29628 Federal Register / Vol. 61, No. 113 / Tuesday, June 11, 1996 / Rules and Regulations

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

15 CFR Part 902

50 CFR Part 230

[Docket No. 960312069–6153–02; I.D.

022796F]

RIN 0648–AI81

Whaling Provisions; Consolidation and

Revision of Regulations; Collection-ofInformation Approval

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS revises and updates

regulations pertaining to aboriginal

subsistence whaling by removing

outdated provisions, codifying current

practice, incorporating current term

usage, and reorganizing the remaining

provisions to make the whaling

regulations more concise, better

organized and, therefore, easier for the

public to use. In addition, the

regulations broaden the current

mechanism for regulating International

Whaling Commission (IWC) authorized

whaling by the Alaska Eskimo Whaling

Commission (AEWC) and other Native

American groups. This rule also adds a

reference to an approved collection-ofinformation under the Paperwork

Reduction Act (PRA).

EFFECTIVE DATE: July 11, 1996.

ADDRESSES: Copies of the environmental

assessment (EA) prepared for this action

are available from: Chief, Marine

Mammal Division, Office of Protected

Resources, National Marine Fisheries

Service, 1315 East-West Highway, Silver

Spring, MD 20910.

Comments regarding the burden-hour

estimate or any other aspect of the

collection-of-information requirement

contained in this rule should be sent to

the above individual and to the Office

of Information and Regulatory Affairs,

Office of Management and Budget

(OMB), Attention: NOAA Desk Officer,

Washington, D.C. 20503.

FOR FURTHER INFORMATION CONTACT: Dr.

Kevin Chu, (301) 713–2276.

SUPPLEMENTARY INFORMATION:

Background

Consistent with the President’s

Regulatory Reinvention Initiative,

NMFS published a proposed rule on

April 9, 1996 (61 FR 15754) to carry out

the President’s directive with respect to

the regulations implementing the

Whaling Convention Act of 1949 (16

U.S.C. 916 et seq.). This final rule

updates the whaling regulations to be

consistent with current authorities and

usage of terms, eliminates duplicative or

unnecessary text, and reorganizes the

regulations to make the regulations

easier for the public to use and to

reduce the volume and publication costs

of the regulations.

This final rule also replaces outdated

language in the regulations with a

description of current practice (i.e., joint

monitoring and enforcement of harvests

authorized by the IWC) through a

cooperative agreement between NOAA

and a Native American whaling

organization. Government monitoring,

and especially enforcement, has not

been feasible or desirable in the remote

areas in which whaling takes place. The

procedures currently practiced, which

are codified through this final rule, are

considered more reliable and more cost

effective than the outdated procedures

they replace in the regulations.

This final rule also provides a

mechanism for a cooperative agreement

with the Makah Tribe of northwest

Washington State, which has a long

tradition of whaling, for monitoring and

enforcing any IWC-authorized whaling.

This mechanism is similar to the

successful practice with the AEWC.

Additional background and rationale

for these measures may be found in the

preamble to the proposed rule.

Comments and Responses

Three sets of written comments were

received regarding the proposed rule.

All were opposed to its adoption.

Specific comments and responses are

given below:

Comment: All three organizations

making comments opposed allowing the

Makah Tribe to initiate a harvest of gray

whales.

Response: The rule does not in itself

authorize whaling by the Makah Tribe

or by any other Native American

whaling organization. It sets up a

mechanism through which any

aboriginal subsistence whaling would

be managed, provided that the

International Whaling Commission

(IWC) approves a quota for such use. At

its 1996 Annual Meeting, the IWC will

review the questions raised by

commenters, among others, as to the

appropriateness of the Makah request

for a quota of five gray whales. Because

the rule does not authorize whaling

outside the IWC, and does not reflect on

the appropriateness of any whaling

proposal or practice, specific comments

on possible future whaling by the

Makah Tribe are not addressed in this

notice, except where comments

addressed the points in the EA that

accompanied the proposed rule.

Likewise, NMFS took note of comments

that were assertions of differing

viewpoints or conclusions than

reflected in the EA but that did not

provide data to back up the assertion,

but no response is provided here.

Comment: Two organizations objected

to the provision allowing the sale of

native handicrafts from whale products

(§ 230.4(f)).

Response: Under the Marine Mammal

Protection Act (MMPA), Alaska Natives

are allowed to take whales for the

purpose of creating and selling

authentic native articles of handicrafts.

