The Fin Whale (Balaenoptera physalus) and the CITES Periodic Review

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1 The Fin Whale (Balaenoptera physalus) and the CITES Periodic Review Working within CITES* for the protection and conservation of species in international trade Kingdom Phylum Class Order Family Common Names Status Animalia Chordata Mammalia Cetacea Balaenopteridae Fin whale, common rorqual, fin-basked whale, finner, herring whale, razorback; Baleine à nageoires, baleinoptère commune, rorqual commun (Fr); Ballena aleta, ballena boba, rorcual comùn (Sp) IUCN: Endangered (EN A1abd) In July 2006, the Animals Committee decided to include the Central North Atlantic stock of fin whale (Balaenoptera physalus) in its periodic review of the CITES Appendices. This fact sheet provides information on the Central North Atlantic stock of fin whales and shows why this stock should be eliminated from the periodic review. Species Facts The fin whale is a member of the rorqual family (Balaenopteridae), which also includes the humpback, blue, Bryde's, sei and minke whales. It is the second longest animal alive on the planet, reaching lengths of up to 26.8 meters and weights of more than 70,000 kg. Southern hemisphere whales are generally larger than those in the north, with most northern hemisphere adults measuring less than 24 meters in length. The fin whale is long, sleek, and streamlined, with a V-shaped chevron across the back, a tall, falcate dorsal fin and a characteristic white marking, or blaze, on the lower right jaw. Adult males reach sexual maturity at about 6-10 years of age and 17.7 meters in length. Females, which are slightly larger than males, average 18.3 meters at sexual maturity. Reproductive age females calve at 2-3 year intervals, following a twelve month gestation period. Calves are weaned at 6-7 months, when they are m in length. Krill (euphasiids) and small schooling fish such as herring, capelin and sandlance comprise the bulk of the fin whale diet. Fin whales are lunge feeders; they feed by circling schools of fish at high speed, compacting prey into dense bait balls, then lunging through the school with mouths agape. Whales can reach speeds of up to 25 knots during these lunges. The most intensive feeding occurs in high latitudes during the summer months. Fin whales are a cosmopolitan species occurring in all major oceans. The species is most common at temperate to polar latitudes above 30º North latitude, but may also be found in the subtropics and tropics. There is evidence of seasonal movements between lower latitudes in winter and high latitudes in summer, and at least some fin whale populations appear to be migratory, but migration patterns remain poorly understood and populations may be considered resident in some areas where adequate food supplies are available yearround. In both hemispheres, fin whales tend to concentrate in coastal waters and near continental margins, but may also be found in deep ocean waters, with some evidence suggesting the species may disperse to deeper waters during winter. The taxonomy and stock structure of fin whales has not been fully resolved, but there is clear evidence that the species comprises multiple demographically isolated populations. Three distinct populations of fin whales SPECIES SURVIVAL NETWORK 2100 L Street NW, Washington, DC USA Tel: Fax: info@ssn.org website: *CITES is the Convention on International Trade in Endangered Species of Wild Fauna and Flora

2 are generally recognized, occupying the Southern Hemisphere, North Atlantic and North Pacific, respectively. These populations do not mix across the equator and are probably further subdivided genetically, within the larger populations. Northern and Southern Hemisphere fin whales are widely recognized as distinct subspecies, B.p. physalus and B.p. quoyi respectively. The distinctness of North Atlantic and North Pacific populations has also been supported by genetic, morphological and behavioral evidence, with most experts considering the North Pacific population of fin whales a separate, unnamed subspecies. The North Atlantic Stock Within the North Atlantic, fin whale stocks have been only generally identified, based primarily on observations of summer feeding concentrations of whales. Fin whales appear to return to the same feeding grounds each year, and tagging studies have shown little relocation of whales outside of the summering stock areas in which they were tagged (findings of the IWC, 1992). The North Atlantic Marine Mammal Commission (NAMMCO), which was established by whaling nations as a challenge to the International Whaling Commission (IWC), noted that evidence from morphometric (body shape) and genetic studies shows that there are several