APPENDIX 1 LETTER DATED APRIL 5, 1985 FROM CLARENCE BROWN, ACTING SECRETARY OF COMMERCE, TO HIS EXCELLENCY SHINTARO ABE, MINISTER OF FOREIGN AFFAIRS OF JAPAN, INDICATING AN UNDERSTANDING BETWEEN THE GOVERNMENT OF THE UNITED STATES AND JAPAN ON THE SCHEDULE TO THE INTERNATIONAL CONVENTION FOR THE REGULATION OF WHALING His Excellency Shintaro Abe Minister of Foreign Affairs of Japan Dear Mr. Minister: I acknowledge the receipt of your letter dated April 5, 1985, regarding Japan's intentions with respect to its pending objection to paragraph 10(e) of the Schedule to the International Convention for the Regulation of Whaling. I hereby inform you the Government of the United States concurs with the understandings of the Government of Japan, as described in your letter. Sincerely, ACG Seeretary of Commerce (81) APPENDIX 2 LETTER DATED APRIL 5, 1985 FROM HIS EXCELLENCY NOBUO MATSUNAGA, AMBASSADOR OF JAPAN, TO HON. MALCOM BALDRIGE, SECRETARY OF COMMERCE, TRANSMITTING A COPY OF THE LETTER FROM MINISTER ABE REGARDING JAPAN'S OBJECTION TO SUBPARAGRAPH 10(e) OF THE SCHEDULE TO THE INTERNATIONAL CONVENTION FOR THE REGULATION OF WHALING 1946 Dear Mr. Secretary: I have the honor to transmit to you a copy of the letter from Mr. Shintaro Abe, Minister for Foreign Affairs of Japan. The original will be delivered to you immediately upon receipt of it. Allow me to extend my warmest personal regards. Sincerely yours, M. Maling Nobuo Matsunaga The Honorable Malcolm Baldrige MINISTRY OF FOREIGN AFFAIRS April 5, 1985 Dear Mr. Secretary, As a result of the recent talks held in Washington, D.C. between you and Mr. H. Sano, Director-General of the Fisheries Agency of Japan, I refer to: - the objection lodged by the Government of Japan on November 4, 1982 to subparagraph 10 (e) of the Schedule to the International Convention for the Regulation of Whaling 1946 (the Convention), the arrangements on commercial whaling reflected in the letters exchanged between you and then Chargé d'Affaires ad interim Mr. Y. Murazumi on November 13, 1984, and the order dated March 5, 1985 of the United States District Court for the District of Columbia in the lawsuit styled American Cetacean Society, et al. v. Baldrige, et al., and the stay of such order pending appeal, granted on March 18, 1985 by the United States Court of Appeals for the District of Columbia Circuit. I am authorized to inform you that the Government of Japan will, by written notice to the International Whaling Commission (IWC), withdraw the aforementioned objection within five days of a decision by the Court of Appeals in favor of the United States Government. My Government's withdrawal would be effective such that Japanese commercial coastal whaling will cease following the 1987 coastal season and Japanese commercial pelagic whaling will cease following the 1986/87 pelagic season, but would lapse by its own terms only if at any time before the end of the 1987 commercial coastal whaling season, the United States Secretary of Commerce receives a final, unappealable order from any United States court of competent jurisdiction requiring certification of Japanese whaling activities which are addressed by, and consistent with, the arrangements reflected in the exchange of letters referred to above. With regard to the catch limits for the 1986 and 1987 coastal season (except those for the Western Division, North Pacific Sperm Whales) and the 1985/86 and 1986/87 pelagic seasons as contemplated in the November 13, 1984 arrangements, I wish to inform you that the Government of Japan understands that the United States will not regard catch limits for those seasons as diminishing the effectiveness of the Convention or its conservation program if such catch limits are consistent with the decisions made at the 36th Annual Meeting of the IWC, unless the levels of the stocks in question as assessed by the Scientific Committee of the IWC at its future meetings, change significantly. |