The United States has informed the IWC

of this provision; the IWC has never

declared this practice to be contrary to

the concept of aboriginal subsistence

use. NOAA has provided a letter to the

AEWC acknowledging that the sale of

handicrafts is allowed.

Under the Treaty of Neah Bay, the

Makah Tribe would be allowed to sell

handicrafts made from non-edible whale

parts. This rule thus recognizes the right

of both Native American groups to sell

handicrafts.

Comment: All three commenters felt

that the rule should specify the number

of whales that may be struck.

Response: The IWC does not normally

allocate quotas of whales that may be

struck. The only IWC quota expressed in

terms of strike limits is the U.S. Alaska

bowhead hunt, where ice conditions

substantially increase the chances of

losing a harpooned whale. Any strike

limit allocated by the IWC would be

incorporated into the cooperative

agreement, as is currently the case with

the cooperative agreement between

NOAA and the Alaska Eskimo Whaling

Commission. A cooperative agreement

could also incorporate strike limits,

even if none was set by the IWC.

Comment: There should be no

provision for a cooperative agreement

with Native American whaling

organizations, especially with the

Makah Tribe or any tribe within the

contiguous United States. Commenters

noted that the current part 230 of title

50 of the Code of Federal Regulations

(CFR) requires that Commerce monitor

all aboriginal whaling and to collect all

information directly. These

organizations felt that the proximity and

relatively localized whaling that might

be conducted by the Makah Tribe would

allow for direct oversight by the U.S.

Government.

Response: The cooperative agreement

with the Makah Tribe specifies that U.S.

Government personnel will monitor the

hunt.
Federal Register / Vol. 61, No. 113 / Tuesday, June 11, 1996 / Rules and Regulations 29629

Nothing in any cooperative agreement

for the co-management of whaling

operations relieves the Department of

Commerce of its obligations under the

WCA, the MMPA, the Endangered

Species Act (ESA) or any other statute.

Comment: One organization felt that

arguments supporting replacement of

the current regulations were based on

insufficient support and questionable

assumptions, especially regarding the

statement that Government oversight

would either be unreliable or

excessively expensive. This

organization also expressed concern

over the accuracy of reporting and

success in enforcement of harvests

under joint management with Native

American tribes.

Response: In Alaska, a minimum

requirement of reliable Government

oversight would be placing an

enforcement agent in each of the ten

whaling villages during the whaling

seasons, approximately four months a

year. This level of enforcement would

detract substantially from other

enforcement efforts in Alaska, and could

not guarantee accurate information.

Whaling camps are often miles away

from the villages, and whaling could

still take place without the knowledge

of town-based agents. The only way to

guarantee accurate information would

be to have an enforcement agent at each

whaling camp. This would require the

use of up to 40 enforcement personnel

and would entail large costs for

equipment and supplies as well.

The commenter is correct that there

has been no study which has examined

the accuracy of tribal whaling reporting

or success in enforcement. It would be

difficult to conduct any definitive study

on this matter, since the presence of

outside observers needed to confirm

catch statistics would automatically

change the reporting situation. NMFS

considers it unlikely that whaling

would be able to occur in Neah Bay

without the knowledge of NMFS

officials stationed there (when present)

or other non-Native persons.

Comment: One organization objected

that quotas were not specified in the

rule.

Response: The rule does not set

quotas or authorize whaling outside of

action by the IWC. If the IWC authorizes

an aboriginal subsistence hunt, the

quota will be specified in the

cooperative agreement, as will any

limits on strikes.

Comment: The revised definition of

whaling does not include ‘‘harassment,’’

as it does in the earlier version of 50

CFR part 230.

Response: Regulations concerning

‘‘harassment’’ of whales are covered

elsewhere in the Code of Federal

Regulations, as noted in § 230.1.

Comment: One commenter expressed

concern that sections previously in 50

CFR part 230 under ‘‘Records and

Reports,’’ ‘‘Prohibited Acts,’’ ‘‘Reporting

by Whaling Captains,’’ ‘‘Records’’ and

‘‘Inspection and Enforcement’’ are

omitted in the new rule. The commenter

specifically recommended that a more

thorough examination and

consideration of these sections be made

(possibly by a task force) and evaluated

prior to excluding them from the new

rule.

Response: The above sections and

others that are eliminated from the

previous version of 50 CFR part 230

referred only to commercial whaling.

