[House Document 105-45]
[From the U.S. Government Publishing Office]



105th Congress, 1st Session - - - - - - - - - - - House Document 105-45


 
                     WHALING ACTIVITIES OF CANADA

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

  A REPORT REGARDING CERTIFICATION BY THE SECRETARY OF COMMERCE THAT 
CANADA 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)




February 11, 1997.--Message referred to the Committees on International 
           Relations and Resources, and ordered to be printed


To the Congress of the United States:
    On December 12, 1996, Secretary of Commerce Michael Kantor 
certified under section 8 of the Fishermen's Protective Act of 
1967, as amended (the ``Pelly Amendment'') (22 U.S.C. 1978), 
that Canada has conducted whaling activities that diminish the 
effectiveness of a conservation program of the International 
Whaling Commission (IWC). The certification was based on the 
issuance of whaling licenses by the Government of Canada in 
1996 and the subsequent killing of two bowhead whales under 
those licenses. This message constitutes my report to the 
Congress pursuant to subsection (b) of the Pelly Amendment.
    In 1991, Canadian natives took a bowhead whale from the 
western Arctic stock, under a Canadian permit. In 1994, 
Canadian natives took another bowhead whale from one of the 
eastern Arctic stocks, without a permit.
    In 1996, under Canadian permits, one bowhead whale was 
taken in the western Canadian Arctic on July 24 and one bowhead 
whale was taken in the eastern Canadian Arctic on August 17. 
The whale in the eastern Arctic was taken from a highly 
endangered stock. The IWC has expressed particular concern 
about whaling on this stock, which is not known to be 
recovering.
    None of the Canadian whale hunts described above was 
authorized by the IWC. Canada withdrew from the IWC in 1982. In 
those instances where Canada issued whaling licenses, it did so 
without consulting the IWC. In fact, Canada's 1996 actions were 
directly contrary to IWC advice. At the 1996 Annual Meeting, 
the IWC passed a resolution encouraging Canada to refrain from 
issuing whaling licenses and to rejoin the IWC. However, Canada 
has recently advised the United States that it has no plans to 
rejoin the IWC and that it intends to continue granting 
licenses for the taking of endangered bowhead whales.
    Canada's unilateral decision to authorize whaling outside 
of the IWC is unacceptable. Canada's conduct jeopardizes the 
international effort that has allowed whale stocks to begin to 
recover from the devastating effects of historic whaling.
    I understand the importance of maintaining traditional 
native cultures, and I support aboriginal whaling that is 
managed through the IWC. The Canadian hunt, however, is 
problematic for two reasons.
    First, the whaling took place outside the IWC. 
International law, as reflected in the 1982 United Nations 
Convention on the Law of the Sea, obligates countries to work 
through the appropriate international organization for the 
conservation and management of whales. Second, whaling in the 
eastern Canadian Arctic poses a particular conservation risk, 
and the decision to take this risk should not have been made 
unilaterally.
    I believe that Canadian whaling on endangered whales 
warrants action at this time.
    Accordingly, I have instructed the Department of State to 
oppose Canadian efforts to address takings of marine mammals 
within the newly formed Arctic Council. I have further 
instructed the Department of State to oppose Canadian efforts 
to address trade in marine mammal products with the Arctic 
Council. These actions grow from our concern about Canada's 
efforts to move whaling issues to fora other than the IWC and, 
more generally, about the taking of marine mammals in ways that 
are inconsistent with sound conservation practices.
    Second, I have instructed the Department of Commerce, in 
implementing the Marine Mammal Protection Act, to withhold 
consideration of any Canadian requests for waivers to the 
existing moratorium on the importation of seals and/or seal 
products into the United States.
    Finally, the United States will continue to urge Canada to 
reconsider its unilateral decision to authorize whaling on 
endangered stocks and to authorize whaling outside the IWC.
    I believe the foregoing measures are more appropriate in 
addressing the problem of Canadian whaling than the imposition 
of import prohibitions at this time.
    I have asked the Departments of Commerce and State to keep 
this situation under close review.

                                                William J. Clinton.
    The White House, February 10, 1997.

                                
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