U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

89–010 

" ! SENATE 115TH CONGRESS

2d Session 

REPORT

2018

115–425 

Calendar No. 728 

WHALING CONVENTION AMENDMENTS ACT 

OF 2018 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 2369 

DECEMBER 11, 2018.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED FIFTEENTH CONGRESS

SECOND SESSION

JOHN THUNE, South Dakota, Chairman 

ROGER F. WICKER, Mississippi BILL NELSON, Florida 

ROY BLUNT, Missouri MARIA CANTWELL, Washington 

TED CRUZ, Texas AMY KLOBUCHAR, Minnesota 

DEB FISCHER, Nebraska RICHARD BLUMENTHAL, Connecticut 

JERRY MORAN, Kansas BRIAN SCHATZ, Hawaii 

DAN SULLIVAN, Alaska EDWARD J. MARKEY, Massachusetts 

DEAN HELLER, Nevada TOM UDALL, New Mexico 

JAMES M. INHOFE, Oklahoma GARY C. PETERS, Michigan 

MIKE LEE, Utah TAMMY BALDWIN, Wisconsin 

RON JOHNSON, Wisconsin TAMMY DUCKWORTH, Illinois 

SHELLEY MOORE CAPITO, West Virginia MARGARET WOOD HASSAN, New Hampshire 

CORY GARDNER, Colorado CATHERINE CORTEZ MASTO, Nevada 

TODD C. YOUNG, Indiana JON TESTER, Montana 

NICK ROSSI, Staff Director 

CRYSTAL TULLY, Deputy Staff Director 

JASON VAN BEEK, General Counsel 

KIM LIPSKY, Democratic Staff Director 

CHRISTOPHER DAY, Democratic Deputy Staff Director 


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1 16 U.S.C. §916 et seq. 

Calendar No. 728 

115TH CONGRESS REPORT " ! SENATE 2d Session 115–425 

WHALING CONVENTION AMENDMENTS ACT OF 2018 

DECEMBER 11, 2018.—Ordered to be printed 

Mr. THUNE, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 2369] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 2369) to authorize aboriginal subsistence whaling pursuant to the regulations of the International 

Whaling Commission, and for other purposes, having considered 

the same, reports favorably thereon without amendment and recommends that the bill do pass. 

PURPOSE OF THE BILL

The purpose of S. 2369 is to amend the Whaling Convention Act 

of 1949 1 to allow Alaska Native subsistence whaling. It would require the Secretary of Commerce (Secretary) to act if the International Whaling Commission (IWC) fails to give Alaska Natives 

any whaling quota. In absence of action by the IWC, the Secretary 

would be required to establish catch limits for any given year, according to all limits and regulations of the IWC, and issue any regulations necessary to implement this Act within 3 years of its enactment. 

BACKGROUND AND NEEDS

Subsistence hunting is an important way of life for indigenous 

communities including those in northern and western Alaska and 

Washington. Alaska State laws define subsistence hunting and 

fishing as the noncommercial customary and traditional uses of 


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2 16 U.S.C. §1361 et seq. 

3 16 U.S.C. §1371. 

fish and wildlife, to include such things as follows: food, sharing, 

construction materials, fuel, clothing, tools, transportation, and 

handicrafts. In addition to ensuring a critical source of food, whaling rights are extremely important to many Native American 

groups because they support cultural traditions, provide economic 

benefits, and help to maintain a sense of identity. 

THE MARINE MAMMAL PROTECTION ACT

The Marine Mammal Protection Act of 1972 (MMPA) 2 was enacted in response to growing concerns among scientists and the 

general public about the health and population size of various marine mammal species. A signature piece of the MMPA was the establishment of a moratorium on the taking (defined as hunting, 

harassing, capturing, or killing, or attempting to do so) of marine 

mammals in U.S. waters. That Act authorized the Secretaries of 

Commerce and the Interior to issue permits for the taking of marine mammals for certain purposes. The MMPA shifted all marine 

mammal management authority to the Federal Government, dividing the species among the National Oceanic and Atmospheric Administration (NOAA) and the Fish and Wildlife Service (FWS), 

with all whales managed by NOAA. 

The moratorium on taking of marine mammals generally does 

not apply to Alaska or Washington Natives, as section 101 of the 

MMPA 3 contains provisions allowing for the taking of marine 

mammals for subsistence use. However, the Secretaries of Commerce and the Interior may regulate the taking of a depleted species or stock, regardless of the purpose for which it is taken. 

