343. Telegram From the Department of State to the Embassy in Japan1
42363. Subject: Secretary of Commerce Certifies Japan on Whaling.
1. On the evening of February 9, the Secretary of Commerce William Verity signed a letter to the President indicating that by that letter he was certifying Japan under the Pelly and the Packwood-Magnuson Amendments because nationals of Japan are conducting whaling operations that diminish the effectiveness of the International Whaling Commission’s (IWC) conservation program (text of letter in para 3 below). We understand that Secretary Verity also sent a letter to Secretary Shultz informing him that he had made such a certification to the President and further recommending that the Department of State promptly notify the GOJ of the certification (text in para 4 below). Apparently the Japanese Embassy in Washington learned of the certification the evening of February 9 through a newspaper correspondent who alleged that he had been informed by a Commerce official.
2. In order to respond to Japanese Embassy request for both confirmation on the press reports and any further information concerning certification, OES DAS Edward Wolfe met with Japanese Fisheries [Page 980] Attache Endo on the afternoon of February 10.2 Ambassador Wolfe provided Endo with draft copies of Secretary Verity’s letters to the President and to Secretary Shultz.
3. Commerce officials subsequently released a press statement mid-day February 10 which contains an erroneous statement in the lead sentence which incorrectly states that Secretary Verity has recommended sanctions against Japan rather than that he had certified Japan (provided in para 5 below). Commerce Acting Under Secretary Curtis Mack called in GOJ Embassy officials the afternoon of the 10 to inform him of this erroneous press guidance. Mack indicated to the Embassy officials that he was attempting to have it withdrawn and to issue a correction. We understand that a corrected version will be provided to the Japanese Embassy and to the Dept. We will provide these to Embassy Tokyo as soon as available.
3 [4.] Begin text of letter to the President: The President, The White House, Washington, D.C. 20500
Dear Mr. President: Under the Packwood-Magnuson Amendment to the Magnuson Fishery Conservation and Management Act and the Pelly Amendment to the Fishermen’s Protective Act, when I determine that nationals of a foreign country are conducting fishing operations which diminish the effectiveness of an International Fishery Conservation Program, I am required to certify that fact to you. By this letter, I am certifying that nationals of Japan are conducting whaling operations that diminish the effectiveness of the International Whaling Commission’s (IWC’s) Conservation Program.
My decision is based on the following considerations: Nationals of Japan are killing southern hemisphere minke whales under a special permit issued by the Government of Japan for scientific research. The killing of whales pursuant to special permits issued for scientific research programs was the subject of several resolutions adopted by the IWC at its annual meeting in June 1987.3 In a General Resolution (IWC/39/24), the IWC requested its Scientific Committee to review all such programs and to report whether the programs satisfy certain scientific criteria. In that resolution, the IWC also recommended that member governments not issue permits for programs that, in the view of the IWC, do not satisfy the criteria “and therefore are not consistent with the Commission’s conservation policy.”
In a resolution concerning Japan’s proposed research program (IWC/39/45), the IWC (1) adopted the view that Japan’s program does not satisfy the applicable criteria; and (2) recommended that Japan not [Page 981] issue the special permit for the program until the serious uncertainties in the program identified by the IWC Scientific Committee have been resolved to the satisfaction of that Committee. In December 1987, the IWC Scientific Committee held a special meeting to review a revised research program submitted by Japan in the interim. The report of the Scientific Committee reveals that Japan did not succeed in satisfying the Committee that the defects in its program had been cured. On December 22, 1987, the IWC circulated a resolution for a postal vote due February 14, 1988, recommending that Japan not take whales under its revised scientific research program. Nevertheless, the Government of Japan proceeded to issue the permit and, pursuant to that permit, nationals of Japan have begun killing southern hemisphere minke whales. Under these circumstances, I have determined, and hereby certify, that nationals of Japan are conducting whaling operations that diminish the effectiveness of the IWC conservation program.
The Pelly Amendment provides that upon receipt of this certification, you may direct the Secretary of the Treasury to prohibit the importation of some or all fish products from the country involved into the United States. The Pelly Amendment also provides that within 60 days following the receipt of this certification, you must notify the Congress of any action you take regarding the certification, and you must inform the Congress of the reasons for any such action that falls short of prohibiting the importation of all fish products of the certified country.
Upon certification under the Packwood-Magnuson Amendment, the Secretary of State, in consultation with the Secretary of Commerce, must reduce present fish allocations within the U.S. exclusive economic zone as well as any that may be granted in the succeeding year by not less than 50 percent. If remedial action is not taken within one year, further fish allocations may not be granted. Japan is not currently receiving any allocations.
