29628 Federal Register / Vol. 61, No. 113 / Tuesday, June 11, 1996 / Rules and Regulations

DEPARTMENT OF COMMERCE the regulations implementing the notice, except where comments Whaling Convention Act of 1949 (16 addressed the points in the EA that National Oceanic and Atmospheric U.S.C. 916 et seq.). This final rule accompanied the proposed rule. Administration updates the whaling regulations to be Likewise, NMFS took note of comments consistent with current authorities and that were assertions of differing 15 CFR Part 902 usage of terms, eliminates duplicative or viewpoints or conclusions than unnecessary text, and reorganizes the reflected in the EA but that did not 50 CFR Part 230 regulations to make the regulations provide data to back up the assertion, [Docket No. 960312069±6153±02; I.D. easier for the public to use and to but no response is provided here. 022796F] reduce the volume and publication costs Comment: Two organizations objected of the regulations. to the provision allowing the sale of RIN 0648±AI81 This final rule also replaces outdated native handicrafts from whale products Whaling Provisions; Consolidation and language in the regulations with a (§ 230.4(f)). Response: Under the Marine Mammal Revision of Regulations; Collection-of- description of current practice (i.e., joint monitoring and enforcement of harvests Protection Act (MMPA), Alaska Natives Information Approval authorized by the IWC) through a are allowed to take whales for the AGENCY: National Marine Fisheries cooperative agreement between NOAA purpose of creating and selling Service (NMFS), National Oceanic and and a Native American whaling authentic native articles of handicrafts. Atmospheric Administration (NOAA), organization. Government monitoring, The United States has informed the IWC Commerce. and especially enforcement, has not of this provision; the IWC has never ACTION: Final rule. been feasible or desirable in the remote declared this practice to be contrary to areas in which whaling takes place. The the concept of aboriginal subsistence SUMMARY: NMFS revises and updates procedures currently practiced, which use. NOAA has provided a letter to the regulations pertaining to aboriginal are codified through this final rule, are AEWC acknowledging that the sale of subsistence whaling by removing considered more reliable and more cost handicrafts is allowed. outdated provisions, codifying current effective than the outdated procedures Under the Treaty of Neah Bay, the practice, incorporating current term they replace in the regulations. Makah Tribe would be allowed to sell usage, and reorganizing the remaining This final rule also provides a handicrafts made from non-edible whale provisions to make the whaling mechanism for a cooperative agreement parts. This rule thus recognizes the right regulations more concise, better with the Makah Tribe of northwest of both Native American groups to sell organized and, therefore, easier for the Washington State, which has a long handicrafts. public to use. In addition, the tradition of whaling, for monitoring and Comment: All three commenters felt regulations broaden the current enforcing any IWC-authorized whaling. that the rule should specify the number mechanism for regulating International This mechanism is similar to the of whales that may be struck. Whaling Commission (IWC) authorized successful practice with the AEWC. Response: The IWC does not normally whaling by the Alaska Eskimo Whaling Additional background and rationale allocate quotas of whales that may be Commission (AEWC) and other Native for these measures may be found in the struck. The only IWC quota expressed in American groups. This rule also adds a preamble to the proposed rule. terms of strike limits is the U.S. Alaska bowhead hunt, where ice conditions reference to an approved collection-of- Comments and Responses information under the Paperwork substantially increase the chances of Reduction Act (PRA). Three sets of written comments were losing a harpooned whale. Any strike EFFECTIVE DATE: July 11, 1996. received regarding the proposed rule. limit allocated by the IWC would be All were opposed to its adoption. incorporated into the cooperative ADDRESSES: Copies of the environmental Specific comments and responses are agreement, as is currently the case with assessment (EA) prepared for this action given below: the cooperative agreement between are available from: Chief, Marine Comment: All three organizations NOAA and the Alaska Eskimo Whaling Mammal Division, Office of Protected making comments opposed allowing the Commission. A cooperative agreement Resources, National Marine Fisheries Makah Tribe to initiate a harvest of gray could also incorporate strike limits, Service, 1315 East-West Highway, Silver whales. even if none was set by the IWC. Spring, MD 20910. Response: The rule does not in itself Comment: There should be no