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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This act may be cited as ‘‘The International Whaling
Moratorium Enforcement Act of 1993’’.
SEC. 2. POLICY AND FINDINGS.
(a) POLICY.—It is the policy of the United States to
continue to enforce, through the International Whaling
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Commission, the indefinite cessation of the commercial
killing of whales.
(b) FINDINGS.—
(1) In 1982, the International Convention for
the Regulation of Whaling was amended to put into
force an indefinite cessation of commercial whaling
beginning in the 1985–86 whaling season.
(2) The indefinite cessation of whaling has
never been fully implemented, because Japan and
Norway have continued commercial whaling oper-
ations under the guise of ‘‘scientific research’’.
(3) The countries of Japan, Iceland and Nor-
way have announced their intention to seek an end
to the International Whaling Commission morato-
rium on commercial whaling.
(4) In June 1992, Norway announced its inten-
tion to resume commercial whaling in the summer of
1993 in defiance of the International Whaling Com-
mission’s indefinite cessation of commercial whaling.
(5) Iceland withdrew its membership in the
International Whaling Commission, effective June
30, 1992, and has sought to further erode the au-
thority of the International Whaling Commission by
requesting a commercial whaling quota from the
North Atlantic Marine Mammal Commission, a re-
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gional group that has no authority to set quotas for
whaling.
(6) The United States has, together with six-
teen other member nations of the International
Whaling Commission, urged Norway to reconsider
its announced intention to resume commercial whal-
ing.
(7) On October 26, 1992, the Secretary of
Commerce certified, pursuant to the Pelly Amend-
ment to the Fishermen’s Protective Act of 1967 (22
U.S.C. 1978), that Norway’s activities under its sci-
entific research whaling program diminished the ef-
fectiveness of the International Whaling Commis-
sion’s conservation program.
(8) Pursuant to Agenda 21 of the United Na-
tions Conference on Environment and Development,
the International Whaling Commission is the inter-
national organization responsible for the manage-
ment and conservation of cetacean species, but to
date has no means by which to enforce its authority.
SEC. 3. CERTIFICATIONS.
(a) CERTIFICATION OF NONCOMPLIANCE.—Not later
than January 1, 1994, the President shall certify to the
Congress each country that has not completely ceased for-
bidden whaling operations.
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(b) ACTION BY THE PRESIDENT.—
(1) CERTIFICATION UNDER THE FISHERMEN’S
PROTECTIVE ACT OF 1967.—If a certification is made
under subsection (a) with respect to any country,
such certification shall be deemed to be a certifi-
cation for the purposes of section 8(a) of the Fisher-
men’s Protective Act of 1967 (22 U.S.C. 1978(a)).
Upon such certification all other applicable provi-
sions of section 8 of the Fishermen’s Protective Act
of 1967 (22 U.S.C. 1978), including subsections (b)
through (g), shall apply.
(2) PROHIBITION
AGAINST
IMPORTING
FISH
AND
FISH
PRODUCTS.—If a certification is made
under subsection (a) with respect to any country, the
President shall direct the Secretary of the Treasury
to immediately prohibit the bringing or importation
into the United States of fish and fish products from
such country. Not later than fifteen days after such
certification, the President shall notify the Congress
of any action taken by him under this subsection.
Subsections (c), (e), (f), and (g) of section 8 of the
Fishermen’s Protective Act of 1967 (22 U.S.C. (c),
(e), (f), and (g)) shall apply with respect to any pro-
hibition on importation imposed under this sub-
section.
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(d) ADDITIONAL ECONOMIC SANCTIONS.—
(1) IN GENERAL.—If—
(A) a certification is made under sub-
section (a) and the President determines that
the economic sanctions imposed under sub-
section (b)(2) are insufficient to stop the coun-
try from engaging in forbidden whaling oper-
ations,
(B) a certification is not made under sub-
section (a) and the President determines at any
time after January 1, 1994, that a country is
engaging in forbidden whaling operations, or
(C) any country against which an action
has been taken under subsection (b) retaliates
against the United States as a result of such
action, the President is authorized to impose
additional economic sanctions against such
country.
(2) SCOPE
OF
ADDITIONAL
ECONOMIC
SANC-
TIONS.—In addition to the prohibition on importa-
tion described in subsection (b)(2), the President is
authorized to impose additional economic sanctions,
including the imposition of duties, import bans or
other import restrictions on the goods of, and not-
withstanding any other provision of law, fees or re-
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strictions on the services of a country to which this
Act applies.
(3) ACTION
BY
PRESIDENT.—The President
shall notify the Congress within fifteen days, if ei-
ther—
(A) an event described in paragraph (1)
occurs, or
(B) the President imposes additional eco-
nomic sanctions under this subsection.
(e) DURATION OF RESTRICTIONS.—Any sanction im-
posed against a country under subsection (b) or (c) shall
remain in effect until such time as the President certifies
to the Congress that such country has completely ceased
forbidden whaling operations.
(f) DEFINITIONS.—For purposes of this section—
(1) FORBIDDEN
WHALING
OPERATIONS.—The
term ‘‘forbidden whaling operations’’ means whaling
operations which are not authorized and specifically
approved by the International Whaling Commission
or otherwise diminish the effectiveness of any con-
servation program under the International Conven-
tion for the Regulation of Whaling.
(2) FISH
AND
FISH
PRODUCTS.—The term
‘‘fish and fish products’’ has the meaning given the
term ‘‘fish products’’ in section 8(h)(4) of the Fish-
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ermen’s Protective Act of 1967 (22 U.S.C.
1978(h)(4)).
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