Sea Shepherd vessel Bob Barker (R) collides with the fuel tanker ship Sun Laurel as Japanese mother survey ship Nissin Maru (R) tries to pull alongside in the Antarctica in this handout photo taken and released by the Institute of Cetacean Research (ICR) February 25, 2013. Mandatory Credit REUTERS/The Institute of Cetacean Research/Handout (ANTARCTICA - Tags: POLITICS MARITIME ENVIRONMENT) ATTENTION EDITORS - THIS IMAGE WAS PROVIDED BY A THIRD PARTY.THIS PICTURE IS DISTRIBUTED EXACTLY AS RECEIVED BY REUTERS, AS A SERVICE TO CLIENTS  IT IS DISTRIBUTED, EXACTLY AS RECEIVED BY REUTERS, AS A SERVICE TO CLIENTS FOR EDITORIAL USE ONLY. NOT FOR SALE FOR MARKETING OR ADVERTISING CAMPAIGNS

Sea Shepherd Ship Bob Barker collides with the refueling tanker Sun Laurel February 25, 2013 in the Southern Ocean REUTERS/The Institute of Cetacean Research/Handout

A United States Court of Appeals has confirmed what many mariners have been saying for years: that Paul Watson and the Sea Shepherd Conservation Society are nothing but a bunch of pirates.

On Monday, the U.S. Court of Appeals for the 9th District in Washington upheld an injunction barring the controversial anti-whaling group from targeting and attacking the whaling research ships of Japan’s Institute of Cetacean Research in the Southern Ocean.

“You don’t need a peg leg or an eye patch. When you ram ships; hurl glass containers of acid; drag metal-reinforced ropes in the water to damage propellers and rudders; launch smoke bombs and flares with hooks; and point high-powered lasers at other ships, you are, without a doubt, a pirate, no matter how high-minded you believe your purpose to be,” said Chief Judge Alex Kozinski.

Chief Judge Kozinski added:

The United States, Japan and many other nations are signatories to the International Convention for the Regulation of Whaling… which authorizes whale hunting when conducted in compliance with a research permit issued by a signatory. Cetacean has such a permit from Japan. Nonetheless, it has been hounded on the high seas for years by a group calling itself Sea Shepherd Conservation Society and its eccentric founder, Paul Watson.

In December the court of appeals ruled that Sea Shepherd is prohibited from physically attacking, or approaching within 500 yards of any Institute of Cetacean Research vessel, overturning an earlier ruling that denied the Institute’s initial request for an injunction on the grounds that it would not succeed in trial.

Of course, the injunction has had little impact as far as Sea Shepherd’s most recent campaign goes, called Operation Zero Tolerance, due to questions over jurisdiction. Both sides have so far clashed, not to mention collided, several times over the last few weeks. gCaptain’s full coverage of the antics can be found HERE.

Here are a few more excerpts from the court documents from Monday:

The UNCLOS defines “piracy” as “illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship . . . and directed . . . on the high seas, against another ship . . . or against persons or property on board such ship.

It continues:

Ramming ships, fouling propellers and hurling fiery and acid-filled projectiles easily qualify as violent activities, even if they could somehow be directed only at inanimate objects.

Regardless, Sea Shepherd’s acts fit even the district court’s constricted definition. The projectiles directly endanger Cetacean’s crew, as the district court itself recognized. And damaging Cetacean’s ships could cause them to sink or become stranded in glacier-filled, Antarctic waters, jeopardizing the safety of the crew.

The activities that Cetacean alleges Sea Shepherd has engaged in are clear instances of violent acts for private ends, the very embodiment of piracy. The district court erred in dismissing Cetacean’s piracy claims.

In his dissent, Circuit Judge M. Smith commented:

Even if one believes it is barbaric to harvest whales for any purpose at the beginning of the 21st century, as practiced by Cetacean, it is clearly permitted under international law.

…The Sea Shepherds are pirates. Period.

The Sea Shepherd Conservation Society has previously said that they would take the case to the Supreme Court, but Monday’s ruling pretty much guarantees that it won’t get far.

