[Federal Register Volume 64, Number 101 (Wednesday, May 26, 1999)]
[Rules and Regulations]
[Pages 28413-28414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13206]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
CFR Part 230
[I.D. 012099C]
Whaling Provisions: Aboriginal Subsistence Whaling Quotas
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notification of aboriginal subsistence whaling quotas.
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SUMMARY: NMFS announces aboriginal subsistence whaling quotas and other
limitations deriving from regulations adopted at the 1997 Annual
Meeting of the International Whaling Commission (IWC). For 1999, the
quotas are 75 bowhead whales struck, and 5 gray whales landed. These
quotas and other limitations will govern the harvest of bowhead whales
by members of the Alaska Eskimo Whaling Commission (AEWC) and the
harvest of gray whales by members of the Makah Indian Tribe (Tribe).
DATES: Effective May 26, 1999.
ADDRESSES: International Fisheries Division, National Marine Fisheries
Service, 1315 East West Highway, Silver Spring, MD 20910.
FOR FURTHER INFORMATION CONTACT: Catherine Corson, (301) 713-2276.
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 (Secretary) 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 bowhead whales from the Bering-
Chukchi-Beaufort Seas stock, and gray whales from the Eastern stock in
the North Pacific. The bowhead quota was based on a joint request by
the United States and the Russian Federation, accompanied by
documentation concerning the needs of 2 Native groups, Alaska Eskimos
and Chukotka Natives in the Russian Far East. The gray whale quota was
also based on a joint request by the Russian Federation and the United
States, again with documentation of the needs of 2 Native groups, the
Chukotka Natives and the Makah Indian Tribe in Washington State.
These actions by the IWC thus authorized aboriginal subsistence
whaling by the AEWC for bowhead whales and by the Tribe for gray
whales. The harvests will be conducted in accordance with cooperative
agreements between NOAA and the AEWC, and between NOAA and the Makah
Tribal Council (Council); these agreements are the means by which NOAA
recognizes the AEWC and the Tribe as Native American whaling
organizations under 50 CFR part 230.
Quotas
The IWC set a 5-year block quota of 280 bowhead whales landed. For
each of the years 1998 through 2002, the number of bowhead whales
struck may not exceed 67, except that any unused portion of a strike
quota from any year, including 15 unused strikes from the 1995-1997
quota, may be carried forward. No more than 15 strikes may be added to
the strike quota for any 1 year. At the end of the 1998 harvest, there
were 15 unused strikes available for carry-forward, so the combined
strike quota for 1999 is 82 (67 + 15).
The United States and the Russian Federation are concluding an
arrangement to ensure that the total quota of bowhead whales landed and
struck will not exceed the quotas set by the IWC. So that the 1999
quota of bowhead strikes is not exceeded, the Russian natives may use
no more than 7 strikes, and the Alaska Eskimos may use no more than 75
strikes. Each side will ensure that the numbers specified in this
paragraph for its native group are not exceeded. The two sides plan to
confer on monitoring of the 2000 quota, including any strikes that may
be carried forward from 1999. The AEWC will allocate these strikes
among the 10 villages whose cultural and subsistence needs have been
documented in past requests for bowhead quotas from the IWC.
The IWC also 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 Makah Indian Tribe.
The United States and the Russian Federation are concluding an
arrangement to ensure that the block quota and annual cap for gray
whales are not exceeded. So that the 1999 quota of gray whales is not
exceeded, the bilateral arrangements concluded that the Makah Indian
Tribe may take no more than five gray whales, and the Russian natives
may take no more than 135 gray whales. Each side will ensure that the
numbers specified in this paragraph for its native group are not
exceeded. The two sides plan to confer on monitoring of the 2000 quota.
Thus, in accordance with this bilateral arrangement and the
agreement between NOAA and the Council, the Makah hunters will take no
more than 5 gray whales in any 1 year. The Council will manage the
harvest to use no more than 33 strikes over the 5-year period, and will
take measures to ensure that the overall ratio of struck whales to
landed whales does not exceed 2:1. Because the U.S. request for a gray
whale quota was not based on the needs of separate whaling villages,
but rather on the needs of the Tribe as a whole, the Council will
allocate the quota among whaling captains to whom permits have been
issued.
Other Limitations
The IWC regulations, as well as the NOAA rule at 50 CFR 230.4(c),
forbid
[[Page 28414]]
the taking of calves or any whale accompanied by a calf.
NOAA rules (at 50 CFR 230.4) contain a number of other prohibitions
relating to aboriginal subsistence whaling, some of which are
summarized here. Only licensed whaling captains or crew under the
control of those captains may engage in whaling. They must follow the
provisions of the relevant cooperative agreement between NOAA and a
Native American whaling organization (the AEWC or the Council). The
aboriginal hunters must have adequate crew, supplies, and equipment.
They may not receive money for participating in the hunt. No person may
sell or offer for sale whale products from whales taken in the hunt,
except for authentic articles of Native handicrafts. Captains may not
continue to whale after the relevant quota is taken, after the season
has been closed, or if their licenses have been suspended. They may not
engage in whaling in a wasteful manner.
Dated: May 18, 1999.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 99-13206 Filed 5-25-99; 8:45 am]
BILLING CODE 3510-22-F
