307. Letter From the Japanese Chargé d’Affaires ad Interim (Murazumi) to Secretary of Commerce
Baldrige
1
Washington, November 13, 1984
Dear Mr. Secretary:
I am writing to you concerning the recent meetings2 between the
representatives of the Government of Japan and the Government of the
United States on the subject of commercial sperm whaling in the western
division stock of the North Pacific.
As you know, the Government of Japan is keenly aware that the whaling
issue poses a threat of friction between our two countries. The
Government of Japan wishes to resolve this issue as quickly and amicably
as possible to avoid a confrontation which might be caused by the
application of United States domestic statutes, namely Section 8(a) of
the Fishermen’s Protective Act (the Pelly Amendment) and Section 201(e) (2) of the Magnuson
Fishery Conservation and Management Act (the Packwood-Magnuson Amendment).3
Unfortunately, while both Governments are Parties to the International
Convention for the Regulation of Whaling (the Convention) and while we
both share the concern for the general objectives of the Convention,
there are certain differences between our two countries which arise from
our different cultural and domestic situations.
As you know, footnote 1 added in 1981 to
Table 3 of the Schedule to the Convention prohibits the commercial
harvest of sperm whales from the western division stock of the North
Pacific unless the International Whaling Commission affirmatively
decides otherwise. The Government of Japan has lodged an objection to
footnote 1, in accordance with the
provision of paragraph 3 of Article V of the Convention, and is
therefore not bound by the footnote.4
The Government of Japan, recognizing the need to take measures including
the withdrawal of the objection mentioned above in order to avoid a
confrontation between our two countries, seeks an additional period of
time for the purpose of minimizing the economic and social hardship of
those who are engaged in commercial sperm whaling. The [Page 865] Government of Japan endeavors to take
appropriate measures in order to meet this purpose.
I therefore request that, as long as Japanese commercial whaling is
conducted in a manner as indicated in the arrangement set forth in the
Summary of Discussions attached to this letter, you not consider that
the whaling will diminish the effectiveness of the Convention or its
conservation program and not certify such whaling as provided for in the
Pelly Amendment or the
Packwood-Magnuson
Amendment.
Sincerely yours,
Attachment
Summary of Discussions on Commercial Sperm
Whaling in the Western Division Stock of the North Pacific,
November 1–12, 1984, Washington, DC
5
Washington, November 13, 1984
Dr. John V. Byrne, United States Commissioner to the International
Whaling Commission
Mr. Hiroya Sano, Director-General, Fisheries Agency, Ministry of
Agriculture, Forestry and Fisheries, the Government of Japan
The latest in a series of bilateral discussions between Japan and the
United States were conducted in Washington, D.C., November 1–12,
1984, in an effort to determine whether it would be possible, in
accordance with the laws and regulations in effect in each country,
to develop an arrangement whereby the United States Secretary of
Commerce might refrain from “certifying” sperm whaling by Japanese
nationals, if they take sperm whales under the objection of the
Government of Japan to footnote 1 to
Table 3 of the Schedule to the International Convention for the
Regulation of Whaling, 1946 (the Convention). The heads of the
delegations shared the view that such an arrangement might be
possible, subject to satisfactory resolution of certain details and
to approval and implementation by the cognizant authorities of each
Government. The essential points of such a possible arrangement
would be the following:
1. (A) The Government of Japan may permit a catch of 400 sperm whales
during each of the 1984 and 1985 coastal seasons, subject to the [Page 866] provisions on by-catch of
females as set forth in footnote 2 to
Table 3 of the Schedule (dated November, 1983) to the
Convention.
(B) If, by December 13, 1984, the Government of Japan withdraws its
objection, lodged November 9, 1981 under paragraph 3 of Article V of
the Convention,6
effective on or before April 1, 1988, the United States would not
consider sperm whaling permitted under sub-paragraph (A) above to
diminish the effectiveness of the Convention or its conservation
program, and would therefore not certify such sperm whaling as
provided for in Section 8(a) of the Fishermen’s Protective Act (the
Pelly Amendment) or
Section 201(e)(2) of the Magnuson Fishery Conservation and
Management Act (the Packwood-Magnuson Amendment).
2. If, by April 1, 1985, the Government of Japan withdraws its
objection, lodged November 4, 1982,7 to paragraph 10(e) of the Schedule, effective
such that Japanese commercial coastal whaling will cease following
the 1987 coastal season and Japanese commercial pelagic whaling will
cease following the 1986/87 pelagic season, the United States would
not consider that whaling specified below would diminish the
effectiveness of the Convention or its conservation program and
would not certify such whaling under the Pelly Amendment or the Packwood-Magnuson Amendment, if
such whaling were limited to the following species and catch
limits:
1986 and 1987 Coastal Whaling Seasons
Western Division, North Pacific sperm whales—200 per season, subject
to the provisions on by-catch of females as set forth in footnote 2
to Table 3 of the Schedule (dated November, 1983) to the
Convention;
Okhotsk Sea-West Pacific minke whales—catch limits acceptable to the
Government of the United States after consultation with the
Government of Japan;
Western North Pacific Bryde’s whales—catch limits acceptable to the
Government of the United States after consultation with the
Government of Japan; and
1985/1986 and 1986/1987 Pelagic Whaling
Seasons
Southern Hemisphere minke whales catch limits acceptable to the
Government of the United States after consultation with the
Government of Japan.
