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7337735
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President's Letter to Congress concerning whale catches of the USSR and Japan
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7337735
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document
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President's Letter to Congress concerning whale catches of the USSR and Japan
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White House Press Releases (Ford Administration)
Press Releases
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Soviet Union
Japan
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7337735
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16
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1975-01-16
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1975
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Digitized from Box 6 of the White House Press Releases at the Gerald R. Ford Presidential Library
FOR IMMEDIATE RELEASE
JANUARY 16, 1975
Office of the White House Press Secretary
THE WHITE HOUSE
TO THE CONGRESS OF THE UNITED STATES:
The Pelly Amendment to the Fishermen's Protective Act
of 1967, 22 U.S.C. S 1978 (1971), states that when the
Secretary of Commerce determines that the citizens of a
foreign country conduct fishing operations which diminish
the effectiveness of a conservation program of an inter-
national fishery convention to which the United States is
a party, he shall so certify to the President. The President
may then direct the Secretary of the Treasury to prohibit
the importation of fish products of the offending country.
Within sixty days of certification, the President is required
to notify the Congress of any action taken by him pursuant
to such certification. If the President takes no action, or
if he imposes an import prohibition which does not cover all
fish products of the offending country, he must inform the
Congress of his reasons.
The Secretary of Commerce has certified to me that the
minke whale catches of the USSP and Japan during the 1973-1974
season exceeded the International Whaling Commission (IWC)
quotas for that season. These actions diminished the effec-
tiveness of the conservation program of the Commission.
Quotas on the number of whales to be taken each year are
set at the annual meeting of the IWC. These quotas together
with certain other limitations constitute an "international
fishery conservation program." Objections to adopted quotas
are permitted by the terms of the Convention. An objecting
country is not legally bound by the quota. Whether or not the
objection is legal, however, does not alter the fact that
exceeding the quotas will diminish the effectiveness of the
program. It constitutes a prima facie case for application
of the Pelly Amendment.
Last year both Japan and Russia objected to the minke
and sperm whale quotas set by the IWC. In the case of the
minke whale, a quota of 5,000 whales was set for the Antarctic.
This figure was admittedly an informed estimate of the maximum
sustainable yield of the stock, since precise figures on
existing populations were lacking. Relatively few of these
small whales had been previously taken. Nonetheless, the
quota represented the best judgment of the scientific advisors
and was duly adopted by the member nations. The Soviet Union
and Japan voted against this quota. They said the figure
should be 8,000, and formally objected to the quota. They
then announced that each would take 4,000 minke whales during
the 1973-1974 season. In fact, the Soviet Union took 4,000
and Japan took 3,713. This represented an excess of 2,713,
or approximately 50 percent over quota.
To date, no prohibition has been imposed under the terms
of the Pelly Amendment. I have decided to impose no such
prohibition at this time. My decision is based upon the
results of this year's meeting of the IWC in London. At
this meeting, most of the member nations adopted an Australian
amendment to the United States 10-year moratorium resolution.
The amended resolution establishes the principle of a selective
moratorium applicable to any stocks of whales which fall below
their maximum sustainable yield levels or optimum population
more
(OVER)
2
levels as these are determined. In effect, the selective
moratorium shall prevent any whale stock from becoming en-
dangered. According to its terms, the resolution shall be
implemented in the 1975-1976 whaling conservation measures
fixed by the IWC next year.
The June meeting also produced an agreement to strengthen
the Secretariat and to convene a working level meeting to con-
sider changes in the International Whaling Convention itself.
In addition, the Commission's quotas for the 1974-1975 season
incorporated some conservation improvements not included in
the quotas for the last season. The Soviets and Japanese
voted for the 1974-1975 quotas and, in general, appeared to
be more conciliatory than during previous meetings. They,
therefore, provided some hope that all member nations would
comply with the resolution and with the 1974-1975 quotas.
There is, of course, the serious economic impact of trade
sanctions to consider, particularly in the case of Japan, which
in 1973 shipped $235 million in fishery products, 36 percent
(in dollar value) of its fishery exports, to the United States.
Domestically, withdrawal of Japanese imports, amounting to
about 11 percent of our supplies, would result in higher prices
for fish products.
Because of the important economic and political ramifica-
tions of such sanctions, they should be imposed only after all
reasonable alternatives for the achievement of the conservation
objective have proven ineffective. With the progress made at
this year's IWC meeting, the current situation does not warrant
such stringent measures and, therefore, I am taking no action
now.
There is, of course, the possibility that subsequent
action by Japan or the USSR may require a reassessment. In
this event I will expect the Secretary of Commerce to submit
such reports and recommendations as he finds warranted. The
Secretary's present certification, prepared by the National
Oceanic and Atmospheric Administration, recommends the course
of action I have decided on.
GERALD R. FORD
THE WHITE HOUSE,
January 16, 1975
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