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U.S. POLICY WITH RESPECT TO THE
SUBCOMMITTEE ON HUMAN RIGHTS
HOUSE OF REPRESENTATIVES
H. Con. Res. 54
MAY 8, JUNE 19, AND SEPTEMBER 19, 1985
Printed for the use of the Committee on Foreign Affairs
U.S. GOVERNMENT PRINTING OFFICE
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
Hon. Don Bonker, a Representative in Congress from the State of Wash-
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
ing United States-Japan relations
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
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,
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.