Foreign Relations of the United States, 1981–1988, Volume XLI, Global Issues II

311. Information Memorandum From the Acting Assistant Secretary of State for Oceans and International Environmental and Scientific Affairs (Marshall) and the Acting Assistant Secretary of State for European and Canadian Affairs (Kelly) to Secretary of State Shultz¹

Washington, March 18, 1985

SUBJECT

• Soviet Whale Certification

Summary

The Soviet Union will soon be certified under the Packwood and Pelly Amendments because its harvest of Southern Hemisphere minke whales has resulted in the International Whaling Commission’s quota being exceeded.² Certification under the Packwood Amendment will require at least a 50 percent cut in the Soviet fishing allocation in U.S. waters, while the Pelly Amendment could require a ban on the importation of Soviet fisheries products into the U.S. Certification will severely damage the U.S.–Soviet fishing relationship and could adversely affect overall U.S.–Soviet economic relations. Once certified, the Soviets will need to revise their whaling practices in order for the sanctions to be rescinded.

Background

Although we have raised the issue of certification with the Soviets on several occasions, including your meeting with Ambassador Dobrynin on February 13,³ and Secretary Baldrige’s meeting with Gosbank Chairman Alkhimov on March 4,⁴ the Soviets have not responded to our concerns. The Commerce Department is considering a letter, prepared by EUR, to Trade Minister Patolichev following-up on Secretary Baldrige’s meeting with Alkhimov to explain the operation of the certification process and to cushion the blow slightly.⁵ We expect a response from the Department of Commerce by March 20.⁶ In our discussions with the Soviets, we have emphasized the declining importance of the whaling industry, noting that the Japanese plan to restrict their market for whale products (the only one for the Soviet whale catch).

Southern Hemisphere minke whales are caught primarily by the Soviet Union and Japan; in the past the Japanese and the Soviets have negotiated agreements allocating the IWC quota between the two. This year the two countries did not negotiate such an agreement and both have objected to the sharply reduced IWC overall quota for Southern Hemisphere minke whales (4,224 whales down from 6,655 last year). According to information provided by the Bureau of International Whaling Statistics (BIWS), the Soviets caught 2,403 whales as of March 9, while the Japanese had caught 1,888, totaling 4,291. In mid-February, we informed the Soviets that, in the absence of an agreement allocating the 1984/85 Southern Hemisphere minke whale quota between Japan and the Soviet Union, we would look to past practice to determine what level of Soviet and Japanese minke whaling is consistent with the current IWC quota (1,941 for each country).⁷ Japan has notified the BIWS that on March 12 all Southern Hemisphere minke whaling ceased for this season after 1,904 whales were taken.

Soviet failure to hold their catch to 1,941 means that Commerce will begin the certification process now that the overall IWC 1984/85 Southern Hemisphere minke whale catch limit of 4,224 has been exceeded. A decision by the Secretary of Commerce to certify the U.S.S.R. under Pelly requires that the President exercise his discretion under that statute as to whether to restrict the importation of Soviet fishery products ($16.6 million in FY 1984) consistent with provisions of the General Agreement on Tariffs and Trade (GATT). Certification of the Soviets under Packwood requires that the Secretary of State reduce (no discretion) the Soviet Union’s directed fisheries allocation by at least 50% (we estimate this to be about 70,000 metric tons for the 365 day period). Reduction of the Soviet directed allocation could adversely affect Soviet participation in joint ventures. This would have an adverse effect on an existing West Coast joint venture, and could hamper current plans by U.S. fishermen to develop new joint ventures. It could also hinder proposed efforts to renegotiate the existing U.S.–U.S.S.R. fishing agreement, as well as a potential access agreement to Soviet waters.

Certification can be lifted if “the reasons for which certification was made no longer prevail.” The Commerce Department review of available facts for possible termination of certification would include any change in Soviet compliance with the IWC non-explosive harpoon ban, and in particular Soviet compliance with the IWC 1985/86 commercial whaling moratorium. Therefore, Soviet agreement to withdraw their objection to the moratorium such that they would cease all commercial whaling and comply with the moratorium could meet Commerce’s criteria for lifting a certification. If the certification is not lifted within a year from the date of certification, all remaining allocations must be rescinded and no more allocations can be made until the certification is terminated.

1. Source: Department of State, Chronological Files, 1984–1985, Lot 86D362, March #2(2) 1985 Completed Items. Confidential. Drafted by Kendrew on March 11 and cleared by Blumberg, Flournoy, Arnaudo, Snead, Dembski, Pascoe, and Palmer. There is no indication Shultz saw the memorandum.
2. In telegram 65290 to Moscow, Tokyo, and Brasilia, March 5, the Department informed the Embassies that the quota for 1985 was 4,224 whales. (Department of State, Central Foreign Policy File, D850148–0031)
3. No record of this meeting has been found.
4. Not found. Briefing material for this meeting is in the Department of State, Chronological Files, 1984–1985, Lot 86D362, March #2 1985 Completed Items.
5. In telegram 105845 to Moscow, April 8, the Department transmitted a letter from Baldrige to Patolichev that outlined the rationale for certification of Soviet whaling. (Department of State, Central Foreign Policy File, D850241–0468)
6. Not found.
7. In telegram 2044 to Moscow, February 15, the Embassy transmitted a summary of a February 14 meeting with lower-level Soviet officials regarding whaling. (Department of State, Central Foreign Policy File, D850107–0919)