THE INTERNATIONAL WHALING COMMISSION

The IWC is an inter-governmental organization established 

under the 1946 International Convention for the Regulation of 

Whaling (Convention) to provide proper conservation of whale 

stocks and manage whaling. The IWC consists of 88 member governments from countries all over the world. There are specific 

measures that the IWC has collectively decided are necessary to 

regulate whaling and conserve whale stocks. These specific measures are an integral part of the Convention. Uncertainty over 

whale stocks in 1986 led to a moratorium on commercial whaling. 

This moratorium remains in place, although the IWC continues to 

set catch limits for aboriginal subsistence whaling and research. 

Alaska Natives have been hunting bowhead whales for traditional subsistence purposes for thousands of years. This right is 

protected under the MMPA and by the IWC, and hunting is allowed for registered members of the Alaska Eskimo Whaling Commission. The total allowable harvest quota for bowhead whales is 

determined by the IWC. The IWC bases this quota on the following: (1) the nutritional and cultural needs of Alaska Natives; 

and (2) the size and growth of the bowhead population. This harvest is reviewed every year and the quota is generally set in 5-year 

increments. The currently approved quota covers the years 2013 

through 2018, and allows Alaskan and Chukotkan whalers to land 

up to 336 whales over this 5-year period. The IWC adopted an 


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automatic renewal to reauthorize quotas for Alaska Natives in September 2018, so long as harvests remain scientifically sustainable. 

Alaska Eskimos are prohibited from taking either bowhead 

calves or whales accompanied by calves. And only licensed ship 

captains or crew may engage in whaling. In addition to harpoons, 

rifles may be used to expedite the kill. The Alaska Eskimo Whaling 

Commission established a weapons improvement program, which 

has both improved the hunting efficiency and well as provided a 

more humane method. The whole process usually involves the entire village, and the whale is shared extensively within the Eskimo 

community. The meat, fat, baleen, and bone are distributed 

throughout the village. 

Though the IWC has always granted the United States’ request 

for an Alaska Natives quota, subsistence quotas have been a point 

of contention. In 2012, no quota was given to Greenland for subsistence purposes for the 2013–2018 seasons, despite a request that 

was consistent with the IWC’s Scientific Committee. As a result, 

Greenland set its own quota. S. 2369 would provide a similar mechanism for the United States to set its own quota if the IWC fails 

to approve a request. 

SUMMARY OF PROVISIONS

If enacted, S. 2369, the Whaling Convention Amendments Act of 

2018 would do the following: 

• Require the Secretary of Commerce to establish sustainable 

catch limits for the Alaska Native aboriginal subsistence 

hunt for any year if the IWC has not adopted catch limits 

for that year. 

• Require the Secretary to issue any regulations necessary to 

implement these actions within 3 years. 

• Direct the Secretary to review and update the regulations as 

needed, at least once every 5 years. 

LEGISLATIVE HISTORY

S. 2369, the Whaling Convention Amendments Act of 2018, was 

introduced on February 8, 2018, by Senator Sullivan (for himself 

and Senators Murkowski and Whitehouse) and was referred to the 

Committee on Commerce, Science, and Transportation of the Senate. On April 25, 2018, the Committee met in open Executive Session and by voice vote ordered S. 2369 reported favorably without 

amendment. 

On February 15, 2018, a companion bill, H.R. 5064, the Whaling 

Convention Amendments Act of 2018, was introduced by Representative Young and was referred to the Committee on Foreign 

Affairs of the House of Representatives. 

On June 5, 2012, in anticipation of that year’s upcoming IWC 

meeting, S. 3262, the Whaling Convention Amendments Act of 

2012, was introduced by Senator Begich (for himself and Senator 

Murkowski) and was referred to the Committee on Commerce, 

Science, and Transportation of the Senate. A similar companion 

bill, H.R. 5898, the Whaling Convention Amendments Act of 2012, 

was also introduced on June 5, 2012, by Representative Young and 

was referred to the Committee on Foreign Affairs of the House of 

Representatives. 


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On October 31, 2017, the Committee on Commerce, Science, and 

Transportation of the Senate held a hearing on subsistence issues 

entitled ‘‘Exploring Native American Subsistence Rights and International Treaties.’’ On April 25, 2018, the Committee held a hearing on the MMPA entitled ‘‘Enhancing the Marine Mammal Protection Act.’’ 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 

S. 2369—Whaling Convention Amendments Act of 2018 

S. 2369 would amend the Whaling Convention Act of 1949 to authorize the Secretary of Commerce to set catch limits for subsistence whaling by Alaska Natives in any year for which the Secretary determines that the International Whaling Commission 

(IWC) has not adopted such limits. To ensure sustainability of the 

whale population, any catch limit would be set on the basis of the 

IWC’s most recent stock assessment. The bill also would require 

the National Oceanic and Atmospheric Administration (NOAA) to 

issue regulations for implementing the bill. 

