THE MARINE MAMMAL COMMISSION COMPENDIUM
AGREEMENTS INVOLVING NATIVE ALASKAN GROUPS / MARINE MAMMALS
First Update; pages 1003-1008
Done at Washington, D.C., 5 May 1984
Primary source citation: Copy of text provided by the National Oceanic and Atmospheric Administration of the U.S. Department of Commerce
COOPERATIVE AGREEMENT BETWEEN THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION AND THE ALASKA ESKIMO WHALING COMMISSION, AS AMENDED
The purposes of this agreement are to protect the bowhead whale and the Eskimo culture, to promote scientific investigation of the bowhead whale, and to effectuate the other purposes of the Marine Mammal Protection Act, the Whaling Convention Act and the Endangered Species Act as these acts may relate to aboriginal subsistence whaling.
In order to achieve these purposes, this agreement provides for:
(a) cooperation between members of the Alaska Eskimo Whaling Commission (AEWC) and the National Oceanic and Atmospheric Administration (NOAA) in management of the bowhead whale hunt for 1981 through 1987; and
(b) an exclusive enforcement mechanism that shall apply during the term of this agreement to any violation by whaling captains (or their crews) who are registered members of the AEWC of any provisions of the Marine Mammal Protection Act, the Endangered Species Act, or the Whaling Convention Act, as these acts may relate to aboriginal subsistence whaling, of the International Convention for the Regulation of Whaling, 1946, of regulations of the International Whaling Commission, or of any provisions of this agreement.
3. INSPECTION AND REPORTING
(1) The number, dates, and locations of every strike or landing;
(2) The length (as measured from the point of the upper jaw to the notch between the tail flukes), the extreme width of the flukes, and the sex of the bowhead whales landed;
(3) The length and sex of a fetus, if present, in a landed bowhead whale; and
(4) An explanation of circumstances associated with the striking of any bowhead whale not landed, and an estimate of whether a harpoon or bomb emplacement caused a wound which might be fatal to the animal (e.g., the harpoon entered a major organ of the body cavity and the bomb exploded).
NOAA will provide technical assistance in collection' of the above information. The AEWC shall assist appropriate persons in collection of specimens from landed whales, including but not limited to ovaries, ear plugs, and baleen plates. Such specimens shall be available to appropriate government officials. NOAA personnel cooperating with AEWC will work closely with the AEWC Commissioner in each whaling village to facilitate the accurate monitoring of the hunt.
(2) The AEWC may determine the allocation of these permitted strikes among the whaling villages.
(2) In consideration of the AEWC's agreement hereunder, the Government of the United States agrees that the enforcement provision described in paragraph (1) of this section shall be the exclusive enforcement mechanism that shall apply during the term of this agreement to any violation by whaling captains or their crews who are registered members of the AEWC of any provisions of the Marine Mammal Protection Act, the Endangered Species Act, or the Whaling Convention Act as these Acts may relate to aboriginal subsistence whaling, of the International Convention for the Regulation of Whaling, 1946, of any regulations of the International Whaling Commission, or of any provisions of this agreement.
(3) The AEWC annually will furnish NOAA the names of all registered whaling captains.
This agreement is in effect from March 26, 1981 through December 31, 1987.
Subsection 100.1 "Purpose of Regulations.
It is the purposes of the regulations contained herein to:
(a) insure an efficient subsistence harvest of bowhead whales;
(b) provide a means within the Alaska Eskimo customs and institution of limiting the bowhead whale harvest in order to prevent the extinction of such species; and
(c) provide for Eskimo regulation of all whaling activities by Eskimos who are members of the Alaska Eskimo Whaling Commission.
Subsection 100.2 "Scope of Regulations.
The regulations contained herein apply to the subsistence hunting of whales by Eskimos who are members of the Alaska Eskimo Whaling Commission.
Subpart B--Alaska Eskimo Whaling Commission
Subsection 100.11 "Powers.
(a) The Alaska Eskimo Whaling Commission (hereinafter AEWC) is empowered to administer the regulations contained herein to insure that the purposes in Subsection 100.1 of these regulations are attained.
(b) The AEWC is empowered to enforce the regulations by:
(1) denying any person who violates these regulations the right to participate in hunting bowhead whales.
(2) making civil assessments.
(3) acting as an enforcement agent for any governmental entity authorized to enforce these regulations.
(c) The AEWC is empowered to promulgate interim regulations that are in addition to, but not inconsistent with regulations contained herein.
Subsection 100.12 "Duties.
(a) The AEWC shall administer and enforce the regulations contained herein (including any interim regulations).
(b) The AEWC shall conduct village education programs to facilitate compliance with these regulations, including training programs for whaling captains and crews.
(c) The AEWC shall initiate research for improvement of the accuracy and reliability of weapons.
Subsection 100.21 "Definitions.
(a) "bowhead whale" means a whale whose scientific name is "baleana mysticetus and which migrates past whaling villages in Alaska. (b) "captain" means the person in charge of a whaling crew.