I have notified the Secretaries of State and the Treasury and the Chairmen of the Council on Environmental Quality and the Marine Mammal Commission of this certification. The Department of Commerce is developing trade recommendations on fish import prohibitions and will make recommendations to you about further actions within the 60-day period for reporting to the Congress. I have recommended to the Secretary of State that the Government of Japan be advised of this certification. Respectively, Secretary of Commerce.
4. [5.] Begin text of letter to Secretary Shultz: Honorable George P. Shultz, Secretary of State, Washington, D.C. 20520, Dear Mr. Secretary: Under the Packwood-Magnuson Amendment to the Magnuson Fishery Conservation and Management Act and the Pelly Amendment to the Fishermen’s Protective Act of 1967, I have certified to the President [Page 982] that nationals of Japan are conducting whaling operations that diminish the effectiveness of the International Whaling Commission Conservation Program.
Upon certification under the Packwood-Magnuson Amendment, the Secretary of State must, in consultation with the Secretary of Commerce reduce allocations to the certified country by not less than 50 percent. This reduction applies to any unharvested allocations and to all allocations to be made within 365 days from the date of certification. Although Japan does not currently receive allocations, this certification has ramifications for possible allocations that may be considered later this year.
The Pelly Amendment provides that upon receipt of such certification, the President may direct the Secretary of the Treasury to prohibit the importation into the United States of some or all fish products from this country. The Department of Commerce is developing trade recommendations on fish import prohibitions to be forwarded to the President. The Pelly Amendment also provides that, within 60 days following the receipt of such certification, the President must notify the Congress of any action he takes pursuant to the certification, and must inform the Congress of his reasons if he does not prohibit the importation of all fish products from the country certified.
I recommend that the Department of State promptly notify the Government of Japan of the certification4 and that officials of our two Departments remain in close consultation as sanction recommendations are developed. Sincerely, Secretary of Commerce. End text of letter.
5. [6.] Commerce Press Statement dated February 10: Commerce Secretary C. William Verity has recommended sanctions against Japan saying that its killing of whales diminished the effectiveness of the International Whaling Commission’s (IWC’s) Conservation Program.
Under the Packwood-Magnuson Amendment to a federal fishing law, Verity is required to notify the President—in a process called “certification”—when fishing by nationals of a foreign country in U.S. waters diminishes the effectiveness of an International Fishery Conservation Program.
As a result of Verity’s finding, Japan’s future fish allocations in U.S. waters will be reduced by at least half. In addition, President Reagan could under the Pelly Amendment to the Fishermen’s Protective Act of 1987 embargo Japanese fish products. Japan does not have any U.S. fish allocations at present.
[Page 983]Last June, the IWC Scientific Committee questioned the benefit of a Japanese research program that allowed the killing of whales by Japanese fishermen for scientific purposes. As a result, the full IWC asked Japan not to permit whaling by its nationals until those questions were resolved. Despite the fact that the questions have not yet been resolved, Japan issued a permit allowing whaling for scientific purposes, and Japanese fishermen have begun killing southern hemisphere minke whales. End press statement. Secretary of Commerce C. William Verity in response to Japan’s killing of whales under a contested research permit, today informed the President that he has “certified” that Japan’s whaling diminished the effectiveness of the International Whaling Commission’s (IWC) Conservation Program.
Under U.S. law, the Secretary is responsible for notifying the President when nationals of a foreign country conduct fishing operations that diminish the effectiveness of an International Fishery Conservation Program. As a result of today’s certification, Japan’s present and future fish allocations in U.S. waters are reduced by at least half and the President has discretion to apply an embargo on fish products imported from Japan. Japan does not presently have any U.S. fish allocations.
In June 1987, the IWC Scientific Committee found serious scientific uncertainties in a Japanese research whaling program. The full IWC requested that Japan not permit the whaling until the uncertainties had been resolved. In December 1987, the IWC Scientific Committee held a special meeting to review a modified Japanese research program. The report of that meeting indicated that, although the modified program was given serious consideration, uncertainties in the program had not been resolved. Nevertheless, Japan issued a scientific whaling permit and nationals of that country have begun taking southern hemisphere minke whales.
Moscow minimize considered.
- Source: Department of State, Central Foreign Policy File, D880118–0785. Limited Official Use; Immediate. Drafted by Kendrew; cleared in EAP/J, EUR/SOV, and NOAA; and approved by Scully. Sent Priority for information to Reykjavik, Oslo, London, Moscow, Canberra, Wellington, and Seoul.↩
- No record of a meeting has been found.↩
- See footnote 14, Document 333.↩
- Not found.↩