Whale bone and whale strandings questions & answers
Does whale bone include teeth and baleen?
Yes.
What happens to the whale bone items I already own?
Based on the provisional details of the proposed regime, for a period of 12 months after the regulations came into force, DOC would actively encourage owners to apply to DOC for authentication documentation.
If, for any reason, application was not made within that initial 12 month period, and the owner wished to trade the item, the owner could still apply for authentication documentation from DOC.
If the applicant could prove (by photographs, receipts or other documentation) the item was held before the date the regulations came into force then DOC would issue authentication documentation; or
If the applicant could not prove that the item was owned before the regulations came into force then the existing Marine Mammals Protection Act notified permit requirements (under Section 5 of that Act) would be used.
Documentation issued under (a) or (b) would then be required to accompany the item in all future transactions.
If there was no intent to trade the item at any point in the future, or to take it out of the country, people could choose to remain outside the authentication regime.
The Ministry of Culture and Heritage advise that if the whalebone jewellery or items were more than 50 years old, and carved or used by Maori, or brought to New Zealand by Maori, and relate to Maori history and society, domestic trade in these items would be regulated by the provisions of the Protected Objects Act 1975. Export of any whale bone jewellery or items over 50 years old would also be regulated by that Act.
Is this new regime intended to cover other resources from whales, like oil and ambergris?
No, these resources are not covered by this regime.
Ambergris is generally found washed up on beaches. Although the person finding the ambergris would not require a permit, under the Marine Mammals protection act 4(1) any subsequent transfer would.
Oil cannot be verified in the same way as bone, so is not suitable for this regime.
Won’t the welfare of whales be compromised by people wanting to extract the resources rather than save stranded whales?
No, there has been no evidence of this in modern times. The Marine Mammal Action Plan specifically puts the welfare of animals above all over actions.
Won’t this encourage whale hunting?
No. The regime is strictly limited to whale bone that is obtained from whales that have died as a result of stranding on New Zealand beaches.
How do I obtain whale bone?
People wishing to obtain whale bone should contact their local DOC office who will put them in contact with the iwi, if the iwi is likely to hold stocks of bone.
What about extending this regime to bone and skin from other marine mammals like seals?
For the by-catch of seals, the permitting system in the MMPA, including the gazettal requirement, is functional.
While the seal by-catch can be readily identified as such, it would be possible for seals to be killed without any DOC involvement. The legitimacy of the source of seal products may therefore be questionable.
Legitimising trade in objects crafted from seal products may place a higher risk for seals from poaching.
What about extending this regime to other taonga resources like feathers?
Access to and disposal of feathers is controlled by the Wildlife Act.
The permitting system in the Wildlife Act is relatively straight forward.
Feathers can be collected by anyone anywhere, without any DOC involvement, thus the legitimacy of the source may be questionable.
Legitimising trade in objects crafted with feathers from protected species places a higher risk for protected birds from poaching.
What will happen if you don’t have a certificate of authenticity?
Before regulations come into force:
People with whale bone will be encouraged to ask DOC for documentation that shows that the item was held prior to the regulations. This documentation must then accompany the bone when it changes hands.
After regulations come into force:
If the applicant can prove (by photographs, receipts or other documentation) the item was held before the date the regulations came into force then DOC will issue authentication documentation; or
If the applicant can not prove that the item was owned before the regulations came into force then the existing Marine Mammals Protection Act notified permit requirements (under Section 5 of that Act) would be used.
Will the certificates of authenticity have to be standardised (and will DOC produce them?)
Not necessarily. Iwi and Carvers may be able to choose how they wish the identification number (and name) to be associated with the bone item. It could even be inscribed on the item itself. Iwi or carvers would be responsible for producing this documentation. DOC does not envisage this as a major cost.
How will bone that is naturally separated be dealt with in the new arrangements (currently the finder doesn't require a permit)?
People who want to have bone enter into trading system at some stage should report to DOC and get a number.
Will this regime reduce the risk of bone being taken illegally from stranded whales?
The new regime is likely to make it more difficult for people illegally removing whale bone from stranded whales to dispose of that bone.
