[Federal Register Volume 61, Number 113 (Tuesday, June 11, 1996)]
[Rules and Regulations]
[Pages 29628-29632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14731]




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Part V





Department of Commerce





_______________________________________________________________________



National Oceanic and Atmospheric Administration



_______________________________________________________________________



15 CFR Part 902



50 CFR Part 230



Whaling Provisions; Consolidation and Revision of Regulations; 
Collection-of-Information Approval; Final Rule

  Federal Register / Vol. 61, No. 113 / Tuesday, June 11, 1996 / Rules 
and Regulations  

[[Page 29628]]



DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 230

[Docket No. 960312069-6153-02; I.D. 022796F]
RIN 0648-AI81


Whaling Provisions; Consolidation and Revision of Regulations; 
Collection-of-Information Approval

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: NMFS revises and updates regulations pertaining to aboriginal 
subsistence whaling by removing outdated provisions, codifying current 
practice, incorporating current term usage, and reorganizing the 
remaining provisions to make the whaling regulations more concise, 
better organized and, therefore, easier for the public to use. In 
addition, the regulations broaden the current mechanism for regulating 
International Whaling Commission (IWC) authorized whaling by the Alaska 
Eskimo Whaling Commission (AEWC) and other Native American groups. This 
rule also adds a reference to an approved collection-of-information 
under the Paperwork Reduction Act (PRA).

EFFECTIVE DATE: July 11, 1996.

ADDRESSES: Copies of the environmental assessment (EA) prepared for 
this action are available from: Chief, Marine Mammal Division, Office 
of Protected Resources, National Marine Fisheries Service, 1315 East-
West Highway, Silver Spring, MD 20910.
    Comments regarding the burden-hour estimate or any other aspect of 
the collection-of-information requirement contained in this rule should 
be sent to the above individual and to the Office of Information and 
Regulatory Affairs, Office of Management and Budget (OMB), Attention: 
NOAA Desk Officer, Washington, D.C. 20503.

FOR FURTHER INFORMATION CONTACT: Dr. Kevin Chu, (301) 713-2276.

SUPPLEMENTARY INFORMATION:

Background

    Consistent with the President's Regulatory Reinvention Initiative, 
NMFS published a proposed rule on April 9, 1996 (61 FR 15754) to carry 
out the President's directive with respect to the regulations 
implementing the Whaling Convention Act of 1949 (16 U.S.C. 916 et 
seq.). This final rule updates the whaling regulations to be consistent 
with current authorities and usage of terms, eliminates duplicative or 
unnecessary text, and reorganizes the regulations to make the 
regulations easier for the public to use and to reduce the volume and 
publication costs of the regulations.
    This final rule also replaces outdated language in the regulations 
with a description of current practice (i.e., joint monitoring and 
enforcement of harvests authorized by the IWC) through a cooperative 
agreement between NOAA and a Native American whaling organization. 
Government monitoring, and especially enforcement, has not been 
feasible or desirable in the remote areas in which whaling takes place. 
The procedures currently practiced, which are codified through this 
final rule, are considered more reliable and more cost effective than 
the outdated procedures they replace in the regulations.
    This final rule also provides a mechanism for a cooperative 
agreement with the Makah Tribe of northwest Washington State, which has 
a long tradition of whaling, for monitoring and enforcing any IWC-
authorized whaling. This mechanism is similar to the successful 
practice with the AEWC.
    Additional background and rationale for these measures may be found 
in the preamble to the proposed rule.