Read: Institute of Cetacean Research v. Sea Shepherd Conservation Society

Note: We should also point out that as of a few days ago, a military icebreaker with Japan’s Maritime Self-Defence Force has been spotted with the whale researchers fleet. For the sake of safety, hopefully the Sea Shepherd fleet has hightailed itself out of there.

gCaptain Forum discussion HERE

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  • JXXX

    I figured SS can now officially fly real Jolly Rogers.

  • M Carling

    Sea Shepard engages in these acts for a public purpose, not a private purpose, and is therefore not piracy as defined by UNCLOS. The court erred.

    • Craig

      Paul Watson is out for himself and the money that the TV show brings in.
      You forget about the guy that boarded a Japanese vessel and attempted to seize control of the ship.

      • M Carling

        Paul Watson seems to be a volunteer, not a recipient of funds. All the funds raised are used for a public purpose.

        • Jamie

          He is paid, check their 990 filed with the IRS, he is paid and paid well.

          • stopthegreed

            Lets get it right. Paul Watson is of coarse paid. But “well” ?? i wouldn’t do what he does for that kind of money. My wife works 5 hours a day and earns more. Paul Watson lives and breathes what he does. Spends very little time at home with his family and works around the clock. He deserves every cent and in my opinion deserves much more.

      • stopthegreed

        You have to be joking. The first 3 seasons of Whale Wars Sea Shepherd made very little money at all for the show. And No crew have ever boarded to take control of the ship.

    • bluenoser

      Awesome! That’s exactly what I was thinking. I also think it is important to consider the other work of the SS beyond whale wars.

  • Chuck Lantz

    I wonder if any whales were called to testify prior to the Ninth Circuit’s decision? Or maybe they were too busy volunteering for all that “research”?

  • JStar

    I’d like to see the Bob Barker in a showcase showdown with a Japanese carrier group. One Exorcet would do the job.

    • JStar

      “Exocet”

  • Craig

    Why haven’t Watson’s mariner documents been revoked or suspended? He is a danger to himself and his crew.
    My guess is that either Liberia or Panama are the issuers and only care about being paid.

    All pirates should be shot or hung on sight.

    • Jamie

      He has none that’s why they have ”pleasure crafts” instead of ships, he’s a captain like all fishing boats have a captain.

    • bluenoser

      I agree, pirates like big oil companies that let workers die because it is cheaper than instituting better safety practices.

    • stopthegreed

      Jamie you twitt they are not crying BOO HOO. Get a grip.

    • Alex

      I think Watson and crew are complete fools, who have no business being out a sea, that being said.

      BUT IWC is a complete farce where vote buying is the norm … And Japan pays for lot of the IWC smaller members to be in the IWC so they can get votes they want…

  • Louis B. Ebersohn

    Interesting ruling from court. A president has been set now.

    • Jerry

      A “president” has been set? Based on your conclusion, I take it you are an attorney. Well done, sir.

  • Capt Geest

    Finally, an official declaration. Form a naval task force, shoot to kill.

    • Panobuz

      You are a lazy thinker if you think at all.

  • http://marinepro.net Stuart Reininger

    It’s interesting reading the narrow-minded comments on this site of those who are outraged at the actions of Watson and his group–mariners who view the world through the small print of CFR-46 and the Rules of the Road. Duh, fellows, there are things more important that operating a vessel in “compliance.” Watson isn’t in “compliance” so you call him a pirate, applaud every Sea Shepherd setback and clamber for his head. Meanwhile, the Japanese are manipulating their “research permit” to commit moral and environmental mayhem knowing full well that there is no established authority to stop them. Watson and Sea Shepherd try to do that.
    The kind of ignorance and conformity shown by mariners who condone the Japanese actions and castigate Sea Shepherd is what Hitler, Tojo, Stalin and Mussolini counted on when they passed laws legalizing their actions. A compliant populace follows the law, because, uh, it’s the law so it must be ok.
    Yeah, Watson and Sea Shepherd, are lousy mariners and they sure as hell ain’t in compliance. But they’re answering to a higher cause and vessels are their means to do so–as the Japanese use vessels to commit their crimes.

    • JoeOvercoat

      A lot of the posters on this site overlook that the ramming has gone both ways, such that there are not any heros here, nor innocent victims: a naval task force is necessary, to enforce both rules of good seamanship and international law.

