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OCR Page 1 of 72RECORD TYPE: PRESIDENTIAL (ALL-IN-1 MAIL)
CREATOR: Betsy Quint-Moran (QUINTMORAN_B) (OPD)
CREATION DATE/TIME:28-JAN-1997 14:16:39.71
SUBJECT: Canadian Whaling Part II
TO: S. Lael Brainard
(BRAINARD_L) (WHO)
READ:28-JAN-1997 16:44:59.39
TEXT:
Lael:
This is where this issue stands:
--There is no consensus on trade sanctions.
--There is no conensus on the MMPA option that I explained to you.
(although some agencies--most notablly Commerce/NOAA--support this option)
--There is agreement that a diplomatic strategy should be pursued on the issue
but how that strategy should unfold is still up in the air.
The issue has larger consequences than it appears:
--The ultimate goal is to get the Canadians to stop whaling in Eastern stock not
the broader issue of getting them to join the IWC. However, many agencies
believe this issue is broader than "just saving two whales" and that if we don't
have a strong enough retaliation against the Canadians it will undermine the
IWC. For example, Commerce brought up a native tribe in Washington that is
using the IWC as a courtesy to do minimal whaling. The tribe is watching this
issue carefully since they have treaty rights to whaling and may decide
(particularly if the Candians are not reprimanded for their actions) to break
ties with the IWC and whale outside of the formal group.
Actions that need to be taken:
--The President must submit a Presidential Declaration to Congress by Feb 7th
stating what we intend to do about the issue. I will give you the most up to
date version of that declaration which NOAA has prepared when I pass this issue
on to you on Friday. The declaration says: we will keep this matter under
review and are currently considering a diplomatic strategy.
EOQ's strategy for securing some interagency consensus on the issue:
The beginning of next week (possibly Monday) Katie from CEQ will be hosting a
small principles meeting ( probably just with State and Interior) to finalize
our "diplomatic" strategy for dealing with the issue.
Some ideas posited at today's meeting for the diplomatic strategy:
--Take the issue up in the Arctic Council (an informal high-level fora made up
of Canadians, US, Danish, and Norwegians that the Canadians support. This would
not resolve the issue it would merely bring it to the fore.
--Address the issue in the NAFTA Council on Environmental Cooperation (CEC).
Again, the issue cannot be resolved here (there is no legal precedence for
dispute settlement in the CEC on this issue) but it would elevate the issue
diplomatically.
--MMPA option but restrict waivers on importing fur seals instead of polar bear
trohpies.
What actions the NGOs are taking:
--Originally, the NGOs were not supporting this issue because they were afraid
that it would force Canada into the IWC and they didn't want another whaling
nation in the IWC to disrupt the balance. The NGOs have changed their position