VZCZCXRO7057
OO RUEHFK RUEHKSO RUEHNH
DE RUEHKO #0322 0410855
ZNY CCCCC ZZH
O 100855Z FEB 09
FM AMEMBASSY TOKYO
TO RUEHC/SECSTATE WASHDC IMMEDIATE 0701
INFO RUEHBY/AMEMBASSY CANBERRA PRIORITY 3023
RUEHTC/AMEMBASSY THE HAGUE PRIORITY 1090
RUEHFK/AMCONSUL FUKUOKA PRIORITY 2376
RUEHNH/AMCONSUL NAHA PRIORITY 4720
RUEHOK/AMCONSUL OSAKA KOBE PRIORITY 6163
RUEHKSO/AMCONSUL SAPPORO PRIORITY 2929
RHMFISS/FBI WASHDC PRIORITY
RUCPDC/NOAA NMFS WASHINGTON DC PRIORITY

C O N F I D E N T I A L TOKYO 000322 
 
SIPDIS 
 
STATE FOR EAP/J AND OES/OA - MHAYES/LPHELPS 
USDOC FOR NOAA/NMFS - CMCCARTY AND RWULFF 
FBI FOR COUNTERTERRORISM DIVISION ATTN: DOMESTIC TERRORISM 
OPERATIONS UNIT (DTOU) 
 
E.O. 12958: DECL: 02/09/2019 
TAGS: SENV EFIS IWC PREL JA
SUBJECT: WHALING: JAPAN ASKS USG TO EXAMINE TAX EXEMPT 
STATUS OF ANTI-WHALING NGO 
 
Classified By: Economic Minister Counselor Robert F. Cekuta, reasons 1. 
4 (b) and (d) 
 
¶1.  (U) Please see action request contained in para 5. 
 
¶2.  (C) Fisheries Agency of Japan Director General Shuji 
Yamada called in EMIN Feb. 10 to raise the recent incident in 
which a Sea Shepherd Conservation Society (SSCS) vessel 
allegedly collided with a Japanese research whaling vessel in 
the Southern Ocean and to request USG action against the 
SSCS.  Japanese officials had called in the Dutch Ambassador 
and the Australian DCM in the last few days as well to seek 
action against SSCS.  (Note: the SSCS's vessel "Steve Irwin" 
is registered in the Netherlands and has been resupplied and 
fueled at Australian ports; SSCS is an NGO registered in the 
U.S.  End note.)  ESTHoffs also participated in the Feb. 10 
meeting. 
 
¶3.  (C)  Yamada began the discussion by showing two short 
videos of the collision between the "Steve Irwin" and the 
Japanese catcher ship the "Yushin Maru 2" February 6.  Yamada 
said the protesters also threw bottles containing an acid 
onto the Japanese ship and attempted to foul its propellers. 
Yamada also provided prints of photos he said were taken 
during the incident.  Drawing from prepared points, Yamada 
called the incident "a premeditated collision" and "a crime," 
something which had threatened the lives and well-being of 
the crew members on the Japanese vessel.  Japan, he 
continued, is conducting research whaling according to the 
terms of international conventions.  He noted as well the 
USG's participation in the International Whaling Commission's 
consensus resolutions condemning this sort of activity by 
anti-whaling groups.  Against this background, he said the 
GOJ finds it inappropriate that the U.S. grants the Sea 
Shepherd Conservation Society tax exempt status and asked 
that the USG take appropriate legal measures. 
 
¶4.  (C) EMIN utilized points sent by the Department noting 
the USG is concerned about the violent incidents and the USG, 
including appropriate law enforcement authorities, will 
cooperate with the GOJ; that the USG considers safety at sea 
a serious matter and does not condone action that would 
intentionally jeopardize the crew or safety of the vessel. 
Per the points sent by the Department, he pointed to U.S. 
support for action taken in the International Maritime 
Organization and the IWC in this regard and that while the 
U.S. is opposed to Japan's lethal research whaling program, 
we believe the appropriate way to resolve these differences 
is through the International Whaling Commission.  He agreed 
to report on the meeting and convey the materials Yamada 
provided and the GOJ's request regarding the tax exempt 
status of the SSCS back to the concerned USG agencies. 
 
¶5.  (C) Action Request - Post would appreciate points to use 
in response to the GOJ's questions about SSCS' tax exempt 
status and whether and under what circumstances it might be 
reviewed.  Post is scanning the photos Yamada provided and 
e-mailing them to EAP/J (Dresser) and OES/OA (Phelps).  We 
also asked for a copy of the video clips Yamada showed and 
will transmit them back as well as soon as they are received. 
ZUMWALT