VZCZCXRO7374
PP RUEHHM RUEHPB RUEHTM
DE RUEHKO #2193/01 2232250
ZNY CCCCC ZZH
P 102250Z AUG 08
FM AMEMBASSY TOKYO
TO RUEHC/SECSTATE WASHDC PRIORITY 6470
INFO RUEHZN/ENVIRONMENT SCIENCE AND TECHNOLOGY COLLECTIVE PRIORITY
RUCPDOC/DEPT OF COMMERCE WASHINGTON DC PRIORITY

C O N F I D E N T I A L SECTION 01 OF 02 TOKYO 002193 
 
SIPDIS 
 
STATE FOR D, G AND OES/OA - MHAYES/JFIELD AND EAP/J 
USDOC FOR NOAA/NMFS - CMCCARTY 
 
E.O. 12958: DECL: 08/05/2018 
TAGS: SENV IWC SENV EFIS PGOV JA
SUBJECT: WHALING COMMISSION CHAIR DISCUSSES UPCOMING IWC 
WORKING GROUP WITH JAPAN 
 
REF: STATE 77622 
 
Classified By: Ambassador J. Thomas Schieffer, reasons 1.4 b and d 
 
¶1.  (C) Summary: Chairman of the International Whaling 
Commission (IWC) Dr. William Hogarth and Japanese Alternate 
Commissioner to the IWC Akira Nakamae discussed outreach to 
key IWC members, how the IWC Working Group meeting should 
proceed, and other whaling issues in Tokyo August 5.  The 
Japanese side also outlined its proposal for a "Safety Net" 
organization to manage whaling in the event the IWC remains 
deadlocked.  Nakamae said Japan is committed to working with 
Dr. Hogarth to come up with a package of reforms to break the 
impasse in the IWC.  Nakamae also said as long as the IWC 
reform process continues, Japan will refrain from taking 
humpback whales.  End summary. 
 
¶2.  (C) Chairman of the International Whaling Commission 
(IWC) Dr. William Hogarth met Japanese Alternate Commissioner 
to the IWC Akira Nakamae August 5 in Tokyo to discuss the 
September IWC Working Group meeting and the process of 
breaking the impasse in the IWC.  (Note: While Minoru 
Morimoto is Japanese Commissioner to the IWC and IWC 
Co-Chair, Nakamae is the de facto head of Japan's whaling 
team.  End note.)  Nakamae said Japan is committed to 
supporting the initiative to end the impasse and praised the 
IWC for progress in establishing the working group format at 
the IWC meeting in June in Santiago.  "Normalizing" the IWC 
requires substantial effort, he said, but after Santiago he 
felt most IWC members thought it was essential. 
 
Outreach to Key IWC Members 
--------------------------- 
 
¶3.  (C) Nakamae said the success or failure of the initiative 
depends on the cooperation of the EU and the Buenos Aires 
group.  He added the Buenos Aires group will be easier to 
manage because of its clear goal (a whale sanctuary in the 
South Atlantic).  However, he sees some dissent within the EU 
based on individual countries' reaction during the vote at 
the Santiago IWC meeting on Greenland's proposal to take 
humpback whales.  Japan will engage EU countries bilaterally, 
with a focus on Sweden, the Netherlands, and Spain.  Japan 
will reach out ot Switzerland as well as these EU members. 
Nakamae said he will also have bilateral meetings with Chile 
in October and that FAJ Counselor Joji Morishita will visit 
Palau.  Dr. Hogarth said he would talk to the Czech Republic, 
which will hold the EU Presidency during the Madeira IWC 
meeting in 2009. 
 
¶4.  (C) Dr. Hogarth said he was concerned that the UK 
withdrew from the Working Group.  He said New Zealand was 
working to get an agreement, with the taking of humpbacks in 
the Southern Ocean its key issue and one on which it may have 
substantial support.  Nakamae said dealing with Australia and 
the UK is critical.  He outlined two approaches: 1) consider 
their positions and try for a "soft landing," or 2) eliminate 
the countries with extreme views and work with the remaining 
IWC members, which would constitute a three-quarters 
majority. 
 
