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U.S

U.S. POLICY WITH RESPECT TO THE
INTERNATIONAL PROTECTION OF WHALES

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SUBCOMMITTEE ON HUMAN RIGHTS
AND INTERNATIONAL ORGANIZATIONS

HOUSE OF REPRESENTATIVES

NINETY-NINTH CONGRESS

FIRST SESSION

ON

H. Con. Res. 54

49-631 O

MAY 8, JUNE 19, AND SEPTEMBER 19, 1985

Printed for the use of the Committee on Foreign Affairs

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON: 1985

COMMITTEE ON FOREIGN AFFAIRS

DANTE B. FASCELL, Florida, Chairman

LEE H. HAMILTON, Indiana
GUS YATRON, Pennsylvania
STEPHEN J. SOLARZ, New York
DON BONKER, Washington
GERRY E. STUDDS, Massachusetts
DAN MICA, Florida

MICHAEL D. BARNES, Maryland
HOWARD WOLPE, Michigan
GEO. W. CROCKETT, JR., Michigan
SAM GEJDENSON, Connecticut
MERVYN M. DYMALLY, California
TOM LANTOS, California

PETER H. KOSTMAYER, Pennsylvania
ROBERT G. TORRICELLI, New Jersey
LAWRENCE J. SMITH, Florida
HOWARD L. BERMAN, California

HARRY REID, Nevada

MEL LEVINE, California

EDWARD F. FEIGHAN, Ohio

TED WEISS, New York

GARY L. ACKERMAN, New York

BUDDY MACKAY, Florida

MORRIS K. UDALL, Arizona

WILLIAM S. BROOMFIELD, Michigan BENJAMIN A. GILMAN, New York ROBERT J. LAGOMARSINO, California JIM LEACH, Iowa

TOBY ROTH, Wisconsin

OLYMPIA J. SNOWE, Maine

HENRY J. HYDE, Illinois

GERALD B.H. SOLOMON, New York

DOUG BEREUTER, Nebraska

MARK D. SILJANDER, Michigan

ED ZSCHAU, California

ROBERT K. DORNAN, California

CHRISTOPHER H. SMITH, New Jersey CONNIE MACK, Florida

MICHAEL DEWINE, Ohio

DAN BURTON, Indiana

JOHN MCCAIN, Arizona

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WITNESSES

Hon. Don Bonker, a Representative in Congress from the State of Wash-
ington........

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Robbins Barstow, volunteer executive director, Connecticut Cetacean So-

ciety.

Robert J. McManus, general counsel, National Oceanic and Atmospheric

Administration..

Wednesday, June 19, 1985: subcommittee markup (no witnesses)

Thursday, September 19, 1985: full committee markup, (no witnesses)..

Letter from Edward E. Wolfe, Deputy Assistant Secretary of State for Oceans
and Fisheries Affairs, to Hon. Gus Yatron, indicating why a representative
of the Department of State would not be testifying at the hearing on May 8. 5

APPENDIXES

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

2. Letter dated April 5, 1985 from His Excellency Nobuo Matsunaga, Ambas-

sador of Japan, to Hon. Malcolm Baldrige, Secretary of Commerce, trans-

mitting 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.

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

4. Letter dated November 13, 1984, from Yasushi Murazumi, Charge d'Affairs

ad interim, Embassy of Japan, to Secretary Baldrige, regarding commercial

sperm whaling.

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

6. Summary of discussion between the United States and Japan on commer-

cial sperm whaling in the Western division stock of the North Pacific,

November 1-12, 1984, Washington, DC........

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 strengthen-

ing United States-Japan relations

8. Congressional Record insert by Representative Dymally, regarding the 36th

international whaling convention.....

(HD)

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9. Copy of the lawsuit between the American Cetacean Society, et al., versus Secretary Baldrige, the Japan Whaling Association, and the Japanese Fishing Association. Also included is a copy of Judge Richey's March 5, 1985 decision and the appeal presented by the same parties before the U.S. Court of Appeals.......

10. Translation of article from the Japanese newspaper Mainichi Shimbun entitled "Cabinet Concedes to Give Up Whaling,” April 5, 1985......

