[Congressional Record Volume 157, Number 137 (Thursday, September 15, 2011)]
[Senate]
[Page S5682]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


PRESIDENT'S REPORT TO CONGRESS RELATIVE TO THE SECRETARY OF COMMERCE'S 
  CERTIFICATION UNDER SECTION 8 OF THE FISHERMAN'S PROTECTIVE ACT OF 
   1967, AS AMENDED (THE ``PELLY AMENDMENT'') (22 U.S.C. 1978) THAT 
 NATIONALS OF ICELAND HAVE CONDUCTED WHALING ACTIVITIES THAT DIMINISH 
    THE EFFECTIVENESS OF THE INTERNATIONAL WHALING COMMISSION (IWC) 
                      CONSERVATION PROGRAM--PM 21

  The PRESIDING OFFICER laid before the Senate the following message 
from the President of the United States which was referred to the 
Committee on Commerce, Science, and Transportation:

To the Congress of the United States:
  On July 19, 2011, Secretary of Commerce Gary Locke certified under 
section 8 of the Fisherman's Protective Act of 1967, as amended (the 
``Pelly Amendment'') (22 U.S.C. 1978), that nationals of Iceland are 
conducting whaling activities that diminish the effectiveness of the 
International Whaling Commission (IWC) conservation program. This 
message constitutes my report to the Congress consistent with 
subsection (b) of the Pelly Amendment.
  In 1982, the IWC set catch limits for all commercial whaling at zero. 
This decision, known as the commercial whaling moratorium, is in effect 
today. Iceland abided by the moratorium until 1992, when it withdrew 
from the IWC. In 2002, Iceland rejoined the IWC with a reservation to 
the moratorium on commercial whaling. In 2003, Iceland began a lethal 
scientific research whaling program. In 2004, Secretary of Commerce 
Donald L. Evans certified Iceland under the Pelly Amendment for lethal 
scientific research whaling. When Iceland resumed commercial whaling in 
2006, Secretary Carlos M. Gutierrez retained Iceland's certification, 
which remains in effect today.
  Iceland's commercial harvest of fin whales escalated dramatically 
over the past few years. In addition, Iceland recently resumed 
exporting whale products. Of particular concern to the United States, 
Iceland harvested 125 endangered fin whales in 2009 and 148 in 2010, a 
significant increase from the total of 7 fin whales it commercially 
harvested between 1987 and 2007.
  Iceland's sole fin whaling company, Hvalur hf, suspended its fin 
whaling due to the earthquake and tsunami in Japan, where it exports 
its whale meat. Despite this suspension, Iceland continues to permit 
whaling and has a government issued fin whale quota in effect for the 
2011 season that continues to exceed catch levels that the IWC's 
scientific body advised would be sustainable if the moratorium was 
removed. This continues to present a threat to the conservation of fin 
whales. Further, Icelandic nationals continue to hunt minke whales 
commercially and Iceland's exports of whale meat to Japan reportedly 
increased significantly in both March and April 2011.
  Iceland's actions threaten the conservation status of an endangered 
species and undermine multilateral efforts to ensure greater worldwide 
protection for whales. Iceland's increased commercial whaling and 
recent trade in whale products diminish the effectiveness of the IWC's 
conservation program because: (1) Iceland's commercial harvest of 
whales undermines the moratorium on commercial whaling put in place by 
the IWC to protect plummeting whale stocks; (2) the fin whale harvest 
greatly exceeds catch levels that the IWC's scientific body advised 
would be sustainable if the moratorium were removed; and (3) Iceland's 
harvests are not likely to be brought under IWC management and control 
at sustainable levels through multilateral efforts at the IWC.
  In his letter of July 19, 2011, Secretary Locke expressed his concern 
for these actions, and I share these concerns. To ensure that this 
issue continues to receive the highest level of attention, I direct: 
(1) relevant U.S. delegations attending meetings with Icelandic 
officials and senior Administration officials visiting Iceland to raise 
U.S. concerns regarding commercial whaling by Icelandic companies and 
seek ways to halt such action; (2) Cabinet secretaries to evaluate the 
appropriateness of visits to Iceland depending on continuation of the 
current suspension of fin whaling; (3) the Department of State to 
examine Arctic cooperation projects, and where appropriate, link U.S. 
cooperation to the Icelandic government changing its whaling policy and 
abiding by the IWC moratorium on commercial whaling; (4) the 
Departments of Commerce and State to consult with other international 
actors on efforts to end Icelandic commercial whaling and have Iceland 
abide by the IWC moratorium on commercial whaling; (5) the Department 
of State to inform the Government of Iceland that the United States 
will continue to monitor the activities of Icelandic companies that 
engage in commercial whaling; and (6) relevant U.S. agencies to 
continue to examine other options for responding to continued whaling 
by Iceland.
  I concur with the Secretary of Commerce's recommendation to pursue 
the use of non-trade measures and that the actions outlined above are 
the appropriate course of action to address this issue. Accordingly, I 
am not directing the Secretary of the Treasury to impose trade measures 
on Icelandic products for the whaling activities that led to the 
certification by the Secretary of Commerce. However, to ensure that 
this issue continues to receive the highest level of attention, I am 
directing the Departments of State and Commerce to continue to keep the 
situation under review and continue to urge Iceland to cease its 
commercial whaling activities. Further, within 6 months, or immediately 
upon the resumption of fin whaling by Icelandic nationals, I have 
directed relevant departments and agencies to report to me through the 
Departments of State and Commerce on their actions. I believe these 
actions hold the most promise of effecting a reduction in Iceland's 
commercial whaling activities.
                                                        Barack Obama.  
The White House, September 15, 2011.

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