(c) "harvest" means to kill and bring to shore or butchering area.
(d) "non-traditional weapons" means any instrument that could be used to harvest a bowhead whale that is not a traditional weapon.
(e) "traditional weapon" means a harpoon with line attached, darting gun, shoulder gun, lance or any other weapon approved by the AEWC as such a weapon in order to improve the efficiency of the bowhead whale harvest.
(1) "harpoon with line attached" means a harpoon with a rotating head which is attached to a line and float and which has no explosive charge. (See Figures 7 and 8 of Appendix E of the FEIS on the International Whaling Commission's Deletion of Native Exemption for the Subsistence Harvest of Bowhead Whales. (October 1977) (hereinafter FEIS).
(2) "darting gun harpoon" means a harpoon with an explosive charge and with a line and float attached. (See Appendix E of FEIS in Figure 4).
(3) "shoulder gun" means a whaling gun, adapted from the era of commercial whaling in the 19th century, which has an explosive charge and which has no attached line and float. (See Appendix E of the FEIS in Figure 5.)
(4) "lance" means a non-explosive sharply pointed weapon without a harpoon head.
(f) "whaling crew" means those persons who participate directly in the harvest or attempted harvest of the bowhead whale and are under the supervision of a captain.
(g) "whaling village" means the Alaska Eskimo Whaling village in which resides a whaling captain and crew which participates in the harvest of bowhead whales and which is represented by a Commissioner of the AEWC. (h) "whaling season" means customary period of time during which the bowhead whale is harvested, either in the Spring or Fall.
Subsection 100.22 "Registration.
(e) Each captain shall register with the AEWC on forms provided by the AEWC for that purpose which disclose his name, address, age, qualifications as a captain, and his willingness to abide by the regulations of the AEWC and to require his crew to abide by those regulations.
(f) The AEWI shall take into account any reading or language difficulties in developing procedures and forms for registration.
Subsection 100.23 "Reports.
(a) Each whaling captain shall be responsible for keeping a written record of the number of whales:
(1) attempted to be harvested by using traditional weapons but not harvested,
(2) harvested by the captain or his crew, and
(3) sighted by the captain and his crew.
(b) Each whaling captain shall report the date, place, and time of any striking not resulting in harvesting and shall describe:
(1) the size and type of bowhead whale,
(2) any known latter attempted harvest or actual harvest of said whale,
(3) the reason for the captain or crew not harvesting the whale, i.e., environmental factors, the failure of traditional weapons, or other reasons, and
(4) the conditions of the whale that was not harvested.
(c) Each whaling captain shall make such other reports as the AEWC requires in order to accomplish the purposes of the regulations herein or in order to advance the scientific knowledge of the bowhead whales.
Subsection 100.24 "Permissible Harvesting Methods.
(a) No whaling captain or crew shall harvest or attempt to harvest the bowhead whale in any manner other than the traditional harvesting manner.
(b) "Traditional harvesting manner" means:
(1) only traditional weapons shall be used as defined in Subsection 100.21(e).
(2) the bowhead whale may be struck with a harpoon or darting gun with line and float attached.
(3) the shoulder gun may be used:
(i) after a line has been secured to the bowhead whale, or
(ii) when pursuing a wounded bowhead whale with a float attached to it.
(4) the lance may be used after a line has been secured to the bowhead whale.
(c) Whaling captains and crews should harvest bowhead whales that are less than 40 feet plus(+) or minus(-) 15% in length.
Subsection 100.25 "Traditional Proprietary Claim.
The bowhead whale shall belong to the captain and crew which first strikes the bowhead whale in the manner described in Subsection 100.24. Subsection 100.26 "Level of Harvest.
(a) The AEWC shall establish the levels of harvest or attempted harvest for each whaling village during each season or seasons.
(b) In establishing the levels of harvest or attempted harvest, the AEWC shall consult each whaling village.
Subsection 100.31 "Denial of Participation in Harvest and Fines.
(a) Any person who the AEWC determines has violated the regulations contained in subsection 100.24(a) and (b) and subsection 100.26 shall, after opportunity for a hearing before the AEWC, be prohibited from harvesting or attempting to harvest the bowhead whale for a period of not less than one whaling season nor more than five whaling seasons, and/or
(b) Any person who violates the regulations contained in subsection 100.24(a) and (b) and subsection 100.26 herein shall be subject to a fine of not less than $1,000 nor more than $10,000 as assessed by AEWC. The AEWC shall assess other fines at levels it deems appropriate, not to exceed $10,000, for other violations of this Management Plan or federal law. No person shall harvest or attempt to harvest the bowhead whale until such fine has been paid.
AEWC REGULATIONS FOR THE 1984 WHALING SEASON
Pt. Hope 4
Little Diomede "0
B. The AEWC asks each village to transfer its unused strikes to another village.
9. "LIMITATION OF USE
[Signature] John V. Byrne, Administrator National Oceanic and Atmospheric Administration
[Signature] John Oktollik, Chairman Alaska Eskimo Whaling Commission