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United States delegation voted, in accordance with its instructions, for the lowest quota recommended in the report of the Scientific Committee. The "compromise figure" of 5,400 minkes referred to by Mr. Dymally was not put to a vote. Perhaps this was unfortunate from the Japanese viewpoint, but I have since confirmed that the Japanese delegation, in informal negotiations, rejected the suggested compromise. Furthermore, it is simply inaccurate to state, as Mr. Dymally does, that the U.S. supported a "zero quota" for sperm whales. The 1984 catch limit of zero has been in the IWC Convention's Schedule since 1981. Although modest quotas were subsequently made available for 1982 and 1983, no similar proposal was introduced or voted on in Buenos Aires.

Mr. Dymally is no doubt sincere in his opinions concerning the United States position on whaling. It is unfortunate that his position was not made known during the interagency meeting of May 21, held to formulate U.S. positions on the numerous agenda items of the IWC meeting, and which Mr. Echols attended. Mr. Dymally also failed to make his position known to me when I personally briefed him in his office on June 11.

In sum, the U.S. position on whaling has been developed openly under procedures that permit participation of a broad range of interests. Members of Congress have been free to participate fully, and many have. Neither Mr. Dymally nor his associates, however, objected before their arrival in Buenos Aires to the U.S. position, and Mr. Dymally's statement was in fact distributed to the IWC Commissioners. The U.S. delegation, which scarcely overrepresents conservationists, is duty bound to advance the government's position at the IWC meetings, and it did so in Buenos Aires. I remain unaware of a single instance of discourtesy to Mr. Dymally by any member of the U.S. delegation before, during or after the Buenos Aires meeting. Finally, notwithstanding the many suggestions to the contrary in Mr. Dymally's letter, I am confident that the U.S. delegation performed its functions in Buenos Aires in a professional and responsible manner. It is primarily on account of the competence and dedication of these people, who serve the United States well, that I have responded to Mr. Dymally's allegations.

Sincerely,

John V. Byrne

U.S. Commissioner to the
International Whaling Commission

Enclosure (Official Delegation List)

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APPENDIX 19

DRAFT AGENDA FOR THE 37TH ANNUAL MEETING OF THE INTERNATIONAL WHALING COMMISSION

3 April 1985

CIRCULAR COMMUNICATION TO COMMISSIONERS AND CONTRACTING GOVERNMENTS

Draft Agenda for the 37th Annual Meeting, Bournemouth, UK

The Commission's Rules of Procedure, Rule F.2(d)(i), require the Secretary to despatch a draft agenda to all Contracting Governments and Commissioners 100 days in advance of the 37th Annual Meeting to be held in the Moat House Hotel, Bournemouth, UK, 15 - 19 July 1985.

The enclosed draft has been drawn up on the basis of decisions and recommendations made at the 36th Annual Meeting and subsequent developments, and after consultation with the Chairman of the Commission.

Any comments and additions with annotations are requested to be forwarded as early as possible, and no later than 6 May 1985, so that the fully annotated agenda with supporting documentation can be prepared and circulated the necessary 60 days in advance of the meeting, as required by Rule F.2(d)(ii).

A provisional financial statement for 1984/85, budget estimate and contributions for 1985/86, and an advance estimate for 1986/87 will be distributed with the annotated provisional agenda, together with any other meeting documentation available.

Ray Gambell

Dr. R. Gambell

Secretary to the Commission

DRAFT AGENDA

IWC/37/2

37TH ANNUAL MEETING OF THE INTERNATIONAL WHALING COMMISSION
15-19 JULY 1985 AT THE BOURNEMOUTH MOAT HOUSE HOTEL, UK

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6.1 Report of Working Group on the Future Activities of the Commission (Chairman's Report of the 36th Meeting, paragraph 29(2))

(Paper IWC/37/14)

6.2 Working Group to Review the Operations of the Scientific Committee (Chairman's Report of the 36th Meeting, paragraph 28)

6.2.1 Report of Scientific Committee
(Paper IWC/37/4)

6.2.2 Report of Finance and Administration Committee
(Paper IWC/37/10)

6.3 Action arising

7. COMPREHENSIVE ASSESSMENT OF WHALE STOCKS

(Chairman's Report of the 36th Meeting, paragraphs 6 and 8.2)

7.1 Report on developments since the 36th Annual Meeting

7.2

Action arising

8. REVISION OF PRESENT MANAGEMENT PROCEDURE

(Chairman's Report of the 36th Meeting, paragraph 7)

8.1 Proposals for revised procedures developed through consultation between interested governments

8.2 Action arising

(Changes in criteria, stock categories, or procedures will require amendment of the Schedule, including paragraph 10 or the addition of new paragraphs)

9. INDIAN OCEAN SANCTUARY

9.1 Scientific meeting

(Chairman's Report of the 36th Meeting, paragraph 9)

9.2 General review of prohibition on commercial whaling in the Indian Ocean Sanctuary

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(Any changes to the provisions of Schedule paragraph 7 may require amendment of the Schedule)

10. INFRACTIONS AND REPORTS FROM INTERNATIONAL OBSERVERS, 1984 AND 1984/85 SEASONS

(Chairman's Report of the 36th Meeting, paragraph 10)

10.1 Report of Technical Committee Infractions sub-committee
(Paper IWC/37/8)

10.1.1

Infractions reports from Contracting Governments (Paper IWC/37/6)

10.1.2 Reports from International Observers
(Paper IWC/37/7)

10.1.3 Other matters from earlier years

10.2 Action arising

(Changes to the observer scheme may require amendment of the Schedule, paragraph 21; changes in the information required under Section VI of the Schedule may require amendment of that Section.)

11. COMMISSION'S COMPETENCE TO SET CATCH LIMITS FOR BAIRD'S BEAKED WHALE IN THE NORTH PACIFIC

(Chairman's Report of the 36th Meeting, paragraph 11)

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