Many sections had not been amended

for 25 years. Commercial whaling is not

allowed in the United States so there is

no need to keep these archaic

regulations on the books.

Comment: The definition of ‘‘calf’’

should be any offspring still dependent

on behavior and nutrition and in the

physical dependence of a parent female.

Response: The proposed definition of

‘‘calf,’’ i.e., any whale less than 1 year

old, allows for an objective

measurement of whether an infraction

has occurred when a carcass is being

examined. While behavioral aspects and

the presence of a parent female define

a calf from a biological point of view,

these characteristics cannot be used

after the fact to determine whether a calf

was taken. An exception to this is the

presence of milk in the stomach as an

indicator of nursing. Therefore, the

definition of ‘‘calf’’ is amended to read

‘‘any whale less than 1 year old or

having milk in its stomach.’’

Comment: One organization requested

that the term ‘‘person’’ be defined using

IWC criteria of cultural and subsistence

need. The organization specifically felt

that it was not appropriate for U.S.

regulations to allow commercial vessels

and crew to whale on behalf of

aboriginals.

Response: Commercial whaling is

prohibited in the United States. While it

seems unlikely that commercial whaling

vessels or crew would offer to whale on

behalf of U.S. aboriginals or that Native

American whaling organizations would

welcome such an offer, the definitions

in the rule of ‘‘whaling captain’’ and

‘‘whaling crew’’ can be amended to

clarify that whaling is only allowed by

Native Americans. The revised

definitions are as follows:

‘‘Whaling captain or captain means

any Native American who is authorized

by a Native American whaling

organization to be in charge of a vessel

and whaling crew.’’

‘‘Whaling crew means those Native

Americans under the control of a

captain.’’

Comment: The term ‘‘wasteful

manner’’ should include the use and

waste of whale products after landing.

Response: NMFS agrees. The term has

the same meaning as the definition at

§ 216.3: ‘‘Wasteful manner means any

taking or method of taking which is

likely to result in the killing of marine

mammals beyond those needed for

subsistence or for the making of

authentic native articles of handicrafts

and clothing or which results in the

waste of a substantial portion of the

marine mammal and includes, without

limitation, the employment of a method

of taking which is not likely to assure

the capture or killing of a marine

mammal, or which is not immediately

followed by a reasonable effort to

retrieve the marine mammal.’’

Comment: Whaling villages should be

specifically listed, as they are in current

regulations.

Response: The list of U.S. whaling

villages for which the IWC quota is

authorized is available from NMFS.

Comment: The definition of ‘‘whaling

village’’ should be changed to read ‘‘

* * *any U.S. village * * *having a

cultural and subsistence need for

whaling’’ instead of ‘‘having a cultural

and/or subsistence need for whaling’’.

Response: NMFS believes that the

current language more accurately

reflects the interpretation of the IWC of

the requirements for aboriginal whaling.

Comment: The prohibition on sale

should be amended to include

prohibitions on barter, give for free, and

trade, in order to recognize noncurrency exchanges of value that may

escape being subject to violations of the

Convention.

Response: The above practices,

particularly ‘‘give for free,’’ are essential

to the cultural value of whaling. A

whaling crew cannot consume an entire

whale, at least not without significant

waste. The gifting of whale meat and

muktuk between families and villages is

a central ritual of whaling in Alaska.

Likewise, the Makah tradition of

potlatch is still a key part of the Tribe’s

social fabric. Prohibiting such practices

would be counter to the concept of

aboriginal whaling.

Comment: Penalties for violations

should be listed in the rule.

Response: The absence of specific

penalties does not imply that there are

no penalties for violations of the rule.

The WCA and the MMPA both contain

specific penalties in terms of fines,

imprisonment or other sanctions for

violation of their provisions. Penalties

are not listed in this rule because the
29630 Federal Register / Vol. 61, No. 113 / Tuesday, June 11, 1996 / Rules and Regulations

cooperative agreements may delegate

some enforcement functions to the

Native American whaling organizations.

Nevertheless, the Department of

Commerce has specific responsibilities

under the law. If the cooperative

agreement is not succeeding in fulfilling

those responsibilities, the Department

will, after consultation with the relevant

Native American whaling organization,

assert its federal management and

enforcement authority.

Comment: In § 230.4(g)(1), the word

‘‘quota’’ should be preceded by the

words ‘‘struck or landed’’.

