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    "localId": "7337735",
    "label": "President's Letter to Congress concerning whale catches of the USSR and Japan",
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    "title": "President's Letter to Congress concerning whale catches of the USSR and Japan",
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    "seq": 1,
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    "type": "document",
    "url": "https://s3.amazonaws.com/NARAprodstorage/opastorage/live/35/3377/7337735/content/library/document/0248/whpr19750116-011.pdf",
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    "ocrText": "Digitized from Box 6 of the White House Press Releases at the Gerald R. Ford Presidential Library\nFOR IMMEDIATE RELEASE\nJANUARY 16, 1975\nOffice of the White House Press Secretary\nTHE WHITE HOUSE\nTO THE CONGRESS OF THE UNITED STATES:\nThe Pelly Amendment to the Fishermen's Protective Act\nof 1967, 22 U.S.C. S 1978 (1971), states that when the\nSecretary of Commerce determines that the citizens of a\nforeign country conduct fishing operations which diminish\nthe effectiveness of a conservation program of an inter-\nnational fishery convention to which the United States is\na party, he shall so certify to the President. The President\nmay then direct the Secretary of the Treasury to prohibit\nthe importation of fish products of the offending country.\nWithin sixty days of certification, the President is required\nto notify the Congress of any action taken by him pursuant\nto such certification. If the President takes no action, or\nif he imposes an import prohibition which does not cover all\nfish products of the offending country, he must inform the\nCongress of his reasons.\nThe Secretary of Commerce has certified to me that the\nminke whale catches of the USSP and Japan during the 1973-1974\nseason exceeded the International Whaling Commission (IWC)\nquotas for that season. These actions diminished the effec-\ntiveness of the conservation program of the Commission.\nQuotas on the number of whales to be taken each year are\nset at the annual meeting of the IWC. These quotas together\nwith certain other limitations constitute an \"international\nfishery conservation program.\" Objections to adopted quotas\nare permitted by the terms of the Convention. An objecting\ncountry is not legally bound by the quota. Whether or not the\nobjection is legal, however, does not alter the fact that\nexceeding the quotas will diminish the effectiveness of the\nprogram. It constitutes a prima facie case for application\nof the Pelly Amendment.\nLast year both Japan and Russia objected to the minke\nand sperm whale quotas set by the IWC. In the case of the\nminke whale, a quota of 5,000 whales was set for the Antarctic.\nThis figure was admittedly an informed estimate of the maximum\nsustainable yield of the stock, since precise figures on\nexisting populations were lacking. Relatively few of these\nsmall whales had been previously taken. Nonetheless, the\nquota represented the best judgment of the scientific advisors\nand was duly adopted by the member nations. The Soviet Union\nand Japan voted against this quota. They said the figure\nshould be 8,000, and formally objected to the quota. They\nthen announced that each would take 4,000 minke whales during\nthe 1973-1974 season. In fact, the Soviet Union took 4,000\nand Japan took 3,713. This represented an excess of 2,713,\nor approximately 50 percent over quota.\nTo date, no prohibition has been imposed under the terms\nof the Pelly Amendment. I have decided to impose no such\nprohibition at this time. My decision is based upon the\nresults of this year's meeting of the IWC in London. At\nthis meeting, most of the member nations adopted an Australian\namendment to the United States 10-year moratorium resolution.\nThe amended resolution establishes the principle of a selective\nmoratorium applicable to any stocks of whales which fall below\ntheir maximum sustainable yield levels or optimum population\nmore\n(OVER)\n2\nlevels as these are determined. In effect, the selective\nmoratorium shall prevent any whale stock from becoming en-\ndangered. According to its terms, the resolution shall be\nimplemented in the 1975-1976 whaling conservation measures\nfixed by the IWC next year.\nThe June meeting also produced an agreement to strengthen\nthe Secretariat and to convene a working level meeting to con-\nsider changes in the International Whaling Convention itself.\nIn addition, the Commission's quotas for the 1974-1975 season\nincorporated some conservation improvements not included in\nthe quotas for the last season. The Soviets and Japanese\nvoted for the 1974-1975 quotas and, in general, appeared to\nbe more conciliatory than during previous meetings. They,\ntherefore, provided some hope that all member nations would\ncomply with the resolution and with the 1974-1975 quotas.\nThere is, of course, the serious economic impact of trade\nsanctions to consider, particularly in the case of Japan, which\nin 1973 shipped $235 million in fishery products, 36 percent\n(in dollar value) of its fishery exports, to the United States.\nDomestically, withdrawal of Japanese imports, amounting to\nabout 11 percent of our supplies, would result in higher prices\nfor fish products.\nBecause of the important economic and political ramifica-\ntions of such sanctions, they should be imposed only after all\nreasonable alternatives for the achievement of the conservation\nobjective have proven ineffective. With the progress made at\nthis year's IWC meeting, the current situation does not warrant\nsuch stringent measures and, therefore, I am taking no action\nnow.\nThere is, of course, the possibility that subsequent\naction by Japan or the USSR may require a reassessment. In\nthis event I will expect the Secretary of Commerce to submit\nsuch reports and recommendations as he finds warranted. The\nSecretary's present certification, prepared by the National\nOceanic and Atmospheric Administration, recommends the course\nof action I have decided on.\nGERALD R. FORD\nTHE WHITE HOUSE,\nJanuary 16, 1975\n# # # # #"
}