Judge Rules Sea Shepherd Wrongfully Sank Crippled ‘Whale Wars’ Vessel

by Michael dEstries September 25, 2015
Categories: Animals, Causes.

The unfortunate drama surrounding the collision and sinking of the Ady Gil has finally reached a conclusion. An arbitrator last week ruled that the Sea Shepherd acted “wrongful” in their decision to scuttle the ship and not allow for proper salvage efforts.

The trimaran, named for its benefactor and owner Ady Gil, a Hollywood TV businessman and animal activist, famously collided on January 7th, 2010 with a Japanese whaling vessel. The event, captured on film for Animal Planet’s “Whale Wars” reality series, drew international attention for both the conservation organization and its anti-whaling mission.

While the Ady Gil was disabled by the collision, it was by engineering standards apparently never in jeopardy of fully sinking. In rendering her decision, arbitrator Jean Kalicki said Sea Shepherd’s interests were not for the vessel, but likely for the television ratings and public favor to be gained in its demise.

“Respondents nonetheless concocted and implemented a secret plan to scuttle the vessel, for their own reasons and without consulting the vessel’s owner,” she writes in a portion of the ruling (not subject to the protective order) sent to us by Ady Gil. “This decision was not made for the primary reason of reducing navigational hazards….but for purposes of continuing their mission and more fundamentally maintaining the high drama that they believed the Whale Wars audience had come to expect, and on which SSCS’s own popularity (and potential future fundraising) in part depended.”

The arbitrator adds that the Sea Shepherd’s decision was ‘wrongful,” with the matter not nearly so dire that the organization had any right to take the situation into its own hands without first contacting Mr. Gil.

In characterizing testimony for the suit, the arbitrator was particularly harsh on Paul Watson; finding the Sea Shepherd founder in some instances to “be highly evasive, internally contradictory, or at odds with his own prior written statements, and in certain areas simply lacking the basic indicia of genuineness that instinctively inspires confidence and trust.”

As for Gil, she stated his “testimony appeared genuine in intent if somewhat fuzzy in detail, and perhaps colored in hindsight by strong emotions of betrayal on the part of those in whom he had placed a perhaps naïve degree of trust.”

In siding will Mr. Gil, the arbitrator awarded him compensatory damages of $500,000 plus interest from January 8th, 2010 forward.

Over email, Mr. Gil stated that he’s satisfied with the decision and that he “cared more about the truth which came out, than the money.” He added that the compensatory damages received will go back to his foundation, AGWC, to help animals.

Sea Shepherd released a statement to Ecorazzi stating that while they were pleased further damages sought by Mr. Gil were not awarded, they were nonetheless disappointed that any financial obligation regarding the Ady Gil was necessary.

“As Sea Shepherd has always maintained, responsibility for the loss of the Ady Gil lies with the Captain of the Japanese vessel Shonan Maru #2, who destroyed the ship without consequence,” the organization said. “Sea Shepherd has been pursuing the Japanese whalers in court to compensate for its loss of the use of the vessel and will continue to do so.”

They added: “Sea Shepherd went to the Southern Ocean prepared to risk our lives and our ships; achievement was spectacular in terms of the thousands of whales saved. While we regret the loss of the Ady Gil, we do not regret the fact that our actions not only saved whales but also contributed to the International Court of Justice verdict that declared Japanese whaling operations in the Southern Ocean illegal.”

About Michael dEstries

Michael has been blogging since 2005 on issues such as sustainability, renewable energy, philanthropy, and healthy living. He regularly contributes to a slew of publications, as well as consulting with companies looking to make an impact using the web and social media. He lives in Ithaca, NY with his family on an apple farm.

