Japanese Whaler’s Injunction Against Sea Shepherd Denied in U.S. District Court
A Seattle district court has denied a preliminary injunction in the case of The Institute for Cetacean Research (ICR) vs. Sea Shepherd Conservation Society. This injunction was an attempt by the ICR to immediately halt Sea Shepherd’s anti-whaling activities in the Southern Ocean Whale Sanctuary. Judge Richard A. Jones made it quite clear that in addition to looking at Sea Shepherd’s activities in the Southern Ocean, the issue of whaling and its legality would indeed be at the heart of this case. Sea Shepherd’s legal team, Harris and Moure, presented an outstanding defense against the ICR’s attempt to halt Sea Shepherd’s activities in the Southern Ocean. The judge acknowledged that Sea Shepherd is not a violent organization and does not intend to cause harm to anyone. Based on the declarations and videos submitted to the court Judge Jones declared “It is apparent to me the Sea Shepherd would prefer that people not get hurt. There is no evidence that they have ever done anything with the intention of hurting anyone.”
The court declared that it does have subject matter jurisdiction over this case based on the Alien Torte Statute and admiralty jurisdiction. The Alien Torte Statute allows non-U.S. citizens to file civil suits in U.S. federal courts for cases dealing with violations of international law. The court also expressed displeasure with the Japanese whalers for filing an injunction against Sea Shepherd while appearing to be themselves in violation of an injunction issued by the Australian Federal Court. This injunction prohibits the whalers from hunting whales in the Australian Whale Sanctuary, which the ICR is clearly in violation of. Judge Jones asked the plaintiffs, represented by Portland-based law firm Miller and Nash, why they believed they should be able to ask another court for an injunction that benefits them, when they are clearly in violation of an injunction themselves. The plaintiff’s answer to this was that because the ships move they can’t confirm whether the whaling fleet is in Australian waters and therefore in violation of this injunction. As Sea Shepherd crews can attest, the Japanese whaling fleet has been in direct violation of this court ordered injunction issued in 2008 and have certainly killed whales within the Australian Marine Sanctuary.
Sea Shepherd has filed a motion to have the entire case dismissed from the U.S. court system on the grounds that this case should be resolved in either World Court, Australian Court or through diplomacy. The court requested more time to sort through the specific issues and arguments before ruling on this motion. Judge Jones has made it evident that if this case does go to trial that the court will hear arguments on the legality of whaling. “The plaintiffs insist that I am not supposed to consider the legality or illegality of the whaling activities. In my assessment, I believe it would be inappropriate for me to consider the balance of hardships or the public interest without considering the environmental consequences in this case. Now, it is clear to me that a substantial portion of the world believes it is very much not in the public interest to continue killing whales in the Southern Ocean. It is also clear to me that the environmental harms, like the killing of hundreds of whales, are relevant in the balance of hardships. So please understand in this context I must consider this aspect of the facts,” said Judge Jones.
Upon learning the details of the court hearing, Captain Paul Watson, currently in the Southern Ocean, stated “I think we can count on Judge Jones to make a fair verdict on this case. I was impressed that he considers the issue of legality of whaling to be relevant here and Sea Shepherd would welcome a trial that addresses the legality of whaling. We are in the Southern Ocean not to protest whaling but to oppose an illegal activity and we have always said that we would prefer a court to deal with this issue rather than to risk confrontations on the high seas. The Japanese have unwittingly opened the door to challenging them in a U.S. Court over their activities by filing this case against Sea Shepherd. We intend to walk through that door.”
Established in 1977, Sea Shepherd Conservation Society (SSCS) is an international non-profit conservation organization whose mission is to end the destruction of habitat and slaughter of wildlife in the world’s oceans in order to conserve and protect ecosystems and species. Sea Shepherd uses innovative direct-action tactics to investigate, document, and take action when necessary to expose and confront illegal activities on the high seas. By safeguarding the biodiversity of our delicately balanced oceanic ecosystems, Sea Shepherd works to ensure their survival for future generations. Founder and President Captain Paul Watson, is a world renowned, respected leader in environmental issues.
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Human actions have taken a steep toll on whales and dolphins. Some studies estimate that small whale abundance, which includes dolphins, has fallen 87% since 1980 and thousands of whales die from rope entanglement annually. But humans also cause less obvious harm. Researchers have found changes in the stress levels, reproductive health and respiratory health of these animals, but this valuable data is extremely hard to collect.
