Finally, I wish to confirm the understanding of the Government of Japan that (i) the date of April 1, 1985 referred to in paragraph 2 of the Summary of Discussions appended to Mr. Murazumi's letter to you of November 13, 1984 shall be deemed extended to a date five days after the Court of Appeals shall enter an order in favor of the United States Government in the litigation described above, and (ii) withdrawal of the objection of the Government of Japan to paragraph 10 (e) of the Schedule to the Convention on the terms, conditions and understandings set forth in this letter shall be deemed by the United States to satisfy the condition referred to in paragraph 2 of the Summary of Discussions referred to above. I request that you confirm the understandings of my Government in your reply to this letter. Sincerely, Shintaro Abe Shintaro Abe Minister for Foreign Affairs of Japan APPENDIX 3 LETTER DATED DECEMBER 11, 1984 FROM HIS EXCELLENCY YOSHIO OKAWARA, AMBASSADOR OF JAPAN, TO SECRETARY BALDRIGE, REGARDING COMMERCIAL SPERM WHALING IN THE NORTH PACIFIC December 11, 1984 Dear Mr. Secretary: With reference to the recent meetings between the representatives of the Government of Japan and the Government of the United States on the subject of commercial sperm whaling in the western division stock of the North Pacific, I would like to inform you on behalf of the Government of Japan of the following: (1) That in accordance with the relevant laws and regulations in force in Japan, the Government of Japan intends to take appropriate measures to limit Japanese nationals to a catch of 400 sperm whales during each of the 1984 and 1985 coastal seasons, subject to the provisions on the by-catch of females as set forth in footnote 2 to Table 3 of the Schedule (dated November, 1983) to the International Convention for the Regulation of Whaling, 1946, and .. (2) That the Government of Japan, on December 11, 1984 withdrew its objection, lodged November 9, 1981, under paragraph 3 of Article V of the Convention mentioned above, effective April 1, 1988. Yours sincerely, Jochin Okavana Yoshio Okawara The Honorable Malcolm Baldrige The Secretary of Commerce APPENDIX 4 LETTER DATED NOVEMBER 13, 1984, FROM YASUSHI MURAZUMI, CHARGE D'AFFAIRS AD INTERIM, EMBASSY OF JAPAN, TO SECRETARY BALDRIGE, REGARDING COMMERCIAL SPERM WHALING November 13, 1984 Dear Mr. Secretary: I am writing to you concerning the recent meetings between the representatives of the Government of Japan and the Government of the United States on the subject of commercial sperm whaling in the western division stock of the North Pacific. As you know, the Government of Japan is keenly aware that the whaling issue poses a threat of friction between our two countries. The Government of Japan wishes to resolve this issue as quickly and amicably as possible to avoid a confrontation which might be caused by the application of United States domestic statutes, namely Section 8(a) of the Fishermen's Protective Act (the Pelly Amendment) and Section 201(e) (2) of the Magnuson Fishery Conservation and Management Act (the Packwood-Magnuson Amendment). Unfortunately, while both Governments are Parties to the International Convention for the Regulation of Whaling (the Convention) and while we both share the concern for the general objectives of the Convention, there are certain differences between our two countries which arise from our different cultural and domestic situations. As you know, footnote 1 added in 1981 to Table 3 of the Schedule to the Convention prohibits the commercial harvest of sperm whales from the western division stock of the North Pacific unless the International Whaling Commission affirmatively decides otherwise. The Government of Japan has lodged an objection to footnote 1, in accordance with the provision of paragraph 3 of Article V of the Convention, and is therefore not bound by the footnote. The Government of Japan, recognizing the need to take measures including the withdrawal of the objection mentioned above in order to avoid a confrontation between our two countries, seeks an additional period of time for the purpose of minimizing the economic and social hardship of those who are engaged in commercial sperm whaling. The Government of Japan endeavors to take appropriate measures in order to meet this purpose. I therefore, request that, as long as Japanese commercial whaling is conducted in a manner as indicated in the arrangement set forth in the Summary of Discussions attached to this letter, you not consider that the whaling will diminish the effectiveness of the Convention or its conservation program and not certify such whaling as provided for in the Pelly Amendment or the Packwood-Magnuson Amendment. The Honorable Malcom Baldrige The Secretary of Commerce Sincerely yours, Jamal Murragni Yasushi Murazumi Charge d'Affaires ad interim of Japan APPENDIX 5 LETTER DATED NOVEMBER 13, 1984, FROM SECRETARY BALDRIGE TO MR. YASUSHI MURAZUMI, REGARDING MR. MURAZUMI'S LETTER ON THE JAPANESE HARVEST OF SPERM WHALES Mr. Yasushi Murazumi Charge d'Affaires ad interim of Japan Embassy of Japan 2520 Massachusetts Avenue, NW. Washington, D.C. 20008 Dear Mr. Murazumi: Thank you for your letter about the recent bilateral consultations between representatives of our governments on the Japanese harvest of sperm whales from the western division stock of the North Pacific and the possibility that I, as Secretary of Commerce, may certify any confirmed harvest of sperm whales by Japanese nationals. After consulting with the United States Commissioner to the International Whaling Commission (IWC), I have concluded that commercial harvests of whales by Japanese nationals within the limits and under the circumstances set forth in the Summary of Discussions attached to your letter would not diminish the effectiveness of the International Convention for the Regulation of whaling, 1946, or its conservation program. The reports of the IWC's Scientific Committee, as well as the IWC's 1962 decision to permit quotas of 450 and 400 whales for the 1982 and 1983 coastal sperm whaling seasons, respectively, indicate that sperm whaling in accordance with paragraph 1 of the Summary of Discussions attached to your letter is not inconsistent with the IWC's essential conservation purposes. Moreover, in deciding that Japanese commercial whaling in accordance with paragraph 2 of that Summary of Discussions would not thwart the essential conservation purposes of the IWC, I have noted the apparent purpose of the IWC in having itself provided for a delayed effective date of paragraph 10(e). This arrangement does not insulate from certification any comply with that quota. Furthermore, the withdrawals of |