View all posts by Michael dEstries →

MDDO

This whole situation is terrible, but does the author actually know who Machiavelli was?
- ecorazzi
  
  MDDO – Thank you for your comment. We can see how that would be misconstrued and have changed the language. Appreciate the insight.
lilredhsb

Finally justice for Ady Gil and once again proof PW is nothing but a liar.
- marcus
  
  Ady Gil and Pete Bethune are just grubby old men who make out they care about the environment when in reality they care more about themselves with little to no clue about Conservation.
  - Joseph Kool
    
    You just described Paul Watson
  - marcus
    
    Yer Nah. The two I described have No History in Marine Conservation and pay women for sex. Yet Paul Watson Has over 50 years saving marine Wildlife and has a wife. Huge difference.
Eliezer Ben Yehuda

I’m so old that I remember that the ===actual=== job of a shepherd, is to prepare the livestock for slaughter.
- Tracey Dunn Williamson
  
  The sheperd is the one who watches and protects.
  - Ólavur Petersen
    
    Hardly. If they actually wanted to make a difference, then they would target those who pollute the ocean rather than the hunters, as the hunters aren’t any threat to the ocean, while those who pollute are.
    
    Only a truly simple mind would think Sea Shepherd has ever made a difference, as they aren’t even doing anything right
Kevin Yzaguirre

Ady Gil Parasite and money monger who cares for wildlife about as much as a cattle rancher in that all he sees is dollar signs. How dare you call Paul a liar. This man has done more for ocean wildlife than all other organizations combined. When, for example have you seen ANY other organizations in the Southern Ocean? For that matter when was the last time ol Ady did anything except cash checks?
- mitchell9
  
  “…have you seen ANY other organizations in the Southern Ocean? ”
  
  Of course we have. Why haven’t you?
  Surely you are aware that Greenpeace was in the Southern Ocean both before Sea Shepherd and also overlapping the time frame of the first few Whale Wars seasons.
  - Kevin Yzaguirre
    
    Greenpeace has NOT been in the southern ocean in years and when they were there what good did they do? Hold up signs asking or rather begging them to stop? Yes greenpeace will take credit for the ruling against Japan but SSCS. Boats don’t go to protest they go to intervene. Big, no huge difference.
  - mitchell9
    
    The fact is that Greenpeace had been going down there before Sea Shepherd. Greenpeace was still in the SO the first two years that Sea Shepherd was there. GP didn’t prop foul or throw bottles, but they did try to disrupt refueling.
  - Kevin Yzaguirre
    
    No one disputes the fact they USED to go down there but they haven’t been in years. Since SSCSW has been there the whale counts have dropped significantly to less then 10 % of their quota. Greenpeace cant say that.
  - mitchell9
    
    Double check the question you originally asked:
    “When, for example have you seen ANY other organizations in the Southern Ocean? ”
    
    I told you when, I told you who.
    
    Now go double check your math. You claim that Japan has only achieved 10% of their quota during the SSCS years? Sea Shepherd began their SO campaigns during the JARPA I era in ’02/’03 when the minke quota was 440. That was the only species targeted under that program. Japan took 441 whales that year.
    
    SSCS did not return to the SO again until ’05/06 season with a helicopter. The Japanese are now under the new version JARPA II program with a quota of 850 for minke and 10 Fin whales (Two year feasibility study for Fin)
    Catches:(source: IWC catch limits under permit)
    05/06………856 minke …..10 fin
    06/07………508 minke……..3 fin
    
    The fin quota is raised to 50 for the remainder of the program. Humpbacks were considered but never taken as part of a compromise deal made with the US Commissioner of IWC.
    Catches: (source: IWC catch limits under permit)
    07/08………551 minke……..0 fin
    08/09………680 minke……..1 fin
    09/10………507 minke……..1 fin
    10/11………171 minke……..2 fin
    11/12………266 minke……..1 fin
    12/13………103 minke……..0 fin
    13/14………252 minke……..0 fin
    
    To say that SSCS has held them to under 10% of their quota is a misstatement of the facts. In fact, more whales have been killed during the Sea Shepherd years than during the Greenpeace years. Most of that is because the quota changed. You might also recall that in the 10/11 season Japan started to arrive in the SO a full month later than previously, thereby shortening their season and opportunity to catch whales. This along with SSCS harassment is the reason for lower catch numbers since that time. BOTH play a role in the reduced catch.
  - Kevin Yzaguirre
    
