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FROM: MR SLATER, ROOM 11/05, TOLLGATE HOUSE, BRISTOL
TO:
PGRICULTURE AND FISHERIES DEPARTMENT. HONG KONG GOVERNMENT
PROPOSED IMPORT OF KILLER WHALE FROM JAPAN
YOUR TELEX OF 15 AUGUST (REF NO MISC391) SOUGHT ADVICE ON THE POSSIBLE IWC IMPLICATIONS OF AN IMPORT INTO HONG KONG OF A LIVE KILLER WHALE FROM JAPAN.
AS A DEPENDENT TERRITORY HONG KONG IS TECHNICALLY COWERED BY INC REQUIREMENTS VIA UK MEMBERSHIP. THE INC HAS ONE SPECIFIC PROVISION WHICH RELATES TO KILLER WHALES WHICH STATES THAT THEY SHOULD NOT BE TAKEN OR KILLED BY WHALING FROTORY SHIRE OR VESSELS ALLIED TO THESE IF THE JAPANESE CAUGHT THE WHALE IN THIS FASHION THEY WOULD HAVE DONE SO ILLEGALLY, P SECOND AND IMPORTANT POINT IS THAT THE IWC HAS HAD IN FORCE SINCE 1986 A GENERAL MORATORIUM ON ALL COMMERCIAL WHALING. STRICTLY THIS MAY ONLY APPLY TO WHALES THAT ARE KILLED BUT IT IS AT LEAST ARGUABLE THAT LIVE CAPTURE GOES AGPINST THE SPIRIT OF THE INC DECISION: IT COULD BE HELD THAT. UNLESS THE ANIMAL HAS BEEN CAUGHT FOR THE EXPRESS PURPOSES OF CAPTIVE BREEDING AND FOR EDUCATION UNDER THE PROVISIONS OF THE CITES CONVENTION. A CAPTIVE WHALE IS NOT CONTRIBUTING TO THE REPLENISHMENT OF SAFEGUARDING OF THE STOCK IN THE WILD, 70
JAPAN ORIGINALLY LODGED A FORMAL OBJECTION TO THE MORATORIUM DESTSTON BUT LATER WITHDREW THIS UNDER INTERNATIONAL PRESSURE.
YOU SHOULD BEAR IN MIND THAT NOTWITHSTANDING THE LEGAL POSITION HE WOULD EXPECT THERE TO BE CONSIDERABLE NEGATIVE PHELICITY OF SUCH AN IMPORT: WE ARE AWARE THAT THE OPEENPERCE ORGANISATION ARE MONITORING THIS SITUATION CLOSELY AND STORIES THIS YEAR IN THE UK PRESS HAVE FOCUSED ADVERSELY ON KILLER WAALES HELD IN CAPTIVITY IN ICELAND. IN THIS LATTER CONTENT YOU SHOULD BE SATISFIED THAT YOU KNOW THE ORIGIN OF ANY SPECIMEN BEING CONSIDERED FOR IMPORT IN HONG KONG SINCE IT IS POSSIBLE THAT ANIMALS CAUGHT OFF ICELAND MAY HAVE BEEN SUBSEQUENTLY TRANSFERRED TO JAPAN AS A SPECULATIVE COMMERCIAL VENTURE. YOU SHOULD BY NOW HAVE RECEIVED FROM THE UK DEPARTMENT OF THE ENVIRONMENT A COPY OF THE REPORT OF THE STEERING GROUP ON DOLPHINARIA, THE STANDARDS OF ACCOMMODATION AND HUSBANDRY SET OUT IN THE SUMMARY OF RECOMMENDATIONS CANNER O F5B 73-77) WOULD BE THE CRITERIA AGAINST WHICH ANY PROPOSAL FOR IMPORT INTO UK OF CETACEA, INCLUDING KILLER WHALES WOULD BE JUOSED. UNTIL SUCH TIME AS THOSE STANDARDS ARE MET NO FUTURE APPLICATIONS FOR CITES IMPORT PERMITS WILL BE GRANTED. APPLICATIONS TO IMPORT CETACER WHICH HAVE BEEN CAUGHT AS A SPECULATIVE COMMERCIAL WENTURE HOULD NOT NORMALLY BE PERMITTED EVEN IF THE STANDARDS HAD BEEN MET,
OVERALL YOU ARE ROVISED THAT THE UK GOVERNMENT POLICY IS TO STRONGLY SUPPORT THE IWC MORATORIUM, AND INDEED WHALE CONSERVATION MORE GENERALLY, THAT ALLOWING AN IMPORT OF A LIVE KILLER WHALE WOULD CERTAINLY NOT BE WITHIN THE SPIRIT OF THE MORATORIUM AND MIGHT BE ARGUED TO BE TECHNICALLY OUT WITH IT AS WELL. THE UK GOVERNMENT WOULD NOT THEREFORE MISH TO BE ASSOCIATED WITH SUCH AN IMPORT.
REGARDS
B SLATER
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