    • Ben Williams

      here here…. people say ‘oh they are dangerous’ then put silly comments to sink them. Is there any hope for us and our future?

    • Paul G.

      Well said, the important point here is that these Japanese are NOT engaged in research. The number of whales they take, in a very cruel manner, vastly exceeds anything remotely resembling research; which, is done on whales found dead and not killed on purpose. All the harvested meat is offered for sale on the commercial market, sometimes improperly identified. This an obsolete and destructive industry being continued for reasons of pride, tradition and stubbornness. They haven’t been able to sell all of the meat from last year yet they go to the expense of continuing this slaughter. And yes the International Whaling Commission is an interest conflicted farce, where agreement in influenced by economic pressure.

      • Ben Williams

        Yes.. How do you stop it then. You think Sea Shepherd can just pop over and protest outside the Japanese Parliament? They could do that for 20 years while the Whaling fleet have free reign over the southern oceans

      • Dutch Petro

        You simply scuttle them in port, you open the bilge suction and the seacock, and then you leave, you make it so expensive for the fleet to operate they have to stop. You do it quietly, you do not draw attention to yourself, you do not seek glory on TV or media. That’s how.

        • ken

          Oh great, sabotage them… Yeah I am sure the authorities especially in Japan where they want this whaling to proceed would be very happy with that solution. That is so close to the French solution for the Rainbow Warrior in the mid 80’s that it frightens me.
          As much as I think the actions of the Sea Shepherd crew can be a tad overkill, I am happy to side with them on this one, because the Japanese should not be entering a Whale Sanctuary to harpoon these beautiful animals, and definitely should not be trying to refuel down there. If you can’t convince the courts to stop them, not that the Japanese would pay any attention anyhow, you have to hinder their efforts in other ways.

  • REB

    Look at the picture! The pirate ship Bob Barker is trying to cause damage to a refueling tanker! Think of the environmental damage to marine life i.e. the whales food source and to the whales themselves if the tanker was breached or sank. The Sea Shepard organization are not only reckless mariners but reckless environmentalist. Shame on them.

    • stopthegreed

      Why arnt you asking what a fuel tanker is doing below 60 degrees

      • Dutch Petro

        Because it does not justify the stupidity of causing an oil spill in the Antarctic Ocean, by people calling themselves environmentalists.

    • ken

      If the Japanese had refuelled down their they’d be breaking international law themselves. They are operating in a Whale Sanctuary, which they simply choose to ignore, so I guess ignoring the laws regarding refuelling is to be expected as well. The Japanese Environmental terrorists are a law unto themselves.

  • Ben Williams

    Fucking hell…. What a surprise, a US court hasn’t sided with the conservation society. Well fuck you is what I say, the needless slaughter of defenseless, sensitive and what seem to be intelligent animals so the fucking Japanese can eat them is shameful. Maybe the US should concentrate on more important things like how fucked up your nation has become instead of picking on people who are truly trying to help. The methods at times are questionable but necessary… There’s nobody else helping down there.

      • Dana Conklin

        This call for a ban on the purchase of all Canadian seafood products is in direct response to the continued annual Harpoon Seal pup kills that happen every spring on the ice flows of the Canadian Atlantic coast. It appears that the average Canadian does not support these annual kills, and the market for seal skins, largely sold to European markets, has dried up due to European protest of the seal hunts, and yet they continue to occur to the benefit of a handful of entities thus the boycott. This is not simply a Sea Shepherd boycott but is support by many conservation organizations and apparently is having some positive affect although the hunts have not yet been banned. The kill numbers have been regulated because as early as the 1960’s the Harpoon seal populations were at risk of extinction at the then current Canadian kill rates.

      • stopthegreed

        Stop with the acid. Sea Shepherd are not allowed to throw directly at Japanese Whaling crew. Thats a ridiculous statement and not true. No crew have ever been hit or injured. And ive had the stuff all over my hands and arms for hours and it doesn’t burn. But it does smell bad. Sea Shepherd are effective. Thousands of Whales saved.

