During 1982, an issue arose related to the effect of 

 inclusion of sperm whales on Appendix I of the Convention. 

 On 22 March 1982, the Convention's Executive Secretary 

 notified the parties of Portugal's intention to export sperm 

 whale oil taken in Madeira and the Azores. Portugal, which 

 became party to the Convention on 11 March 1981, declared 

 that the oil stocks were produced prior to 6 June 1981, 

 that is, prior to inclusion of the sperm whale on Appendix I 

 and that they were therefore entitled to the "pre-Convention 

 exemption. " 



Based upon a review of the information and consultation 

 with Fish and Wildlife Service personnel, the Commission 

 wrote the Service on 16 August 1982 suggesting that the 

 United States should express reservations about the legality 

 of the proposed export under the Convention, identify the 

 issues for consideration and resolution at the forthcoming 

 meeting of parties to the Convention in April 1983, and 

 review Portugal's sperm whaling activities in consultation 

 with the National Marine Fisheries Service and the 

 Department of State for possible certification under the 

 Pelly and Packwood-Magnuson Amendments. The Commission 

 noted that it appears that Portugal's sperm whaling 

 activities have exceeded the International Whaling 

 Commission's quotas for 1980 through 1982 and that its 

 continued whaling will certainly exceed the zero quota 

 set by the International Whaling Commission for 1983. 



The Service concurred with the Commission's suggestions 

 and, by letter of 29 September 1982, advised the Executive 

 Secretary of the Convention of the United States' concerns 

 and took steps to ensure that the issue will be considered 

 at the next meeting of the parties. 



The Commission will consult with the Fish and Wildlife 

 Service, the National Marine Fisheries Service, and others 

 during 1983 concerning this and other matters relating to 

 the Convention on International Trade in Endangered Species 

 of Wild Fauna and Flora. 



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