305. Memorandum From the Director of Oceans and Polar Affairs, Bureau of Oceans and International Environmental and Scientific Affairs (Scully) to the Assistant Secretary of State for Oceans and International Environmental and Scientific Affairs (Malone)1
SUBJECT
- The joint State/Commerce working group meeting for developing USG positions on the whaling issue with Japan, to be held today at 4:00 P.M. in Main Commerce, Room 52302
Over the last few days Japanese Government officials called on Under Secretary Wallis and Dr. John Byrne to propose consultations [Page 860] on the “life estate” concept as a possible compromise on the sperm whaling problem.3 These consultations will take place October 15–16 in Main Commerce, Room 5230.4 The tentative schedule for bilateral discussions are October 15: 9:30–11:00 A.M. and 3:00–4:30 P.M.; October 16: 10:00–12:30 and 2:30–4:30. Unfortunately, Under Secretary Wallis will be traveling with the Secretary on those days but John Byrne has postponed a trip and will head the U.S. delegation. A tentative list of attendees for the consultations is attached.5
The GOJ indicated that under the “life-estate” concept that they are studying, there would in the future be no building of new whaling vessels and no increase in the number or tonnage of whaling vessels. Consequently, sperm whaling will be diminished as whaling vessels now being employed become superannuated and the persons who are engaged in whaling retire. However, should there be a revival of commercial whaling as a result of the IWC’s Comprehensive Assessment by 1990 (part of the moratorium decision), the life estate concept would be discontinued. The Japanese also stressed that if Japan was certified during negotiations it would be totally impossible for Japan to make the necessary concessions to accept such a concept. As you know, we are in the process of agreeing on the text of a letter to send to Secretary Baldrige conveying our positive reaction to this movement by the Japanese and requesting that certification be avoided in order to accomplish a negotiated compromise to avoid the immediate problem.6 There appears to be agreement in the State Department that we would be unable to reach a compromise on the sperm whale problem if certification were to occur during our negotiations.
Although we are all encouraged by the Japanese interest in the “life estate” (phase-out) concept to be discussed next week as a possible compromise to avoid the sperm whale problem, we will be discussing what items to consider in the negotiations. We will probably also want [Page 861] to discuss what response we will give concerning the Japanese request that no certification be made while we are negotiating. We understand that Dr. Byrne has told Japanese Government officials that the certification process would begin as soon as one whale was taken but that there would be no certification before the discussions next week. When asked how soon certification could take place once the taking of a sperm whale was verified, he reportedly said within a few days.
Of course, we will be able to assess the Japanese approach only after it is presented to us next week, but at this joint meeting we will want to discuss what the GOJ specific proposal might involve and which items we should consider for the negotiations. Some items which might be brought up at this joint meeting are:
What is the basis for providing the guarantees requested by the GOJ for no certification? Why, for how long, how to assess significant progress
How much will be covered in the present “life estate” proposal? All coastal (sperm, Bryde’s and minkes), sperm whaling only, pelagic minkes; Import and export restrictions
Long-term application to other Japanese whaling?
Application to whaling by other countries?
Duration of phase-out? Retirement of boats, fixed dates, retirement of people
What specific data we want from GOJ on current operations?
How will size of quota change over the phase-out period?
Will such a phase-out be reported to or approved by the IWC? Consultations with IWC, IWC Members, actions of IWC
Plans for IWC Comprehensive Assessment by 1990?
What form would an agreement take? Exchange of letters, MOU, etc.
What could be required from U.S.? Commitment to get IWC agreement, no certification, etc.
How long it might take to reach agreement with Japan?
- Source: Department of State, Chronological Files, 1984–1985, Lot 86D362, October #1 1984 Completed Items. No classification marking. Sent through Wolfe. Drafted by Kendrew.↩
- No record of this meeting has been found.↩
- In telegram 304378 to Tokyo, October 13, the Department summarized the October 5 meeting with Murazumi: “Under the ‘life estate’ concept being studied by the GOJ, there would in the future be no building of new whaling vessels and no increase in the number or tonnage of whaling vessels. Consequently, sperm whaling will be diminished as whaling vessels now being employed become superannuated and the persons who are engaged in whaling retire. However, should there be a revival of commercial whaling as a result of the IWC’s comprehensive review by 1990, the life estate concept would be discontinued.” (Department of State, Central Foreign Policy File, D840652–0851)↩
- An undated report entitled “U.S.-Japan Whaling Discussions—Confidential,” which summarized the meeting, noted the U.S. suggestion to merge the “life estate” concept with a policy that would “show significant initial reductions in sperm whaling, continued reductions, and a reasonable assessment of when sperm whaling would end.” (Department of State, Chronological Files, 1984–1985, Lot 86D362, November #3 1984 Completed Items)↩
- Attached but not printed.↩
- See Document 306.↩