Comments and Responses

    Three sets of written comments were received regarding the proposed 
rule. All were opposed to its adoption. Specific comments and responses 
are given below:
     Comment: All three organizations making comments opposed allowing 
the Makah Tribe to initiate a harvest of gray whales.
     Response: The rule does not in itself authorize whaling by the 
Makah Tribe or by any other Native American whaling organization. It 
sets up a mechanism through which any aboriginal subsistence whaling 
would be managed, provided that the International Whaling Commission 
(IWC) approves a quota for such use. At its 1996 Annual Meeting, the 
IWC will review the questions raised by commenters, among others, as to 
the appropriateness of the Makah request for a quota of five gray 
whales. Because the rule does not authorize whaling outside the IWC, 
and does not reflect on the appropriateness of any whaling proposal or 
practice, specific comments on possible future whaling by the Makah 
Tribe are not addressed in this notice, except where comments addressed 
the points in the EA that accompanied the proposed rule. Likewise, NMFS 
took note of comments that were assertions of differing viewpoints or 
conclusions than reflected in the EA but that did not provide data to 
back up the assertion, but no response is provided here.
     Comment: Two organizations objected to the provision allowing the 
sale of native handicrafts from whale products (Sec. 230.4(f)).
     Response: Under the Marine Mammal Protection Act (MMPA), Alaska 
Natives are allowed to take whales for the purpose of creating and 
selling authentic native articles of handicrafts. The United States has 
informed the IWC of this provision; the IWC has never declared this 
practice to be contrary to the concept of aboriginal subsistence use. 
NOAA has provided a letter to the AEWC acknowledging that the sale of 
handicrafts is allowed.
    Under the Treaty of Neah Bay, the Makah Tribe would be allowed to 
sell handicrafts made from non-edible whale parts. This rule thus 
recognizes the right of both Native American groups to sell 
handicrafts.
     Comment: All three commenters felt that the rule should specify 
the number of whales that may be struck.
     Response: The IWC does not normally allocate quotas of whales that 
may be struck. The only IWC quota expressed in terms of strike limits 
is the U.S. Alaska bowhead hunt, where ice conditions substantially 
increase the chances of losing a harpooned whale. Any strike limit 
allocated by the IWC would be incorporated into the cooperative 
agreement, as is currently the case with the cooperative agreement 
between NOAA and the Alaska Eskimo Whaling Commission. A cooperative 
agreement could also incorporate strike limits, even if none was set by 
the IWC.
     Comment: There should be no provision for a cooperative agreement 
with Native American whaling organizations, especially with the Makah 
Tribe or any tribe within the contiguous United States. Commenters 
noted that the current part 230 of title 50 of the Code of Federal 
Regulations (CFR) requires that Commerce monitor all aboriginal whaling 
and to collect all information directly. These organizations felt that 
the proximity and relatively localized whaling that might be conducted 
by the Makah Tribe would allow for direct oversight by the U.S. 
Government.
     Response: The cooperative agreement with the Makah Tribe specifies 
that U.S. Government personnel will monitor the hunt.

