All is not what it seems with the whaling issue. Yes, the injunction issued by the Federal Court is great news but unfortunately it won’t do the trick.

It might just shatter the appalling silence on Japanese whaling which has characterised meetings of the Antarctic Treaty and the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) since the mid 80s.

Dirty deals are going on behind the scenes in the US. According to William Hogarth, currently Chair of the IWC and US IWC Commissioner, it was his direct intervention that persuaded the Japanese government to give up on the Humpbacks this year.

The carrot for Japan is a deal. One that could see the US act as the driving force to “normalise” the IWC doublespeak for Japan’s long term request to begin small type coastal whaling (STCW). The Howard government was also involved in the deal — according to notes from US IWC NGOs on their discussions with Hogarth he commented that, “at the last AGM Turnbull was trying to negotiate STCW in exchange for humpbacks”. Hogarth also says Japan, Norway and Iceland want to open up trade in whale meat.

To further the “normalisation” scenario, Hogarth has sent circulars to all IWC Commissioners suggesting the agenda for IWC Chile in June would be better served by the postponement of any meeting of the Conservation Committee and the workshop on welfare issues so that discussions on “normalising” the IWC can be given the full focus.

It is apparent that the US is dedicated to finding concessions which will appease Japan.

Small type coastal whaling by Japan would set precedents allowing coastal states to seek the same rights. It would also underline provisions of the Law of the Sea which uphold coastal states’ rights to exploit marine resources in the Exclusive Economic Zones.

Hogarth has resigned from his position as a senior US government bureaucrat. He serves “at the pleasure of the President”. The US did not sign onto the diplomatic demarche which the Rudd government served on Japan. It is not clear where or from whom Hogarth is getting his instructions or whether he is operating as a loose cannon.

But we can guess. And maybe it has something to do with the Japanese refueling station operating in the Indian Ocean used by American warships in the war on terror which the Japanese Parliament voted to close a few months ago. This decision has now been reversed.