VZCZCXRO4960
OO RUEHPT
DE RUEHBY #1099/01 3480724
ZNY CCCCC ZZH
O 140724Z DEC 09
FM AMEMBASSY CANBERRA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 2431
INFO RUEHKO/AMEMBASSY TOKYO 3764
RUEHWL/AMEMBASSY WELLINGTON 0182
RUEHBN/AMCONSUL MELBOURNE 6839
RUEHPT/AMCONSUL PERTH 5103
RUEHDN/AMCONSUL SYDNEY 5108
RUCPDOC/DEPT OF COMMERCE WASHINGTON DC
RHEHNSC/NSC WASHINGTON DC

C O N F I D E N T I A L SECTION 01 OF 02 CANBERRA 001099 
 
NOFORN 
SIPDIS 
 
STATE FOR OES/OA BALTON, PHELPS, L/OES BENES, COMMERCE FOR 
NOAA MEDINA, MCMASTER 
 
E.O. 12958: DECL: 12/15/2019 
TAGS: SENV EFIS PREL AS
SUBJECT: RUDD STEPS UP RHETORIC ON WHALING 
 
REF: CANBERRA 976 
 
Classified By: Political-Economic Counselor Edgard Kagan, Reasons 1.4(b 
)(d). 
 
¶1. (C/NF) Summary:  Australia is growing increasingly 
frustrated with lack of progress on whaling with Japan as the 
Japanese whaling fleet is about to start its annual hunt in 
Antarctic waters.  PM Rudd will raise whaling with Japanese 
PM Hatoyama in response to perceived Japanese escalation of 
the issue last week.  With activists due to confront the 
Japanese scientific whaling fleet this week, public pressure 
on Rudd to take a tough line with Japan is mounting.  The 
lack of substantive concessions by Japan, and a perception 
that Japan and other whaling nations are manipulating the 
Support Group format to slide out from under agreements in 
Santiago have strengthened advocates of legal action against 
Japan in Canberra.   Rudd was careful to highlight diplomatic 
efforts, but if progress stalls, the GOA's ability to sustain 
those efforts through IWC 62 next year will be reduced.  End 
Summary. 
 
RUDD REAFFIRMS LEGAL ACTION OPTION 
---------------------------------- 
 
¶2. (SBU) PM Rudd said on December 10 that Australia was 
pursuing a diplomatic solution to the whaling issue, but that 
if that track failed then Australia would take legal action 
against Japan in the appropriate venue.  While largely 
restating the existing position, Rudd left out mention of 
other options, toughening Australia's public position.   At 
the same time, the Japanese JARPA II whaling fleet is now in 
Southern waters and anti-whaling activists (led by the Sea 
Shepherd Conservation Group) are expected to clash with the 
fleet beginning this week.  Rudd's visit to Japan, while not 
intentionally planned around this event, will come at a time 
when public concerns over whaling are peaking. 
 
¶3. (C/NF) The PM was careful merely to restate Australia's 
current position, according to Scott Dewar, Foreign Policy 
Advisor to the PM.  Dewar acknowledged that such a statement 
from the PM immediately before a trip to Japan sent a strong 
signal.  He stressed that pushing forward with a diplomatic 
approach while holding open the possibility of international 
legal action has been Australia's position for two years 
(i.e. since the PM took office) but that the lack of progress 
or any sign of Japanese flexibility means that the GOA is 
reaching a point where it must either make a decision or 
adopt a new policy.  Noting ongoing discussions at the 
International Whaling Commission, Dewar said that Japan has 
not shown any real sign of agreeing to the kind of reduction 
in numbers that would make it possible for Australia to 
support a deal.  While international legal action carries 
risks, Dewar said that the PM believes the Japanese are 
genuinely worried at the prospect and that raising the 
possibility both publicly and during the PM's December 15 
meeting with Hatoyama strengthens the hand of negotiators. 
 
RUDD WILL RAISE WHALING IN TOKYO 
-------------------------------- 
 
¶4. (C/NF) Environment Minister Peter Garrett's chief of 
staff, David Williams, told econoff that Rudd's comments were 
clearly stating the government's long-held position.  He said 
the remarks were not a hardening of Australia's position but 
showed stiffened resolve in the face of Japanese lack of 
response to diplomatic overtures.   Department of Foreign 
Qresponse to diplomatic overtures.   Department of Foreign 
Affairs and Trade negotiator Paula Watt said the PM's brief 
on whaling for the trip was being substantially revised and 
upgraded.  Watt and Williams both pointed to public 
statements from Japanese FM Okada last week, a refusal to 
discuss the range of a reduction for or reduce whale quotas 
and stalling in recent support group meetings as reasons why 
the PM needed to send this message.  FM Okada's comments, 
particularly on the eve of Rudd's visit, were seen as a slap 
in the face and undermined confidence that Japan is serious 
about making progress on this issue. 
 
¶5. (C/NF) Watt appeared disheartened over the recent support 
group meeting in Seattle.  She said that the Japanese actions 
in the recent IWC and related sub-venue meetings are intended 
to split off anti-whaling countries one by one and isolate 
 
CANBERRA 00001099  002 OF 002 
 
 
Australia.  Recognizing that the risk of escalation with 
Japan was high, Watt said that the timeframe for seeing this 
process through the IWC 62 meetings next year was now 
questionable.   Williams echoed that concern, saying Rudd and 
the government would be under great pressure to take action 
before IWC 62 if diplomacy is seen as a dead end.  Japanese 
unwillingness to signal any concession until late January 
meant that it would be too late to respond if the offer was 
inadequate.  Watt suggested this was intentional strategy, 
and Japan is not preparing a serious response. 
 
¶6. (C/NF) The Sea Shepherd anti-whaling group is now at sea 
with two vessels and expected to encounter the Japanese fleet 
this week.  Both Watt and Williams said that the timing of 
the visit was unfortunate, with Japan likely to harpoon its 
first whale while Rudd is in Tokyo.  Williams said that 
whaling is not the focus of the trip, but Australia will not 
shy away from it and will put it on the agenda.  Watt said 
the GOA believes that activists are planning a significant 
escalation in the Southern Ocean this year, which will 
trigger greater public scrutiny on Australia's diplomatic 
efforts.   Watt said the public focus, combined with 
perceived Japanese escalation, has pushed Rudd into Garrett's 
camp.  Special Envoy Sandy Hollway is being prepped to travel 
to Tokyo in January, Watt said.  Watt also said that as 
progress is unlikely over the holiday season, whaling is an 
issue that may come up in the AUSMIN meetings in mid-January. 
 
CLUNE