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    Nothing in any cooperative agreement for the co-management of 
whaling operations relieves the Department of Commerce of its 
obligations under the WCA, the MMPA, the Endangered Species Act (ESA) 
or any other statute.
     Comment: One organization felt that arguments supporting 
replacement of the current regulations were based on insufficient 
support and questionable assumptions, especially regarding the 
statement that Government oversight would either be unreliable or 
excessively expensive. This organization also expressed concern over 
the accuracy of reporting and success in enforcement of harvests under 
joint management with Native American tribes.
     Response: In Alaska, a minimum requirement of reliable Government 
oversight would be placing an enforcement agent in each of the ten 
whaling villages during the whaling seasons, approximately four months 
a year. This level of enforcement would detract substantially from 
other enforcement efforts in Alaska, and could not guarantee accurate 
information. Whaling camps are often miles away from the villages, and 
whaling could still take place without the knowledge of town-based 
agents. The only way to guarantee accurate information would be to have 
an enforcement agent at each whaling camp. This would require the use 
of up to 40 enforcement personnel and would entail large costs for 
equipment and supplies as well.
    The commenter is correct that there has been no study which has 
examined the accuracy of tribal whaling reporting or success in 
enforcement. It would be difficult to conduct any definitive study on 
this matter, since the presence of outside observers needed to confirm 
catch statistics would automatically change the reporting situation. 
NMFS considers it unlikely that whaling would be able to occur in Neah 
Bay without the knowledge of NMFS officials stationed there (when 
present) or other non-Native persons.
    Comment: One organization objected that quotas were not specified 
in the rule.
     Response: The rule does not set quotas or authorize whaling 
outside of action by the IWC. If the IWC authorizes an aboriginal 
subsistence hunt, the quota will be specified in the cooperative 
agreement, as will any limits on strikes.
     Comment: The revised definition of whaling does not include 
``harassment,'' as it does in the earlier version of 50 CFR part 230.
     Response: Regulations concerning ``harassment'' of whales are 
covered elsewhere in the Code of Federal Regulations, as noted in 
Sec. 230.1.
     Comment: One commenter expressed concern that sections previously 
in 50 CFR part 230 under ``Records and Reports,'' ``Prohibited Acts,'' 
``Reporting by Whaling Captains,'' ``Records'' and ``Inspection and 
Enforcement'' are omitted in the new rule. The commenter specifically 
recommended that a more thorough examination and consideration of these 
sections be made (possibly by a task force) and evaluated prior to 
excluding them from the new rule.
    Response: The above sections and others that are eliminated from 
the previous version of 50 CFR part 230 referred only to commercial 
whaling. Many sections had not been amended for 25 years. Commercial 
whaling is not allowed in the United States so there is no need to keep 
these archaic regulations on the books.
     Comment: The definition of ``calf'' should be any offspring still 
dependent on behavior and nutrition and in the physical dependence of a 
parent female.
     Response: The proposed definition of ``calf,'' i.e., any whale 
less than 1 year old, allows for an objective measurement of whether an 
infraction has occurred when a carcass is being examined. While 
behavioral aspects and the presence of a parent female define a calf 
from a biological point of view, these characteristics cannot be used 
after the fact to determine whether a calf was taken. An exception to 
this is the presence of milk in the stomach as an indicator of nursing. 
Therefore, the definition of ``calf'' is amended to read ``any whale 
less than 1 year old or having milk in its stomach.''
     Comment: One organization requested that the term ``person'' be 
defined using IWC criteria of cultural and subsistence need. The 
organization specifically felt that it was not appropriate for U.S. 
regulations to allow commercial vessels and crew to whale on behalf of 
aboriginals.
     Response: Commercial whaling is prohibited in the United States. 
While it seems unlikely that commercial whaling vessels or crew would 
offer to whale on behalf of U.S. aboriginals or that Native American 
whaling organizations would welcome such an offer, the definitions in 
the rule of ``whaling captain'' and ``whaling crew'' can be amended to 
clarify that whaling is only allowed by Native Americans. The revised 
definitions are as follows:
    ``Whaling captain or captain means any Native American who is 
authorized by a Native American whaling organization to be in charge of 
a vessel and whaling crew.''
    ``Whaling crew means those Native Americans under the control of a 
captain.''
     Comment: The term ``wasteful manner'' should include the use and 
waste of whale products after landing.
     Response: NMFS agrees. The term has the same meaning as the 
definition at Sec. 216.3: ``Wasteful manner means any taking or method 
of taking which is likely to result in the killing of marine mammals 
beyond those needed for subsistence or for the making of authentic 
native articles of handicrafts and clothing or which results in the 
waste of a substantial portion of the marine mammal and includes, 
without limitation, the employment of a method of taking which is not 
likely to assure the capture or killing of a marine mammal, or which is 
not immediately followed by a reasonable effort to retrieve the marine 
mammal.''
    Comment: Whaling villages should be specifically listed, as they 
are in current regulations.
     Response: The list of U.S. whaling villages for which the IWC 
quota is authorized is available from NMFS.
    Comment: The definition of ``whaling village'' should be changed to 
read `` * * *any U.S. village * * *having a cultural and subsistence 
need for whaling'' instead of ``having a cultural and/or subsistence 
need for whaling''.
     Response: NMFS believes that the current language more accurately 
reflects the interpretation of the IWC of the requirements for 
aboriginal whaling.
    Comment: The prohibition on sale should be amended to include 
prohibitions on barter, give for free, and trade, in order to recognize 
non-currency exchanges of value that may escape being subject to 
violations of the Convention.
    Response: The above practices, particularly ``give for free,'' are 
essential to the cultural value of whaling. A whaling crew cannot 
consume an entire whale, at least not without significant waste. The 
gifting of whale meat and muktuk between families and villages is a 
central ritual of whaling in Alaska. Likewise, the Makah tradition of 
potlatch is still a key part of the Tribe's social fabric. Prohibiting 
such practices would be counter to the concept of aboriginal whaling.
     Comment: Penalties for violations should be listed in the rule.
     Response: The absence of specific penalties does not imply that 
there are no penalties for violations of the rule. The WCA and the MMPA 
both contain specific penalties in terms of fines, imprisonment or 
other sanctions for violation of their provisions. Penalties are not 
listed in this rule because the

