[Federal Register Volume 65, Number 232 (Friday, December 1, 2000)]
[Rules and Regulations]
[Page 75186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30650]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 230

[Docket No. 001120325-0325-01: I.D. 110800B]
RIN 0648-A077


Whaling Provisions: Aboriginal Subsistence Whaling Quotas

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

ACTION: Aboriginal subsistence whaling quota.

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SUMMARY: NMFS announces the aboriginal subsistence whaling quota for 
gray whales, and other limitations deriving from regulations adopted at 
the 1997 Annual Meeting of the International Whaling Commission (IWC). 
For 2000, the quota is zero gray whales landed. This quota and other 
limitations will govern the harvest of gray whales by members of the 
Makah Indian Tribe (Tribe).

DATES: Effective November 28, 2000.

ADDRESSES: Office of Protected Resources, National Marine Fisheries 
Service, 1315 East West Highway, Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Cathy Campbell, (202) 482-2652.

SUPPLEMENTARY INFORMATION: Aboriginal subsistence whaling in the United 
States is governed by the Whaling Convention Act (16 U.S.C. 916 et 
seq.), which requires the Secretary of Commerce to publish, at least 
annually, aboriginal subsistence whaling quotas and any other 
limitations on aboriginal subsistence whaling deriving from regulations 
of the IWC.
    At the 1997 Annual Meeting of the IWC, the Commission set quotas 
for aboriginal subsistence use of gray whales from the Eastern stock in 
the North Pacific. The gray whale quota was based on a joint request by 
the Russian Federation and the United States, with documentation of the 
needs of 2 Native groups, the Chukotka Natives and the Tribe in 
Washington State.
    This action by the IWC thus authorized aboriginal subsistence 
whaling by the Tribe for gray whales, as discussed in greater detail in 
the 1999 notification (64 FR 28413). This aboriginal subsistence 
harvest is conducted in accordance with a cooperative agreement between 
NOAA and the Makah Tribal Council (Council).
    The IWC set a 5-year block quota (1998 through 2002) of 620 gray 
whales, with an annual cap of 140 animals taken. The IWC regulation 
does not address the number of allowed strikes. The requested quota and 
accompanying documentation assumed an average annual harvest of 120 
whales by the Chukotka people and an average annual harvest of 4 whales 
by the Tribe.
    The United States and the Russian Federation have concluded an 
arrangement providing that the Tribe may take no more than five gray 
whales, and the Russian natives may take no more than 135 gray whales. 
On June 9, however, the United States Court of Appeals for the Ninth 
Circuit ruled that the Department of Commerce's environmental 
assessment (EA) under the National Environmental Policy Act (NEPA) 
should have been completed before agreeing to request a gray whale 
quota from the IWC. The Court ordered the agency to prepare a new EA 
under circumstances that would ensure an objective evaluation of the 
environmental consequences of the gray whale harvest.
    NOAA has begun preparation of the new EA. In the meantime, NOAA is 
setting the gray whale quota at zero, pending completion of the NEPA 
process. NOAA has also rescinded its cooperative agreement with the 
Council.

    November 28, 2000.
Penelope D. Dalton,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 00-30650 Filed 11-28-00; 3:53 pm]
BILLING CODE 3510-22-S