Law & governance

There is no useful one-word answer to “is whaling legal?”

The answer can depend on the species, place, type of hunt, a state’s relationship to international agreements, national law, permits, catch limits, and the facts of a specific event. This page maps the authorities a careful answer should consult.

01

International framework

The ICRW, its amendable Schedule, IWC decisions, and the law of the sea form an important international layer.

02

National framework

Domestic legislation, authorizations, regulation, treaty positions, and enforcement determine how rules operate within a jurisdiction.

03

Specific facts

A responsible explanation names the rule, jurisdiction, date, activity, and source—and says plainly when evidence or interpretation is uncertain.

01TreatyInternational Convention for the Regulation of Whaling & ScheduleThe 1946 founding convention and the Schedule containing operational rules, including classifications and catch limits.IWC02FrameworkThe IWC’s three types of whalingThe Commission’s overview of commercial, Aboriginal subsistence, and special-permit whaling.IWC03CommercialCommercial whaling and the moratoriumThe moratorium, objections, reservations, and the current position of Japan, Norway, and Iceland.IWC04SubsistenceAboriginal Subsistence WhalingThe IWC’s purpose, needs-based framework, participating member governments, and management approach.IWC05Catch limitsCurrent Aboriginal subsistence catch limitsThe present block quotas and annual strike limits by population and community.IWC06ScienceRevised Management ProcedureThe scientific method developed by the IWC to calculate commercial catch limits if the moratorium were lifted.IWC07Ocean lawUNCLOS Article 65The duty of coastal states to cooperate through appropriate international organizations on marine-mammal conservation.United Nations08Ocean lawUNCLOS Article 120Article 65’s marine-mammal cooperation rule as applied on the high seas.United Nations09Protected areasIWC whale sanctuariesThe Indian Ocean and Southern Ocean sanctuary framework and its relationship to commercial whaling.IWC10National exampleNorway’s whaling frameworkNorway’s official explanation of its objection, national quota setting, and management approach.Government of Norway11National exampleJapan’s whaling policy and cooperationJapan’s official account of its withdrawal from the IWC and the geographic scope of commercial operations.Japan Fisheries Agency12National exampleMakah gray-whale waiver and regulationsThe U.S. legal and administrative process governing a tribal ceremonial and subsistence hunt.NOAA Fisheries