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cooperative agreements may delegate some enforcement functions to the 
Native American whaling organizations. Nevertheless, the Department of 
Commerce has specific responsibilities under the law. If the 
cooperative agreement is not succeeding in fulfilling those 
responsibilities, the Department will, after consultation with the 
relevant Native American whaling organization, assert its federal 
management and enforcement authority.
    Comment: In Sec. 230.4(g)(1), the word ``quota'' should be preceded 
by the words ``struck or landed''.
     Response: In this context, ``quota'' means either the quota of 
strikes or quota of landed whales, or both.
     Comment: In Sec. 230.4(h), the words ``or crew'' should be 
inserted after the word ``captain''.
     Response: This suggestion does not appear to improve the 
management of whaling. It only adds an additional requirement without 
gaining any substantive improvement in monitoring or controlling the 
hunt. Therefore, the suggestion is rejected.
    Comment: In Sec. 230.5(a), the phrase ``after written concurrence 
from the Assistant Administrator'' (AA) should be inserted after 
``whaling captains''.
     Response: This provision constitutes the granting of a license by 
NOAA; an additional endorsement by the AA would not gain any 
substantive improvement in monitoring or controlling the hunt. 
Therefore, the suggestion is rejected.
     Comment: Tallies of struck and landed whales should be in real 
time, with daily reporting to prevent over-harvesting.
     Response: In current practice, the AEWC reports in nearly real 
time, reporting every few days and sometimes daily during the whaling 
seasons. Toward the end of the season, each whale catch is reported as 
it is logged in by the AEWC. The quota has never been exceeded.
     Comment: If the Native American whaling organization fails to 
close the whaling season after the quota has been reached, the rule 
should require the Assistant Administrator to close it by filing a 
notice in the Federal Register. The Assistant Administrator should be 
required to notify the whaling organization within one business day 
that the season has been closed.
     Response: The current wording of the rule allows some discretion 
for unusual circumstances (such as an ambiguity about whether a quota 
has been met), but clearly gives the Assistant Administrator the 
authority to close a season after a quota has been reached.
     Comment: The names and villages of members of the whaling crew 
should be required.
     Response: This requirement would add a regulatory burden without 
obviously improving the management of whaling.
    Comment: Please clarify the statement in the Environmental 
Assessment asserting that past aboriginal whaling levels were higher 
than they are today.
     Response: The Soviet Union took approximately 169 gray whales a 
year from the 1970s until 1990. Alaska Eskimos occasionally took a few 
gray whales (fewer than 10) during that time as well. The current quota 
for gray whales is 140 animals.
    Comment: The whale-watching industry could be affected by consumer 
boycotts in Washington State or by changes in behavior of whales due to 
hunting. Therefore, the economic impacts described in the Environmental 
Assessment have a potential negative side.
     Response: Any possibility of a consumer boycott of whale watch 
industries in Washington State is highly speculative.
    It is possible that a resumption of whaling by the Makah Tribe 
would affect the behavior of gray whales around boats in general. It 
may prove difficult to demonstrate that whales change their behavior in 
response to whaling, even if observers believe that such a change does 
occur. Furthermore, if changes in behavior can be demonstrated, it 
would be difficult to attribute them to any particular cause, since 
whale behavior is not well understood. Nevertheless, NMFS will initiate 
research this summer on gray whales in the Makah area and in Puget 
Sound. This research is intended to help differentiate resident whales 
which may swim near Seattle and other local whale watching areas, from 
whales that are migrating past Neah Bay. It may provide information on 
effects of whaling, if it resumes, on whale behavior.
    Comment: One organization disagreed with the Environmental 
Assessment's conclusion that there would be no economic or social 
impacts from this revision to the whaling regulations. Therefore, it 
called for a Supplemental Environmental Impact Statement to address 
issues raised in its testimony.
    Response: Because these regulations do not directly alter the 
status quo, NMFS does not see a need for an Environmental Impact 
Statement. It will, however, take note of the issues raised, 
particularly of the possible impact of whaling on whale watch 
operations. If the IWC authorizes whaling by the Makah Tribe, NMFS will 
re-assess its obligations under the National Environmental Policy Act.
    Comment: The Finding of No Significant Impact in the EA ignores the 
cumulative effect of a possible resumption of whaling by other Native 
groups if the Makah Tribe is allowed to hunt for whales.
     Response: The Makah proposal must be judged on its own merits. We 
have no information that other American Native groups are interested in 
resuming whaling.

