FALQs: What Rules Govern the Grindadráp (Whale Hunt) in the Faroe Islands?

This post is part of our Frequently Asked Legal Questions series.

Today, July 29, marks the National Day of the Faroe Islands, a semi-autonomous island that is part of the Kingdom of Denmark. While small, with a population of about 55,000, the Faroe Islands has become known for its traditional Grindadráp (Whale Hunt), which hails from the Viking Age. In particular, the 2021 whale hunt, where 666 long-finned pilot whales and 1,423 white-sided dolphins were killed in the bay of Skalafjordur, caused international uproar.

However, this was not the first time the Grindadráp had caused international interest. In 2015, the Fareose Government published a response to a Newsweek article, which described the hunt, stating that the rules of the hunt had been misunderstood and misconstrued by the newspaper. For example, the government particularly noted that the whales (and dolphins) “are not …’ hacked to death by locals using hooks and knives,’” explaining instead that a spinal lance is used, to guarantee a quick death. In 2017, the Faroese government also published a memorandum on community-based whaling in the Faroe Islands.

Following the unusually large hunt in 2021, the Faroese government proceeded to set new limits on how and when Grindadráp can occur, specifically by limiting the number of dolphins caught each year to 500. Annual statistics are available on the Faroese whaling site and indicate that the size of the catches has ranged between 300 and 1,200 for pilot whales and 1 to 1,423 for white-sided dolphins during the 21st century. Older statistics are also available dating back to 1584. In older times, as described in Føroyar sum Rættarsamfelag 1535-1655, the catches were recorded in royal records with a percentage of the catch being collected by the state. For example, in 1635, 400 pilot whales were killed in Miðvági and 45 of these belonged to the king whereas in 1626, 100 whales where killed in the same area, with 18 belonging to the king.

The Grindadráp is a continuous tradition in the Faroese community, and while the Faroe Islands had strict rules during the COVID pandemic, the government then decided to proceed with the grind, stating that the activity could be carried out following the then-applicable hygiene rules.

How are the Faroe Islands Regulating Whaling and the Whale Hunt?

Whaling is regulated by the Ministry of Whaling, and the rules are set with assistance from with the national veterinarian. Specifically, the hunt of pilot whales and dolphins is regulated in the Faroese Parliament Act on Pilot Whales and Other Whales(Grindadráp Act)(Løgtingslóg nr. 56 frá 19. mai 2015 um grind og annan smáhval, sum seinast broytt við løgtingslóg nr. 91 frá 7. juni 2020) and the Regulation on Pilot Whales (Grindadráp Regulation)(Kunngerð nr. 9 frá 26. januar 2017 um grind og annan smáhval, sum broytt við kunngerð nr. 122 frá 29. august 2022). The most recent update to that regulation was made in 2022, allowing the Faroese minister of fisheries, Landsstýrismaðurin, to halt whale hunts in specific areas. An English translation of the act as in force in 2016 is available on the whaling ministry website.

The law provides that the following mammals may be hunted during the Grindadráp:

Long-finned pilot whale (Globicephala melas),
Atlantic white-sided dolphin (Lagenorhynchus acutus),
White-beaked dolphin (Lagenorhynchus albirostris), and
Common bottlenose dolphin (Tursiops truncatus) (2 § 1 Grindadráp Act.)

To participate in the hunt, a person must be 16 years old or older and complete a pilot whaling course and certification proving knowledge of the applicable whaling legislation, including how to use the whaling equipment, current killing methods, and how to determine the death of the animal. (Id. 5 § 1) A minimum of 50 persons may together constitute a community for the basis of conducting a collective Grindadráp. (1 § Grindadráp Regulation.) Persons participating in the collective hunt must be able to communicate with each other, and the district administrator, together with the whaling foremen, is responsible for ensuring that this is done. (4 § 1 Act on Pilot Whales and Other Wales.) The regulation also provides for how the animals must be killed (using a spinal lance) in the shallow waters of the bay and that the hunters must ensure that the animal is dead. (16-19 §§ Grindadráp Regulation.)

The Minister of Whaling also has the power to issue further instructions pertaining to the hunt. While the hunt itself is regulated, it is also prohibited to intervene or prevent a lawful Grindadráp (3 § 4 Grindadráp Act), and it has been reported that activists trying to stop the hunt have been arrested in the past. While whale is a traditional food staple in the Faroe Islands, the meat cannot be imported to Denmark and is subject to fines.

How does the Faroese Government comply with International Rules?

The Faroese government cooperates with the North Atlantic Marine Mammal Commission (NAMMCO), and the International Whaling Commission (IWC). The Faroe Islands are also party to The Convention on Migratory Species of Wild Animals (Bonn Convention), although it is not party to the agreement on the conservation of small cetaceans in the Baltic Sea and North Seas (ASCOBANS), which Denmark is party to.

Has there been international criticism?

The Faroese practice has awoken criticism outside its borders related to the hunt. For instance, members of both the UK and EU parliaments have discussed and criticized the occurrence in their respective assemblies.

The International Union for Conservation of Nature’s Red List of Threatened Species (IUCN Redlist) has listed pilot whales as a species of least concern, stating that the Faroese whale hunt appears to not have affected the population of pilot whales in the region.

Is there a regional prevalence of whaling?

The Faroe Islands are not the only North Atlantic jurisdiction that hunts whales. Whaling is also conducted in Iceland, which adopted new rules in 2023, and Greenland.

Additional Law Library of Congress Resources

Print resources

Online resources

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