Researchers work with trained dolphins to learn more about their sensory abilities, seen here testing a dolphin's hearing. Jason Bruck / CC BY-ND
A Lot to Learn From Hormones<p>When sampling the blow, we are looking for hormones in mucus as these can be used to gauge psychological and physiological health. We are specifically interested in <a href="https://dx.doi.org/10.1371%2Fjournal.pone.0114062" target="_blank">hormones like cortisol</a> and <a href="https://doi.org/10.1016/j.ygcen.2018.04.003" target="_blank">progesterone</a>, which indicate stress levels and reproductive ability respectively, but can also help determine overall health.</p><p>Additionally, blow samples can detect <a href="https://dx.doi.org/10.1128%2FmSystems.00119-17" target="_blank">respiratory pathogens</a> in the lungs or nasal passages - blowholes evolved from noses after all.</p><p>This health analysis is especially important in areas with oil spills as the chemicals can cause hormonal problems that harm <a href="https://www.carmmha.org/investigating-how-oil-spills-affect-dolphins-and-whales/" target="_blank">development, metabolism and reproduction</a> in dolphins.</p><p>Hormone samples can provide scientists with valuable data, but collecting them from intelligent and unpredictable animals is challenging.</p>
Cetacean Collaborators<p>To build a drone that can stealthily collect spray from moving dolphins, we needed more data on their eyesight and hearing, and this is data that couldn't be collected in the wild nor simulated in a lab.</p><p>We worked with dolphins at facilities like Dolphin Quest in Bermuda, which provides guests opportunities to learn about dolphins while allowing <a href="https://dolphinquest.com/about-us/our-story/" target="_blank">scientists access to animals for noninvasive research</a>. Here the dolphins can swim away if they choose not to work with us, so we had to design the study like a game; the way a kindergarten teacher entertains a class. If the dolphins aren't interested, we don't get to do the science.</p><p>Over the course of hundreds of sessions, we sought to answer two questions: What can dolphins hear and what can they see around their heads?</p><p>To test dolphin hearing, we set up microphones and cameras to record dolphin behavior as we played drone noise in the air. We analyzed the responses to each noise – such as how many dolphins looked at the speaker – and used these as a proxy for their ability to hear the sounds.</p>
<span style="display:block;position:relative;padding-top:56.25%;" class="rm-shortcode" data-rm-shortcode-id="5f31daf07a652b8d64a093b993ee4e96"><iframe lazy-loadable="true" src="https://www.youtube.com/embed/UjmQeH3vXHI?rel=0" width="100%" height="auto" frameborder="0" scrolling="no" style="position:absolute;top:0;left:0;width:100%;height:100%;"></iframe></span>
Robodolphin doesn't look like a real dolphin, but it doesn't need to in order to train our drone pilots. C.J. Barton / Oklahoma State University / CC BY-ND<p>To build robodolphin, we worked with dolphins trained to "chuff" or sneeze on command to measure spray characteristics. We used high-speed photography to see the dolphins' breath as it moved through the air. Then we conducted high resolution CT scans of a dolphin head and 3D-printed a replica of a nasal passage.</p><p>Now, we have a complete robodolphin and are tweaking its sprays to be nearly identical to the real thing. This will allow us to determine how close we need to get to collect the samples, and therefore, how quiet our drone needs to be.</p>
The replica dolphin blowhole was designed from a scan of a real blowhole passage, and the spray it produces closely matches the real thing. Alvin Ngo, Mitch Ford and CJ Barton / Oklahoma State University / CC BY-ND
A Bit of Practice, Then Into the Wild<p>In the next few months, we will test flights over robodolphin with existing drones to determine the timing and strategy for collection. From there, we will fabricate a low-noise drone that can fly fast enough and with sufficient maneuverability to capture samples from wild dolphins. Like a video game, we will use the visual field data to develop approach trajectories to stay in the visual blindspots.</p><p>We plan to test our drones on a truck-mounted robodolphin moving down a runway, then using a boat to simulate realistic conditions. The next steps will involve ocean testing with dolphins trained for open ocean swimming. These tests will determine if our devices can catch and hold the hormones as the drone flies back to a researcher's boat.</p><p>Finally, we will deploy the system to collect data on wild dolphins. Our first goal is to test resident dolphins – animals that live on the coasts and deal directly with boat and oil industry noise – which will allow us to learn more about stress resulting from human impacts.</p><p>Those samples are a way off, but if all goes well we will have a specially built drone capable of flying long distances and capturing samples undetected in a few years. The samples collected will allow researchers to do better science with impact on the animals they study.</p>
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Environmental and Health Hazard<p>Experts say e-waste, which is now the world's fastest-growing domestic waste stream, poses serious environmental and health risks.</p><p>Simply throwing away electronic items without ensuring they get properly recycled leads to the loss of key materials such as iron, copper and gold, which can otherwise be recovered and used as primary raw materials to make new equipment, thereby reducing greenhouse gas emissions from extraction and refinement of raw materials.</p><p>Refrigerants found in electronic equipment such as fridge and air conditioners also contribute to global warming. A total of 98 Mt of CO2-equivalents, or about 0.3% of global energy-related emissions, were released into the atmosphere in 2019 from discarded refrigerators and ACs that were not recycled properly, the report said.</p><p>E-waste contains several toxic additives or hazardous substances, such as mercury and brominated flame retardants (BFR), and simply burning it or throwing it away could lead to serious health issues. Several studies have linked unregulated recycling of e-waste to adverse birth outcomes like stillbirth and premature birth, damages to the human brain or nervous system and in some cases hearing loss and heart troubles.</p><p>"Informal and improper e-waste recycling is a major emerging hazard silently affecting our health and that of future generations. One in four children are dying from avoidable environmental exposures," said Maria Neira, director of the Environment, Climate Change and Health Department at the World Health Organization. "One in four children could be saved, if we take action to protect their health and ensure a safe environment."</p>
Europe Leads the Way<p>While most of the e-waste was generated in Asia (24.9 Mt) in 2019, Europe led the charts on a per person basis with 16.2 kg per capita, the report said.</p><p>But the continent also recorded the <a href="https://www.dw.com/en/the-eu-declares-war-on-e-waste/a-51108790" target="_blank">highest documented formal e-waste collection and recycling</a> rate at 42.5%, still below its target of 65%. Europe was well ahead of the others on this front. Asia ranked second with 11.7%.</p><p>The authors said while more that 70% of the world's population was covered by some form of e-waste policy or laws, not much was being done toward implementation and enforcement of the regulations to encourage the take-up of a collection and recycling infrastructure due to lack of investment and political motivation.</p><p>"You have to think about new economic systems," said Kühr.</p><p>One approach could be that consumers no longer buy the products, but only the service they offer. The device would remain the property of the maker, who would then have an interest in offering his customers the best service and the necessary equipment. The maker would also be interested in designing his products in such a way that they are easier to repair and easier to recycle, Kühr said.</p>
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