Changes from the Proposed Rule

    The definition of ``calf'' is amended to read ``any whale less than 
one year old or having milk in its stomach.
    The definitions of ``Whaling captain'' and ``Whaling crew'' are 
amended to clarify that whaling is only allowed by Native Americans by 
replacing the word ``person'' with the words ``Native American''.
    Section 3506(c)(B)(i) of the PRA requires that agencies inventory 
and display a current control assigned by the Director of OMB for each 
agency information collection. 15 CFR 902.1(b) identifies the location 
of NOAA regulations for which OMB approval numbers have been issued. 
This final rule adds the OMB approval number for an approved 
collection-of-information requirement to the table in 15 CFR 902.1(b).
    Under NOAA Administrative Order 205-11, 7.01, dated December 17, 
1990, the Under Secretary for Oceans and Atmosphere has
    delegated authority to sign material for publication in the Federal 
Register to the Assistant Administrator for Fisheries, NOAA.

Classification

    NMFS prepared an EA for this action and the AA concluded that there 
will be no significant impact on the human environment as a result of 
this rule. This revision of the whaling regulations will have no impact 
on the status of any endangered species, as these revisions have no 
affect on the quotas for aboriginal subsistence whaling authorized by 
the IWC. A copy of the EA is available from NMFS (see ADDRESSES).
    This final rule has been determined to be not significant for the 
purposes of E.O. 12866.
    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce certified to the Chief Counsel for Advocacy of 
the Small Business Administration that this rule will not have a 
significant economic impact on a substantial number of small entities. 
This final rule

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does not change the regulations that allow whaling only for subsistence 
and cultural use. Only two Native American groups have expressed an 
interest in whaling; this rule broadens, rather than restricts, the 
opportunities for Native American groups to renew whaling traditions if 
the IWC grants the U.S. request for a quota. As a result, a regulatory 
flexibility analysis was not prepared. If the IWC authorizes whaling by 
the Makah Tribe, NMFS will re-assess its obligations under the National 
Environmental Policy Act.
    This rule contains collection-of-information requirements subject 
to the PRA that have been approved by OMB under OMB control number 
0648-0311. The average burden for these collections is estimated to be 
approximately 0.5 hours per response for whaling captains' reports and 
5 hours per response for Native American whaling organizations to 
report whaling activity to NMFS. These estimates include the time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. Send comments regarding these reporting 
burden estimates or any other aspect of the collections of information, 
including suggestions for reducing the burdens, to NMFS and OMB (see 
ADDRESSES).
    Notwithstanding any other provision of law, no person is required 
to respond to, nor shall a person be subject to a penalty for failure 
to comply with, a collection of information subject to the requirements 
of the PRA unless that collection of information displays a currently 
valid OMB Control Number.
    The AA determined that this final rule will not affect any 
endangered or threatened species or critical habitat under the ESA and 
that whaling activities conducted under this rule will have no adverse 
effects on marine mammals, beyond what is authorized by the IWC.

List of Subjects

15 CFR Part 902

    Reporting and recordkeeping requirements.

50 CFR Part 230

    Fisheries, Indians, Marine mammals, Reporting and recordkeeping 
requirements.

    Dated: June 4, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
    For the reasons set out in the preamble, 15 CFR chapter IX and 50 
CFR chapter II are amended as follows:

15 CFR Chapter IX

PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE 
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS

    1. The authority citation for part 902 continues to read as 
follows:

    Authority: 44 U.S.C. 3501 et seq.

    2. In Sec. 902.1, paragraph (b), the table is amended by adding in 
the left column, under 50 CFR, in numerical order, the entry ``230.8'', 
and in the right column, in the corresponding position, the control 
number ``-0311''.

50 CFR Chapter II

    3. Part 230 is revised to read as follows:

PART 230--WHALING PROVISIONS

Sec.
230.1  Purpose and scope.
230.2  Definitions.
230.3  General prohibitions.
230.4  Aboriginal subsistence whaling.
230.5  Licenses for aboriginal subsistence whaling.
230.6  Quotas and other restrictions.
230.7  Salvage of stinkers.
230.8  Reporting by whaling captains.

    Authority: 16 U.S.C. 916 et seq.


Sec. 230.1  Purpose and scope.