Response: In this context, ‘‘quota’’

means either the quota of strikes or

quota of landed whales, or both.

Comment: In § 230.4(h), the words ‘‘or

crew’’ should be inserted after the word

‘‘captain’’.

Response: This suggestion does not

appear to improve the management of

whaling. It only adds an additional

requirement without gaining any

substantive improvement in monitoring

or controlling the hunt. Therefore, the

suggestion is rejected.

Comment: In § 230.5(a), the phrase

‘‘after written concurrence from the

Assistant Administrator’’ (AA) should

be inserted after ‘‘whaling captains’’.

Response: This provision constitutes

the granting of a license by NOAA; an

additional endorsement by the AA

would not gain any substantive

improvement in monitoring or

controlling the hunt. Therefore, the

suggestion is rejected.

Comment: Tallies of struck and

landed whales should be in real time,

with daily reporting to prevent overharvesting.

Response: In current practice, the

AEWC reports in nearly real time,

reporting every few days and sometimes

daily during the whaling seasons.

Toward the end of the season, each

whale catch is reported as it is logged

in by the AEWC. The quota has never

been exceeded.

Comment: If the Native American

whaling organization fails to close the

whaling season after the quota has been

reached, the rule should require the

Assistant Administrator to close it by

filing a notice in the Federal Register.

The Assistant Administrator should be

required to notify the whaling

organization within one business day

that the season has been closed.

Response: The current wording of the

rule allows some discretion for unusual

circumstances (such as an ambiguity

about whether a quota has been met),

but clearly gives the Assistant

Administrator the authority to close a

season after a quota has been reached.

Comment: The names and villages of

members of the whaling crew should be

required.

Response: This requirement would

add a regulatory burden without

obviously improving the management of

whaling.

Comment: Please clarify the statement

in the Environmental Assessment

asserting that past aboriginal whaling

levels were higher than they are today.

Response: The Soviet Union took

approximately 169 gray whales a year

from the 1970s until 1990. Alaska

Eskimos occasionally took a few gray

whales (fewer than 10) during that time

as well. The current quota for gray

whales is 140 animals.

Comment: The whale-watching

industry could be affected by consumer

boycotts in Washington State or by

changes in behavior of whales due to

hunting. Therefore, the economic

impacts described in the Environmental

Assessment have a potential negative

side.

Response: Any possibility of a

consumer boycott of whale watch

industries in Washington State is highly

speculative.

It is possible that a resumption of

whaling by the Makah Tribe would

affect the behavior of gray whales

around boats in general. It may prove

difficult to demonstrate that whales

change their behavior in response to

whaling, even if observers believe that

such a change does occur. Furthermore,

if changes in behavior can be

demonstrated, it would be difficult to

attribute them to any particular cause,

since whale behavior is not well

understood. Nevertheless, NMFS will

initiate research this summer on gray

whales in the Makah area and in Puget

Sound. This research is intended to help

differentiate resident whales which may

swim near Seattle and other local whale

watching areas, from whales that are

migrating past Neah Bay. It may provide

information on effects of whaling, if it

resumes, on whale behavior.

Comment: One organization disagreed

with the Environmental Assessment’s

conclusion that there would be no

economic or social impacts from this

revision to the whaling regulations.

Therefore, it called for a Supplemental

Environmental Impact Statement to

address issues raised in its testimony.

Response: Because these regulations

do not directly alter the status quo,

NMFS does not see a need for an

Environmental Impact Statement. It

will, however, take note of the issues

raised, particularly of the possible

impact of whaling on whale watch

operations. If the IWC authorizes

whaling by the Makah Tribe, NMFS will

re-assess its obligations under the

National Environmental Policy Act.

Comment: The Finding of No

Significant Impact in the EA ignores the

cumulative effect of a possible

resumption of whaling by other Native

groups if the Makah Tribe is allowed to

hunt for whales.

Response: The Makah proposal must

be judged on its own merits. We have

no information that other American

Native groups are interested in resuming

whaling.

Changes from the Proposed Rule

The definition of ‘‘calf’’ is amended to

read ‘‘any whale less than one year old

or having milk in its stomach.

The definitions of ‘‘Whaling captain’’

and ‘‘Whaling crew’’ are amended to

clarify that whaling is only allowed by

Native Americans by replacing the word

‘‘person’’ with the words ‘‘Native

American’’.