  • Dana Conklin

    Stuart Reininger, I very much appreciate your thoughtful and through response to the article. It pretty much captured each of the salient points I would include in my comments therefore I say “Ditto!” I am generally one of the greater proponents of the rule of law you will find. But even I understand that sometimes the law fails us in ensuring the greater good and then we have to answer the question as to whether or not, in a given case, and in the end, the end justifies the means. I think we can all agree that sometimes they do. Whether or not this is such a case may still need to be decided.

    It is my personal opinion that the “law” is behind on this one, and not yet caught up to the real issue, and in the meantime, there are those who find that they cannot stand by and do nothing. In the words of Edmund Burke “All that is necessary for the triumph of evil is that good men do nothing.” I believe the Sea Shepherd sees itself as comprised of good men (and women) unwilling to do nothing but stand by while the last of one of the most magnificent creatures alive is slaughtered into extinction. Or even slaughtered, if not to extinction this year, for what is clearly, upon close examination, a highly questionable purpose.

    As for those who claim Paul Watson is only in this for the publicity and money, a modest amount of research into the topic will reveal that Watson and his crews have been fighting the Japanese whalers in the Antarctic oceans for decades with almost no funding and little support, well before ever being depicted on television. So while the suspicion may be valid, the facts point in a very different direction. Whatever Watson’s eccentricities, I believe the facts show his dedication to the survival of whale species cannot be reasonably questioned. Additionally, given the number of years Sea Shepherd has been attempting to stop whaling by interfering with Japanese whalers, it is surprising that no one has been seriously injured or killed on either side. I think it is a testament to the restraint being shown thus far, although more recent events indicate the situation may be becoming more desperate.

    Lastly, to correct the erroneous comment made by another commenter, the boarding of a Japanese whaling boat by a member of the Sea Shepherd crew was NOT an attempt to take over the Japanese vessel, but rather to lodge a personal protest with the captain of the Japanese vessel as it had just rammed (it appears from the footage to have been purposely) and seriously damaged a Sea Shepherd vessel. For the sake of the discussion, when adding comments, please make every effort to make statements accurate to the facts as it will help in forwarding the discussion rather than derailing it with inaccurate data.

    • Ben Williams

      nice comments… now I feel a bit silly for swearing in mine. I am a marine conservationist and just find the miss-informed comments made by people frustrating.

    • http://bigironbegfish.blogspot.com Paul B

      Chris, the tanker was operating legally. I don’t know where the rumor was started that the bunker transfer was done illegally, but this is assuredly not the case.

  • http://bigironbegfish.blogspot.com Paul B

    Some food for thought for folks on both sides of the issue.

    1) While many find whaling deeply disturbing, it IS legal under our current laws (see #2). If there is dissatisfaction with the law, then there must be both a desire and a reason to change the law. The reason that there isn’t a nebulous ‘someone to stop them’ is that they aren’t actually breaking any RECOGNIZED laws by whaling.

    2) Australia’s claim of ownership over the southern oceans is not recognized by international law. Put plainly, no nation recognizes that Australia has the right to claim ownership of oceans outside their boundaries. THEIR CLAM IS SYMBOLIC ONLY. As a signatory to multiple international treaties governing territorial claims, Australia recognizes that they do not actually have any claim to manage or act in stewardship of waters outside their Exclusive Economic Zone, just like every other member of the UN. They are free to claim stewardship over Antarctic waters, but the moment they exercise their claim, other nations will prevent it. This is spelled out in UNCLOS and a dozen other treaties.
    3). Japan has the right and ability to withdraw completely from the International Whaling Convention at any time. If they do so, they will then be free to hunt whales without regulation and without influence from bodies outside of Japan. Because of this, negotiations to end whaling have proceeded slowly (but overwhelmingly in a positive direction over time) as political will is built up. Given that, violent action is very obviously a serious destabilization.

    4). Sea Shepard vessels are manned by volunteers EXCEPT for certain members, who are quite well paid. As a not-for-profit organization, salary data is openly available. Therefore, because officers in Sea Shepard receive pay for their work, cause material harm and jeopardize life and safety, under UNCLOS they are not exempt from being considered as pirates.

    5). There is a great deal of arrogance visible on both sides of this issue. As some comments point out, there is no justification to following immoral laws. That being said, I can’t imagine the idiocy or sheer gall in the mind of a person who thinks that the Nautical Rules, SOLAS, and MARPOL are immoral when they are specifically emplaced to protect all people from harm, regardless of their station or place. Sea Shepard made a BIG mistake this year.

