Whale Wars, Continued

credit: AFP/Getty Images

More: Reversing a federal district court decision, the Ninth Circuit Court of Appeals has labeled the anti-whaling organization Sea Shepherds "pirates" commenting that eye patches and peg legs were not necessary to fit into that category. The appeals court was critical of the district court judge's refusal to grant the Japanese appellants an injunction agianst harassing Japanese vessels hunting whales, calling into question his impartiality. However, the Japanese plaintiff came into an American court of equity with unclean hands since it routinely violates Australia's ban on whale hunting within its jurisdiction. Japan faces legal action from Australia for the violations. A Sea Shepard spokesperson was unimpressed with the legal decision calling the pirate label "ludicrous" since no profit motive is involved with their actions. The American chapter of the organization was ordered to severe ties with the Australian branch that is conducting the anti-whaling campaign on the high seas.

{20.2.13}Sea Shepherds are again in the news as they continue their improbable and dangerous campaign against Japanese whalers in the Southern Ocean. The whaling factory ship Nissan Maru collided with its own tanker ship Sun Laurel and struck the Shepherd ships Bob Barker and Steve Irwin. The collisions came as the factory ship was attempting to maneuver close to the tanker for refueling. Bob Barker was hit multiple times according to Shepherd founder Paul Watson who was aboard the Steve Irwin as an observer. Watson jumped bail in Germany last summer where he was being held for extradition to Costa Rica; he claimed the Costa Rican warrant was a maneuver to deliver him to Japanese authorities. Watson told interviewers that the refueling was illegal under Australian and international law (MARPOL) prohibiting marine pollution from ships. Despite Sea Shepherd attempts to interfere with refueling operations, it was accomplished.

The US chapter of the Shepherd organization is restrained by the US Ninth Circuit Federal Court of Appeals from coming within 500 feet of a Japanese whaling vessel. Watson had to resign all positions within Sea Shepherds as a result of the US court order. So the Australian branch is running the "Zero Tolerance" anti-whaling campaign this season; according to the Shepherds' Australian counsel, the US injunction has no application to the Australian chapter. An Australian federal court has enjoined the Institute for Cetacean Research, the Japanese government agency running the whaling operation, from whaling in Australian waters declared a marine sanctuary. It repeatedly violates that injunction. A cold war of nerves continues on two fronts, in the courtroom and on the high seas.

The Shepherds seem to have the upper hand for now. They have succeeded in drastically reducing the Japanese catch. January, a prime month for whale catching, passed without the death of a single individual. That result is credited to the fleet of four ships, a helicopter, and 120 volunteers which keep the whaling fleet on the run. Their goal is to make Southern Ocean whaling so uneconomic for the Japanese that they will call it quits. Japan is not ready to give up, however; it has sent in the Shonan Maru No.2, a fast security vessel equipped with armed members of Japan's Coast Guard. Japan has set a quota of 1,000 minke and 50 fin whales for the 2012/13 season.