Section 3506(c)(B)(i) of the PRA

requires that agencies inventory and

display a current control assigned by the

Director of OMB for each agency

information collection.

15 CFR 902.1(b) identifies the location

of NOAA regulations for which OMB

approval numbers have been issued.

This final rule adds the OMB approval

number for an approved collection-ofinformation requirement to the table in

15 CFR 902.1(b).

Under NOAA Administrative Order

205-11, 7.01, dated December 17, 1990,

the Under Secretary for Oceans and

Atmosphere has

delegated authority to sign material

for publication in the Federal Register

to the Assistant Administrator for

Fisheries, NOAA.

Classification

NMFS prepared an EA for this action

and the AA concluded that there will be

no significant impact on the human

environment as a result of this rule. This

revision of the whaling regulations will

have no impact on the status of any

endangered species, as these revisions

have no affect on the quotas for

aboriginal subsistence whaling

authorized by the IWC. A copy of the

EA is available from NMFS (see

ADDRESSES).

This final rule has been determined to

be not significant for the purposes of

E.O. 12866.

The Assistant General Counsel for

Legislation and Regulation of the

Department of Commerce certified to

the Chief Counsel for Advocacy of the

Small Business Administration that this

rule will not have a significant

economic impact on a substantial

number of small entities. This final rule
Federal Register / Vol. 61, No. 113 / Tuesday, June 11, 1996 / Rules and Regulations 29631

does not change the regulations that

allow whaling only for subsistence and

cultural use. Only two Native American

groups have expressed an interest in

whaling; this rule broadens, rather than

restricts, the opportunities for Native

American groups to renew whaling

traditions if the IWC grants the U.S.

request for a quota. As a result, a

regulatory flexibility analysis was not

prepared. If the IWC authorizes whaling

by the Makah Tribe, NMFS will reassess its obligations under the National

Environmental Policy Act.

This rule contains collection-ofinformation requirements subject to the

PRA that have been approved by OMB

under OMB control number 0648-0311.

The average burden for these collections

is estimated to be approximately 0.5

hours per response for whaling captains’

reports and 5 hours per response for

Native American whaling organizations

to report whaling activity to NMFS.

These estimates include the time for

reviewing instructions, searching

existing data sources, gathering and

maintaining the data needed, and

completing and reviewing the collection

of information. Send comments

regarding these reporting burden

estimates or any other aspect of the

collections of information, including

suggestions for reducing the burdens, to

NMFS and OMB (see ADDRESSES).

Notwithstanding any other provision

of law, no person is required to respond

to, nor shall a person be subject to a

penalty for failure to comply with, a

collection of information subject to the

requirements of the PRA unless that

collection of information displays a

currently valid OMB Control Number.

The AA determined that this final

rule will not affect any endangered or

threatened species or critical habitat

under the ESA and that whaling

activities conducted under this rule will

have no adverse effects on marine

mammals, beyond what is authorized by

the IWC.

List of Subjects

15 CFR Part 902

Reporting and recordkeeping

requirements.

50 CFR Part 230

Fisheries, Indians, Marine mammals,

Reporting and recordkeeping

requirements.

Dated: June 4, 1996.

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service.

For the reasons set out in the

preamble, 15 CFR chapter IX and 50

CFR chapter II are amended as follows:

15 CFR Chapter IX

PART 902—NOAA INFORMATION

COLLECTION REQUIREMENTS UNDER

THE PAPERWORK REDUCTION ACT:

OMB CONTROL NUMBERS

1. The authority citation for part 902

continues to read as follows:

Authority: 44 U.S.C. 3501 et seq.

2. In § 902.1, paragraph (b), the table

is amended by adding in the left

column, under 50 CFR, in numerical

order, the entry ‘‘230.8’’, and in the right

column, in the corresponding position,

the control number ‘‘-0311’’.

50 CFR Chapter II

3. Part 230 is revised to read as

follows:

PART 230—WHALING PROVISIONS

Sec.

230.1 Purpose and scope.

230.2 Definitions.

230.3 General prohibitions.

230.4 Aboriginal subsistence whaling.

230.5 Licenses for aboriginal subsistence

whaling.

230.6 Quotas and other restrictions.

230.7 Salvage of stinkers.

230.8 Reporting by whaling captains.

Authority: 16 U.S.C. 916 et seq.

§ 230.1 Purpose and scope.