    The purpose of the regulations in this part is to implement the 
Whaling Convention Act (16 U.S.C. 916 et seq.) by prohibiting whaling 
except for aboriginal subsistence whaling allowed by the International 
Whaling Commission. Provisions of the Marine Mammal Protection Act of 
1972 (16 U.S.C. 1361 et seq.) and the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.) also pertain to human interactions with 
whales. Rules elsewhere in this chapter govern such topics as 
scientific research permits, and incidental take and harassment of 
marine mammals.


Sec. 230.2  Definitions.

    Aboriginal subsistence whaling means whaling authorized by 
paragraph 13 of the Schedule annexed to and constituting a part of the 
Convention.
    Assistant Administrator means the Assistant Administrator for 
Fisheries of the National Oceanic and Atmospheric Administration.
    Authorized officer means:
    (1) Any commissioned, warrant, or petty officer of the U.S. Coast 
Guard;
    (2) Any special agent or enforcement officer of the National Marine 
Fisheries Service;
    (3) Any officer designated by the head of a Federal or state agency 
that has entered into an agreement with the Secretary of Commerce or 
the Commandant of the Coast Guard to enforce the provisions of the 
Whaling Convention Act; or
    (4) Any Coast Guard personnel accompanying and acting under the 
direction of any person described in paragraph (1) of this definition.
    Calf means any whale less than 1 year old or having milk in its 
stomach.
    Commission means the International Whaling Commission established 
by article III of the Convention.
    Convention means the International Convention for the Regulation of 
Whaling signed at Washington on December 2, 1946.
    Cooperative agreement means a written agreement between the 
National Oceanic and Atmospheric Administration and a Native American 
whaling organization for the cooperative management of aboriginal 
subsistence whaling operations.
    Landing means bringing a whale or any parts thereof onto the ice or 
land in the course of whaling operations.
    Native American whaling organization means an entity recognized by 
the National Oceanic and Atmospheric Administration as representing and 
governing Native American whalers for the purposes of cooperative 
management of aboriginal subsistence whaling.
    Regulations of the Commission means the regulations in the Schedule 
annexed to and constituting a part of the Convention, as modified, 
revised, or amended by the Commission from time to time.
    Stinker means a dead, unclaimed whale found upon a beach, stranded 
in shallow water, or floating at sea.
    Strike means hitting a whale with a harpoon, lance, or explosive 
device.
    Wasteful manner means a method of whaling that is not likely to 
result in the landing of a struck whale or that does not include all 
reasonable efforts to retrieve the whale.
    Whale products means any unprocessed part of a whale and blubber, 
meat, bones, whale oil, sperm oil, spermaceti, meal, and baleen.
    Whaling means the scouting for, hunting, striking, killing, 
flensing, or landing of a whale, and the processing of whales or whale 
products.
    Whaling captain or captain means any Native American who is 
authorized by a Native American whaling organization to be in charge of 
a vessel and whaling crew.
    Whaling crew means those Native Americans under the control of a 
captain.
    Whaling village means any U.S. village recognized by the Commission 
as

[[Page 29632]]

having a cultural and/or subsistence need for whaling.


Sec. 230.3  General prohibitions.

    (a) No person shall engage in whaling in a manner that violates the 
Convention, any regulation of the Commission, or this part.
    (b) No person shall engage in whaling without first having obtained 
a license or scientific research permit issued by the Assistant 
Administrator.
    (c) No person shall ship, transport, purchase, sell, offer for 
sale, import, export, or possess any whale or whale products taken or 
processed in violation of the Convention, any regulation of the 
Commission, or this part, except as specified in Sec. 230.4(f).
    (d) No person shall fail to make, keep, submit, or furnish any 
record or report required of him/her by the Convention, any regulation 
of the Commission, or this part.
    (e) No person shall refuse to permit any authorized officer to 
enforce the Convention, any regulation of the Commission, or this part.


Sec. 230.4  Aboriginal subsistence whaling.

