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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Whaling Convention 
Amendments Act of 2018’’. 
SEC. 2. AMENDMENT OF THE WHALING CONVENTION ACT 
OF 194. 
(a) ABORIGINAL
SUBSISTENCE
WHALING.—The 
Whaling Convention Act of 1949 (16 U.S.C. 916 et seq.) 
is amended by inserting after section 6 the following: 
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‘‘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 para-
graph 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 
‘‘(3) is not accomplished in a wasteful manner. 
‘‘(b) CATCH LIMIT.— 
‘‘(1) REQUIREMENT TO ESTABLISH.—The Sec-
retary 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 re-
view of the status of such stock by the Sci-
entific Committee of the Commission, the ab-
original subsistence needs statement submitted 
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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 Commis-
sion 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 adop-
tion by the Commission, pursuant to the paragraph 
13 of the regulations of the Commission (or any suc-
cessor to such paragraph that permits aboriginal 
subsistence whaling), of catch limits that provide for 
Alaska Native aboriginal subsistence needs.’’. 
(b) WAIVER
OF ENVIRONMENTAL REVIEW.—The 
Whaling Convention Act of 1949 (16 U.S.C. 916 et seq.), 
as amended by subsection (a), is further amended by add-
ing at the end the following: 
‘‘SEC. 17. WAIVER OF ENVIRONMENTAL REVIEW. 
‘‘An action taken under this Act, with respect to a 
stock of a whale species, shall be deemed not to require 
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any review under the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.) if the Secretary deter-
mines such action is sustainable based on the most recent 
review of the status of such stock by the Scientific Com-
mittee of the Commission.’’. 
SEC. 3. IMPLEMENTING REGULATIONS. 
(a) IN GENERAL.—Not later than 3 years after the 
date of enactment of this Act, the Secretary of Commerce 
shall issue any regulations necessary to implement section 
6A of the Whaling Convention Act of 1949, as added by 
section 2(a). 
(b) REVIEW AND UPDATES.—The Secretary of Com-
merce shall review and update the regulations required by 
subsection (a) as needed, and at least once every 5 years, 
after the date on which the Secretary of Commerce issues 
the regulations as a final rule. 
Æ 
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