[Congressional Record Volume 160, Number 52 (Tuesday, April 1, 2014)]
[Senate]
[Pages S1918-S1919]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    PRESIDENT'S REPORT TO CONGRESS RELATIVE TO THE SECRETARY OF THE 
INTERIOR'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 CONVENTION ON INTERNATIONAL TRADE IN 
       ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES)--PM 37

  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 January 31, 2014, Secretary of the Interior Sally Jewell certified 
under section 8 of the Fisherman's Protective Act of 1967 (the ``Pelly 
Amendment'') (22 U.S.C. 1978), that nationals of Iceland are conducting 
trade in whale meat and products that diminishes the effectiveness of 
the Convention on International Trade in Endangered Species of Wild 
Fauna and Flora (CITES). This message constitutes my notification to 
the Congress consistent with subsection (b) of the Pelly Amendment.
  This is the third certification by United States Government agencies 
of Iceland for their continued whaling activities. In 2004, Secretary 
of Commerce Donald L. Evans made a certification regarding Iceland 
under the Pelly Amendment because its scientific whaling program 
diminished the effectiveness of the International Whaling Commission 
(IWC). When Iceland resumed commercial whaling in 2006, Secretary of 
Commerce Carlos M. Gutierrez continued Iceland's certification. In 
2011, Secretary of Commerce Gary Locke increased actions to be taken by 
members of the Cabinet, Federal departments and agencies, and U.S. 
delegations by again certifying Iceland for diminishing the 
effectiveness of the IWC.
  A single Icelandic company, Hvalur hf, conducts fin whaling. Iceland 
does not consume most of these fin whales; rather, they are exported, 
mainly to Japan. Iceland's commercial harvest of fin whales escalated 
dramatically in 2009 and 2010, was suspended in 2011 and 2012 due to 
difficulties in the Japanese market after the 2011 earthquake and 
tsunami, and resumed in 2013. Between 1987 and 2008, Iceland hunted a 
total of 7 fin whales. In 2009, Iceland hunted 125 fin whales, followed 
by 148 in 2010, zero in the years 2011-2012, and 134 fin whales in 
2013. On December 16, 2013, Iceland set its 2014-2019 fin whale quota 
at 154 fin whales per year, an increase in its previous yearly whaling 
quota. According to the IWC, a harvest of 46 fin whales in the North 
Atlantic is biologically sustainable.
  Iceland's actions jeopardize the survival of the fin whale, which is 
listed in CITES among the species most threatened with extinction, and 
they undermine multilateral efforts to ensure greater worldwide 
protection for whales. Specifically, Iceland's continued commercial 
whaling and recent trade in whale products diminish the effectiveness 
of CITES because: (1) Iceland's commercial harvest of fin whales 
undermines the goal of CITES to ensure that international trade in 
species of animals and plants does not threaten their survival in the 
wild; and (2) Iceland's current fin whale harvest and quota exceeds 
catch levels that the IWC's scientific body advised were sustainable.
  In her letter of January 31, 2014, Secretary Jewell expressed her 
concern for Iceland's actions, and I share these concerns. Just as the 
United States made the transition from a commercial whaling nation to a 
whale watching nation, we must enhance our engagement to facilitate 
this change by Iceland.
  To ensure that this issue continues to receive the highest level of 
attention, I have directed: (1) relevant U.S. agencies to raise 
concerns with Iceland's trade in whale parts and products in 
appropriate CITES fora and processes, and, in consultation with other 
international actors, to seek additional measures to reduce such trade 
and enhance the effectiveness of CITES; (2) relevant senior 
Administration officials and U.S. delegations meeting with Icelandic 
officials to raise U.S. objections to commercial whaling and Iceland's 
ongoing trade in fin whale parts and products and to urge a halt to 
such action, including immediate notification of this position to the 
Government of Iceland; (3) the Department of State and other relevant 
agencies to encourage Iceland to develop and expand measures that 
increase economic opportunities for the nonlethal uses of whales in 
Iceland, such as responsible whale watching activities and educational 
and scientific research activities that contribute to the conservation 
of whales; (4) the Department of State to re-examine bilateral 
cooperation projects, and where appropriate, to base U.S. cooperation 
with Iceland on the Icelandic government changing its whaling policy, 
abiding by the IWC moratorium on commercial whaling, and not engaging 
in trade in whale parts and products in a manner that diminishes the 
effectiveness of CITES; (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 international trade in whale parts and products; (6) Cabinet 
secretaries and other senior Administration officials to evaluate the 
appropriateness of visits to Iceland in light of Iceland's resumption 
of fin whaling and ongoing trade in fin whale parts and products; (7) 
relevant departments and agencies to examine other options for 
responding to continued whaling by Iceland; and (8) all relevant 
departments and agencies to report on their actions, within 6 months of 
certification, and any updates as needed beyond, through the 
Departments of State and the Interior. In addition, previous Pelly 
certifications of Iceland, and the direction to take actions pursuant 
to those certifications, remain in effect. I concur with the 
recommendation, as presented by the Secretary of the Interior, 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 the Interior.
  The Departments of State, Commerce, and the Interior will continue to 
monitor and encourage Iceland to

[[Page S1919]]

revise its policies regarding commercial whaling. Further, within 6 
months, I have directed relevant departments and agencies to report to 
me through the Departments of State, Commerce, and the Interior on 
their actions. I believe that continuing focus on Icelandic whaling 
activities is needed to encourage Iceland to halt commercial whaling 
and support international conservation efforts.
                                                        Barack Obama.  
The White House, April 1, 2014.

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