    Your right my math is bad I am talking total catch not Antarctic. I apologize but in 12/13 it was less then 10%. And even so starting in 10/11 the numbers were cut by half of their Southern Ocean quota. To say Greenpeace had any better success is just wrong.
  - mitchell9
    
    Well total catch would be skewed even more in my favor (well above the 10% threshold) since Sea Shepherd has no impact on North Pacific catches. Best set the math aside. And fwiw 10% of (850 + 50) = 90. The catch of 12/13 at 103 is greater than 90; greater than 10%.
    
    Greenpeace takes a different approach to be sure and I don’t say they are better or worse. but their success is not measured in imaginary saves of whales for which there was no opportunity to catch.
    
    I already suggested to you that another reason for low catches was the one month delay in the start of the program beginning in 10/11, the same year that they retired their refueling tanker Oriental Bluebird. This ship both refueled and also offloaded whale meat for return to Japan mid season. Without that vessel, there is simply no way that the Nisshin Maru has the capacity to even carry a full quota on board. To suggest that Sea Shepherd is solely and exclusively responsible for the drop is just plain wrong. Sea Shepherd is a factor but not the only factor; despite the claims by Paul Watson.
    Look at these claims with a critical eye and before you dump all over a man you know nothing about in favor of a man you think you know, become better informed on what’s really going on here.
  - Kevin Yzaguirre
    
    This year, Japanese whalers had their least successful hunting season on record, taking fewer than half the animals they killed during 2011-2012. The Japanese government blamed the meager harvest on “unforgivable sabotage” by the anti-whaling group Sea Shepherd Conservation Society, an accusation that Sea Shepherd claims as a badge of honor.
    
    It was a short, dismal season for the whalers, who were followed and harassed by four Sea Shepherd vessels across the waters off southwest Australia. They returned to Japan with their lowest Antarctic catch ever: just 103 minke whales, far short of their stated goal of 935. The whalers had also set out to kill 50 humpbacks and 50 fin whales, but took none.
    
    The tally was announced this week in Tokyo by Agriculture, Forestry and Fisheries Minister Yoshimasa Hayashi, who blamed Sea Shepherd for the low numbers and called clashes with the activists “sabotage.”
    
    The hunt lasted 48 days, 21 of them spent avoiding Sea Shepherd, according to the Institute of Cetacean Research, the official name of Japan’s whaling operations. Japan has been engaged in “’research whaling,” since 1987, though catches have been shrinking in recent years, largely due to Sea Shepherd’s interventions.
  - Kevin Yzaguirre
    
    Just one of many articles released
  - Kevin Yzaguirre
    
    Kind of hard to deny when the other side is singing your praises for you
  - Pete
    
    Rubbish. Greenpeace achieved nothing. Sea Shepherd did. That’s fairly obvious.
  - marcus
    
    Greenpeace even went on New Zealand TV saying “they” sent the fleet home early by putting pressure on the Japanese government. When in truth it was because of Sea Shepherd Harassment. The Japanese even went on record saying Greenpeace had nothing to do with them returning early. Greenpeace is completely hopeless. Sea Shepherd achieved more in just one year in the Southern ocean than Greenpeace their whole history going down there. Watch “battleship Antarctica” produced by Greenpeace. A real eye opener to how hopeless Greenpeace are.
  - marcus
    
    I don’t really think putting a zodiac in the water and between to massive ships for a photo opportunity was really trying to disrupt refueling. There is forage on you tube showing what happened and you can clearly hear a crew member yelling” have you got the shot” before they pull the boat away.
- Ólavur Petersen
  
  Really now? Want me to show you Watson desperately wanting goons like you to donate to get 4 boats, and now saying “Maybe” we’ll get 4 boats? That’s not only lying, but also scamming.
  
