II 

110TH CONGRESS 

2D SESSION S. 3333 

To amend the Whaling Convention Act so that it expressly applies to aboriginal subsistence whaling, and in particular, authorizes the Secretary of 

Commerce to set bowhead whale catch limits in the event that the 

IWC fails to adopt such limits. 

IN THE SENATE OF THE UNITED STATES 

JULY 24 (legislative day, JULY 23), 2008 

Mr. STEVENS (for himself and Ms. MURKOWSKI) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To amend the Whaling Convention Act so that it expressly 

applies to aboriginal subsistence whaling, and in particular, authorizes the Secretary of Commerce to set 

bowhead whale catch limits in the event that the IWC 

fails to adopt such limits. 

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 2008’’. 


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•S 3333 IS 

1 SEC. 2. AMENDMENT OF WHALING CONVENTION ACT. 

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

3 et seq.) is amended by adding at the end thereof the fol4 lowing: 

5 ‘‘SEC. 15. ABORIGINAL SUBSISTENCE WHALING. 

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

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

8 authorize aboriginal subsistence whaling pursuant to para9 graph 13 of the regulations of the Commission (or any 

10 successor to such paragraph), if such whaling— 

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

12 sale of authentic native articles of handicrafts and 

13 clothing); 

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

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

16 and 

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

18 ‘‘(b) CATCH LIMITS FOR BOWHEAD WHALES.— 

19 ‘‘(1) The Secretary of Commerce shall establish 

20 catch limits for the Alaska Native aboriginal subsist21 ence hunt of bowhead whales for any year or set of 

22 years, if the Secretary determines that— 

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

24 catch limits applicable to the hunt for such year 

25 or set of years; and 


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

2 bowhead stock or stocks is such that, based on 

3 the most recent review of the status of such 

4 stock or stocks by the Scientific Committee of 

5 the Commission, the aboriginal subsistence 

6 needs request submitted by the United States 

7 to the Commission for that year or set of years 

8 is sustainable. 

9 ‘‘(2) The catch limits established by the Sec10 retary under paragraph (1) shall not exceed the ab11 original subsistence needs request submitted by the 

12 United States to the Commission. 

13 ‘‘(3) Nothing in paragraph (1) relieves the 

14 United States Commissioner of his or her obligation 

15 to continue seeking approval from the Commission 

16 of catch limits that provide for Alaska Native ab17 original subsistence need for bowhead whales.’’. 

18 SEC. 3. IMPLEMENTING REGULATIONS. 

19 The Secretary of Commerce shall issue any regula20 tions necessary to implement section 15 of the Whaling 

21 Convention Act of 1949, as added by section 2, no later 

22 than 3 years after the date of enactment of this Act. The 

23 Secretary shall review and update such regulations as 


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1 needed at least once every 5 years after the date on which 

2 the Secretary issues the regulations as a final rule. 

Æ 


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