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C O N F I D E N T I A L SECTION 01 OF 02 CANBERRA 000118 
 
NOFORN 
SIPDIS 
 
DEPARTMENT FOR EAP/J, EAP/ANP, OES/OA BALTON, PHELPS, 
NSC FOR LOI 
COMMERCE PLEASE PASS TO NOAA NMFS MEDINA 
 
E.O. 12958: DECL: 02/21/2020 
TAGS: SENV EFIS PREL AS
SUBJECT: RUDD SAYS ZERO "COMMERCIAL" WHALING IN SOUTHERN 
OCEAN BY NOVEMBER OR ELSE 
 
REF: A. OPS-KAGAN CALL 2/19 
     ¶B. CANBERRA 92 
     ¶C. CANBERRA 55 
     ¶D. 2009 CANBERRA 1099 
 
Classified By: Pol/Econ Counselor Edgard Kagan, Reasons 1.4(b)(d). 
 
¶1. (C/NF) Summary: Australia will initiate legal action if 
Japan does not agree by November to end whaling in the 
Southern Ocean.  PM Rudd announced February 19 that if 
negotiations do not result in a commitment by Japan to reduce 
the number of whales killed in the Southern Ocean by 
"commercial whaling" to zero by November, the Australian 
government will launch legal action against Japan at the 
International Court of Justice. The remarks are much stronger 
than previous statements and substantially raise the stakes 
for IWC negotiations on reducing whaling.  The strong message 
on the eve of Japanese Foreign Minister Okada's February 
20-21 visit to Australia does not appear to leave wiggle room 
for a compromise deal.  Japanese Embassy contacts tell us 
they consider legal action inevitable. End Summary. 
 
¶2. (C/NF) Responding to a question during a live interview on 
February 19, PM Rudd said: "In terms of dealing with the 
challenge of getting rid of commercial whaling in the 
Southern Ocean, and particularly in the Australian Whale 
Sanctuary, we oppose it.  Specifically, what we're putting to 
the Japanese is to take where they are now, which is the 
slaughter of some hundreds of whales each year and reduce 
that to zero.  If we don't get that as a diplomatic 
agreement, let me tell you, we'll be going to the 
International Court of Justice.  If we don't reach a landing 
point with the Japanese diplomatically, that action will 
occur well before the start of the next whaling season, which 
is November."   This constitutes a significant hardening of 
the previous GOA position that Australia would pursue a 
diplomatic track through IWC 62 in 2010 and then consider 
legal action if no diplomatic solution was reached. 
Australia had up to now been careful to leave some room to 
argue that an outcome that significantly reduced, but did not 
fully eliminate, whaling would meet their conditions. 
 
¶3. (C/NF) Pol/Econ Counselor spoke February 19 with PM Rudd's 
Foreign Policy Advisor Scott Dewar to express unhappiness 
that that we had not received any advance notice despite 
assurances as late as February 17 that there would be "no 
suprises" on whaling.  Dewar sidestepped the question, saying 
his previous statements had been clear.  FM Smith's Deputy 
Chief of Staff Andrew Dempster told us that Rudd's comments 
were a purposeful and deliberate statement of Australia's 
position.  Dempster acknowledged that the statement would 
make Japanese FM Okada's visit "interesting."  He also said 
that Australian IWC Commissioner Petrachenko has been trying 
to contact U.S. Commissioner Medina to brief her on this 
policy (this call may have happened but we were unable to 
reach Australian sources who could confirm it).  Dempster 
said Australia would likely not attend the February 22 
meetings in Tokyo and that more detail on the GOA's position 
would be shared in the run-up to that meeting.  Phillip 
Qwould be shared in the run-up to that meeting.  Phillip 
Green, Rudd's Senior Foreign Policy Advisor, told us later 
February 19 that the PM is deeply frustrated with Japan's 
unwillingness to make a serious offer on whaling that would 
adequately address Australia's concerns but is confident that 
any problems with Japan on whaling will not affect the rest 
of the bilateral relationship.  He also committed to a 
detailed readout of the PM's discussions with Okada. 
 
¶4. (C/NF) Pol/Econ Counselor spoke with Japanese DCM Masami 
Kinefuchi on February 19.  Kinefuchi said Japan was surprised 
by Rudd's announcement and that he understood FM Okada would 
address Rudd's statement in his pre-departure press 
availability in Tokyo.  Noting that Okada has surprised many 
within MOFA by his tough stance on whaling, Kinefuchi said 
the Foreign Minister has made clear his growing annoyance 
with Australian complaints about whaling. FM Okada is very 
confident that Tokyo will win a legal challenge and has 
 
CANBERRA 00000118  002 OF 002 
 
 
suggested internally that it would be good for Japan to show 
that its whaling program is on firm legal ground.  Kinefuchi 
said Okada will certainly raise whaling in his February 20 
meeting with Rudd and his February 21 meeting with FM Smith. 
Kinefuchi said the Japanese Ambassador's view is that legal 
action by Australia is inevitable. 
 
¶5. (C/NF) Comment:  Rudd is stating categorically that 
Australia is pursuing a "zero or bust" outcome for the 
Southern Ocean.  It is not clear what remains for Australia 
to do in future negotiations, since any solution that reduces 
but fails to eliminate whaling appears to be unacceptable to 
the GOA.  It also signals that the policy debate between zero 
tolerance on whaling and compromise with whaling countries 
has been settled in favor of taking a hard line in favor of 
conservation.  In the context of a tough election year, this 
stance allows PM Rudd to claim he is fulfilling a 
long-standing campaign promise.  End Comment. 
 
BLEICH