[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5898 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 5898

    To amend the Whaling Convention Act to require the Secretary of 
 Commerce to authorize aboriginal subsistence whaling as permitted by 
  the regulations of the International Whaling Commission and to set 
aboriginal subsistence catch limits for bowhead whales in the event the 
     Commission fails to adopt such limits, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 5, 2012

 Mr. Young of Alaska introduced the following bill; which was referred 
                  to the Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
    To amend the Whaling Convention Act to require the Secretary of 
 Commerce to authorize aboriginal subsistence whaling as permitted by 
  the regulations of the International Whaling Commission and to set 
aboriginal subsistence catch limits for bowhead whales in the event the 
     Commission fails to adopt such limits, 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 
2012''.

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 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) Requirement to establish.--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 statement submitted by the United 
                States to the Commission for that year or set of years 
                is sustainable.
            ``(2) Limitation.--The catch limits established by the 
        Secretary under paragraph (1) shall not exceed the aboriginal 
        subsistence needs statement submitted by the United States to 
        the Commission.
            ``(3) Construction.--Nothing in paragraph (1) relieves the 
        United States Commissioner of his or her obligation to continue 
        seeking adoption by the Commission, pursuant to the paragraph 
        13 of the regulations of the Commission or any successor 
        paragraph that permits aboriginal subsistence whaling, of catch 
        limits that provide for Alaska Native aboriginal subsistence 
        need for bowhead whales.''.

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 15 of the Whaling Convention Act of 
1949, as added by section 2.
    (b) Review and Updates.--The Secretary of Commerce shall review and 
update such regulations 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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