Working Group Process 
--------------------- 
 
¶5.  (C) Regarding how to proceed with the Working Group 
meeting in September, Dr. Hogarth said delegates must agree 
on clusters for the 33 issues within the first day and a half 
of the meeting.  Nakamae replied the Working Group is no 
longer small and with 26 countries it will be difficult to 
have a discussion.  He suggested the "Core Group" approach 
(U.S., Japan, New Zealand, Chile, Sweden, South Africa and 
Palau) should be carried over from the Santiago IWC meeting. 
Nakamae said Japan could share with the Core Group the 
position paper on IWC reforms he had given Dr. Hogarth.  Dr. 
Hogarth suggested the Core Group meet the day before the 
Working Group meeting and agreed Japan's paper was worth 
distributing. 
 
¶6.  (C) Nakamae said if the Working Group could not narrow 
down the 33 items at the September meeting, it may have to 
meet again this year.  Dr. Hogarth suggested having Alvaro de 
Soto, one of the experts who advised participants at the 
March 2008 IWC Intersessional meeting, chair the Working 
Group and develop a draft package to distribute prior to the 
meeting.  Nakamae said after narrowing the 33 items, the Core 
Group or Chair perhaps could present the members with the 
outcome to begin the discussion. 
 
 
TOKYO 00002193  002 OF 002 
 
 
Japan's "Safety Net" Proposal 
----------------------------- 
 
¶7.  (C) Japanese Government consultant Dan Goodman next 
explained Japan's "Safety Net" proposal.  Goodman said Japan 
supports Dr. Hogarth's initiative, but realizes success will 
be difficult.  He said the Safety Net would provide for an 
organization to ensure management of whale stocks in the 
absence of the IWC.  The Safety Net organization would 
balance conservation and management, be science-based, accept 
the precautionary approach and ecosystem management, include 
all cetaceans, not distinguish between commercial and 
aboriginal whaling, and be drafted in a way that only 
countries supporting sustainable use would sign on.  It would 
include a benefit sharing scheme to fund research and 
participation by developing countries.  It would be global, 
with regulations covering international waters, and have 
recommendations on whaling within the EEZs of member 
countries.  He said the next step will be to further 
elaborate the language contained in a draft paper on the 
Safety Net presented at an April symposium in Tokyo, and 
possibly draft treaty language by September. 
 
¶8.  (C) Morishita said the Safety Net concept was moving out 
of Japan's hands and was not Japan's initiative at this 
stage.  He said Calestous Juma, another advisor at the 
Intersessional meeting, commented that a number of concepts 
included in the Safety Net could be part of a package of 
reforms within the IWC.  Morishita added that the Safety Net 
could be a push to IWC reform since it indicates the 
consequences of failure. 
 
Looking Ahead 
------------- 
 
¶9.  (C) Dr. Hogarth briefed Nakamae on the status of S. 3333, 
which would authorize the Secretary of Commerce to set 
bowhead whale catch limits for the Alaska Native aboriginal 
subsistence hunt in the event the IWC fails to adopt such 
limits.  He added  the bill has not gone to mark-up and with 
the heavy workload of budget bills remaining for the 
Congress, he is doubtful it will be acted upon in this 
Congress. 
 
¶10.  (C) Dr. Hogarth then asked if Japan is serious about 
negotiations and willing to make concessions.  Nakamae gave a 
round-about answer in which he said Japan supports Dr. 
Hogarth's initiative, but commented at length on the support 
for whaling among Japan's public and irritation with the 
criticism focused on the country.  He said the interference 
with Japan's whaling fleet operations by the NGO Sea Shepherd 
Conservation Society in March 2008 increased nationalism in 
Japan regarding whaling.  He said the FAJ alone cannot make 
the decisions on whaling )- politicians have a strong 
interest and some politicians say Japan should not compromise 
on research whaling.  However, he believes now is the last 
chance to "normalize" the IWC and promised to consult with 
politicians. 
 
¶11.  (C) Regarding the activities of the Sea Shepherd, Dr. 
Hogarth said the group has a following in the U.S. and other 
countries.  In his opinion, giving attention to the Sea 
Shepherd could make the group stronger.  In particular, 
issuing arrest warrants for American members of the group 
could create opposition in the U.S. to compromise on whaling. 
 Nakamae said Japan has no choice but to act if there is 
evidence of wrongdoing. 
 
¶12.  (C) As to Japan's take of whales in JARPA II, Nakamae 
said Japan did not take any fin whales in 2008 because of 
unfavorable whaling conditions and the fleet's down time due 
to the Sea Shepherd's protest activity.  Regarding humpbacks 
in the 2009 JARPA II, he said Japan would not confirm this 
policy publicly, but as long as the normalization process 
continues, Japan will refrain from taking humpbacks. 
 
¶13.  (U) Dr. Hogarth cleared this cable. 
SCHIEFFER