But they warned that the controversial issue should not become another political football for this year's election.

 

The Government has come under fire this week for so far failing on its 2007 election promise to pursue legal action over whaling in the Southern Ocean.

 

Mr Rudd said on television yesterday that while the Government was still hoping for a diplomatic solution, there was a deadline for achieving a breakthrough.

 

The Japanese Government fully understood both the deadline and the Australian Government's intention to take legal action.

 

"Specifically, what we're putting to the Japanese is to take where they are now, which is the slaughter of some hundreds of whales each year, and reduce that to zero," he said.

 

"If we don't get that as a diplomatic agreement, let me tell you, we'll be going to the International Court of Justice.

 

"If we don't reach a landing point with the Japanese diplomatically, that action will occur well before the commence of the next whaling season, which is November."

 

The comments come ahead of this weekend's visit to Australia by Japanese Foreign Minister Katsuya Okada, when the whaling issue will be raised in bilateral discussions.

 

Anti-whaling campaigners the Humane Society International welcomed the Prime Minister's comments, senior program manager Nicola Beynon saying legal action was the best chance of securing an end to whale hunting in Antarctica.

 

"HSI is extremely pleased that 10 years after we recommended the grounds for the case, the Australian Government is now talking seriously about taking this option," she said.

 

"And that Mr Rudd has clarified that a zero quota from Japan is the benchmark for calling it off."

 

Ms Beynon said the Government should also clarify that it was not about to agree to a compromise to exchange "scientific whaling" in Antarctica for coastal whaling in Japanese waters.

 

"HSI is also concerned that a federal election could get in the way of the international court case and we call on Opposition Leader Tony Abbott to commit to bringing a case against scientific whaling should the Coalition win government later this year."

 

But the Opposition is not likely to make any such a commitment. Backbencher Russell Trood, who chairs the Senate's Foreign Affairs Committee, described Mr Rudd's comments as at odds with Australia's national interest.

 

He said the Prime Minister was pursuing a populist agenda and contriving conservationist credentials ahead of the election.

 

"These matters are much better handled through diplomatic efforts, something Mr Rudd failed to understand even as opposition leader, when he first promised to take Japan to court over the matter.

 

"My fear is that the Prime Minister's latest statement will only cause further tensions in our relations with Japan."

 

Greens leader Bob Brown said the Government should be pursuing legal action immediately.

 

"Thousands of whales have been slaughtered while Kevin Rudd has dithered over action," he said.

 

"Australians were promised court action against whalers by Mr Rudd in 2007. Now he says he'll take action in November, knowing full well that nothing will happen until after the federal election. Meanwhile, the slaughter goes on in Antarctica."

 

The Greens will stage a protest outside the Japanese embassy at ll am today.