WHALING: JAPAN SUPPORTS ANOTHER YEAR FOR FUTURE OF

C O N F I D E N T I A L SECTION 01 OF 02 TOKYO 001286

SIPDIS

STATE FOR EAP/J AND OES/OA - MHAYES/LPHELPS
STATE PASS CEQ
USDOC FOR NOAA/NMFS - CMCCARTY AND RWULFF
BRIDGETOWN FOR ANTIGUA AND BARBUDA

E.O. 12958: DECL: 06/08/2019
TAGS: EFIS KSCA PREL SENV IWC JA
SUBJECT: WHALING: JAPAN SUPPORTS ANOTHER YEAR FOR FUTURE OF
THE IWC PROCESS

REF: A. STATE 57029

B. TOKYO 322

Classified By: EMIN Robert F. Cekuta, reasons 1.4 b and d.


1. (C) Summary: Japan supports continuing the Future of the
International Whaling Commission process until the 2010 IWC
Annual Meeting, Fisheries Agency of Japan Deputy Director
General Jun Yamashita told Emboffs June 8. However, Japan is
concerned the "starting point" for the Small Working Group
(SWG) discussion has shifted from negotiating a medium term
plan to address a range of issues and has become focused on
elimination of Japan's research whaling program. Japan would
like the SWG to get back to what the GOJ sees as the group's
original mandate. Japan also supports retaining Alvaro de
Soto as SWG chair. Regarding selecting a new IWC Chair and
Vice-chair, Japan's preference is for Dr. Hogarth to continue
as Chair for another year, but it would support others who
offered a balance between the two positions, such as
Switzerland and Antigua-Barbuda. Yamashita restated Japan's
request that the USG look into the tax exempt status of the
Sea Shepherd Conservation Society. Per points received from
Washington, EMIN advised Yamashita to ask the Japanese
Embassy in Washington to approach the Internal Revenue
Service regarding the issue. Yamashita added the issue of
the Sea Shepherd's actions vis a vis Japanese whaling vessels
on the high seas needs to be addressed before Japan can move
forward in the IWC negotiations. End summary.


2. (C) EMIN accompanied by ESTH Unit Chief, delivered
demarche points contained in ref A to Fisheries Agency of
Japan Deputy Director General and Japan's Alternate
Commissioner to the IWC Jun Yamashita June 8. Yamashita said
Japan supports the SWG chair's recommendation that the Future
of the IWC process continue for another year until the 2010
IWC Annual Meeting. However, he said the GOJ is concerned
the original concept of the process, which he said is to
negotiate a five year agreement that gradually addresses a
range of issues to reform the IWC, has changed. Instead, he
said the new "starting point" in the Process as advocated by
Australia in particular, is to eliminate research whaling.


3. (C) While Japan will continue to work for resolution
within the SWG, Yamashita said there are two stumbling blocks
for the GOJ in the current proposals: 1) phasing out research
whaling, and 2) IWC Scientific Committee advice for Japan's
coastal whaling program. He added the GOJ already made a
compromise before the negotiations started when it put on
hold its plans to take humpback whales in 2007. (Note: EMIN
pushed back on Yamashita's statement about the humpbacks and
also noted the work IWC Chair Hogarth had done relating to a
possible compromise way forward on coastal whaling and
limitation on research whaling activities. Yamashita dropped
any further reference to the humpbacks. End note.)


4. (C) In response to the questions contained in ref A,
Yamashita said Japan believes in limiting participation in
the SWG to at most ten members balanced between anti- and
pro- whaling countries, and no observers. Regarding
selecting a new IWC Chair and Vice-chair, Yamashita praised
the work of Dr. Hogarth and said Japan's first choice is for
Dr. Hogarth to continue for another year to see the process
through. If that is not possible, he said the positions
should represent a balance between the two sides and the
rumored candidates, Switzerland and Antigua-Barbuda, in the
GOJ's view, would be good choices.


5. (C) Regarding the SWG Chair, Yamashita said Alvaro de
Soto has done a good job and should remain in that position
for another year. The lack of progress within the SWG is not
de Soto's fault, Yamashita said, and he then put the blame on

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the Australian government's extreme position. Nevertheless,
de Soto, he said, had created a "good atmosphere" at the SWG
meetings.


6. (C) Yamashita reiterated the previous GOJ request for the
USG to look into the tax exempt status of the Sea Shepherd
Conservation Society (ref B). He said the problem of the Sea
Shepherd must be solved before Japan can make progress in the
IWC negotiations. Drawing on points OES provided, EMIN
replied the tax status of the Sea Shepherd is a legal issue
and the Japanese Embassy in Washington should talk to the
Internal Revenue Service.
ZUMWALT