harassed and they know they are being harassed.

Meanwhile Australian Environment Minister Ian Campbell is accusing Sea Shepherd of endangering the factory ship Nisshin Maru on Christmas Day.

The video clearly shows that it was the Farley Mowat that had the right of way and the Nisshin Maru attempted to ram our ship. Despite the evidence, when the Japanese complain, Campbell goes running to appease Tokyo. Is there no limit to how low these politicians will go to kow tow to Japan over trade agreements?"

Sea Shepherd has officially requested the presence of an Australian naval vessel to monitor the activities in the Southern Ocean.

Ian Campbell has refused to send a naval vessel on the grounds that Japan does not recognise the Australian Antarctic Territory.

The question must be asked : Does Australia claim the Australian Antarctic Territory or not? If not then the name should be taken off the maps and charts and the area surrendered to Japanese exploitation.

Sea Shepherd Conservation Society has received a tip from a reliable source in Japan, that Japan has dispatched a warship to the Southern Ocean for the purpose of protecting their whaling fleet from interference by whale conservation activists.

This may explain why the Japanese fleet has not been whaling since December 24. The fleet seems to be running in circles, stopping and going in different directions.

The Japanese Institute of Cetacean Research has made an open accusation of piracy and eco-terrorism against the Greenpeace Foundation and Sea Shepherd Conservation Society. If Japan adopts the false accusations that acts of piracy have been committed against their ships, they can use the accusations as an excuse under international law, to attack and seize the ships they accuse.

Article 105 of the Law of the Sea states, in part:

Seizure of a pirate ship or aircraft
On the high seas, . . . every State may seize a pirate ship . . . The courts of the State which carried out the seizure may decide upon the penalties to be imposed . . .

Japan may present an argument that they have grounds to intervene. Hiroshi Hatanaka, the Director General of the Institute of Cetacean Research, specifically cites Article 101 of the Law of the Sea. Articles 101 and 103 of the Law of the Sea state, in part:

Articles 101 – Definition of piracy
Piracy consists of any of the following acts: (a) any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed: (i) on the high seas, against another ship or aircraft, or against persons or property on board such ship; . . .

Articles 103 – Definition of a pirate ship or aircraft 
A ship or aircraft is considered a pirate ship or aircraft if it is intended by the persons in dominant control to be used for the purpose of committing one of the acts referred to in article 101. . . .

In effect, all the Japanese have to do is decide that Greenpeace and Sea Shepherd ships are in violation of Article 101 to intervene. It gets complicated because Article 105 only permits seizures on the high seas and the Japanese fleet is actually operating not on the high seas but in the waters of the Australian Antarctic Territory. However, Japan does not recognise this territory and may see a military intervention in Australia's seas as a test for challenging Australian sovereignty.


* Paul Watson is founder and president of the Sea Shepherd Conservation Society.

* Three New Zealanders are among the 43 crew of Farley Mowat: Shayne McGrath and brothers Simeon and Willie Houtman.