discreet stocks of fin whales in the North Atlantic and that, according to recent research, fin whales can be differentiated into regional groups by the sounds they make. However, it also concluded that at present there is not enough information to place boundaries around fin whale stocks with certainty (NAMMCO fact sheet). The Scientific Committee of the International Whaling Commission has recently recognized the fin whales in the Mediterranean Sea as a distinct population. Current management is based on stock boundaries derived by the International Whaling Commission in 1977, derived from the best available evidence at that time (Donovan 1991). According to the IWC Schedule, North Atlantic fin whales are divided into seven management stocks: (1) North Norway (2) East Greenland and West Iceland (EGI); (3) West Norway and the Faroe Islands; (4) British Isles, Spain and Portugal; (5) West Greenland; (6) Nova Scotia, and (7) Newfoundland and Labrador. More recent evidence has not contradicted this suggested stock delineation, but stock structure remains unresolved in the North Atlantic, and the IWC has recommended that additional research and quantitative analysis should be done. A joint workshop of NAMMCO and the IWC held in Iceland in March 2006 considered available information on stock structure, catch history, biological parameters, abundance and trends in North Atlantic fin whales to advance the two organisations ongoing assessments. The workshop agreed that, for general purposes, the best estimate of current abundance in the Central North Atlantic (including the Faroes) is 25,800 (CV=0.125) for the year The IWC s Scientific Committee endorsed the findings of this workshop at its 2006 meeting and recommended the commencement of Implementation Trials for fin whales in 2007, although Iceland wanted to begin these sooner. Implementation Trials test the potential outcome of removals over a range of plausible stock structures, population growth rates, and whaling operation scenarios. Threats Like the blue whale, the fin whale was severely reduced worldwide by modern commercial whaling. Fin whales were hunted in larger numbers than any other great whale species during the 20 th century, with at least 725,000 fin whales taken in the Southern Hemisphere alone between 1904 and The International Whaling Commission (IWC), which has regulated whaling since 1946, reduced fin whale quotas in the mid '70s and lowered them to zero by 1985, shortly before it implemented a moratorium on commercial whaling for all whale species that remains in place today. Deliberate killing remains a threat to the species: The IWC permits up to 19 North Atlantic fin whales to be taken annually by aboriginal hunters in Greenland; In 2002 Iceland awarded itself a scientific whaling quota of 100 North Atlantic fin whales, which are yet to be taken; At the request of its members (Norway, Iceland, Greenland and the Faroe Islands) NAMMCO s Scientific Committee is assessing fin whale stocks in the North Atlantic, focusing on the status of fin whales in Faroese territorial waters. NAMMCO is assessing, in particular, the long-term effects of annual removals of 5, 10 and 20 fin whales in Faroese waters, strongly indicating that the Faroe Islands intend to resume fin whale hunting in the near future (having stopped this hunt about 40 years ago);

3 The IWC Scientific Committee reported in 2006 that the possibility of a very limited catch (5-10 animals) for scientific purposes off Norway and the Faroes in the medium future cannot be precluded (2006 report of the Scientific Committee, page 10) Prior to the 2005 Annual Meeting of the IWC, Japan proposed a new program (JARPA II) representing a second phase of Antarctic special permit catches. The proposal, which started in 2006, doubled the previous catches of minke whales (to a total of up to 935 a year) and added ten fin whales per annum until 2007, and an additional 50 fin whales and 50 humpback whales per year thereafter. In addition to deliberate killing by humans, other major causes of past or current mortality for fin whales include collisions with vessels, and entanglement in fishing gear. Disturbance by anthropogenic noise, vessel traffic, intrusive whale watching and research; pollution; parasite load; disease; and predation also have negative effects on the conservation status of fin whales. It is too soon to effectively evaluate the impact on stocks that may be caused by recorded changes in water temperature and salinity as a result of global warming, but such changes are currently being documented. CITES Conservation measures The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) regulates international trade in species of wildlife that are or may be threatened by such