  Face it, Watson is worthless. He doesn’t even know the first thing about conservation.
  - Kevin Yzaguirre
    
    Axe to grind or grind to go to? I guess it wasnt sea shepherd that shut down the bandit six in the southern ocean. Oh and its not sea shepherd on the ground in Costa Rica, Hondurous, And Florida protecting Sea Turtles. Oh yeah i forgot it wasnt Sea Shepherd that has saved over 5000 whales in Antartica over the past years.
  - Ólavur Petersen
    
    Saying “Sea turtles” is redundant, as there are either turtles (aquatic animal) or turtoise (land animal).
    
    Anyway, you’re clearly brainwashed by their lies. They haven’t saved a single whale anywhere. Take their most recent lie for example “We saved 500 whales in Faroe Islands on Wednesday”.
    Now, I work in a small town between Fuglafjør and Gøtu, and I saw both Sam Simon and Bob Barker sail back and forth between those two villages, and the weather was cloudy, and rainy, while the pictures they showed, the weather was sunny and clear. It was really easy to call that lie, but you probably believed it without a single doubt.
    
    Oh and there’s nothing to protect sea turtles from. In “protecting” them, they are hurting other wildlife such as birds. Birds whose seasonal diet at that time is baby turtles. It’s the natural way of life, and they have no right to interfere with that.
  - Kevin Yzaguirre
    
    Had a feeling you lived there I really don’t think it’s about me being brainwashed, but probably all that poison whale neat on your feeble little brain. Yes whales gave been saved even the ICR has confirmed that Sea Shepherd has been responsible for them catching only a fraction of their quota.
  - Ólavur Petersen
    
    Feeble brain, and yet you’re the one who makes a mistake in your spelling… ironic.
    Anyway, you don’t even care about facts, and only believe what Watson says because it sounds cuter.
  - Kevin Yzaguirre
    
    Facts? people like you care nothing about facts because the FACTS of the situation tell the whole world how wrong you are. No someone like you just goes on and spreads filthy little lies so as try and justify your barbaric slaughter of innocent creatures for some misguided since of tradition. Let me ask you. What kind of a society is it that takes pleasure in the slaughter and blood lust your countrymen are partaking in? Is this in any way civilized? No but you would rather deflect the focus away by spewing out garbage which has no FACTUAL base. I’m really not mad at you or your murdering comrades, but rather I feel extremely sorry for you.
  - Ólavur Petersen
    
    Wow, you really got everything backwards there mate. The sad thing is, people like you are the ones who are blind to facts.
    For example, pilot whales are flourishing, and we have the research to back that up. Documents going back 100’s of years.
    But you of course deny this, because Watson (an uneducated idiot) says so.
    I mean honestly, I could give you every single fact, and show you exactly how wrong people like you are, but why bother? You’ll just deny it anyway.
  - Kevin Yzaguirre
    
    First of all were not mates. Anyone who would take pleasure in the killing of another innocent being would never be my mate. Second of all I really don’t care how many are in the ocean the torture, by driving them, and the cruel slaughter is the thing that’s wrong. Its a fact that your “tradition” is outdated and wrong. That why every civilized person on the planet is saying so.
  - Pete
    
    Your ” facts” really are just thoughts you have made up in your head. If the Japanese admit that Sea Shepherd have protected lives of whales by interference then maybe you should Man up and just admit they have also.
  - Pete
    
    Strange because every single year that Sea Shepherd went to Antarctica and confronted the Japanese the Japanese fleet would return home saying they were unable to kill whales BECAUSE of Sea Shepherd interference. That blatantly says Sea Shepherd saved lives.
  - Pete
    
    Voted in the top ten Conservationists in the world of our time by Time Magazine I think you are delutional to think he hasn’t a clue.
  - Kevin Yzaguirre
    
    I’ve met the guy and talked with him. And yes beyond a doubt he is only about the money. He actually took credit for closing the Hump restaurant.
  - marcus
    