Will the trade regime cover bone from dolphins as well as whales?
At this stage we envisage that it will cover whales and Orcas.
Could this regime be extended to international trade?
Not now.
A robust internal regime would need to be in place before any extension into the international arena could be considered.
What is CITES?
International trade in whale bone is controlled by the Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES). You can find more information at CITES
How can I take whale bone out of New Zealand now?
See CITES
Summary:
|
If… |
…then you… |
|
The bone was recovered before 1979 (sperm whales) or 1975 (other whales) |
need an export permit and you will need to provide proof of the age of the bone |
|
The bone was recovered in or after 1979 (sperm whales) or 1975 (other whales) |
need an export permit and an import permit |
|
You are wearing an item of whale bone |
can generally move it without a permit |
|
The whale bone item is not something that you are wearing, like a walking stick |
need an export permit and an import permit depending on when the bone was recovered |
Most large whale species are listed on Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Species listed on Appendix I are considered endangered. International trade for primarily commercial purposes is not permitted in those species but non-commercial international trade can take place.
All international trade in parts or derivatives of species listed in the CITES appendices requires an export permit issued by the country of origin to accompany the goods. Export of parts or derivatives of species listed on Appendix I also require an import permit from the country where the specimen is to be sent. Under CITES rules that must be obtained before the export permit can be issued.
Whale bone recovered from a whale before the whale was listed on CITES (either 1975 or 1979 depending on the species) only requires an export permit because it is regarded as ‘pre-convention’ and therefore exempt from the requirement for an import permit.
Permits are required for each consignment. One permit may cover several pieces provided that they are all shipped or moved internationally at the same time.
An item for personal adornment and is being worn can generally be moved internationally without the necessity to obtain a permit. The onus is on the exporter or the person wearing the item to ensure that the country of import recognises this practice. Since 2005 the exemption for people wearing CITES-listed items has been mentioned in CITES 'soft' law in the form of Res. Conf. 13.7 which deals with control of trade in personal and household effects
A whale bone item that is not an item of personal adornment, such as a walking stick, requires both an export permit and, if it is made of bone recovered after 1979, an import permit, before it can be moved internationally. Otherwise the item may be seized and possibly destroyed.
The issue of an export permit for non commercial trade from New Zealand takes up to 10 working days... The issue of an import permit from the country of import may take longer. An export permit cannot be issued until proof is shown that an import permit has been issued.
Retailers should inform purchasers of the CITES requirements.
My item is more than 50 years old. Where do I get information if I want to trade it?
The Ministry of Culture and Heritage advise that if the whalebone jewellery or items were more than 50 years old, and carved or used by Maori, or brought to New Zealand by Maori, and relate to Maori history and society, domestic trade in these items would be regulated by the provisions of the Protected Objects Act 1975. Export of any whale bone jewellery or items over 50 years old would also be regulated by that Act.
Will the public still be able to help save stranded whales?
Yes
Will scientists still be able to get access to animals for research purposes?
Yes, providing they have a permit (i.e. the status quo).
When there is a whale stranding who issues research permits and what consultation is required?
Permits usually are issued by the conservator of the conservancy where the majority of the research will occur.
The nature of consultation is determined by what effect the research is likely to have on tangata whenua, the public, and/or other researchers.
Where a scientist only wants part of the whale and the iwi insist that the whole whale must be transported, who has the final decision?
The department would work with iwi and scientists, encouraging them to reach an amicable agreement. The development of local arrangements between DOC, iwi and scientists (which may include protocols, where they exist) goes some way to reducing the likelihood of such disputes occurring.
What happens if two or more iwi have disputes over the stranded whale(s), whose tikanga is adhered to and who decides this?
The development of local arrangements between DOC and iwi (which may include protocols, where they exist) goes some way to reducing the likelihood of such disputes occurring.
Could this statutory recognition be extended to the Wildlife Act?
Government will wait for the report from the Waitangi Tribunal on WAI 262 before considering this.
Will the amendment include seals & dolphins?
At this stage we envisage that it will include all cetaceans (whales & dolphins).
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