    (a) No person shall engage in aboriginal subsistence whaling, 
except a whaling captain licensed pursuant to Sec. 230.5 or a member of 
a whaling crew under the control of a licensed captain.
    (b) No whaling captain shall engage in whaling that is not in 
accordance with the regulations of the Commission, this part, and the 
relevant cooperative agreement.
    (c) No whaling captain shall engage in whaling for any calf or any 
whale accompanied by a calf.
    (d) No whaling captain shall engage in whaling without an adequate 
crew or without adequate supplies and equipment.
    (e) No person may receive money for participation in aboriginal 
subsistence whaling.
    (f) No person may sell or offer for sale whale products from whales 
taken in an aboriginal subsistence hunt, except that authentic articles 
of Native handicrafts may be sold or offered for sale.
    (g) No whaling captain shall continue to whale after:
    (1) The quota set for his/her village by the relevant Native 
American whaling organization is reached;
    (2) The license under which he/she is whaling is suspended as 
provided in Sec. 230.5(b); or
    (3) The whaling season for that species has been closed pursuant to 
Sec. 230.6.
    (h) No whaling captain shall claim domicile in more than one 
whaling village.
    (i) No person may salvage a stinker without complying with the 
provisions of Sec. 230.7.
    (j) No whaling captain shall engage in whaling with a harpoon, 
lance, or explosive dart that does not bear a permanent distinctive 
mark identifying the captain as the owner thereof.
    (k) No whaling captain shall engage in whaling in a wasteful 
manner.


Sec. 230.5  Licenses for aboriginal subsistence whaling.

    (a) A license is hereby issued to whaling captains identified by 
the relevant Native American whaling organization.
    (b) The Assistant Administrator may suspend the license of any 
whaling captain who fails to comply with the regulations in this part.


Sec. 230.6  Quotas and other restrictions.

    (a) Quotas for aboriginal subsistence whaling shall be set in 
accordance with the regulations of the Commission. Quotas shall be 
allocated to each whaling village or captain by the appropriate Native 
American whaling organization. The Assistant Administrator shall 
publish in the Federal Register, at least annually, aboriginal 
subsistence whaling quotas and any other limitations on aboriginal 
subsistence whaling deriving from regulations of the Commission. These 
quotas and restrictions shall also be incorporated in the relevant 
cooperative agreements.
    (b) The relevant Native American whaling organization shall monitor 
the whale hunt and keep tally of the number of whales landed and 
struck. When a quota is reached, the organization shall declare the 
whaling season closed, and there shall be no further whaling under that 
quota during the calendar year. If the organization fails to close the 
whaling season after the quota has been reached, the Assistant 
Administrator may close it by filing notification in the Federal 
Register.


Sec. 230.7  Salvage of stinkers.

    (a) Any person salvaging a stinker shall submit to the Assistant 
Administrator or his/her representative an oral or written report 
describing the circumstances of the salvage within 12 hours of such 
salvage. He/she shall provide promptly to the Assistant Administrator 
or his/her representative each harpoon, lance, or explosive dart found 
in or attached to the stinker. The device shall be returned to the 
owner thereof promptly, unless it is retained as evidence of a possible 
violation.
    (b) There shall be a rebuttable presumption that a stinker has been 
struck by the captain whose mark appears on the harpoon, lance, or 
explosive dart found in or attached thereto, and, if no strike has been 
reported by such captain, such strike shall be deemed to have occurred 
at the time of recovery of the device.


Sec. 230.8  Reporting by whaling captains.

    (a) The relevant Native American whaling organization shall require 
each whaling captain licensed pursuant to Sec. 230.5 to provide a 
written statement of his/her name and village of domicile and a 
description of the distinctive marking to be placed on each harpoon, 
lance, and explosive dart.
    (b) Each whaling captain shall provide to the relevant Native 
American whaling organization an oral or written report of whaling 
activities including but not limited to the striking, attempted 
striking, or landing of a whale and, where possible, specimens from 
landed whales. The Assistant Administrator is authorized to provide 
technological assistance to facilitate prompt reporting and collection 
of specimens from landed whales, including but not limited to ovaries, 
ear plugs, and baleen plates. The report shall include at least the 
following information:
    (1) The number, dates, and locations of each strike, attempted 
strike, or landing.
    (2) The length (taken as the straight-line measurement from the tip 
of the upper jaw to the notch between the tail flukes) and the sex of 
the whales landed.
    (3) The length and sex of a fetus, if present in a landed whale.
    (4) An explanation of circumstances associated with the striking or 
attempted striking of any whale not landed.
    (c) If the relevant Native American whaling organization fails to 
provide the National Marine Fisheries Service the required reports, the 
Assistant Administrator may require the reports to be submitted by the 
whaling captains directly to the National Marine Fisheries Service.
[FR Doc. 96-14731 Filed 6-10-96; 8:45 am]
BILLING CODE 3510-22-F