I 

115TH CONGRESS 

2D SESSION H. R. 5064 

To authorize aboriginal subsistence whaling pursuant to the regulations of 

the International Whaling Commission and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 15, 2018 

Mr. YOUNG of Alaska introduced the following bill; which was referred to the 

Committee on Foreign Affairs 

A BILL 

To authorize aboriginal subsistence whaling pursuant to the 

regulations of the International Whaling Commission and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Whaling Convention 

5 Amendments Act of 2018’’. 

6 SEC. 2. AMENDMENT OF THE WHALING CONVENTION ACT 

7 OF 194. 

8 (a) ABORIGINAL SUBSISTENCE WHALING.—The 

9 Whaling Convention Act of 1949 (16 U.S.C. 916 et seq.) 

10 is amended by inserting after section 6 the following: 


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1 ‘‘SEC. 6A. ABORIGINAL SUBSISTENCE WHALING. 

2 ‘‘(a) IN GENERAL.—The Secretary of Commerce, or 

3 such officer as may be designated by the Secretary, shall 

4 authorize aboriginal subsistence whaling pursuant to para5 graph 13 of the regulations of the Commission (or any 

6 successor to such paragraph), if such whaling— 

7 ‘‘(1) is for subsistence purposes (including the 

8 sale of authentic native articles of handicrafts and 

9 clothing); 

10 ‘‘(2) does not include the striking, taking, or 

11 killing of calves or any whale accompanied by a calf; 

12 and 

13 ‘‘(3) is not accomplished in a wasteful manner. 

14 ‘‘(b) CATCH LIMIT.— 

15 ‘‘(1) REQUIREMENT TO ESTABLISH.—The Sec16 retary of Commerce shall establish catch limits for 

17 the Alaska Native aboriginal subsistence whale hunt 

18 for any year, if the Secretary determines that— 

19 ‘‘(A) the Commission has failed to adopt 

20 catch limits applicable to the hunt for such 

21 year; and 

22 ‘‘(B) the biological status of the affected 

23 stock is such that, based on the most recent re24 view of the status of such stock by the Sci25 entific Committee of the Commission, the ab26 original subsistence needs statement submitted 


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1 by the United States to the Commission of that 

2 year is sustainable. 

3 ‘‘(2) LIMITATION.—The catch limits established 

4 by the Secretary under paragraph (1) shall satisfy 

5 the Alaska Native subsistence needs described in a 

6 statement submitted by the United States to the 

7 Commission, and shall include carryover at the level 

8 accepted by the Scientific Committee of the Commis9 sion in its most recent review of the subsistence 

10 whaling quota. 

11 ‘‘(3) CONSTRUCTION.—Nothing in paragraph 

12 (1) relieves the United States Commissioner of the 

13 Commissioner’s obligation to continue seeking adop14 tion by the Commission, pursuant to the paragraph 

15 13 of the regulations of the Commission (or any suc16 cessor to such paragraph that permits aboriginal 

17 subsistence whaling), of catch limits that provide for 

18 Alaska Native aboriginal subsistence needs.’’. 

19 (b) WAIVER OF ENVIRONMENTAL REVIEW.—The 

20 Whaling Convention Act of 1949 (16 U.S.C. 916 et seq.), 

21 as amended by subsection (a), is further amended by add22 ing at the end the following: 

23 ‘‘SEC. 17. WAIVER OF ENVIRONMENTAL REVIEW. 

24 ‘‘An action taken under this Act, with respect to a 

25 stock of a whale species, shall be deemed not to require 


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1 any review under the National Environmental Policy Act 

2 of 1969 (42 U.S.C. 4321 et seq.) if the Secretary deter3 mines such action is sustainable based on the most recent 

4 review of the status of such stock by the Scientific Com5 mittee of the Commission.’’. 

6 SEC. 3. IMPLEMENTING REGULATIONS. 

7 (a) IN GENERAL.—Not later than 3 years after the 

8 date of enactment of this Act, the Secretary of Commerce 

9 shall issue any regulations necessary to implement section 

10 6A of the Whaling Convention Act of 1949, as added by 

11 section 2(a). 

12 (b) REVIEW AND UPDATES.—The Secretary of Com13 merce shall review and update the regulations required by 

14 subsection (a) as needed, and at least once every 5 years, 

15 after the date on which the Secretary of Commerce issues 

16 the regulations as a final rule. 

Æ 


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