Whaler could be sued over ramming

Greenpeace says that despite the damage, the Arctic Sunrise is seaworthy and its navigational ability has not been affected. Picture / Greenpeace

Greenpeace is considering legal action after a "terrifying" collision between a Japanese whaling boat and a protest vessel in the Southern Ocean, which was caught on film.

The Greenpeace protesters - including two New Zealanders - have been tailing the Japanese "scientific whaling" fleet across the Southern Ocean Whale Sanctuary since December 21.

Each side blames the other for the potentially life-threatening incident around 8am on Sunday (2pm NZT), which left the Greenpeace vessel Arctic Sunrise with a huge dent in its hull and a bent mast.

Greenpeace said it was looking at taking legal action.

Greenpeace expedition leader Shane Rattenbury said protesters in inflatable dinghies had been using rollers on poles to paint the words "whale meat" on the side of a supply vessel that was tied alongside the whaling fleet's mother ship, the Nisshin Maru.

Mr Rattenbury, who was on the bridge of the Arctic Sunrise at the time, said the Nisshin Maru suddenly detached itself from the supply vessel and started heading straight for the Greenpeace vessel.

"There was absolutely no need for it to make that move ... It did that full circle and came for the Sunrise."

At 129m long, the Nisshin Maru is more than twice as long as the Arctic Sunrise and about six times heavier, he said. "So to see it bearing down on us was a terrifying experience ...

"Everyone very shaken after the incident."

But Japan's Institute of Cetacean Research (ICR) says the Greenpeace vessel deliberately rammed the Nisshin Maru as it was refuelling.

Director-general Hiroshi Hatanaka said the Arctic Sunrise's bow hit the side of the Nisshin Maru twice.

"The captain of the Nisshin Maru confirmed to ICR today that Greenpeace had rammed our vessel, which has sustained some damage. Luckily, no crew members were injured," he said yesterday.

Dr Hatanaka said another group, Sea Shepherd, also had a boat, the Farley Mowat, in the area during the incident.

He said the Nisshin Maru's crew did not know what the people in inflatables were doing and were concerned they might be attaching a bomb.

"Greenpeace and Sea Shepherd are working together, and this concerns us greatly. In the vastness of the Antarctic Ocean, it is just impossible to find a ship unless they are co-operating," Dr Hatanaka said.

However, Mr Rattenbury said video footage of the incident showed clearly that the Nisshin Maru was the aggressor.

The ramming was "a clear attempt to intimidate Greenpeace and have us cease our protests and our actions to stop the whaling".

He said it was not true that Greenpeace was co-operating with Sea Shepherd, which has been linked to attacks on whaling vessels in Norway and elsewhere.

"Frankly we don't know how they found us either; we've had very little radio contact with them ...

"We have made it very clear all along that we are working independently. The ICR can say what they like, but those are the facts."

Mr Rattenbury said it was "outlandish" for the whalers to claim they had feared the protesters were planting a bomb on their ship.

"We have communicated very clearly with the ICR in Tokyo since we've been here and we have sent them letters saying we have no intention of harming any of their crew or damaging any of their ships ...

"For them to suggest that we'd be planting a bomb flies in the face of 35 years [of] Greenpeace history and reputation."

He said Greenpeace had carried out similar "branding-type protests" on other ships, such as those carrying illegal timber, over the years.

"It's a way of bearing witness to the crime we believe is going on.

"In this case, we branded the supply vessel because it was clearly implicated in the whaling operation: supplying fuel four or five days ago and now acting as courier for the whale meat operation."

Immediately after the incident, the Nisshin Maru turned around and started "steaming north", Mr Rattenbury said.

"We've followed them all through the day and all through the night - no whales killed since Saturday lunchtime, which is a good thing."

He said he had no idea where the Japanese vessel could be headed.

The catcher vessels - the ships that actually harpoon the whales - have disappeared.

"But they always come back to the mothership, which is why we stick with that one."

The Arctic Sunrise was sporting "a significant dent", but luckily it was above the deckline and the hull had not been pierced, he said.

"Our foremast is bent but we've managed to secure it so it doesn't actually collapse.

"Our vessel is seaworthy and our navigational ability has not been affected so we're quite fine at the moment."

He said the team was undaunted by the violent clash.

- NZPA