Title: Whaling Convention Amendments Act of 2018
Policy area: Animals

Summary:
Whaling Convention Amendments Act of 2018
This bill amends the Whaling Convention Act of 1949 to require the Department of Commerce to authorize aboriginal subsistence whaling if the 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 a whale accompanied by a calf; and (3) is not accomplished in a wasteful manner.
Commerce must establish catch limits for subsistence whaling by Alaska Natives if: (1) the International Whaling Commission (IWC) fails to establish the limits, and (2) Commerce determines that subsistence whaling is sustainable based on IWC's most recent review of the status of the affected whale.
The bill exempts actions taken under the Act with respect to a stock of a whale species from environmental review requirements under the National Environmental Policy Act of 1969 if Commerce determines that the action is sustainable based on the most recent review of the status of the stock by the IWC's Scientific Committee.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5064 Introduced in House (IH)]

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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 Representatives 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:

``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 paragraph 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 Secretary 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 review of the 
                status of such stock by the Scientific Committee of the 
                Commission, the aboriginal subsistence needs statement 
                submitted 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 
        Commission 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 adoption by the Commission, pursuant to the 
        paragraph 13 of the regulations of the Commission (or any 
        successor 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 adding 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 any review under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if 
the Secretary determines such action is sustainable based on the most 
recent review of the status of such stock by the Scientific Committee 
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 Commerce 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.
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