I

103D CONGRESS

1ST SESSION H. R. 1955

To require the President to impose economic sanctions against countries

that engage in whaling not authorized and approved by the International

Whaling Commission.

IN THE HOUSE OF REPRESENTATIVES

MAY 4, 1993

Mr. DEFAZIO (for himself, Mr. WILSON, Mr. RAVENEL, Mr. LIPINSKI, and

Mr. JACOBS) introduced the following bill; which was referred jointly to

the Committees on Merchant Marine and Fisheries, Ways and Means,

and Foreign Affairs

A BILL

To require the President to impose economic sanctions

against countries that engage in whaling not authorized

and approved by the International Whaling Commission.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This act may be cited as ‘‘The International Whaling

5 Moratorium Enforcement Act of 1993’’.

6 SEC. 2. POLICY AND FINDINGS.

7 (a) POLICY.—It is the policy of the United States to

8 continue to enforce, through the International Whaling
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1 Commission, the indefinite cessation of the commercial

2 killing of whales.

3 (b) FINDINGS.—

4 (1) In 1982, the International Convention for

5 the Regulation of Whaling was amended to put into

6 force an indefinite cessation of commercial whaling

7 beginning in the 1985–86 whaling season.

8 (2) The indefinite cessation of whaling has

9 never been fully implemented, because Japan and

10 Norway have continued commercial whaling oper11 ations under the guise of ‘‘scientific research’’.

12 (3) The countries of Japan, Iceland and Nor13 way have announced their intention to seek an end

14 to the International Whaling Commission morato15 rium on commercial whaling.

16 (4) In June 1992, Norway announced its inten17 tion to resume commercial whaling in the summer of

18 1993 in defiance of the International Whaling Com19 mission’s indefinite cessation of commercial whaling.

20 (5) Iceland withdrew its membership in the

21 International Whaling Commission, effective June

22 30, 1992, and has sought to further erode the au23 thority of the International Whaling Commission by

24 requesting a commercial whaling quota from the

25 North Atlantic Marine Mammal Commission, a re-
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1 gional group that has no authority to set quotas for

2 whaling.

3 (6) The United States has, together with six4 teen other member nations of the International

5 Whaling Commission, urged Norway to reconsider

6 its announced intention to resume commercial whal7 ing.

8 (7) On October 26, 1992, the Secretary of

9 Commerce certified, pursuant to the Pelly Amend10 ment to the Fishermen’s Protective Act of 1967 (22

11 U.S.C. 1978), that Norway’s activities under its sci12 entific research whaling program diminished the ef13 fectiveness of the International Whaling Commis14 sion’s conservation program.

15 (8) Pursuant to Agenda 21 of the United Na16 tions Conference on Environment and Development,

17 the International Whaling Commission is the inter18 national organization responsible for the manage19 ment and conservation of cetacean species, but to

20 date has no means by which to enforce its authority.

21 SEC. 3. CERTIFICATIONS.

22 (a) CERTIFICATION OF NONCOMPLIANCE.—Not later

23 than January 1, 1994, the President shall certify to the

24 Congress each country that has not completely ceased for25 bidden whaling operations.
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1 (b) ACTION BY THE PRESIDENT.—

2 (1) CERTIFICATION UNDER THE FISHERMEN’S

3 PROTECTIVE ACT OF 1967.—If a certification is made

4 under subsection (a) with respect to any country,

5 such certification shall be deemed to be a certifi6 cation for the purposes of section 8(a) of the Fisher7 men’s Protective Act of 1967 (22 U.S.C. 1978(a)).

8 Upon such certification all other applicable provi9 sions of section 8 of the Fishermen’s Protective Act

10 of 1967 (22 U.S.C. 1978), including subsections (b)

11 through (g), shall apply.

12 (2) PROHIBITION AGAINST IMPORTING FISH

13 AND FISH PRODUCTS.—If a certification is made

14 under subsection (a) with respect to any country, the

15 President shall direct the Secretary of the Treasury

16 to immediately prohibit the bringing or importation

17 into the United States of fish and fish products from

18 such country. Not later than fifteen days after such

19 certification, the President shall notify the Congress

20 of any action taken by him under this subsection.

21 Subsections (c), (e), (f), and (g) of section 8 of the

22 Fishermen’s Protective Act of 1967 (22 U.S.C. (c),

23 (e), (f), and (g)) shall apply with respect to any pro24 hibition on importation imposed under this sub25 section.
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1 (d) ADDITIONAL ECONOMIC SANCTIONS.—

2 (1) IN GENERAL.—If—

3 (A) a certification is made under sub4 section (a) and the President determines that

5 the economic sanctions imposed under sub6 section (b)(2) are insufficient to stop the coun7 try from engaging in forbidden whaling oper8 ations,

9 (B) a certification is not made under sub10 section (a) and the President determines at any

11 time after January 1, 1994, that a country is

12 engaging in forbidden whaling operations, or

13 (C) any country against which an action

14 has been taken under subsection (b) retaliates

15 against the United States as a result of such

16 action, the President is authorized to impose

17 additional economic sanctions against such

18 country.

19 (2) SCOPE OF ADDITIONAL ECONOMIC SANC20 TIONS.—In addition to the prohibition on importa21 tion described in subsection (b)(2), the President is

22 authorized to impose additional economic sanctions,

23 including the imposition of duties, import bans or

24 other import restrictions on the goods of, and not25 withstanding any other provision of law, fees or re-
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1 strictions on the services of a country to which this

2 Act applies.

3 (3) ACTION BY PRESIDENT.—The President

4 shall notify the Congress within fifteen days, if ei5 ther—

6 (A) an event described in paragraph (1)

7 occurs, or

8 (B) the President imposes additional eco9 nomic sanctions under this subsection.

10 (e) DURATION OF RESTRICTIONS.—Any sanction im11 posed against a country under subsection (b) or (c) shall

12 remain in effect until such time as the President certifies

13 to the Congress that such country has completely ceased

14 forbidden whaling operations.

15 (f) DEFINITIONS.—For purposes of this section—

16 (1) FORBIDDEN WHALING OPERATIONS.—The

17 term ‘‘forbidden whaling operations’’ means whaling

18 operations which are not authorized and specifically

19 approved by the International Whaling Commission

20 or otherwise diminish the effectiveness of any con21 servation program under the International Conven22 tion for the Regulation of Whaling.

23 (2) FISH AND FISH PRODUCTS.—The term

24 ‘‘fish and fish products’’ has the meaning given the

25 term ‘‘fish products’’ in section 8(h)(4) of the Fish-
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1 ermen’s Protective Act of 1967 (22 U.S.C.

2 1978(h)(4)).

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