U.S U.S. POLICY WITH RESPECT TO THE SUBCOMMITTEE ON HUMAN RIGHTS 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 MICHAEL D. BARNES, Maryland PETER H. KOSTMAYER, Pennsylvania 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 30ją 86 EPIT 3JA86 WITNESSES Hon. Don Bonker, a Representative in Congress from the State of Wash- Page Robbins Barstow, volunteer executive director, Connecticut Cetacean So- Robert J. McManus, general counsel, National Oceanic and Atmospheric 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 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 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 4. Letter dated November 13, 1984, from Yasushi Murazumi, Charge d'Affairs ad interim, Embassy of Japan, to Secretary Baldrige, regarding commercial 5. Letter dated November 13, 1984, from Secretary Baldrige to Mr. Yasushi Murazumi, regarding Mr. Murazumi's letter on the Japanese harvest of 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 (HD) 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 16. State Department comments on House Concurrent Resolution 54... 19. Draft agenda for the 37th annual meeting of the International Whaling 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 Page 100 164 165 168 171 172 173 176 177 178 182 188 190 202 U.S. POLICY WITH RESPECT TO THE INTERNATIONAL PROTECTION OF WHALES WEDNESDAY, MAY 8, 1985 HOUSE OF REPRESENTATIVES, 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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