323. Telegram From the Department of State to the Embassy in Norway1
231252. Subject: Norwegian Whaling.
1. Commerce in consultation with the Department on July 23 recommended to the President that trade sanctions not be imposed for Norway’s whaling, but that the certification for exceeding an International Whaling Commission (IWC) quota remain in place until its commercial whaling has ceased.2 This recommendation is on the premise, based on the GON’s July 3 announcement, that commercial whaling will not be resumed after 1987 unless the IWC authorizes such a resumption.3 By August 8, the President is required by law to notify the Congress of his action concerning this matter.4
2. In a letter to Norwegian Ambassador Eliassen dated July 23, Secretary of Commerce Baldrige made the following points:5
—On June 9, 1986, the Secretary of Commerce certified to the President, under the Pelly Amendment to the Fishermen’s Protective [Page 904] Act of 1967, that Norwegian nationals were conducting whaling operations that diminished the effectiveness of the International Whaling Commission (IWC) conservation program.
—Under the Pelly Amendment, when the Secretary of Commerce determines that a foreign country is conducting a fishing operation that diminishes the effectiveness of an international fishery conservation program, he will certify this determination to the President. After receiving a certification, the President may direct the Secretary of the Treasury to embargo the offending country’s fishery products to the limits of the General Agreement on Tariffs and Trade. Within 60 days following the certification, the President is required to notify the Congress of any action taken under the certification.
—On July 3, 1986, the Government of Norway announced that, inter alia, it would suspend commercial whaling after the 1987 season and that 1987 catch limits would be lower than this year’s 400.
—The Secretary of Commerce has made a recommendation to the President concerning trade sanctions under the Pelly Amendment on the premise, based on the Government of Norway’s announcement, that commercial whaling will not be resumed after 1987 unless the IWC authorizes such a resumption.
—The premise mentioned above is essential to the recommendation of the Secretary of Commerce. The President is expected to act on this recommendation by August 8, 1986.6
- Source: Department of State, Dumping; Arctic; Whaling; Antarctic; Scientific Research, 1976–1987, Lot 94D419, Whaling: Iceland 1985–86 Including 1986 Agreement. Confidential. Drafted by Kendrew, cleared by Rogers and Busuttil, and approved by Blumberg.↩
- Not found.↩
- See Document 321 and footnote 2 thereto.↩
- See Public Papers: Reagan, 1986, Book II, p. 1051.↩
- Not found.↩
- In telegram 2046 from Oslo, March 22, 1988, the Embassy reported that Norway had announced a plan to begin scientific whaling, jeopardizing the existing whaling agreement, which included certification, no trade sanctions, and a commercial whaling ban. (Department of State, Pacific Fishery Issues, 1974–1988, Lot 94D542, Whales: Other Norway, Iceland, USSR, etc.) In a July 14, 1988, paper entitled “U.S.-Norwegian Whaling Consultations,” U.S. officials considered further sanctions against Norway. (Department of State, Dumping; Arctic; Whaling; Antarctic; Scientific Research, 1976–1987, Lot 94D419, Whaling—Norway 1985–86) In an August 31, 1988, memorandum from Verity to Reagan, the Department of Commerce announced “Norway’s 1988 research program involving the taking of whales in conjunction with its commitment to work within the IWC process does not diminish the effectiveness of the IWC conservation program, and therefore no recertification is warranted at this time. Further, we do not believe that this 1988 research program warrants imposition of any sanctions pursuant to the 1986 certification.” (Ibid.)↩