Australian Foreign Affairs Minister Stephen Smith said "What is required now to transfer those two men is the agreement of the Japanese Government, which we have, the agreement of the Australian Government, which we have," Mr Smith said. "We now need the full and complete cooperation of the two vessels, the two captains and the two men concerned."

Sea Shepherd were refusing to meet the conditions stipulated by the Captain of the Yashin Maru No 2 to stop interfering with the whaling fleet operations for the transfer of the two crew members, with Captain Paul Watson saying on the ABC 7.30 report "I don't acquiesce to terrorist demands and that's what that is. Holding hostages and making demands is a terrorist tactic."

Asked to justify two members of his crew boarding another vessel without authorisation, which the Japanese have accused as an act or terrorism or piracy, Paul Watson replied "You can run around the ocean jumping on poacher's vessels. They're targeting endangered species and whale sanctuaries, in violation of a global moratorium. The United Nations' world charter of nature on section of implementation under Section 21 E allows for non-government organisations to uphold international conservation law. So, we are authorised to do that. These are poachers, I'm trying to get that through to people. They are poachers."

Section 21 E of the World Charter for Nature, passed by the United Nations General Assembly in 1982, states that "States and, to the extent they are able, other public authorities, international organizations, individuals, groups and corporations shall ....(e) safeguard and conserve nature in areas beyond national jurisdiction."

Section 24 of the charter says that "Each person has a duty to act in accordance with the provisions of the present Charter; acting individually, in association with others or through participation in the political process, each person shall strive to ensure that the objectives and requirements of the present Charter are met."

According to the Australian Foreign minister, Stephen Smith on the ABC 7.30 Report, "the only conditions that will be imposed here are conditions that will be imposed by the Australian authorities and the 'Oceanic Viking', and those conditions will go to the safety and security of this operation.

It was reported by AAP that the transfer may take place in the next 24 hours. According to Kim McCoy, the executive director of the Sea Shepherd Conservation Society, on board the Steve Irwin "We have just spoken very recently with an agent on board the Oceanic Viking customs vessel," she said. "We have received official contact from them stating that they're just waiting for the Japanese to confirm that they're willing to accept those terms."

"My understanding is that the Australian government is not going to impose any conditions on us to stop harassing the whaling, because the whaling is illegal. The only condition that the Australian government wants to impose is the safe transfer, and of course we're going to have to facilitate a safe transfer, we don't want to jeopardise anyone's safety during the transfer of Giles and Pottsy (Benjamin Potts) to our ship.

"Beyond that they've told us that there will be no additional conditions. In other words, we are going to continue intervening against the illegal whaling activity of the Japanese." she said.

Captain Paul Watson told Ali Moore from the ABC 7.30 Report "We're not protesting their whaling operations, we're not protesting them. What we are doing is interfering with illegal activities. This is an interventionist operation not a protest organisation."

Sources:

* ABC 7.30 Report - Jan 17, 2008 - Govt considers sending 'Oceanic Viking' to the rescue
* ABC 7.30 Report - Jan 17, 2008 - Sea Shepherd captain reports from the high seas
* ABC News - Jan 17, 2008 - Sea Shepherd will only accept 'unconditional' Govt help
* news.com.au, Jan 17, 2008 - Anti-whalers contacted over detainees
* United Nations General Assemby 1982 World Charter for Nature

Repost from report on Sydney Indymedia, that contains all source links.
 http://sydney.indymedia.org.au/story/australia-intercedes-safe-return-sea-shepherd-activists