    • stopthegreed

      Oh Please. I think you will find Sea Shepherd will come out of this fine. Australia and NZ will do nothing like they always do. The US has nothing to do with this and Sea Shepherd will once again get huge support from the public on this issue. As for all the laws they will mean very little.

  • Arthur Clark

    Nothing wrong with Hunting Whales and humans eating them so long as it is done legally. We have so many deer here in Maryland that nearly nobody hunts except the the private auto and the deer lay at the side of road until all that is left is the backbone from the turkey buzzards eating the road kill.

    How about all those sharks that many nations fish for, cut off the fin and throw the carcus back into the sea…now that is a real travisty

    • Dutch Petro

      You have never been close to a marine cetacean of any species. The experience alone would change your mind,these animals are so above the level of a deer. They remember, for years,, they remember. they interact, they are grateful for favors done in their behalf.

    • ken

      Everyone I know is appalled by the Shark fin system as well. Whales are hardly as abundant at the Deer in your area. Whales in general have been counted as an endangered species since well before I was born, they need protecting not hunting. Most people will never get to see a whale in person.
      I reckon the judge who ruled on this case needs a harpoon between the eyes. He is fat enough to feed a few Japanese anyhow.
      Incredible how this so called environmentally aware judge has a photo all over the net of him smiling with a dead animal in one hand and a rifle in the other.

  • James

    The sad thing is that the Sea Shepherd campaign in the Southern Ocean is possibly the only thing that ensures Japan’s whaling will NOT stop. Brave and well intentioned it may be but it’s a self defeating tactic. Greenpeace did it for years and years but then wished up and took the campaign to the Japanese people and started getting results. But now with Paul Watson’s ever escalating macho confrontation, the whales will continue to die year after year.

    • stopthegreed

      Greenpeace held up signs and the Whalers laughed at them. Completely different. As for Greenpeace taking it to the Japanese people and getting results. What results?? lol Greenpeace Japan is basically non existent. Greenpeace members even went around Japan eating Whale meat. Sick. Sea Shepherd has now saved the lives of thousands of Whales. Something Greenpeace was never able to do.

  • Pat

    They are pirates and I hope the Japanese kill them all.

    • stopthegreed

      Lovely. Sea Shepherd are Pro life. All life. Crawl back into your hole

    • stopthegreed

      Not the sharpest knife in the block are you. The last person i heard call Whales “fish” was 3 years old.

  • http://bigironbegfish.blogspot.com Paul B

    Ken- probably a good time to point out that a whaling sanctuary enjoys no legal status from non-member states. Australia can claim that the southern ocean is a teapot, but that doesn’t make it whistle. I guess you didn’t read it, but I pointed out earlier that Australia doesn’t have the right to place laws outside their own EEZ (the 200 mile boundary off a nation’s shores where certain resources can be said to belong to the nation). This is spelled out under UNCLOS and disputes are settled at the Hague, for the most part. Australia will only press so far because they are not going to try to redefine where a nation may extend their borders and laws at sea- to do so invites China to do the same, and have you been reading the news about China’s attempts at expansionism? Not a chance, not over some animals. This is a case where you’re being suckered into believing that rhetoric and symbolic statements and acts actually have meaning beyond the range of your sphere of influence. All that does for Australia is get some votes for local politicians. It doesn’t add inches to your unit or money to the bank.

    • Mark Bigelow

      You hit the nail on the head Paul; Great info. Ken is just another America hater that will do whatever he can to twist the facts to justify his rage.

