Finally, in judging whether the Government of the United States would accept the catch limits for the 1986 and 1987 coastal seasons and 1985/86 and 1986/87 pelagic seasons as contemplated in paragraph 2 of the Summary of Discussions, the Government of the United States would be guided by the most recent quota voted by the IWC prior to those seasons. Our purpose in recent consultations with the Government of Japan has been to encourage adherence by the Government of Japan to all provisions of the Convention's Schedule. We regard the provisions of paragraph 10(e) of the Schedule to be of central importance to the rational conservation and management of the world's remaining whale stocks. This is reflected in President Reagan's 1981 letter to each of the IWC Commissioners encouraging them to take action along the lines now reflected in paragraph 10(e) of the Schedule.

Sincerely,

Malcolm Baldrige,

Secretary of Commerce

APPENDIX 6

SUMMARY OF DISCUSSION BETWEEN THE UNITED STATES AND JAPAN
ON COMMERCIAL SPERM WHALING IN THE WESTERN DIVISION STOCK
OF THE NORTH PACIFIC, NOVEMBER 1-12, 1984, WASHINGTON, D.C.
DR. JOHN V. BYRNE, United States Commissioner to the
International Whaling Commission

MR. HIROYA SANO, Director-General, Fisheries Agency,
Ministry of Agriculture, Forestry and
Fisheries, the Government of Japan

The latest in a series of bilateral discussions between Japan and the United States were conducted in Washington, D.C., November 1-12, 1 84, in an effort to determine whether it would be posible, in accordance with the laws and regulations in effect in each country, to develop an arrangement whereby the United States Secretary of Commerce might refrain from "certifying" sperm whaling by Japanese nationals, if they take sperm whales under the objection of the Government of Japan to footnote 1 to Table 3 of the Schedule to the International Convention for the Regulation of Whaling, 1946 (the Convention). The heads of the delegations shared the view that such an arrangement might be possible, subject to satisfactory resolution of certain details and to approval and implementation by the cognizant authorities of each Government. The essential points of such a possible arrangement would be the following:

2:

(A) The Government of Japan may permit a catch of 400 sperm whales during each of the 1984 and 1985 coastal seasons, subject to the provisions on by-catch of females as set forth in footnote 2 to Table 3 of the Schedule (dated November, 1983) to the Convention.

(B) If, by December 13, 1984, the Government of Japan withdraws its objection, lodged November 9, 1981 under paragraph 3 of Article V of the Convention, effective on or before April 1, 1988, the United States would not consider sperm whaling permitted under sub-paragraph (A) above to diminish the effectiveness of the, Convention or its conservation program, and would therefore not certify such sperm whaling as provided for in Section 8(a) of the Fishermen's Protective Act (the Pelly Amendment) or Section 201(e)(2) of the Magnuson Fishery Conservation and Management Act (the Packwood-Magnuson Amendment)..

2. If, by April 1, 1985, the Government of Japan withdraws its objection, lodged November 4, 1982, to paragraph 10(e) of the Schedule, 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, the United States would not consider that whaling specified below would

diminish the effectiveness of the Convention or its

conservation program and would not certify such whaling under the Pelly Amendment or the Packwood-Magnuson

Amendment, if such whaling were limited to the following species and catch limits:

1986 and 1987 Coastal Whaling Seasons

Western Division, North Pacific sperm whales

11

200 per season, subject to the provisions on
by-catch of females as set forth in footnote
2 to Table 3 of the Schedule (dated November,
1983) to the Convention;

Okhotsk Sea-West Pacific minke whales-

catch limits acceptable to the Government of

the United States after consultation with

the Government of Japan;

Western North Pacific Bryde's whales-

catch limits acceptable to the Government of

the United Stats after consultation with
the Government of Japan; and

1985/1986 and 1986/1987 Pelagic Whaling Seasons

Southern Hemisphere minke whales

catch limits acceptable to the Government of the United States after consultation with the

Government of Japan.

APPENDIX 7

LETTER DATED AUGUST 14, 1984 FROM HON. MERVYN M. DYMALLY, A MEMBER OF CONGRESS FROM THE STATE OF CALIFORNIA, TO HON. GEORGE P. SHULTZ, SECRETARY OF STATE, REGARDING THE 36TH ANNUAL MEETING OF THE I.W.C. AND STRENGTHENING U.S.-JAPAN RELATIONS

August 14, 1984

Honorable George P. Shultz

Secretary

Department of State

2201 C Street, NW

Washington, D.C. 20520

Dear Mr. Secretary:

As a Congressman sitting on the Foreign Affairs Committee, I have
serious concerns for the long-term relationships and partnerships
which the United States has forged carefully over the past forty
years with our close allies. In particular, I am referring to
our relationships with Japan and Norway, who have supported our
global democratic goals and objectives. I firmly believe that we
must continue to strengthen our ties with our allies in spite of
minor areas of disagreement.

Recently, I attended the 36th Annual Meeting of the International Whaling Convention (IWC) in Buenos Aires which was hardly impressive for its objective and scientifically based deliberations and conclusions. Protectionism rather than conservation or even selfenlightenment appeared to be the goal of the majority non-whaling national representatives. In fact, I was dismayed by the numerous presence and influence of the non-governmental representatives appointed to all the non-whaling delegations, particularly the official American delegation. While I believe that we should strive for representative balance on our delegations at official international meetings, I cannot accept the pristine ideology espoused by the non-governmental environmentalists as the price for participating in a public forum of importance to the U.S. Government. I called for balance and objectivity in my conference statement, which the IWC Secretariat did not have courtesy to distribute to the IWC Commissioners after indicating to my staff that a general distribution would occur. The treatment afforded to me by the IWC Secretariat and by some members of the American delegation under Dr. John Bryne's leadership could neither be called civil nor professional to a Member of Congress who was officially appointed to the American delegation through the offices of the