[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]
[[Page 29627]]
_______________________________________________________________________
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.
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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subsistence whaling by removing outdated provisions, codifying current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.
[[Page 29629]]
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
[[Page 29630]]
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
[[Page 29631]]
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
