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Keywords

regulationobjectionlegislative intent
willcomplianceregulationeconomic sanctions

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Japan Whaling Ass’n v. American Cetacean Soc., 478 U.S. 221, 106 S.Ct. 2860, 92 L.Ed.2d 166, 54 USLW 4929, 16 Envtl. L. Rep. 20,742

Facts

The International Convention for the Regulation of Whaling (ICRW) established quotas for whale harvesting, which Japan exceeded while filing objections to these limits. In 1984, Japan and the United States entered an executive agreement where Japan pledged to adhere to certain harvest limits and cease commercial whaling by 1988. The Secretary of Commerce decided not to certify Japan under the Pelly and Packwood Amendments, leading wildlife conservation groups to file suit, arguing that any taking of whales in excess of IWC quotas diminished the effectiveness of the ICRW.

The International Convention for the Regulation of Whaling (ICRW) included a Schedule regulating whale harvesting practices of member nations (including the United States and Japan) and setting harvest limits for various whale species.

Issue

Did the Secretary of Commerce have a statutory duty to certify Japan's whaling practices as diminishing the effectiveness of the International Convention for the Regulation of Whaling under the Pelly and Packwood Amendments?

The political question doctrine does not bar judicial resolution of the instant controversy.

Rule

The Pelly and Packwood Amendments do not require the Secretary to certify a nation for failing to comply with IWC quotas unless it is determined that such actions diminish the effectiveness of the ICRW.

Neither the Pelly Amendment nor the Packwood Amendment required the Secretary to certify Japan for refusing to abide by the IWC whaling quotas.

Analysis

The Supreme Court found that the Secretary's decision not to certify Japan was a reasonable interpretation of the Amendments. The court noted that the statutory language did not mandate certification for every violation of IWC quotas and that the Secretary had discretion in determining whether Japan's actions diminished the effectiveness of the ICRW. The court emphasized that the Secretary's interpretation aligned with the legislative intent behind the Amendments.

The Secretary, of course, may not act contrary to the will of Congress when exercised within the bounds of the Constitution.

Conclusion

The Supreme Court reversed the lower court's ruling, concluding that the Secretary of Commerce was not required to certify Japan's whaling practices under the Pelly and Packwood Amendments.

Reversed.

Who won?

The Secretary of Commerce prevailed in the case, as the Supreme Court ruled that he had discretion in certifying foreign nations under the Pelly and Packwood Amendments and was not obligated to certify Japan.

The Secretary's decision to secure certainty of Japan's future compliance with the IWC's program through the 1984 executive agreement, rather than to rely on the possibility that certification and imposition of economic sanctions would produce the same or a better result, is a reasonable construction of the Amendments.

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