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

319. Memorandum From the Director of Oceans and Polar Affairs, Bureau of Oceans and International Environmental and Scientific Affairs (Scully) to the Assistant Secretary of State for Oceans and International Environmental and Scientific Affairs (Negroponte)¹

Washington, May 30, 1986

SUBJECT

• Norwegian Whaling

The Norwegian Government authorized minke whaling operations began May 26, but as of May 30,² only one vessel is operating and no whales have been taken.³ Commerce has had one inquiry from the press on the morning of May 30 alleging that a whale has been taken, but our embassy in Oslo, which is closely monitoring this situation, has no confirmation of this.

We have taken every opportunity to explain the USG position concerning Norwegian whaling under the IWC Moratorium in discussions with Norwegian Government officials in the past and current administrations. The Government of Norway has been well apprised of the potential risks it faces if it allows whaling under its reported schedule. The Secretary of Commerce has stated that he would have little flexibility given the current circumstances, in judging Norwegian whaling, despite Norway’s objections, as diminishing the IWC conservation program and therefore subject to certification.⁴ Commerce has indicated that the attached decision memorandum regarding Pelly Amendment Certification of Norway will go forward as soon as we have verification that any whales have been taken.⁵ We expect that the GON will continue to be forthcoming on this matter and confirm the fact if any whales have been taken. The cable from Oslo (attached) provides an excellent overview of the current situation in Norway.⁶ There is some reason to believe that the Norwegian government may be using indirect means (delays in providing explosive harpoons) to avoid the taking of whales before the IWC annual meeting plenary session begins on June 9.⁷

The certification decision memorandum for NOAA Administrator Calio has been informally reviewed and cleared by OES/OPA, L/EB, EUR/NE and L/OES. As indicated in the letter from Secretary Baldrige to Secretary Shultz attached to the decision memo,⁸ State and Commerce officials will have close consultations regarding Pelly sanctions. NOAA General Counsel McGovern, Dave Colson, Liz Verville and L/EB lawyers have met and agreed that although there is no consensus on whether a GATT panel would find an embargo on fish products from Norway to be consistent with GATT, a credible argument could be made. An analysis by ITA of the question of Pelly Amendment consistency with GATT is also attached to the decision memo. Our information from informal Norwegian Government contacts is that the Norwegian Government will challenge us in GATT if we implement the Pelly Amendment and embargo any Norwegian fish products. At present, Calio is very likely to recommend partial Pelly sanctions to Baldrige (probably the salmon imports which amount to about $50 million as recommended in the letter from the six Senators),⁹ but everyone agrees that it is best to take advantage of the 60 days which Pelly provides before the President must notify Congress of any action regarding the certification. We have consulted very closely with the Norwegian desk, NOAA and our embassy in Oslo at every stage of this escalating situation.¹⁰ There is a very slight chance that something might happen at the IWC meeting, either as a result of informal US–Norwegian discussions or by action taken by the Commission, which will help to avoid a confrontation.

1. Source: Department of State, Lot 92D228, Arctic, Antarctic, and Whaling, 1975–1987, Untitled. No classification marking. Sent through Wolfe. Drafted by Kendrew. An attached note on the first page reads: “Scully—Trust we are doing a good analysis of implications of this—JDN.”
2. Negroponte underlined the phrase “operations began May 26, but as of May 30.”
3. Negroponte underlined the phrase “no whales have been taken.”
4. In telegram 141306 to Oslo, May 5, the Department reported that Department of Commerce officials had met with Norwegian Embassy officials and had conveyed the point that the United States had little flexibility regarding certification. (Department of State, Dumping; Arctic; Whaling; Antarctic; Scientific Research, 1976–1987, Lot 94D419, Whaling—Norway 1985–86)
5. Attached but not printed.
6. Telegram 3371 from Oslo, May 28, is attached but not printed.
7. Negroponte underlined the phrase “IWC annual meeting plenary session begins on June 9.”
8. Draft letter is attached but not printed.
9. Negroponte underlined the phrase “probably the salmon imports which amount to about $50 million as recommended in the letter from the six Senators.” In telegram 161530 to Oslo, May 22, the Department transmitted the text of the Senators’ letter.
10. See Document 318.