The purpose of the regulations in this

part is to implement the Whaling

Convention Act (16 U.S.C. 916 et seq.)

by prohibiting whaling except for

aboriginal subsistence whaling allowed

by the International Whaling

Commission. Provisions of the Marine

Mammal Protection Act of 1972 (16

U.S.C. 1361 et seq.) and the Endangered

Species Act of 1973 (16 U.S.C. 1531 et

seq.) also pertain to human interactions

with whales. Rules elsewhere in this

chapter govern such topics as scientific

research permits, and incidental take

and harassment of marine mammals.

§ 230.2 Definitions.

Aboriginal subsistence whaling means

whaling authorized by paragraph 13 of

the Schedule annexed to and

constituting a part of the Convention.

Assistant Administrator means the

Assistant Administrator for Fisheries of

the National Oceanic and Atmospheric

Administration.

Authorized officer means:

(1) Any commissioned, warrant, or

petty officer of the U.S. Coast Guard;

(2) Any special agent or enforcement

officer of the National Marine Fisheries

Service;

(3) Any officer designated by the head

of a Federal or state agency that has

entered into an agreement with the

Secretary of Commerce or the

Commandant of the Coast Guard to

enforce the provisions of the Whaling

Convention Act; or

(4) Any Coast Guard personnel

accompanying and acting under the

direction of any person described in

paragraph (1) of this definition.

Calf means any whale less than 1 year

old or having milk in its stomach.

Commission means the International

Whaling Commission established by

article III of the Convention.

Convention means the International

Convention for the Regulation of

Whaling signed at Washington on

December 2, 1946.

Cooperative agreement means a

written agreement between the National

Oceanic and Atmospheric

Administration and a Native American

whaling organization for the cooperative

management of aboriginal subsistence

whaling operations.

Landing means bringing a whale or

any parts thereof onto the ice or land in

the course of whaling operations.

Native American whaling

organization means an entity recognized

by the National Oceanic and

Atmospheric Administration as

representing and governing Native

American whalers for the purposes of

cooperative management of aboriginal

subsistence whaling.

Regulations of the Commission means

the regulations in the Schedule annexed

to and constituting a part of the

Convention, as modified, revised, or

amended by the Commission from time

to time.

Stinker means a dead, unclaimed

whale found upon a beach, stranded in

shallow water, or floating at sea.

Strike means hitting a whale with a

harpoon, lance, or explosive device.

Wasteful manner means a method of

whaling that is not likely to result in the

landing of a struck whale or that does

not include all reasonable efforts to

retrieve the whale.

Whale products means any

unprocessed part of a whale and

blubber, meat, bones, whale oil, sperm

oil, spermaceti, meal, and baleen.

Whaling means the scouting for,

hunting, striking, killing, flensing, or

landing of a whale, and the processing

of whales or whale products.

Whaling captain or captain means

any Native American who is authorized

by a Native American whaling

organization to be in charge of a vessel

and whaling crew.

Whaling crew means those Native

Americans under the control of a

captain.

Whaling village means any U.S.

village recognized by the Commission as
29632 Federal Register / Vol. 61, No. 113 / Tuesday, June 11, 1996 / Rules and Regulations

having a cultural and/or subsistence

need for whaling.

§ 230.3 General prohibitions.

(a) No person shall engage in whaling

in a manner that violates the

Convention, any regulation of the

Commission, or this part.

(b) No person shall engage in whaling

without first having obtained a license

or scientific research permit issued by

the Assistant Administrator.

(c) No person shall ship, transport,

purchase, sell, offer for sale, import,

export, or possess any whale or whale

products taken or processed in violation

of the Convention, any regulation of the

Commission, or this part, except as

specified in § 230.4(f).

(d) No person shall fail to make, keep,

submit, or furnish any record or report

required of him/her by the Convention,

any regulation of the Commission, or

this part.

(e) No person shall refuse to permit

any authorized officer to enforce the

Convention, any regulation of the

Commission, or this part.

§ 230.4 Aboriginal subsistence whaling.

(a) No person shall engage in

aboriginal subsistence whaling, except a

whaling captain licensed pursuant to

§ 230.5 or a member of a whaling crew

under the control of a licensed captain.

(b) No whaling captain shall engage in

whaling that is not in accordance with

the regulations of the Commission, this

part, and the relevant cooperative

agreement.

(c) No whaling captain shall engage in

whaling for any calf or any whale

accompanied by a calf.