Comments regarding the burden-hour authorize whaling by the Makah Tribe provision for a cooperative agreement estimate or any other aspect of the or by any other Native American with Native American whaling collection-of-information requirement whaling organization. It sets up a organizations, especially with the contained in this rule should be sent to mechanism through which any Makah Tribe or any tribe within the the above individual and to the Office aboriginal subsistence whaling would contiguous United States. Commenters of Information and Regulatory Affairs, be managed, provided that the noted that the current part 230 of title Office of Management and Budget International Whaling Commission 50 of the Code of Federal Regulations (OMB), Attention: NOAA Desk Officer, (IWC) approves a quota for such use. At (CFR) requires that Commerce monitor Washington, D.C. 20503. its 1996 Annual Meeting, the IWC will all aboriginal whaling and to collect all FOR FURTHER INFORMATION CONTACT: Dr. review the questions raised by information directly. These Kevin Chu, (301) 713–2276. commenters, among others, as to the organizations felt that the proximity and SUPPLEMENTARY INFORMATION: appropriateness of the Makah request relatively localized whaling that might for a quota of five gray whales. Because be conducted by the Makah Tribe would Background the rule does not authorize whaling allow for direct oversight by the U.S. Consistent with the President’s outside the IWC, and does not reflect on Government. Regulatory Reinvention Initiative, the appropriateness of any whaling Response: The cooperative agreement NMFS published a proposed rule on proposal or practice, specific comments with the Makah Tribe specifies that U.S. April 9, 1996 (61 FR 15754) to carry out on possible future whaling by the Government personnel will monitor the the President’s directive with respect to Makah Tribe are not addressed in this hunt. Federal Register / Vol. 61, No. 113 / Tuesday, June 11, 1996 / Rules and Regulations 29629

Nothing in any cooperative agreement elsewhere in the Code of Federal ‘‘Whaling crew means those Native for the co-management of whaling Regulations, as noted in § 230.1. Americans under the control of a operations relieves the Department of Comment: One commenter expressed captain.’’ Commerce of its obligations under the concern that sections previously in 50 Comment: The term ‘‘wasteful WCA, the MMPA, the Endangered CFR part 230 under ‘‘Records and manner’’ should include the use and Species Act (ESA) or any other statute. Reports,’’ ‘‘Prohibited Acts,’’ ‘‘Reporting waste of whale products after landing. Comment: One organization felt that by Whaling Captains,’’ ‘‘Records’’ and Response: NMFS agrees. The term has arguments supporting replacement of ‘‘Inspection and Enforcement’’ are the same meaning as the definition at the current regulations were based on omitted in the new rule. The commenter § 216.3: ‘‘Wasteful manner means any insufficient support and questionable specifically recommended that a more taking or method of taking which is assumptions, especially regarding the thorough examination and likely to result in the killing of marine statement that Government oversight consideration of these sections be made mammals beyond those needed for would either be unreliable or (possibly by a task force) and evaluated subsistence or for the making of excessively expensive. This prior to excluding them from the new authentic native articles of handicrafts organization also expressed concern rule. and clothing or which results in the over the accuracy of reporting and Response: The above sections and waste of a substantial portion of the success in enforcement of harvests others that are eliminated from the marine mammal and includes, without under joint management with Native previous version of 50 CFR part 230 limitation, the employment of a method American tribes. referred only to commercial whaling. of taking which is not likely to assure Response: In Alaska, a minimum Many sections had not been amended the capture or killing of a marine requirement of reliable Government for 25 years. Commercial whaling is not mammal, or which is not immediately oversight would be placing an allowed in the United States so there is followed by a reasonable effort to enforcement agent in each of the ten no need to keep these archaic retrieve the marine mammal.’’ whaling villages during the whaling regulations on the books. Comment: Whaling villages should be seasons, approximately four months a Comment: The definition of ‘‘calf’’ specifically listed, as they are in current year. This level of enforcement would should be any offspring still dependent regulations. detract substantially from other on behavior and nutrition and in the Response: The list of U.S. whaling enforcement efforts in Alaska, and could physical dependence of a parent female. villages for which the IWC quota is not guarantee accurate information. Response: The proposed definition of authorized is available from NMFS. Whaling camps are often miles away ‘‘calf,’’ i.e., any whale less than 1 year Comment: The definition of ‘‘whaling from the villages, and whaling could old, allows for an objective village’’ should be changed to read ‘‘ still take place without the knowledge measurement of whether an infraction ** *any U.S. village * * *having a of town-based agents. The only way to has occurred when a carcass is being cultural and subsistence need for guarantee accurate information would examined. While behavioral aspects and whaling’’ instead of ‘‘having a cultural be to have an enforcement agent at each the presence of a parent female define and/or subsistence need for whaling’’. whaling camp. This would require the a calf from a biological point of view, Response: NMFS believes that the use of up to 40 enforcement personnel these characteristics cannot be used current language more accurately and would entail large costs for after the fact to determine whether a calf reflects the interpretation of the IWC of equipment and supplies as well. was taken. An exception to this is the the requirements for aboriginal whaling. The commenter is correct that there presence of milk in the stomach as an Comment: The prohibition on sale has been no study which has examined indicator of nursing. Therefore, the should be amended to include the accuracy of tribal whaling reporting definition of ‘‘calf’’ is amended to read prohibitions on barter, give for free, and or success in enforcement. It would be ‘‘any whale less than 1 year old or trade, in order to recognize non- difficult to conduct any definitive study having milk in its stomach.’’ currency exchanges of value that may on this matter, since the presence of Comment: One organization requested escape being subject to violations of the outside observers needed to confirm that the term ‘‘person’’ be defined using Convention. catch statistics would automatically IWC criteria of cultural and subsistence Response: The above practices, change the reporting situation. NMFS need. The organization specifically felt particularly ‘‘give for free,’’ are essential considers it unlikely that whaling that it was not appropriate for U.S. to the cultural value of whaling. A would be able to occur in Neah Bay regulations to allow commercial vessels whaling crew cannot consume an entire without the knowledge of NMFS and crew to whale on behalf of whale, at least not without significant officials stationed there (when present) aboriginals. waste. The gifting of whale meat and or other non-Native persons. Response: Commercial whaling is muktuk between families and villages is Comment: One organization objected prohibited in the United States. While it a central ritual of whaling in Alaska. that quotas were not specified in the seems unlikely that commercial whaling Likewise, the Makah tradition of rule. vessels or crew would offer to whale on potlatch is still a key part of the Tribe’s Response: The rule does not set behalf of U.S. aboriginals or that Native social fabric. Prohibiting such practices quotas or authorize whaling outside of American whaling organizations would would be counter to the concept of action by the IWC. If the IWC authorizes welcome such an offer, the definitions aboriginal whaling. an aboriginal subsistence hunt, the in the rule of ‘‘whaling captain’’ and Comment: Penalties for violations quota will be specified in the ‘‘whaling crew’’ can be amended to should be listed in the rule. cooperative agreement, as will any clarify that whaling is only allowed by Response: The absence of specific limits on strikes. Native Americans. The revised penalties does not imply that there are Comment: The revised definition of definitions are as follows: no penalties for violations of the rule. whaling does not include ‘‘harassment,’’ ‘‘Whaling captain or captain means The WCA and the MMPA both contain as it does in the earlier version of 50 any Native American who is authorized specific penalties in terms of fines, CFR part 230. by a Native American whaling imprisonment or other sanctions for Response: Regulations concerning organization to be in charge of a vessel violation of their provisions. Penalties ‘‘harassment’’ of whales are covered and whaling crew.’’ are not listed in this rule because the 29630 Federal Register / Vol. 61, No. 113 / Tuesday, June 11, 1996 / Rules and Regulations cooperative agreements may delegate Comment: The names and villages of re-assess its obligations under the some enforcement functions to the members of the whaling crew should be National Environmental Policy Act. Native American whaling organizations. required. Comment: The Finding of No Nevertheless, the Department of Response: This requirement would Significant Impact in the EA ignores