According to NOAA, the bill would mostly codify current policies 

and practices for the process of setting limits on subsistence whaling. Therefore, CBO estimates that implementing S. 2369 would 

have no significant effect on federal spending. 

Enacting S. 2369 would not affect direct spending or revenues; 

therefore, pay-as-you-go procedures do not apply. 

CBO estimates that enacting S. 2369 would not increase net direct spending or on-budget deficits in any of the four consecutive 

10-year periods beginning in 2029. 

S. 2369 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act. 

The CBO staff contact for this estimate is Robert Reese. The estimate was reviewed by H. Samuel Papenfuss, Deputy Assistant Director for Budget Analysis. 

REGULATORY IMPACT STATEMENT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

NUMBER OF PERSONS COVERED

S. 2369, as reported, would not create any new programs or impose any new regulatory requirements. Therefore, it would not subject any individuals or businesses to new regulations. 

ECONOMIC IMPACT

Enactment of this legislation is not expected to have a negative 

impact on the Nation’s economy. 


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PRIVACY

The reported bill is not expected to impact the personal privacy 

of individuals. 

PAPERWORK

S. 2369 would not create increases in paperwork burdens if enacted. 

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee provides that no provisions 

contained in the bill, as reported, meet the definition of congressionally directed spending items under the rule. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title. 

This section would provide that the bill may be cited as the 

‘‘Whaling Convention Amendments Act of 2018.’’ 

Section 2. Amendment of the Whaling Convention Act of 1949. 

This section would amend the Whaling Convention Act of 1949 

by allowing the Secretary of Commerce to authorize aboriginal subsistence whaling according to the regulations of the IWC. This 

would include establishing catch limits for any given year if the 

IWC has not adopted such applicable catch limits for that year, according to all limits and regulations of the IWC. 

Section 3. Implementing regulations. 

This section would require the Secretary to issue any regulations 

necessary to implement this Act within 3 years of its enactment. 

In addition, the Secretary would be required to review and update 

the regulations as needed, and at least once every 5 years. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill, as 

reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new material is printed in italic, existing law in which no change is proposed is shown in roman): 

WHALING CONVENTION ACT OF 1949 

[16 U.S.C. 916 et seq.] 

SEC. 6A. ABORIGINAL SUBSISTENCE WHALING. 

(a) IN GENERAL.—The Secretary of Commerce, or such officer as 

may be designated by the Secretary, shall authorize aboriginal subsistence whaling pursuant to paragraph 13 of the regulations of the 

Commission (or any successor to such paragraph), if such whaling— 

(1) is for subsistence purposes (including the sale of authentic 

native articles of handicrafts and clothing); 

(2) does not include the striking, taking, or killing of calves 

or any whale accompanied by a calf; and 


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(3) is not accomplished in a wasteful manner. 

(b) CATCH LIMIT.— (1) REQUIREMENT TO ESTABLISH.—The Secretary of Commerce 

shall establish catch limits for the Alaska Native aboriginal 

subsistence whale hunt for any year, if the Secretary determines 

that— 

(A) the Commission has failed to adopt catch limits applicable to the hunt for such year; and 

(B) the biological status of the affected stock is such that, 

based on the most recent review of the status of such stock 

by the Scientific Committee of the Commission, the aboriginal subsistence needs statement submitted by the United 

States to the Commission of that year is sustainable. 

(2) LIMITATION.—The catch limits established by the Secretary under paragraph (1) shall satisfy the Alaska Native subsistence needs described in a statement submitted by the United 

States to the Commission, and shall include carryover at the 

level accepted by the Scientific Committee of the Commission in 

its most recent review of the subsistence whaling quota. 

(3) CONSTRUCTION.—Nothing in paragraph (1) relieves the 

United States Commissioner of the Commissioner’s obligation to 

continue seeking adoption by the Commission, pursuant to the 

paragraph 13 of the regulations of the Commission (or any successor to such paragraph that permits aboriginal subsistence 

whaling), of catch limits that provide for Alaska Native aboriginal subsistence needs. 

Æ 


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