[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[S. 3333 Introduced in Senate (IS)]
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.
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
2008''.
SEC. 2. AMENDMENT OF WHALING CONVENTION ACT.
The Whaling Convention Act of 1949 (16 U.S.C. 916 et seq.) is
amended by adding at the end thereof the following:
``SEC. 15. 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 Limits for Bowhead Whales.--
``(1) The Secretary of Commerce shall establish catch
limits for the Alaska Native aboriginal subsistence hunt of
bowhead whales for any year or set of years, if the Secretary
determines that--
``(A) the Commission has failed to adopt catch
limits applicable to the hunt for such year or set of
years; and
``(B) the biological status of the affected bowhead
stock or stocks is such that, based on the most recent
review of the status of such stock or stocks by the
Scientific Committee of the Commission, the aboriginal
subsistence needs request submitted by the United
States to the Commission for that year or set of years
is sustainable.
``(2) The catch limits established by the Secretary under
paragraph (1) shall not exceed the aboriginal subsistence needs
request submitted by the United States to the Commission.
``(3) Nothing in paragraph (1) relieves the United States
Commissioner of his or her obligation to continue seeking
approval from the Commission of catch limits that provide for
Alaska Native aboriginal subsistence need for bowhead
whales.''.
SEC. 3. IMPLEMENTING REGULATIONS.
The Secretary of Commerce shall issue any regulations necessary to
implement section 15 of the Whaling Convention Act of 1949, as added by
section 2, no later than 3 years after the date of enactment of this
Act. The Secretary shall review and update such regulations as needed
at least once every 5 years after the date on which the Secretary
issues the regulations as a final rule.
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