the Commerce has specific responsibilities add a regulatory burden without cumulative effect of a possible under the law. If the cooperative obviously improving the management of resumption of whaling by other Native agreement is not succeeding in fulfilling whaling. groups if the Makah Tribe is allowed to those responsibilities, the Department Comment: Please clarify the statement hunt for whales. will, after consultation with the relevant in the Environmental Assessment Response: The Makah proposal must Native American whaling organization, asserting that past aboriginal whaling be judged on its own merits. We have assert its federal management and levels were higher than they are today. no information that other American enforcement authority. Response: The Soviet Union took Native groups are interested in resuming Comment: In § 230.4(g)(1), the word approximately 169 gray whales a year whaling. from the 1970s until 1990. Alaska ‘‘quota’’ should be preceded by the Changes from the Proposed Rule words ‘‘struck or landed’’. Eskimos occasionally took a few gray Response: In this context, ‘‘quota’’ whales (fewer than 10) during that time The definition of ‘‘calf’’ is amended to means either the quota of strikes or as well. The current quota for gray read ‘‘any whale less than one year old quota of landed whales, or both. whales is 140 animals. or having milk in its stomach. Comment: The whale-watching Comment: In § 230.4(h), the words ‘‘or The definitions of ‘‘Whaling captain’’ industry could be affected by consumer crew’’ should be inserted after the word and ‘‘Whaling crew’’ are amended to boycotts in Washington State or by ‘‘captain’’. clarify that whaling is only allowed by changes in behavior of whales due to Response: This suggestion does not Native Americans by replacing the word hunting. Therefore, the economic ‘‘person’’ with the words ‘‘Native appear to improve the management of impacts described in the Environmental whaling. It only adds an additional American’’. Assessment have a potential negative Section 3506(c)(B)(i) of the PRA requirement without gaining any side. requires that agencies inventory and substantive improvement in monitoring Response: Any possibility of a display a current control assigned by the or controlling the hunt. Therefore, the consumer boycott of whale watch Director of OMB for each agency suggestion is rejected. industries in Washington State is highly information collection. Comment: In § 230.5(a), the phrase speculative. 15 CFR 902.1(b) identifies the location ‘‘after written concurrence from the It is possible that a resumption of of NOAA regulations for which OMB Assistant Administrator’’ (AA) should whaling by the Makah Tribe would approval numbers have been issued. be inserted after ‘‘whaling captains’’. affect the behavior of gray whales This final rule adds the OMB approval Response: This provision constitutes around boats in general. It may prove number for an approved collection-of- the granting of a license by NOAA; an difficult to demonstrate that whales information requirement to the table in additional endorsement by the AA change their behavior in response to 15 CFR 902.1(b). would not gain any substantive whaling, even if observers believe that Under NOAA Administrative Order improvement in monitoring or such a change does occur. Furthermore, 205-11, 7.01, dated December 17, 1990, controlling the hunt. Therefore, the if changes in behavior can be the Under Secretary for Oceans and suggestion is rejected. demonstrated, it would be difficult to Atmosphere has Comment: Tallies of struck and attribute them to any particular cause, delegated authority to sign material landed whales should be in real time, since whale behavior is not well for publication in the Federal Register with daily reporting to prevent over- understood. Nevertheless, NMFS will to the Assistant Administrator for harvesting. initiate research this summer on gray Fisheries, NOAA. Response: In current practice, the whales in the Makah area and in Puget AEWC reports in nearly real time, Sound. This research is intended to help Classification reporting every few days and sometimes differentiate resident whales which may NMFS prepared an EA for this action daily during the whaling seasons. swim near Seattle and other local whale and the AA concluded that there will be Toward the end of the season, each watching areas, from whales that are no significant impact on the human whale catch is reported as it is logged migrating past Neah Bay. It may provide environment as a result of this rule. This in by the AEWC. The quota has never information on effects of whaling, if it revision of the whaling regulations will been exceeded. resumes, on whale behavior. have no impact on the status of any Comment: If the Native American Comment: One organization disagreed endangered species, as these revisions whaling organization