11. Article by Robbins Barstow published in Whales Etcetera entitled "Save the Whale: Save the IWC," Volume 1, 1985......

12. Congressional Record insert by Representative Bonker entitled "Whale Protection Will be Enhanced Through the Governing International Fishery Agreement with Japan," December 9, 1982. Appendixes to the Congressional Record insert include a letter dated December 3, 1982 from Hon. Charles H. Percy, a former Senator from the State of Illinois, and Hon. Bob Packwood, a Senator from the State of Oregon, to Hon. Kenneth Dam, Acting Secretary of State for Congressional Relations, regarding implementation of the United States-Japan Governing International Fishery_Agreement (GIFA); and a letter dated December 4, 1982, from Kenneth W. Dam, Acting Secretary for Congressional Relations, to Senator Packwood, regarding the United States-Japan GIFA.....

13. Letter dated July 24, 1984 from Secretary Baldrige to Hon. Bob Packwood, U.S. Senator from the State of Oregon, regarding implementation of the Packwood-Magnuson amendment to the Magnuson Fishery Conservation and Management Act.

14. Letter dated January 26, 1985 from Edward E. Wolfe, Deputy Assistant
Secretary of State for Oceans and Fisheries Affairs, to Craig Van Note,
regarding Japanese fishery allocations in the U.S. exclusive economic zone..
15. Text of House Concurrent Resolution 54, expressing the sense of the
Congress with respect to implementation of the International Whaling
Commission moratorium on commercial whaling

16. State Department comments on House Concurrent Resolution 54...
17. Department of Commerce comments on House Concurrent Resolution 54....
18. Letter dated August 28, 1984 from John Byrne, U.S. Commissioner to the
International Whaling Commission, to Secretary Shultz, regarding Rep.
Dymally's letter of August 14, 1984.

19. Draft agenda for the 37th annual meeting of the International Whaling
Commission

20. Article by Robbins Barstow published in the Hartford Courant entitled "Japanese Whaling Threatens Integrity of International Agreements," December 14, 1984....

21. Statement by Representative Dymally before the 37th annual meeting of the International Whaling Commission meeting in Bournemouth, England, July 1985........

22. Packwood-Magnuson and Pelly amendments

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U.S. POLICY WITH RESPECT TO THE INTERNATIONAL PROTECTION OF WHALES

WEDNESDAY, MAY 8, 1985

HOUSE OF REPRESENTATIVES,
COMMITTEE ON FOREIGN AFFAIRS,

SUBCOMMITTEE ON HUMAN RIGHTS

AND INTERNATIONAL ORGANIZATIONS,

Washington, DC.

The subcommittee met, at 2:18 p.m., in room 2172, Rayburn House Office Building, Hon. Gus Yatron (chairman of the subcommittee) presiding.

Mr. YATRON. The subcommittee will come to order. The Subcommittee on Human Rights and International Organizations meets today to review U.S. policy with respect to the international protection of whales.

Over the past several years the subcommittee has played an active role in protecting marine mammals, holding extensive hearings and passing legislation. Last year the subcommittee approved House Joint Resolution 136, calling for a wildlife preserve for humpback whales, and House Concurrent Resolution 69, concerning nations that have filed an objection to the International Whaling Commission ban on commercial whaling.

In 1981, the IWC passed measures to end the commercial killing of sperm whales, and the following year invoked a moratorium on all commercial whaling, beginning with the 1985/86 season. Several member nations have filed objections to the IWC rulings, thereby exempting themselves from restrictions.

Congress has long recognized the dilemma posed by lack of enforcement of IWC decisions. In response, Congress enacted the Pelly amendment in 1971, providing for the embargo of fisheries imports from countries conducting fishing operations, which diminish the effectiveness of international fishery conservation programs. In 1979, a tougher measure was passed in the form of the Packwood-Magnuson amendment, mandating a 50-percent reduction of U.S. fisheries allocations for errant nations.

Last November, the United States and Japan exchanged letters outlining an understanding to permit a gradual phase-out of sperm whaling, exceeding specific IWC quotas, without certification under the provisions of the Pelly and Packwood-Magnuson amendments.1 In essence, the agreement allows Japan to kill 1,200 sperm whales

1 See apps. 1-6.

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