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[House Document 113-101]
[From the U.S. Government Publishing Office]

113th Congress, 2d Session - - - - - - - - - - - - House Document 113-101

 
  NOTIFICATION TO THE CONGRESS CONSISTENT WITH SUBSECTION (b) OF THE 
                            PELLY AMENDMENT

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

  A REPORT REGARDING CERTIFICATION BY THE SECRETARY OF COMMERCE THAT 
      ICELAND HAS CONDUCTED WHALING ACTIVITIES THAT DIMINISH THE 
 EFFECTIVENESS OF A CONSERVATION PROGRAM OF THE INTERNATIONAL WHALING 
            COMMISSION (IWC), PURSUANT TO 22 U.S.C. 1978(b)

    April 1, 2014.--Message and accompanying papers referred to the 
Committees on Foreign Affairs and Natural Resources, and ordered to be 
                                printed
To the Congress of the United States:
    On January 31, 2014, Secretary of the Interior Sally Jewell 
certified under section 8 of the Fisherman's Protective Act of 
1967 (the ``Pelly Amendment'') (22 U.S.C. 1978), that nationals 
of Iceland are conducting trade in whale meat and products that 
diminishes the effectiveness of the Convention on International 
Trade in Endangered Species of Wild Fauna and Flora (CITES). 
This message constitutes my notification to the Congress 
consistent with subsection (b) of the Pelly Amendment.
    This is the third certification by United States Government 
agencies of Iceland for their continued whaling activities. In 
2004, Secretary of Commerce Donald L. Evans made a 
certification regarding Iceland under the Pelly Amendment 
because its scientific whaling program diminished the 
effectiveness of the International Whaling Commission (IWC). 
When Iceland resumed commercial whaling in 2006, Secretary of 
Commerce Carlos M. Gutierrez continued Iceland's certification. 
In 2011, Secretary of Commerce Gary Locke increased actions to 
be taken by members of the Cabinet, Federal departments and 
agencies, and U.S. delegations by again certifying Iceland for 
diminishing the effectiveness of the IWC.
    A single Icelandic company, Hvalur hf, conducts fin 
whaling. Iceland does not consume most of these fin whales; 
rather, they are exported, mainly to Japan. Iceland's 
commercial harvest of fin whales escalated dramatically in 2009 
and 2010, was suspended in 2011 and 2012 due to difficulties in 
the Japanese market after the 2011 earthquake and tsunami, and 
resumed in 2013. Between 1987 and 2008, Iceland hunted a total 
of 7 fin whales. In 2009, Iceland hunted 125 fin whales, 
followed by 148 in 2010, zero in the years 2011-2012, and 134 
fin whales in 2013. On December 16, 2013, Iceland set its 2014-
2019 fin whale quota at 154 fin whales per year, an increase in 
its previous yearly whaling quota. According to the IWC, a 
harvest of 46 fin whales in the North Atlantic is biologically 
sustainable.
    Iceland's actions jeopardize the survival of the fin whale, 
which is listed in CITES among the species most threatened with 
extinction, and they undermine multilateral efforts to ensure 
greater worldwide protection for whales. Specifically, 
Iceland's continued commercial whaling and recent trade in 
whale products diminish the effectiveness of CITES because: (1) 
Iceland's commercial harvest of fin whales undermines the goal 
of CITES to ensure that international trade in species of 
animals and plants does not threaten their survival in the 
wild; and (2) Iceland's current fin whale harvest and quota 
exceeds catch levels that the IWC's scientific body advised 
were sustainable.
    In her letter of January 31, 2014, Secretary Jewell 
expressed her concern for Iceland's actions, and I share these 
concerns. Just as the United States made the transition from a 
commercial whaling nation to a whale watching nation, we must 
enhance our engagement to facilitate this change by Iceland.
    To ensure that this issue continues to receive the highest 
level of attention, I have directed: (1) relevant U.S. agencies 
to raise concerns with Iceland's trade in whale parts and 
products in appropriate CITES fora and processes, and, in 
consultation with other international actors, to seek 
additional measures to reduce such trade and enhance the 
effectiveness of CITES; (2) relevant senior Administration 
officials and U.S. delegations meeting with Icelandic officials 
to raise U.S. objections to commercial whaling and Iceland's 
ongoing trade in fin whale parts and products and to urge a 
halt to such action, including immediate notification of this 
position to the Government of Iceland; (3) the Department of 
State and other relevant agencies to encourage Iceland to 
develop and expand measures that increase economic 
opportunities for the nonlethal uses of whales in Iceland, such 
as responsible whale watching activities and educational and 
scientific research activities that contribute to the 
conservation of whales; (4) the Department of State to re-
examine bilateral cooperation projects, and where appropriate, 
to base U.S. cooperation with Iceland on the Icelandic 
government changing its whaling policy, abiding by the IWC 
moratorium on commercial whaling, and not engaging in trade in 
whale parts and products in a manner that diminishes the 
effectiveness of CITES; (5) the Department of State to inform 
the Government of Iceland that the United States will continue 
to monitor the activities of Icelandic companies that engage in 
commercial whaling and international trade in whale parts and 
products; (6) Cabinet secretaries and other senior 
Administration officials to evaluate the appropriateness of 
visits to Iceland in light of Iceland's resumption of fin 
whaling and ongoing trade in fin whale parts and products; (7) 
relevant departments and agencies to examine other options for 
responding to continued whaling by Iceland; and (8) all 
relevant departments and agencies to report on their actions, 
within 6 months of certification, and any updates as needed 
beyond, through the Departments of State and the Interior. In 
addition, previous Pelly certifications of Iceland, and the 
direction to take actions pursuant to those certifications, 
remain in effect. I concur with the recommendation, as 
presented by the Secretary of the Interior, to pursue the use 
of non-trade measures and that the actions outlined above are 
the appropriate course of action to address this issue. 
Accordingly, I am not directing the Secretary of the Treasury 
to impose trade measures on Icelandic products for the whaling 
activities that led to the certification by the Secretary of 
the Interior.
    The Departments of State, Commerce, and the Interior will 
continue to monitor and encourage Iceland to revise its 
policies regarding commercial whaling. Further, within 6 
months, I have directed relevant departments and agencies to 
report to me through the Departments of State, Commerce, and 
the Interior on their actions. I believe that continuing focus 
on Icelandic whaling activities is needed to encourage Iceland 
to halt commercial whaling and support international 
conservation efforts.
                                                      Barack Obama.
    The White House, April 1, 2014.

                                  
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