fails to close the with the Environmental Assessment’s have no affect on the quotas for whaling season after the quota has been conclusion that there would be no aboriginal subsistence whaling reached, the rule should require the economic or social impacts from this authorized by the IWC. A copy of the Assistant Administrator to close it by revision to the whaling regulations. EA is available from NMFS (see filing a notice in the Federal Register. Therefore, it called for a Supplemental ADDRESSES). The Assistant Administrator should be Environmental Impact Statement to This final rule has been determined to required to notify the whaling address issues raised in its testimony. be not significant for the purposes of organization within one business day Response: Because these regulations E.O. 12866. that the season has been closed. do not directly alter the status quo, The Assistant General Counsel for Response: The current wording of the NMFS does not see a need for an Legislation and Regulation of the rule allows some discretion for unusual Environmental Impact Statement. It Department of Commerce certified to circumstances (such as an ambiguity will, however, take note of the issues the Chief Counsel for Advocacy of the about whether a quota has been met), raised, particularly of the possible Small Business Administration that this but clearly gives the Assistant impact of whaling on whale watch rule will not have a significant Administrator the authority to close a operations. If the IWC authorizes economic impact on a substantial season after a quota has been reached. whaling by the Makah Tribe, NMFS will number of small entities. This final rule Federal Register / Vol. 61, No. 113 / Tuesday, June 11, 1996 / Rules and Regulations 29631 does not change the regulations that 15 CFR Chapter IX Secretary of Commerce or the allow whaling only for subsistence and Commandant of the Coast Guard to cultural use. Only two Native American PART 902ÐNOAA INFORMATION enforce the provisions of the Whaling groups have expressed an interest in COLLECTION REQUIREMENTS UNDER Convention Act; or whaling; this rule broadens, rather than THE PAPERWORK REDUCTION ACT: (4) Any Coast Guard personnel restricts, the opportunities for Native OMB CONTROL NUMBERS accompanying and acting under the American groups to renew whaling direction of any person described in traditions if the IWC grants the U.S. 1. The authority citation for part 902 paragraph (1) of this definition. request for a quota. As a result, a continues to read as follows: Calf means any whale less than 1 year regulatory flexibility analysis was not Authority: 44 U.S.C. 3501 et seq. old or having milk in its stomach. prepared. If the IWC authorizes whaling 2. In § 902.1, paragraph (b), the table Commission means the International by the Makah Tribe, NMFS will re- is amended by adding in the left Whaling Commission established by assess its obligations under the National column, under 50 CFR, in numerical article III of the Convention. Environmental Policy Act. order, the entry ‘‘230.8’’, and in the right Convention means the International This rule contains collection-of- column, in the corresponding position, Convention for the Regulation of information requirements subject to the the control number ‘‘-0311’’. Whaling signed at Washington on PRA that have been approved by OMB December 2, 1946. under OMB control number 0648-0311. 50 CFR Chapter II Cooperative agreement means a The average burden for these collections written agreement between the National is estimated to be approximately 0.5 3. Part 230 is revised to read as Oceanic and Atmospheric hours per response for whaling captains’ follows: Administration and a Native American whaling organization for the cooperative reports and 5 hours per response for PART 230ÐWHALING PROVISIONS Native American whaling organizations management of aboriginal subsistence to report whaling activity to NMFS. Sec. whaling operations. These estimates include the time for 230.1 Purpose and scope. Landing means bringing a whale or reviewing instructions, searching 230.2 Definitions. any parts thereof onto the ice or land in existing data sources, gathering and 230.3 General prohibitions. the course of whaling operations. maintaining the data needed, and 230.4 Aboriginal subsistence whaling. Native American whaling completing and reviewing the collection 230.5 Licenses for aboriginal subsistence organization means an entity recognized whaling. of information. Send comments by the National Oceanic and 230.6 Quotas and other restrictions. Atmospheric Administration as regarding these reporting burden 230.7 Salvage of stinkers. estimates or any other aspect of the 230.8 Reporting by whaling captains. representing and governing Native American whalers for the purposes of collections of information, including Authority: 16 U.S.C. 916 et seq. suggestions for reducing