[Congressional Record Volume 143, Number 17 (Tuesday, February 11, 1997)]
[Senate]
[Page S1224]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 REPORT CONCERNING THE INTERNATIONAL WHALING COMMISSION--MESSAGE FROM 
                          THE PRESIDENT--PM 13

  The Presiding Officer laid before the Senate the following message 
from the President of the United States, together with an accompanying 
report; which was referred to the Committee on Commerce, Science, and 
Transportation.

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 ICW. 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 within 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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