WHALING: SMITH KEEPS LEGAL ACTION AGAINST JAPAN ON

C O N F I D E N T I A L CANBERRA 000574

NOFORN
SIPDIS

STATE FOR OES/OA, WHITE HOUSE FOR CEQ SUTLEY, COMMERCE FOR
NOAA

E.O. 12958: DECL: 06/21/2019
TAGS: KSCA EFIS SENV AS
SUBJECT: WHALING: SMITH KEEPS LEGAL ACTION AGAINST JAPAN ON
THE TABLE

REF: CANBERRA 530

Classified By: Economic Counselor Edgard Kagan, Reasons 1.4(b)(d)


1. (SBU) Summary: Australia's Foreign Minister Stephen Smith
reiterated on June 19 that Australia remained committed to
international legal action against Japan if progress is not
made on stopping lethal scientific whaling in the
International Whaling Commission (IWC). Smith made his
comments in New Zealand, where he also participated in the
announcement of a joint expedition, including New Zealand
scientific and maritime resources, to conduct non-lethal
research in the Antarctic. Smith's statement, which
reflected no change in the official Australian position, was
necessary to reassure domestic supporters that Environment
Minister Garrett and Smith were not backsliding on the
whaling issue as the IWC prepares to meet next week. End
Summary.


2. (SBU) Foreign Minister Smith's statement in New Zealand is
the second major whaling comment released by the government
on the eve of the IWC meetings in Madeira. Environment
Minister Garrett, in a speech on June 15, told his Australian
audience that Australia was "entitled" to two outcomes at
this year's IWC meetings in Madeira: real progress and
genuine engagement. Garrett welcomed the U.S. pledge to
reform the IWC by mid-2010 and strong opposition to lethal
scientific whaling. Department of Environment, Water,
Heritage Assistant Secretary Andrew McNeese and Department of
Foreign Affairs and Trade Environment Branch Head Ruth Adler
told Econoff on June 19 that Smith's statements reflected no
change in Australian policy and reinforced the importance
Australia was placing on seeing real progress, especially on
scientific whaling, at the IWC this year. Garrett will be
proposing at Madeira that all scientific whale research be
brought under the authority of the commission and all
research be underpinned by genuine scientific need. Garrett
was careful, however, to avoid saying that all research
should be non-lethal. Instead, he said all research should
be done "in the most humane and ethical way."


3. (SBU) The announcement of the joint Australia-New Zealand
non-lethal research expedition is intended to remind the
domestic and international audiences that Australia is
putting more than US$10 million into a cooperative non-lethal
alternative, the Southern Ocean Research Partnership. The
expedition will take six weeks and take place aboard the New
Zealand research vessel Tangaroa. New Zealand, always a
supporter of the idea, is the first country to buy into the
research with their own resources. Although announced by
Garrett last year, this is the first major organized research
activity under the partnership.


4. (C/NF) Comment: It is important to note the slight change
in rhetoric in Garrett's statements. While the hard line
consistently put out by Smith and Garrett here was that
Australia had to see positive progress at IWC 61 this year,
Garrett had to carefully walk that back to accepting
indications that progress would be made both at IWC 61 and
IWC 62 in 2010. We suspect that the Australian's view this
as necessary to stay in step with the U.S. Smith's
affirmation of the possibility of legal action on whaling is
Qaffirmation of the possibility of legal action on whaling is
likely designed to pave the way to justify waiting until the
results of IWC 62 are known before taking legal action. End
Comment.

CLUNE