THE MARINE MAMMAL COMMISSION COMPENDIUM
BILATERAL / JAPAN
Volume(s) 1-3; pages 3216-3219
Agreement Between the Government of the United States of America and the Government of Japan Concerning Commercial Sperm Whaling in the Western Division Stock of the North Pacific, Washington, 1984
Done at Washington 13 November 1984
Entered into force 13 November 1984
Primary source citation: TIAS 11070
EMBASSY OF JAPAN 2520 MASSACHUSETTS AVENUE, N.W. WASHINGTON, D.C. 20008 (202) 234-2260
November 13, 1984
The Honorable Malcolm Baldrige The Secretary of Commerce Washington, D.C. 20230
Dear Mr. Secretary:
I am writing to you concerning the recent meetings 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).
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.
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 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, Yasushi Murazumi Charge d'Affaires ad interim of Japan
November 13, 1984
SUMMARY OF DISCUSSIONS ON COMMERCIAL SPERM WHALING IN THE WESTERN DIVISION STOCK OF THE NORTH PACIFIC, NOVEMBER 1-12, 1984, WASHINGTON, D.C. 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 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, 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, 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.
THE SECRETARY OF COMMERCE Washington DC 20230
November 13, 1984
Mr. Yasushi Murazumi Charge d'Affaires ad interim of Japan Embassy of Japan 2520 Massachusetts Avenue, NW. Washington, D.C. 20008
Dear Mr. Murazumi:
Thank you for your letter about the recent bilateral consultations between representatives of our governments on the Japanese harvest of sperm whales from the western division stock of the North Pacific and the possibility that I, as Secretary of Commerce, may certify any confirmed harvest of sperm whales by Japanese nationals.
After consulting with the United States Commissioner to the International Whaling Commission (IWC), I have concluded that commercial harvests of whales by Japanese nationals within the limits and under the circumstances set forth in the Summary of Discussions attached to your letter would not diminish the effectiveness of the International Convention for the Regulation of Whaling, 1946, or its conservation program.
The reports of the IWC's Scientific Committee, as well as the IWC's 1982 decision to permit quotas of 450 and 400 whales for the 1982 and 1983 coastal sperm whaling seasons, respectively, indicate that sperm whaling in accordance with paragraph 1 of the Summary of Discussions attached to your letter is not inconsistent with the IWC's essential conservation purposes. Moreover, in deciding that Japanese commercial whaling in accordance with paragraph 2 of that Summary of Discussions would not thwart the essential conservation purposes of the IWC, I have noted the apparent purpose of the IWC in having itself provided for a delayed effective date of paragraph 10(e).
This arrangement does not insulate from certification any Japanese whaling in excess of the 1984-85 quota for Southern Hemisphere minke whales. I urge that the Government of Japan comply with that quota. Furthermore, the withdrawals of your government's objections to footnote 1 to Table 3 and paragraph 10(e) of the Schedule would be irrevocable, notwithstanding their prospective effective dates.
Finally, in judging whether the Government of the United States would accept the catch limits for the 1986 and 1987 coastal seasons and 1985/86 and 1986/87 pelagic seasons as contemplated in paragraph 2 of the Summary of Discussions, the Government of the United States would be guided by the most recent quota voted by the IWC prior to those seasons.
Our purpose in recent consultations with the Government of Japan has been to encourage adherence by the Government of Japan to all provisions of the Convention's Schedule. We regard the provisions of paragraph 10(e) of the Schedule to be of central importance to the rational conservation and management of the world's remaining whale stocks. This is reflected in President Reagan's 1981 letter to each of the IWC Commissioners encouraging them to take action along the lines now reflected in paragraph 10(e) of the Schedule.
Sincerely, Malcolm Baldrige Secretary of Commerce