the burdens, to cooperative management of aboriginal NMFS and OMB (see ADDRESSES). § 230.1 Purpose and scope. subsistence whaling. Notwithstanding any other provision The purpose of the regulations in this Regulations of the Commission means of law, no person is required to respond part is to implement the Whaling the regulations in the Schedule annexed to, nor shall a person be subject to a Convention Act (16 U.S.C. 916 et seq.) to and constituting a part of the penalty for failure to comply with, a by prohibiting whaling except for Convention, as modified, revised, or collection of information subject to the aboriginal subsistence whaling allowed amended by the Commission from time requirements of the PRA unless that by the International Whaling to time. collection of information displays a Commission. Provisions of the Marine Stinker means a dead, unclaimed currently valid OMB Control Number. Mammal Protection Act of 1972 (16 whale found upon a beach, stranded in The AA determined that this final U.S.C. 1361 et seq.) and the Endangered shallow water, or floating at sea. rule will not affect any endangered or Species Act of 1973 (16 U.S.C. 1531 et Strike means hitting a whale with a threatened species or critical habitat seq.) also pertain to human interactions harpoon, lance, or explosive device. under the ESA and that whaling with whales. Rules elsewhere in this Wasteful manner means a method of activities conducted under this rule will chapter govern such topics as scientific whaling that is not likely to result in the have no adverse effects on marine research permits, and incidental take landing of a struck whale or that does mammals, beyond what is authorized by and harassment of marine mammals. not include all reasonable efforts to the IWC. retrieve the whale. § 230.2 Definitions. Whale products means any List of Subjects Aboriginal subsistence whaling means unprocessed part of a whale and 15 CFR Part 902 whaling authorized by paragraph 13 of blubber, meat, bones, whale oil, sperm the Schedule annexed to and oil, spermaceti, meal, and baleen. Reporting and recordkeeping Whaling means the scouting for, requirements. constituting a part of the Convention. Assistant Administrator means the hunting, striking, killing, flensing, or 50 CFR Part 230 Assistant Administrator for Fisheries of landing of a whale, and the processing of whales or whale products. Fisheries, Indians, Marine mammals, the National Oceanic and Atmospheric Whaling captain or captain means Reporting and recordkeeping Administration. any Native American who is authorized requirements. Authorized officer means: (1) Any commissioned, warrant, or by a Native American whaling Dated: June 4, 1996. petty officer of the U.S. Coast Guard; organization to be in charge of a vessel Gary Matlock, (2) Any special agent or enforcement and whaling crew. Program Management Officer, National officer of the National Marine Fisheries Whaling crew means those Native Marine Fisheries Service. Service; Americans under the control of a For the reasons set out in the (3) Any officer designated by the head captain. preamble, 15 CFR chapter IX and 50 of a Federal or state agency that has Whaling village means any U.S. CFR chapter II are amended as follows: entered into an agreement with the village recognized by the Commission as 29632 Federal Register / Vol. 61, No. 113 / Tuesday, June 11, 1996 / Rules and Regulations having a cultural and/or subsistence (h) No whaling captain shall claim each harpoon, lance, or explosive dart need for whaling. domicile in more than one whaling found in or attached to the stinker. The village. device shall be returned to the owner § 230.3 General prohibitions. (i) No person may salvage a stinker thereof promptly, unless it is retained as (a) No person shall engage in whaling without complying with the provisions evidence of a possible violation. in a manner that violates the of § 230.7. (b) There shall be a rebuttable Convention, any regulation of the (j) No whaling captain shall engage in presumption that a stinker has been Commission, or this part. whaling with a harpoon, lance, or struck by the captain whose mark (b) No person shall engage in whaling explosive dart that does not bear a appears on the harpoon, lance, or without first having obtained a license permanent distinctive mark identifying explosive dart found in or attached or scientific research permit issued by the captain as the owner thereof. thereto, and, if no strike has been the Assistant Administrator. (k) No whaling captain shall engage in reported by such captain, such strike (c) No person shall ship, transport, whaling in a wasteful manner. shall be deemed to have occurred at the purchase, sell, offer for sale, import, time of recovery of the device. export, or possess any whale or whale § 230.5 Licenses for aboriginal products taken or processed in violation subsistence