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

347. Memorandum From Robert Dean of the National Security Council Staff to the President’s Assistant for National Security Affairs (Powell)¹

Washington, June 7, 1988

SUBJECT

• Recent International Whaling Commission (IWC) Meeting and Its Implications for Iceland

The 1988 meeting of the IWC was held May 30–June 3. Jerry Leach represented the NSC. Unlike last year,² the meeting was non-confrontational. The U.S. delegation did not lead the charge against the Icelanders. The Icelanders reciprocated with a low-keyed approach.

The meeting produced a consensus resolution which recognized progress on Iceland’s part but nevertheless indicated that it had not gone far enough in adhering to the IWC guidelines. By implication, it called on Iceland (again) to refrain from killing whales in 1988. That Iceland accepted this is an indication of how much they wanted to avoid a collision at the meeting. (But we are not sure that this means the GOI will reduce or eliminate their whaling program.)

Iceland is now looking to us on the certification question. They let us know very strongly that they do not want to be certified. Certification alone, of course, has no practical effect as Icelanders do not fish within the U.S. Exclusive Economic Zone. However, the follow-up sanctions—import restrictions against Icelandic fish products—bite hard as fish are their primary exports and the U.S. is their primary market. Unlike last year, the Icelanders made no threats of retaliation at this meeting against U.S. interests in Iceland, especially Keflavik. Nevertheless, those threats are still waiting in the wings if the situation turns sour again.

The IWC resolution and the equivocal nature of this year’s scientific committee report on the Icelandic whaling program give us some flexibility on the certification question. We could choose not to certify because the Icelanders have been responsive to the IWC and is making improvements in its program. For example, they are currently killing 100 whales per year now as opposed to 500 in 1982 and 350 in 1985. However, the compromise was predicated on an understanding that the GOI would submit a scientifically sound whaling program to the IWC this year. If we do not certify, a lawsuit from the environmental community is a certainty. This fact worries NOAA a great deal because they have had one near miss before, a case like this on Japan which they lost in the lower courts before the judgment was overturned in the Supreme Court.³ One outcome of a lost suit could be a court-directed certification, though this itself would almost certainly be appealed by Justice.

The interagency group handling the issue is now considering the idea of asking the Icelanders to further diminish their take and possibly make some changes in their scientific research program in return for non-certification. The interagency group will be seeking to come up with a firm proposal by the end of the week.⁴

As soon as the U.S. Commissioner, Bill Evans, returns to Washington next week, I will be chairing a senior-level meeting on how we handle the question.⁵ The Icelanders hope to meet with us sometime later in the week.

1. Source: Reagan Library, Cobb, Tyrus: Files, Whales—Iceland (2). Confidential. Drafted by Leach and concurred in by Cobb; Powell initialed the document. Sent for information.
2. Regarding the June 1987 meeting, see footnote 14, Document 333.
3. See footnote 5, Document 317.
4. In telegram 194706 to Reykjavik, June 16, the Department transmitted key issues identified by the interagency group. (Department of State, Pacific Fishery Issues, Lot 94D542, Whales: Other Norway, Iceland, USSR, etc)
5. No record of this meeting has been found.