306. Letter From Secretary of State Shultz to Secretary of Commerce Baldrige1

Dear Mac:

I am writing to suggest steps that might be taken to advance the President’s objective of ending commercial whaling.

The International Whaling Commission (IWC) has established what amounts to a de facto zero quota for sperm whaling beginning this year.2 Japan has objected formally to the IWC decision and apparently intends to continue sperm whaling under its objection, as it is entitled to do under IWC rules.3

The Japanese Government strongly believes that the IWC decision is unsound, was taken improperly, and is unfair to Japan. Nevertheless, senior officials have told us that they recognize that the end of Japanese whaling is inevitable. They stress, however, that whaling is a major emotional issue in Japan. There is a serious risk that this issue could so inflame public opinion in Japan as to erode our efforts to assure compliance with the conservation program of the IWC, regardless of the penalties we would impose under the Packwood-Magnuson and Pelly Amendments.

Dr. John Byrne, Administrator of the National Oceanic and Atmospheric Administration, who is the U.S. Commissioner to the IWC, has proposed a way to resolve this issue that I believe would advance our objective of strengthening the IWC, take into consideration the sensitivity of the whaling issue to many in the Congress and in the environmental movement, and provide the Japanese a way for dealing with their domestic political problem. This is the so-called “life estate” approach, under which whaling would be phased out as current Japanese sperm whalers retire. Since the number of Japanese sperm whalers is small and their average age high, this would end Japanese sperm whaling in the not too distant future. Representatives from Japan will be meeting next week in Washington with representatives of our Departments to discuss this approach.4

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There is no question that the threat of certification of Japan under the Packwood-Magnuson Amendment provides an incentive for the Japanese Government to work with us to resolve this issue. At the same time, Japanese officials have stressed that certification itself would inflame the issue and eliminate the Government’s ability to fashion a compromise acceptable to public opinion in Japan. It would appear that we can achieve maximum leverage if we begin the certification process as soon as the Japanese begin sperm whaling, but delay making a final decision on certification so long as we are making satisfactory progress in negotiations with Japan. After the meeting next week, we can assess the acceptability of the Japanese program.

In my view this would be the best way to achieve a compromise that would enhance the effectiveness of the IWC and the likelihood of achieving our goal of eliminating whaling.

I appreciate very much indeed the cooperative relationship that has developed between our Departments on the whaling issue and the leadership that has been displayed by Dr. Byrne. You can count on our continued constructive support.5

Sincerely yours,

George P. Shultz6
  1. Source: Reagan Library, Papers of George P. Shultz, Whaling. Confidential. Drafted by Reis on October 12 and cleared by Sherman, Brazeal, Anderson, Kendrew, Wolfe, Flournoy, Larson, Sloan, and Itoh.
  2. See Document 301.
  3. See footnote 4, Document 303.
  4. See footnote 4, Document 305.
  5. In his November 2 reply, Baldrige wrote: “In the interim, any sperm whaling could complicate our efforts to assure compliance with the conservation program of the International Whaling Commission (IWC).” He further wrote: “Unfortunately, the Government of Japan has waited until what seems the very last moment before beginning to discuss possible compromises in detail, while newspaper reports suggest that sperm whaling has begun. If we find these reports to be true then we must immediately begin the certification process.” (Department of State, Chronological Files, 1984–1985, Lot 86D362, November #1 1984 Completed Items)
  6. Shultz signed “George” above his typed signature.