    I’ve met Paul numerous times. I have a completely different impression. Sea Shepherd had one of the highest ratings for a non profit for years with close to 97% of funds donated going back into campaigns. With Paul Watson taking a very small income himself considering he works full time on the Organisation. When you compare him to groups like Greenpeace he comes out looking Stella. Their rating has dropped over the past few years because they have had to retain good skippers and engineers. But over all they are still one of the best Organisations to give money too. Paul Watson and Sea Shepherd are donated millions and yet he lives a very modest life and takes very little. He may be after money but this is to keep everything maintained.
djoyce

Larger vessels have the right of way because they can not turn as fast. The loss of the vessel is entirely at the hands of Sea Shepherd. They knowingly cut the japanese vessel off, which was the bigger ship, which had the right of way.
- http://theinconvenienttruthonwhaling.blogspot.com/ kujirakira
  
  The fact that SS found it necessary to destroy the SIMRAD (blackbox for ships) by throwing it overboard also demonstrates their culpability – and their awareness of that culpability.
  When Maritime Authorities in New Zealand recovered the SIMRAD from a beach in Tasmania, it was discovered the Earthrace vessel accelerated straight into the collision while a swell caused the SM2 to “dip” starboard.
  - Pete
    
    Actually it showed both skippers to be at fault. As reported by the NZ maritime Authority.
  - marcus
    
    Tasmania is in Australia not New Zealand
- Steve Bone
  
  “Larger vessels have the right of way because they can not turn as fast.”
  
  Are you sure about that?
  - Ólavur Petersen
    
    Seeing as SS could have easily gotten out of the way, there is no excuse. In fact, there is no reason the bigger ship should have to change its course, just because some idiots put themselves in front of the ships path. That’s just asking for it.
- AlphaNerd
  
  It intentionally turned toward and hit the Ady Gil.
  
  No defense for the evil bastards and you are a piece of dirt for defending them.
  - Joseph Kool
    
    You mad?
Gina Christopher

It’s all unfortunate, but let’s not forget why they were out there in the first place…to save whales…let’s get back to that!
- Ólavur Petersen
  
  Thing is, there is no good reason to save whales. For one, barely any of the ones that are hunted are endangered, and won’t become endangered due to whaling, but rather pollution. If Sea Shepherd actually cared for marine life, then they would be fighting pollution, not petty harassment of hunters. Is it really that hard understand?
  Also, whales don’t have any purpose to the ecosystem, they simply exist. The only thing that really matters in the ocean is the plant life in the (euphotic) zone, which provides much of the oxygen the planet needs.
  “If the ocean dies, we die”. Yeah, I agree, 100%. However, trying to save the whales won’t make a difference to saving the ocean.
  
  No matter how you look at it, Sea Shepherd have no purpose to exist as they don’t even do what’s needs to be done to save the ocean.
  - Tracey Dunn Williamson
    
    I was unaware that other beings here with us have to serve a purpose to be of value, but that is the human thought process. If I can’t exploit it, make money from it, it has no purpose. Perhaps that is the reason to save the whales , they do not possess such disgusting behavior or traits. Its really not up to you to dictate who has purpose. If you want to play that game ….You have zero purpose in the eco system as well , only sucking up resources.
  - Pete
    
    Actually you have no purpose on this planet either. If you died the planet would probably be in a better state. Should we hunt you? The stupid thing is you believe species need to be under threat of extinction before we should care. And that’s why this planet is screwed. And Sea Shepherd do plenty towards cleaning our oceans and beaches. Just because you don’t see it on TV dont Assume it doesn’t happen
  - Ólavur Petersen
    
    You didn’t even read half of what I said, did you? Hunters are no threat to animals, because animals reproduce more than which is hunted.
    The real threat is pollution, simple as that. So no, Sea Shepherd doesn’t do ANYTHING to help the planet. In fact, all Sea Shepherd is, is a scam group. “Donate now” and none of that donation money goes to help anything, rather end up right in Watson’s pockets. It’s just so blatantly obvious.
  - Gina Christopher
    