trade, including marine mammals. The Conference of the Parties (COP) to the treaty has adopted several resolutions (now consolidated in Res. Conf (Rev. COP12)) recognizing the IWC's competence and responsibility for whales and whaling, and recommending that Parties prohibit trade in species protected by IWC from commercial whaling. CITES protects all species of great whales from international trade, including fin whales, by listing these species in CITES Appendix I. Iceland, Japan and Norway hold reservations to the Appendix I listing of fin whales. In July 2006, the Animals Committee (AC) accepted a proposal by Iceland to include the Central North Atlantic stock of Fin whales in the periodic review of the CITES Appendices. The AC s decision is flawed for the following reasons: Selection of this stock for periodic review goes against CITES Resolution Conf.11.4 (Rev. COP12). In Resolution Conf (Rev. COP 12), the CITES Parties agreed not to issue any import or export permit, or certificate for introduction from the sea, under this Convention for primarily commercial purposes for any specimen of a species or stock protected from commercial whaling by the International Convention for the Regulation of Whaling. This provision makes clear that no IWC protected species should be traded for commercial purposes so long as that species remains protected from commercial whaling by the IWC. Inclusion in Appendix I is the mechanism by which CITES restricts commercial trade in these species. By approving the inclusion of IWC-protected fin whales in the periodic review, the AC is validating a process which could ultimately lead to a downlisting. Such discussions would be inconsistent with the principle of deference to the IWC moratorium that the Parties have repeatedly reaffirmed, as clearly reflected in Resolution Conf (Rev. COP12). The Central North-Atlantic stock of Fin whales cannot be clearly differentiated from other stocks of fin whales. The periodic review to be conducted for Fin whales is limited to the Central North-Atlantic stock. However, this stock cannot be clearly differentiated geographically from other stocks of fin whales and boundaries between the various stocks of Fin whales remain unclear.[1] Because of these practical difficulties, Iceland s request to conduct a periodic review on the Central North Atlantic stock is likely to lead to incomplete and flawed findings. It is important for CITES Parties to ensure that requests for the conduct of periodic review be based on a selection process that reflects the best available knowledge of the genetic and geographic delineation of a species and of its various stocks. If the Icelandic review concludes that the Central North-Atlantic stock of fin whales should be downlisted while other stocks of the same species remain on Appendix I (which would be contrary to CITES Resolution Conf.11.1 (Rev. COP12)), this will lead to serious enforcement problems since [1] See the North Atlantic Marine Mammal Commission s factsheet.

4 the animals from the various stocks of fin whales are visually indistinguishable and overlap on a seasonal basis. Annex 3 of CITES Resolution Conf (Rev COP13) states that Taxonomic names below the species level should not be used in the Appendices unless the taxon in question is highly distinctive and the use of the name would not give rise to enforcement problems. A discussion of the need to open international trade by listing some IWC-defined stocks of fin whales on CITES Appendix II while leaving the rest of the species, and other visually indistinguishable stocks/species, on Appendix I will lead to serious enforcement problems since it is likely to result in the hunting and trade of the wrong whales. The recommendations of the Standing Committee adopted at its 51 st meeting (Bangkok, October 2004) for the conduct of periodic review exclude the selection of this stock. Annex 2, paragraph h) of Resolution Conf (Rev. CoP12) on the Establishment of Committees directs the Animals and Plants Committees (AC and PC, respectively) to undertake a periodic review of animal or plant species included in the CITES Appendices Between COP12 and COP 13, the Standing Committee (SC) developed and adopted comprehensive recommendations on the periodic reviews of the Appendices (see document SC51 Doc. 16). These recommendations include practical guidelines to assist the AC and the PC in the selection of species to be reviewed and in conducting those reviews. They provide that the selection process should exclude species subject to other reviews, such as those that are currently subject to the Review of Significant Trade pursuant to Resolution Conf. 12.8, or that have already been evaluated for listing in the CITES Appendices as proposals