    • ken

      No this is a case where the Japanese are pissing off an entire nation (Australia) by entering our waters and hunting in what is regarded as a Whale Sanctuary. If they want to eat Blubber, kill the fat SUMOS, or better still go harpoon some fat yanks on your beaches. The world knows there is no shortage of blubber in the USA. If you don’t believe me, tune into to Oprah some time…
      If this were happening in your backyard, I guarantee the US navy would be out in force.
      Freaking Americans peeve me off. Yanks think you own the world, and actually take that piss take move “Team America World Police” as gospel.
      I’ll try to put it in simple terms a dumb arsed yank might be able to understand..
      1) Whales are endangered
      2) Waters between Australia and Antarctica are a declared Sanctuary.
      3) refuelling there is a huge no no.
      4) Japan is the only nation breaching this sanctuary to kill these animals.
      5) the so called controlling authority, which regulates whaling is voluntary anyhow, so even if they tell the Japanese to stop, the Japanese would simply quit and ignore them.
      6) Instead of starting wars over greed (oil, minerals….) America should actually be getting involved in trying to protect the planet from environmental terrorists like Japan, or stopping psycho dictators from killing innocent civilians in poorer parts of the world. But that won’t ever happen because America won’t gain anything from intervening in such situations.

  • salt

    As far as I saw in the footage ss was sandwiched between the tanker and the factory and not the other way around. So who’s endangering his crew?
    Furthermore, calling Watson and his men pirates maybe so according the law as justice in the US stated. They moulded the events in the most worst way to end up at their conclusions.
    (And what is filling up an other ship with water?)
    It’s not so long ago, in the news you could see how a catcher sank one of sea shepherds boats and really threatening to drown ‘pirates’.
    The idea,as mentioned above, to scuttle the ‘fisherman’in port was maybe a better solution, saves everybody a lot of fuel.
    The most irritating is, all the “seaman” supporting the verdict seem to overlook how the Japanese acted and looking away as their governments are fooled and laughed at by the Japanese who are hiding behind other ‘treaties”.

    I,for one,feel ashamed every-time government officials use it as excuse to do nothing.
    I don’t mind which country call that particular piece of water his; the main thing is some countries speak out.

  • DonMuerte

    I again re-iterate that everyone is subject to the law, even the laws they see as being unjust. If you have a problem with the way Japan use the law, then CHANGE THE LAW. Because you don’t like a law doesn’t give you free license to put others in danger. What we are talking about is something no different to fishing of endangered or threatened species.

    The purpose of ICR is to produce data about biology, habitat, and population of whale. Through the data that ICR produce, it is the hope of Japan and several other nations that commercial whaling can return, but in a SUSTAINABLE manner. Japan reject many times the horrible species depletion of the past and through entities like ICR want to find ways to enable whale fishing without horrible impact on environment. Japan support the return of whaling under SUSTAINABLE conditions. Poachers and over-fishers for any species are a threat to the entire ocean and there are stern penalties for such behaviour.

    A lot of the protest of Japan is because of people’s feelings toward whales. If people felt this passionate about Goliath Grouper, maybe that population wouldn’t be decimated. People need to take their emotion out of the equation and realise that whale is just another type of seafood and Japan through ICR are not doing anything morally different to groups who kill Goliath Grouper or blue-fin tuna in the run of their research.

  • kevinmackay

    pirate shmirate….

  • JXXX

    I guess the next move of Japan is either using armed mercenaries (should I call them PMC?) or bringing the case to Hague. My observation regarding to the general perception of ss among ordinary Japanese (many of them do not care about whaling at all) is that ss is located somewhere between armed-and-fight-to-death North Korean spy boats and ram-if-you-can’t-run-away Chinese fishing boats caught while fishing in Japanese EEZ without permission. Those Chinese government vessels cruising in and around disputed territorial water are far from ss although they are irritating right wingers a lot.

    Actions like those taken by SS only inflame ever rising stupid nationalism tinted by stupid racism here. I am almost certain that there will be serious use of force, just not simple pushing and shoving (I wouldn’t call them ‘ramming’) as we are seeing, and that will be supported by majority of Japanese, if ss keeps on doing things like what they have been doing so far.

    If you really want to stop whaling by Japanese, you should be little bit more careful about what tactics your are going to employ. The reality is that majority of Japanese do not eat whale meats any more. In other words, whaling is not a food issue for majority of Japanese.

  • Alan Yearwood

    There is NO justification for taking the law into your own hands and putting human life at risk. I’m sorry, but although preservation of whales is a noble cause, the tactics of the SeaShepard’s captain and crew are flat out dangerous and illegal. Vigilantism is NOT the solution. Hope the SeaShepard’s captain is locked up before he damages the environment or worse takes the life of another human being.

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