US embassy cable - 03OTTAWA361

UNCLAS OTTAWA 000361 
 
SIPDIS 
 
DEPARTMENT FOR OES/O (DAS WEST), OES/OA (ARNAUDO AND 
PLE), OES/OMC (BALTON), WHA/CAN (MASON AND RUNNING) 
 
USDOC FOR NOAA AND NMFS 
 
E.O. 12958: N/A 
TAGS: EFIS, PREL, SENV, CA 
SUBJECT: BOWHEAD DEMARCHE DELIVERED: STILL NO MOVEMENT 
 
REFTELS: A) 00 STATE 241728; B) 01 OTTAWA 163; C) 03 
 
STATE 27418 
 
1.  ON FEBRUARY 4, 2003, ESTOFF DELIVERED THE DEMARCHE 
CONTAINED IN REFTEL C, REGARDING THE AUGUST, 10, 2002 
CANADIAN TAKING OF AN EASTERN BOWHEAD WHALE.  THE 
CANADIAN SIDE WAS REPRESENTED BY GLEN LINDER OF THE 
OCEANS LAW DIVISION (JLO) OF THE DEPARTMENT OF FOREIGN 
AFFAIRS AND INTERNATIONAL TRADE AND MICHELLE TOMLINSON- 
WELLS AND BRIAN WONG OF THE DEPARTMENT OF FISHERIES AND 
OCEANS (DFO), PLUS ADDITIONAL DFAIT AND DFO STAFF. ESTOFF 
OPENED BY SUMMARIZING THE POINTS CONTAINED IN REFTEL C, 
WITH A STRESS ON OUR CONCERN THAT HIS WAS THE FIFTH 
TAKING IN EIGHT YEARS FROM AN ENDANGERED AND INADEQUATELY 
UNDERSTOOD STOCK.  HE CONTINUED THAT THE UNITED STATES 
RECOGNIZES THE NEEDS OF INDIGENOUS PEOPLES AND CONTINUES 
TO ENCOURAGE CANADA TO REJOIN THE IWC AND SEEK AN IWC 
APPROVED QUOTA.  FINALLY, HE NOTED THAT PELLY AMENDMENT 
CERTIFICATION OF CANADA REMAINS IN PLACE AND IMPOSES THE 
RESTRICTIONS OUTLINED IN REFTEL C POINTS.  ESTOFF THEN 
PROVIDED THE CANADIAN SIDE A COPY OF THE APPROVED POINTS 
AS A NON-PAPER. 
 
CANADA RESPONDS 
--------------- 
 
2. DFAIT'S LINDER OPENED FOR THE GOC, NOTING THAT AS A 
COUNTRY NOT ENGAGED IN COMMERCIAL WHALING, CANADA SEES NO 
REASON TO RETURN TO THE IWC.  HE CONTINUED THAT VERY 
LIMITED CANADIAN TAKINGS FROM THE EASTERN STOCK ARE 
CAREFULLY MANAGED, DO NOT THREATEN THE STOCK'S HEALTH AND 
ARE PROTECTED CONSTITUTIONAL RIGHTS OF CANADIAN 
INDIGENOUS PEOPLES.  WONG OF DFO SPOKE NEXT, NOTING THAT 
IN FACT THERE HAVE ONLY BEEN FOUR LICENSED TAKINGS IN THE 
PAST EIGHT YEARS.  ONE TAKING WAS ILLEGAL, BUT NO 
PROSECUTION WAS POSSIBLE, ALTHOUGH IT WAS CONSIDERED.  HE 
CONTINUED THAT CANADA CONDUCTS RIGOROUS RESEARCH ON THE 
TWO EASTERN POPULATIONS (BAFFIN ISLAND AND FOXE BASIN) 
AND ASSERTED THAT CANADIAN TAKINGS ARE CONSISTENT NOT 
ONLY WITH A STABLE POPULATION, BUT IN FACT LEAVE ROOM FOR 
GROWTH.  WONG INDICATED THAT THE GOC WOULD PRESENT AN 
UPDATE ON THESE STUDIES AT THE NEXT IWC MEETING IN 
BERLIN.   LINDER CLOSED BY NOTING THAT IT IS HARD TO 
UNDERSTAND WHY THE U.S. WOULD EXPECT CANADA TO REJOIN THE 
IWC AT THIS TIME GIVEN THE "ABUSE" THE U.S. TOOK AT THE 
LAST IWC MEETING OVER U.S. INDIGENOUS WHALING. 
CELLUCCI