submitted for consideration at the last two meetings of the Conference of the Parties. The CITES Secretariat drafted a list of examples of species which, according to the SC guidelines, should be excluded from the review. These species include species subject to other reviews such as those targeted by valid Decisions and Resolutions of the Parties (including Cetaceans ) (AC21 Doc (Rev.1) Paragraph 5 (ii) emphasis added). To facilitate testing of the first-time implementation of the SC guidelines, the AC decided at its 21st meeting (Geneva, May 2005) to limit inclusion in the periodic review to listed species of Amphibia and Galliformes. This decision was reversed without direct consideration by the AC s approval of Iceland s proposal to include the Central North Atlantic stock of fin whales in the periodic review process at its last meeting. By deciding to include this fin whale stock in the periodic review of the Appendices, the AC acted contrary to the guidelines set out by the SC before adequately testing the methodology laid out in the SC guidelines. Recommendations: Parties should oppose the inclusion of the Central North Atlantic stock of fin whales in the periodic review of the Appendices. This review will be conducted after consultation with the range States by the Secretariat (the list of species approved by Standing Committee will be sent in a Notification to all Parties and the Range States will be asked to respond). We recommend that Parties: 1. Contact Range States of the Central North Atlantic stock of fin whales and request that they express their opposition to the conduct of the review and copy their letter to the Secretariat, the Chair of the Animals Committee and the Chair of the Standing Committee. 2. Oppose the inclusion of the Central North Atlantic stock of fin whales in the periodic review at the next meetings of the SC (SC54 and SC55) and the AC (AC23), and, if necessary, at COP Support the development of a draft resolution on the Periodic Review for consideration by the COP at its 14 th meeting and request the inclusion in the draft resolution of the SC recommendations adopted at its 51 st meeting (Bangkok, October 2004), including the practical standardized guidelines agreed by the AC and PC, and the amendments proposed by the 16 th meeting of the PC and the 20 th meeting of the AC, along with the exceptions and recommendations included in the SSN fact sheet on periodic review. 4. Request that provisions regulating the conduct of periodic review ensure that: species directly protected by an existing CITES resolution be excluded from the periodic review in accordance with the SC guidelines; the selection criteria for periodic review be based on the best available scientific knowledge on genetic and geographic distribution of a species and its stocks.

5 the review be restricted to species in a manner consistent with the advice of the Secretariat in AC 21 Doc (Rev.1) species that are subject to the review are not picked with the intent of coming to a particular conclusion but are selected according to an unbiased selection process. That is, selection should not be based upon a desire for the result to indicate the need to up-list, down-list or de-list a species. References International Whaling Commission: 2006 Report of the Scientific Committee and Annexes. < Cetacean Specialist Group Balaenoptera physalus. In: IUCN IUCN Red List of Threatened Species. < Downloaded on 03 August 2006 Jefferson, T.A., S. Leatherwood, and M.A. Webber, FAO species identification guide, Marine mammals of the world, Rome, FAO p. 587 figs. <ftp://ftp.fao.org/fi/document/sidp/t0725e_mammals/t0725e00.pdf > FAO Fact Sheet on Fin Whales. < North Atlantic Marine Mammal Commission, Status of Marine Mammals in the North Atlantic: the Fin Whale. < > American Cetacean Society Fact Sheet on Fin Whales. < Balaenoptera physalus, Fin Whale - MarineBio.org. Retrieved Thursday, August 3, 2006, from < Giuseppe Notarbartolo-Di-Sciara, Margherita Zanardelli, Maddalena Jahoda, Simone Panigada and Sabina Airoldi, The fin whale Balaenoptera physalus (L. 1758) in the Mediterranean Sea Tethys Research Institute, Viale G.B. Gadio 2, Milano, Italy Mammal Rev. 2003, Volume 33, No. 2, Printed in Great Britain 2003 Mammal Society, Mammal Review, 33, < Donovan, G.P A review of IWC stock boundaries. Report of the International Whaling Commission (Special Issue) 13, Reeves, R.R., Stewart, B.S., Clapham, P.J., Powell, J.A National Audobon Society Guide to Marine Mammals of the World (Knopf, New York). Nowak, R.M., Walker s Mammals of the World (5 th ed. 1991). Integrated Taxonomic Information System. <itis.usda.gov> National Marine Fisheries Service (U.S.) Draft Recovery Plan for the Fin Whale (Balaenoptera physalus). <