by Leann Zotis

Created on: July 05, 2009   Last Updated: October 08, 2009

Whales are some of the most magnificent creatures on land or sea. Partly because of their grand status, they have long been the targets of hunters, to the point where their very existence has been threatened. Many laws have been enacted worldwide for the preservation and protection of whales. Drafting these laws is a good first step to protecting these grand creatures of the ocean, but international enforcement is essential if we want to save the whales from extinction.

As far back as 1946 the plight of the whale was recognized. It was in that year that the International Whaling Convention (IWC) was established as an overseer for the whaling industry. In 1986, the IWC banned commercial whaling worldwide. This ban is still in effect although some countries, such as Japan and Norway, refuse to honor it.

The 1970's saw significant legislation passed in the United States and around the world. In 1971, the United States Congress enacted the Pelly Amendment which imposes import sanctions on nations who violate international fishing conservation efforts, such as those proposed by the IWC.

In 1972, Congress pass the Marine Mammal Protection Act which made it illegal for anyone living in the United States to hunt, kill or otherwise harass any marine mammal, regardless of whether or not they were considered endangered. This act also made it illegal for anyone to import marine mammals or products.

In 1973, the Endangered Species Act was passed by Congress to protect any species considered to be in danger of extinction now or in the future. Every species of great whales was included in this legislation. Under this law, it is illegal to hunt, kill or collect any protected species. It is also illegal to disrupt their habitat in any way. And, in 1979, Congress enacted the Packwood-Magnuson Amendment which imposes the sanction of reduced fishing rights in United States waters against any country in violation of international fishery conservation efforts.

Much of the international community has recognized the need to save the whales as well. CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora) exists to protect wild animal and plant species in international trade. Every species of great whale is listed in the Appendix of this treaty.

The United Nations Convention on the Law of the Sea is a treaty that requires those countries who sign it to conserve marine mammals and to follow the guidelines of the International Whaling Convention.

In addition to these far-reached laws and treaties, additional regulations exist to ban driftnet and gillnet fishing which is responsible for the death of thousands of whales every year. Regulations regarding pollution, harassment of whales during whale watching expeditions and ocean noise pollution are also becoming commonplace around the world.

Whale/ship collisions are a major factor in the death of many whales. The United States Coast Guard is working with a program to alert ships when they are entering whale habitats and advising the best methods to avoid striking the mammals.

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