II 

115TH CONGRESS 

2D SESSION S. 2369 

To authorize aboriginal subsistence whaling pursuant to the regulations of 

the International Whaling Commission, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 5, 2018 

Mr. SULLIVAN (for himself, Ms. MURKOWSKI, and Mr. WHITEHOUSE) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

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’’. 


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1 SEC. 2. AMENDMENT OF THE WHALING CONVENTION ACT 

2 OF 1949. 

3 The Whaling Convention Act of 1949 (16 U.S.C. 916 

4 et seq.) is amended by inserting after section 6 the fol5 lowing: 

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

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

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

9 authorize aboriginal subsistence whaling pursuant to para10 graph 13 of the regulations of the Commission (or any 

11 successor to such paragraph), if such whaling— 

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

13 sale of authentic native articles of handicrafts and 

14 clothing); 

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

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

17 and 

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

19 ‘‘(b) CATCH LIMIT.— 

20 ‘‘(1) REQUIREMENT TO ESTABLISH.—The Sec21 retary of Commerce shall establish catch limits for 

22 the Alaska Native aboriginal subsistence whale hunt 

23 for any year, if the Secretary determines that— 

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

25 catch limits applicable to the hunt for such 

26 year; and 


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

2 stock is such that, based on the most recent re3 view of the status of such stock by the Sci4 entific Committee of the Commission, the ab5 original subsistence needs statement submitted 

6 by the United States to the Commission of that 

7 year is sustainable. 

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

9 by the Secretary under paragraph (1) shall satisfy 

10 the Alaska Native subsistence needs described in a 

11 statement submitted by the United States to the 

12 Commission, and shall include carryover at the level 

13 accepted by the Scientific Committee of the Commis14 sion in its most recent review of the subsistence 

15 whaling quota. 

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

17 (1) relieves the United States Commissioner of the 

18 Commissioner’s obligation to continue seeking adop19 tion by the Commission, pursuant to the paragraph 

20 13 of the regulations of the Commission (or any suc21 cessor to such paragraph that permits aboriginal 

22 subsistence whaling), of catch limits that provide for 

23 Alaska Native aboriginal subsistence needs.’’. 


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1 SEC. 3. IMPLEMENTING REGULATIONS. 

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

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

4 shall issue any regulations necessary to implement section 

5 6A of the Whaling Convention Act of 1949, as added by 

6 section 2. 

7 (b) REVIEW AND UPDATES.—The Secretary of Com8 merce shall review and update the regulations required by 

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

10 after the date on which the Secretary of Commerce issues 

11 the regulations as a final rule. 

Æ 


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