"THE Rudd Government is preparing to send the navy and air force to monitor Japanese whalers about to enter Australian waters.

Aircraft are expected to follow the whaling fleet, which left Japan about a month ago.

Evidence gathered is expected to be used in a legal fight with Japan's Government.

Attorney-General Rob McClelland is to take legal action against illegal whale catches, which the previous government had resisted because of advice it could upset parties to the Antarctic Treaty. Sources said court action could start next week.

Labor has previously ruled out interdiction at sea.

Prime Minister Kevin Rudd will announce details next week, but said the military could be used to gather damning evidence against Japanese harpooners.

He said his Government took seriously Australia's international obligations to protect whales from unauthorised killing and would look at measures to fortify any future case to be brought before international legal tribunals.

Labor policy before the election was to use military aircraft and vessels to watch whalers who had permission to hunt for research only and not commercial purposes.


Mr Rudd declined to say whether the navy had already been sent.

Japan does not recognise a huge whale sanctuary Australia has declared in the Southern Ocean.

This year the Japanese will engage in their biggest whale hunt, they can kill 1000, since a 20-year moratorium on whaling ended two years ago."