(d) No whaling captain shall engage in

whaling without an adequate crew or

without adequate supplies and

equipment.

(e) No person may receive money for

participation in aboriginal subsistence

whaling.

(f) No person may sell or offer for sale

whale products from whales taken in an

aboriginal subsistence hunt, except that

authentic articles of Native handicrafts

may be sold or offered for sale.

(g) No whaling captain shall continue

to whale after:

(1) The quota set for his/her village by

the relevant Native American whaling

organization is reached;

(2) The license under which he/she is

whaling is suspended as provided in

§ 230.5(b); or

(3) The whaling season for that

species has been closed pursuant to

§ 230.6.

(h) No whaling captain shall claim

domicile in more than one whaling

village.

(i) No person may salvage a stinker

without complying with the provisions

of § 230.7.

(j) No whaling captain shall engage in

whaling with a harpoon, lance, or

explosive dart that does not bear a

permanent distinctive mark identifying

the captain as the owner thereof.

(k) No whaling captain shall engage in

whaling in a wasteful manner.

§ 230.5 Licenses for aboriginal

subsistence whaling.

(a) A license is hereby issued to

whaling captains identified by the

relevant Native American whaling

organization.

(b) The Assistant Administrator may

suspend the license of any whaling

captain who fails to comply with the

regulations in this part.

§ 230.6 Quotas and other restrictions.

(a) Quotas for aboriginal subsistence

whaling shall be set in accordance with

the regulations of the Commission.

Quotas shall be allocated to each

whaling village or captain by the

appropriate Native American whaling

organization. The Assistant

Administrator shall publish in the

Federal Register, at least annually,

aboriginal subsistence whaling quotas

and any other limitations on aboriginal

subsistence whaling deriving from

regulations of the Commission. These

quotas and restrictions shall also be

incorporated in the relevant cooperative

agreements.

(b) The relevant Native American

whaling organization shall monitor the

whale hunt and keep tally of the

number of whales landed and struck.

When a quota is reached, the

organization shall declare the whaling

season closed, and there shall be no

further whaling under that quota during

the calendar year. If the organization

fails to close the whaling season after

the quota has been reached, the

Assistant Administrator may close it by

filing notification in the Federal

Register.

§ 230.7 Salvage of stinkers.

(a) Any person salvaging a stinker

shall submit to the Assistant

Administrator or his/her representative

an oral or written report describing the

circumstances of the salvage within 12

hours of such salvage. He/she shall

provide promptly to the Assistant

Administrator or his/her representative

each harpoon, lance, or explosive dart

found in or attached to the stinker. The

device shall be returned to the owner

thereof promptly, unless it is retained as

evidence of a possible violation.

(b) There shall be a rebuttable

presumption that a stinker has been

struck by the captain whose mark

appears on the harpoon, lance, or

explosive dart found in or attached

thereto, and, if no strike has been

reported by such captain, such strike

shall be deemed to have occurred at the

time of recovery of the device.

§ 230.8 Reporting by whaling captains.

(a) The relevant Native American

whaling organization shall require each

whaling captain licensed pursuant to

§ 230.5 to provide a written statement of

his/her name and village of domicile

and a description of the distinctive

marking to be placed on each harpoon,

lance, and explosive dart.

(b) Each whaling captain shall

provide to the relevant Native American

whaling organization an oral or written

report of whaling activities including

but not limited to the striking,

attempted striking, or landing of a whale

and, where possible, specimens from

landed whales. The Assistant

Administrator is authorized to provide

technological assistance to facilitate

prompt reporting and collection of

specimens from landed whales,

including but not limited to ovaries, ear

plugs, and baleen plates. The report

shall include at least the following

information:

(1) The number, dates, and locations

of each strike, attempted strike, or

landing.

(2) The length (taken as the straightline measurement from the tip of the

upper jaw to the notch between the tail

flukes) and the sex of the whales

landed.

(3) The length and sex of a fetus, if

present in a landed whale.

(4) An explanation of circumstances

associated with the striking or

attempted striking of any whale not

landed.

(c) If the relevant Native American

whaling organization fails to provide the

National Marine Fisheries Service the

required reports, the Assistant

Administrator may require the reports to

be submitted by the whaling captains

directly to the National Marine Fisheries

Service.

[FR Doc. 96–14731 Filed 6–10–96; 8:45 am]

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