II 112th CONGRESS 2d Session S. 3262 IN THE SENATE OF THE UNITED STATES June 5, 2012 Mr. Begich (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 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.

1.

Short title

This Act may be cited as the Whaling Convention Amendments Act of 2012.

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:

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.

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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.