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Tuesday, 7 February 2012
Page: 286

Whaling

(Question No. 1277)

Senator Bob Brown asked the Minister representing the Minister for Foreign Affairs, upon notice, on 13 October 2011:

In regard to the Japanese Government's recent announcement that it will send whaling ships to the Southern Ocean again in 2011 with a 'patrol boat' from the Fisheries Agency to strengthen protection:

(1)   Can a copy be provided of the Australian Embassy's translation of the comments from the Japanese Minister of Agriculture, Forestry and Fisheries about Japan's intention to send whaling ships and a patrol boat to the Southern Ocean in 2011.

(2)   Does the Australian Government know what sort of military capabilities the Japanese patrol boat has.

(3)   If it is a Hayabusa class patrol boat, is it true that such a vessel has three gun housings and surface-to-surface missiles.

(4)   If it is a long-range Shikishima class patrol boat: (a) is it true that it has a helicopter pad; and (b) does this sort of vessel have military capabilities; if so, can details be provide ovided.

(5)   Has the Australian Government sought clarification on what Japan's Minister meant when he said the patrol boat was being sent to 'strengthen the protection given to the research whaling ships'.

(6)   Has the Australian Government taken legal advice on its duty of care to activists protecting whales in Australia's territorial waters and the Southern Ocean Whale Sanctuary; if so, did the legal advice detail any duty on Australia's behalf to send its own patrol boat to ensure the Japanese vessel does not endanger peaceful protests in its territorial waters.

(7)   Has the Australian Government had discussions with the New Zealand Government following Japan's announcement that it will strengthen the protection of its fleet and the public comments made by the New Zealand Minister of Foreign Affairs about the danger this could pose; if so, who was involved and when did they occur.

Senator Conroy: The Minister for Foreign Affairs has provided the following answer to the honourable senator's question:

(1)   Yes. A copy is attached of the Australian Embassy in Tokyo's translation of the press statement given by Japanese Minister of Agriculture, Forestry and Fisheries Michihiko Kano on 4 October 2011.

(2)   The Japanese Government has advised that it will send an additional Japan Fisheries Agency vessel to the Southern Ocean. Japan has advised that the vessel will not be a military or Coastguard vessel, nor will it have military capabilities.

(3)   Japan has advised that the vessel will not be a military or Coastguard vessel, nor will it have military capabilities.

(4)   Japan has advised that the vessel will not be a military or Coastguard vessel, nor will it have military capabilities.

(5)   Yes. The Australian Embassy in Tokyo has sought clarification of Minister Kano's statement from Japanese officials. The Japanese Government has advised that the additional Japan Fisheries Agency vessel will be sent to the Southern Ocean for the purpose of supervising the activities of the whaling fleet on behalf of the Japan Fisheries Agency. Japan has indicated that it will not provide any further public information on the vessel's role.

(6)   The Government has not obtained specific legal advice on this question. Under international law it is the duty of the master of a vessel to operate the vessel in accordance with international law and to ensure the safety of human life at sea. Australia has repeatedly called upon all parties involved to exercise restraint and ensure safety. Australia has fulfilled and will continue to fulfil all its international legal obligations arising from events in the Southern Ocean.

(7)   Yes. DFAT consulted with counterparts in the New Zealand Government (MFAT) shortly after Japan's announcement. The discussions covered the contents of the Japanese announcement, sharing of views about possible implications for whaling policy and safety at sea, and sharing of information about the responses that the Australian and New Zealand governments had respectively released.

 

ATTACHMENT

Australian Embassy (Tokyo) Translation

Press Conference by Michihiko Kano, Minister of Agriculture, Forestry and Fisheries

9.50-10.07AM, Tuesday 4 October 2011, MAFF

Minister:

(…) Regarding scientific whaling, we will conduct scientific whaling in the Southern Ocean this year. We will strengthen countermeasures against obstruction activities, such as dispatching a Fisheries Agency's surveillance vessel.

(…)

Reporter:

Minister, regarding scientific whaling, would you explain the reasons that Japan decided to continue whaling in the Southern Ocean?

Minister:

We came to conclusion that Japan should continue scientific whaling. The Review Committee studied various issues [on scientific whaling], and there were various opinions. Considering these opinions as a reference, including safety issues, we made a decision to continue scientific whaling.

Reporter:

To do this [continue scientific whaling in the Southern Ocean], ensuring safety measures was an absolute must. Grateful your explanation about this.

Minister:

So, we will dispatch a JFA surveillance vessel. And, the Cabinet Secretariat is coordinating for the final details of countermeasures against obstruction activities. We are not at the stage of announcing details at the moment. We are still working on the final details.

Reporter:

I understand that you requested the Japan Coast Guard to send a vessel. Why will the JFA's surveillance vessel go instead?

Minister:

I cannot share any further details on this. I have consulted with Minister of Land, Infrastructure and Transportation, previous Transport Minister, Director-General of the Fisheries Agency and Commandant of the Japan Coast Guard. We are communicating with the Cabinet Secretariat and relevant Ministries and Agencies to work out final details, including ensuring safety measures.

Reporter:

Excuse me. I would like to ask you a related question. You said the Japanese government took a position to continue scientific whaling. I understand sales of by-products [from whales caught] did not cover the cost of the scientific whaling expedition, as the withdrawal from the Southern Ocean in the middle of the scientific program in the last season meant that the catch was significantly under the quota last season. Could you explain the reasons you decided to continue scientific whaling despite the financial costs?

Minister:

Basically, Japan's aim is to resume commercial whaling and this our precondition. To achieve the goal, we have to continue scientific whaling. At the International Whaling Commission annual meeting this year, member countries unanimously voted for safety on the sea. I would like to assert Japan's position on this.

( … )

Reporter:

I would like to ask you a question about the decision on scientific whaling. Could you tell us whether you made a decision because you were sure about ensuring safety of crew members for a certain degree, or did you decide to continue scientific whaling first and are working out the details to provide safety measures afterwards?

Minister:

As I said specifically in this press conference, dispatching JFA's surveillance vessel is a safety measure, and the Japanese government is working on details of countermeasures against obstruction activities through the Cabinet Secretariat. As it is obvious, I recognise the necessity of new measures for safety to enable the continuation of scientific whaling.

Reporter:

So, you made the decision because you were confident with your safety measures to a certain degree.

Minister:

Well, even dispatching JFA's surveillance vessel is one of our safety measures. The Japanese government is working on details of the other measures. MAFF has already proposed its own views on this within the process.