whaling. § 230.8 Reporting by whaling captains. (a) A license is hereby issued to of the Convention, any regulation of the (a) The relevant Native American whaling captains identified by the Commission, or this part, except as whaling organization shall require each relevant Native American whaling specified in § 230.4(f). whaling captain licensed pursuant to organization. (d) No person shall fail to make, keep, § 230.5 to provide a written statement of submit, or furnish any record or report (b) The Assistant Administrator may suspend the license of any whaling his/her name and village of domicile required of him/her by the Convention, and a description of the distinctive any regulation of the Commission, or captain who fails to comply with the regulations in this part. marking to be placed on each harpoon, this part. lance, and explosive dart. (e) No person shall refuse to permit § 230.6 Quotas and other restrictions. any authorized officer to enforce the (b) Each whaling captain shall Convention, any regulation of the (a) Quotas for aboriginal subsistence provide to the relevant Native American Commission, or this part. whaling shall be set in accordance with whaling organization an oral or written the regulations of the Commission. report of whaling activities including § 230.4 Aboriginal subsistence whaling. Quotas shall be allocated to each but not limited to the striking, (a) No person shall engage in whaling village or captain by the attempted striking, or landing of a whale aboriginal subsistence whaling, except a appropriate Native American whaling and, where possible, specimens from whaling captain licensed pursuant to organization. The Assistant landed whales. The Assistant § 230.5 or a member of a whaling crew Administrator shall publish in the Administrator is authorized to provide under the control of a licensed captain. Federal Register, at least annually, technological assistance to facilitate (b) No whaling captain shall engage in aboriginal subsistence whaling quotas prompt reporting and collection of whaling that is not in accordance with and any other limitations on aboriginal specimens from landed whales, the regulations of the Commission, this subsistence whaling deriving from including but not limited to ovaries, ear part, and the relevant cooperative regulations of the Commission. These plugs, and baleen plates. The report agreement. quotas and restrictions shall also be shall include at least the following (c) No whaling captain shall engage in incorporated in the relevant cooperative information: whaling for any calf or any whale agreements. (1) The number, dates, and locations accompanied by a calf. (b) The relevant Native American of each strike, attempted strike, or (d) No whaling captain shall engage in whaling organization shall monitor the landing. whaling without an adequate crew or whale hunt and keep tally of the (2) The length (taken as the straight- without adequate supplies and number of whales landed and struck. line measurement from the tip of the equipment. When a quota is reached, the upper jaw to the notch between the tail (e) No person may receive money for organization shall declare the whaling flukes) and the sex of the whales participation in aboriginal subsistence season closed, and there shall be no landed. whaling. further whaling under that quota during (3) The length and sex of a fetus, if (f) No person may sell or offer for sale the calendar year. If the organization present in a landed whale. whale products from whales taken in an fails to close the whaling season after (4) An explanation of circumstances aboriginal subsistence hunt, except that the quota has been reached, the associated with the striking or authentic articles of Native handicrafts Assistant Administrator may close it by attempted striking of any whale not may be sold or offered for sale. filing notification in the Federal landed. (g) No whaling captain shall continue Register. to whale after: (c) If the relevant Native American (1) The quota set for his/her village by § 230.7 Salvage of stinkers. whaling organization fails to provide the the relevant Native American whaling (a) Any person salvaging a stinker National Marine Fisheries Service the organization is reached; shall submit to the Assistant required reports, the Assistant (2) The license under which he/she is Administrator or his/her representative Administrator may require the reports to whaling is suspended as provided in an oral or written report describing the be submitted by the whaling captains § 230.5(b); or circumstances of the salvage within 12 directly to the National Marine Fisheries (3) The whaling season for that hours of such salvage. He/she shall Service. species has been closed pursuant to provide promptly to the Assistant [FR Doc. 96–14731 Filed 6–10–96; 8:45 am] § 230.6. Administrator or his/her representative BILLING CODE 3510±22±F