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[House Document 107-11]
[From the U.S. Government Publishing Office]

107th Congress, 1st Session - - - - - - - - - - - House Document 107-11

 
 REPORT TO CONGRESS ON THE EFFECTIVENESS OF THE INTERNATIONAL WHALING 
                 CONVENTION (IWC) CONSERVATION PROGRAM

                               __________

                             COMMUNICATION

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

A REPORT CONCERNING JAPAN'S RESEARCH WHALING ACTIVITIES THAT DIMINISH 
  THE EFFECTIVENESS OF THE INTERNATIONAL WHALING CONVENTION (IWC) 
  CONSERVATION PROGRAM, PURSUANT TO SECTION 8 OF THE FISHERMEN'S 
  PROTECTIVE ACT OF 1967, 22 U.S.C. 1978 (THE PELLY AMENDMENT)

 January 3, 2001.--Referred jointly to the Committees on International 
           Relations and Resources, and ordered to be printed

                               __________

                    U.S. GOVERNMENT PRINTING OFFICE
89-011                     WASHINGTON : 2001

                                           The White House,
                                     Washington, December 29, 2000.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: On September 13, 2000, the Secretary of 
Commerce certified that Japan had authorized its nationals to 
conduct research whaling activities that diminish the 
effectiveness of the International Whaling Convention (IWC) 
conservation program. This message constitutes my report to the 
Congress pursuant to section 8 of the Fishermen's Protective 
Act of 1967, 22 U.S.C. 1978 (the Pelly Amendment).
    Secretary Mineta's certification was the third against 
Japan for scientific research whaling. The first was in 1988, 
when Japan initiated its Antarctic program that now entails an 
annual take of 440 minke whales. The second was in 1995, after 
Japan extended its program to the North Pacific, where it has 
been taking 100 minke whales per year. This year, despite a 
specific resolution passed by the majority of IWC parties 
calling on Japan to refrain from conducting lethal research in 
the North Pacific, Japan expanded its program in the North 
Pacific to permit the take of 10 sperm whales and 50 Bryde's 
whales. The total harvest in this summer's hunt was 40 minke 
whales, 5 sperm whales, and 43 Bryde's whales. I remain very 
concerned about Japan's decision to expand its research whaling 
to two additional species.
    I also remain concerned about Japan's practice of taking 
whales in the Southern Ocean Whale Sanctuary north of 
Antarctica. This is an internationally recognized sanctuary 
that was approved by the IWC. I see no justification for 
Japan's practice and will continue to urge Japan to reconsider 
its policy, which I believe undermines the effectiveness of 
whale sanctuaries everywhere. I note in addition that Japan's 
practice is clearly out of step with the growing international 
consensus in support of whale sanctuaries, and in sharp 
contrast to the strong leadership that Mexico and Brazil have 
both shown in the last 3 months in designating areas off their 
coasts as whale sanctuaries.
    Along with many other members of the IWC, the United States 
believes the Japanese research whaling program has dubious 
scientific validity. Information relevant to management of 
whale stocks can be collected by nonlethal techniques. Products 
of the research harvest are sold in Japanese markets, which 
raises questions about the true motivation for the program. In 
addition, Japan has conducted the same set of scientific 
research experiments on significant numbers of minke whales for 
more than 10 years.
    I want to underscore that concerns about Japan's lethal 
scientific whaling program are not simply a bilateral matter. A 
substantial majority of IWC members share our concern and want 
Japan to curtail its program.
    My Administration has already taken a wide range of 
economic and diplomatic measures in response to Japan's 
expanded program. On September 13, I directed the Secretary of 
State to make Japan ineligible to conduct fishing operations 
within the United States exclusive economic zone. I, members of 
my Cabinet, and other United States officials, have raised our 
strong concerns at the highest levels of the Japanese 
Government and will continue to do so. I have personally 
intervened with Prime Minister Mori. We also joined 14 other 
governments in making a high-level demarche to the Japanese 
Government to protest its decision to issue the permits. In 
September, we canceled a bilateral fisheries meeting that we 
have been holding annually for more than a decade. We also 
declined to participate in a ministerial meeting on 
environmental issues in August hosted by Japan. We have also 
actively supported the selection of a country other than Japan 
to host the next intersessional meeting of the IWC. As a 
result, the IWC voted 17-10 to hold the meeting in Monaco 
instead of Tokyo.
    The United States has intensified its serious engagement on 
these issues with Japan. In November, we held bilateral 
consultations with Japan in Tokyo on scientific research on 
whales. At that meeting, we appreciated receiving the news that 
Japan is preparing to conduct two nonlethal scientific whale 
programs in the next 12 months. This is a very encouraging 
sign. We expect our bilateral meeting will lead to an IWC 
Scientific Committee workshop on methods for whale research. I 
view this meeting as a positive but limited step. Our goal 
remains that Japan substitute nonlethal techniques for its 
program. We will vigorously pursue this objective in 
conjunction with our partners in the IWC.
    We are concerned that the presence of these additional 
species of whales in the Japanese market could increase the 
risk of derivatives of whale products entering international 
commerce. To this end, we have raised these matters within the 
Convention on International Trade in Endangered Species, and an 
interagency team continues to consider additional measures to 
enforce international and national prohibitions on trade in 
whale products. If warranted, the Secretaries of Commerce and 
the Treasury will take appropriate additional measures.
    In sum, I remain deeply concerned by Japan's unilateral 
actions. For this reason, I have directed the Departments of 
State, Commerce, the Interior, and the Treasury, as well as the 
Office of the United States Trade Representative, to keep this 
matter under active review. I will also direct these agencies 
to further examine the relationship between Japanese companies 
that both manufacture whaling equipment and export products to 
the U.S. market. I would consider actions regarding any imports 
from whaling equipment manufacturers, as well as actions 
regarding a broader range of imported products, should they be 
warranted by lack of progress from our bilateral and 
multilateral efforts; however, I do not believe that import 
prohibitions would further our objectives at this time. We are 
committed to a sustained effort in order to bring about 
positive movement in Japan's whaling policies.
            Sincerely,
                                                William J. Clinton.

                                  
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