[Congressional Bills 110th Congress]
[From the U.S. Government Publishing 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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