    I get it, you’re a hunter….it all makes sense now.
  - Gina Christopher
    
    AND a SS hater…okay, got it. Have a great day.
  - Pete
    
    Actually you are completely wrong. Sea Shepherd does numerous other things to save marine ecosystems around the world. You need to look past the end of your nose and you would have seen this
  - Gina Christopher
    
    People aren’t endangered, should we cull them too? Geez, SMH. Let’s just kill all things you believe are not required on this earth! Show some compassion…
  - Ólavur Petersen
    
    Show some common sense, and maybe I’ll consider your comments.
  - Gina Christopher
    
    Don’t bother because I don’t even consider you.
  - Kevin Yzaguirre
    
    SSCS does fight against pollution and LOL they do whats need to be done
TheShepherdsStaff

The Ady Gil was out of fuel. It couldn’t yield to the larger ship…. It couldn’t move! And any fault in that case would be that boats captain… Pete Bethune. Paul Watson was not on that boat to make any decision about it yielding to the Shonan Maru
- Bernd Konfuzius
  
  this is not about the collision. after being damaged the ship was dragged elsewhere and then the decision of sinking it was made and yes Paul Watson was very much involved in making this decision.
- mitchell9
  
  Out of fuel?
  Bullshit. It was low on fuel but not out. Read the NZ investigative report. The boat was clearly under power at the time of the collision and there is even a statement from the helmsman as to his engagement of the throttles and then an attempt to reverse under power.
Pete

This is nonsense. This vessel was scuttled because there was no other option. The Ady in a completely flat sea was breaking towlines. To think it could then be towed anywhere through some of the largest storms and seas on the planet is complete nonsense. Pete Bethune at the time agreed and the Ady was let go. There was no other option. To risk other crews lives over a vessel that was wrecked would have been stupid. If anyone is to blame for this whole mess it would be Pete Bethune himself and the skipper of the Shonan which is what the NZ Maritime Authority showed.
- Ólavur Petersen
  
  No other option? You’ve never really been at sea have you? The boat was by no means so badly damaged that it couldn’t have been towed to port, so they had no excuse.
  Also, they threw away the “Black Box” which is very shady, and shows SS are guilty of something.
  - Pete
    
    Listen carefully. The Ady was breaking towlines in a completely Flat ocean. The French base was contacted to see if the Ady could be left until a ship could arrive to transport it back to Australia. The French refused saying they didn’t want the risk of having a damaged vessel in their bay over winter. So clearly towing the Ady at 3 knts breaking towlines in flat seas made it completely obvious to everyone there was no way to tow the Ady all the way back to Australia taking several months breaking towlines and into some of the biggest storms on the planet. Its obvious you have no clue about the situation.
Pete

OK so the Ady was run down and damaged because both skippers were at fault. This was the outcome of a NZ maritime report. The Bob Barker then tried towing the Ady backwards because of the frontal damage and towlines began to break while towing the Ady at around 3-4 knts. So the French were then asked if they would hold the Ady at their base until a ship could be sent to retrieve the damaged Ady. The French refused. So the the only option was to tow her back doing 3 knts through some of the largest storms and seas on the planet risking all crew. This was never going to happen. Every time the towlines broke the zodiac had to be put in the water and the towlines taken back to the Ady and reattached. This in flat seas was difficult. In any large sea or worse a storm would be impossible. So everyone who thinks this is what should have happened needs to pull their heads out of their butts and get an understanding of how dangerous this would have been.
Joseph Kool

Japanese whalers are not poachers. They’re just regular hard working men trying to do their jobs while being harassed by lunatics and their trust fund followers.
- Rodrigo Gil
  
  Awwww poor victims violating a whale sanctuary and harpooning whales causing them slow and painfull deaths to perform a fake research, while being harassed by SS evil ugly monsters who try to save the whales.
  But i guess it’s the Japanese government fault cause they were the ones sending the fleet to kill whales…
Joseph Kool

Sea shepherds are going down soon.
- marcus
  
  You are right. They are going down south again to hunt Toothfish poachers.