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

Tokyo

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.

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
Ambassador of Japan

The Honorable Malcolm Baldrige
The Secretary of Commerce
Washington, D.C. 20230

MINISTRY OF FOREIGN AFFAIRS
TOKYO, JAPAN

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 or 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 jurisdic-
tion requiring certification of Japanese whaling activities
which are addressed by, and consistent with, the arrange-
ments 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.