Subpart A-- Introduction
S100.1 Purpose of
It is the purpose of the regulations contained herein to: (a) insure an efficient subsistence harvest of bowhead whales; and (b) provide a means within the Alaskan Eskimo customs and institution of limiting the bowhead whale harvest in order to prevent the extinction of such species.
S100.2 Scope of
The regulations contained herein apply to the subsistence hunting of bowhead whales by Eskimos located in the State of Alaska.
Subpart B -- Alaska Eskimo Whaling Commission
(a) The Alaska Eskimo Whaling Commission (hereinafter AEWC) is empowered to administer the regulations contained herein to insure that the purposes stated in S100.1 of these regulations are attained.
(b) The AEWC is empowered to enforce these regulations by:
(1) denying any person who violates these regulations the right to participate in hunting the bowhead whale.
(2)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 in lieu of, regulations contained herein.
(a) The AEWC shall administer and enforce the regulations contained herein (including any interim regulations).
(b) The AEWC shall conduct village educational 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.
(a) "bowhead whale" means a whale whose scientific name is Baleen 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) "Scientific Committee" means the committee established pursuant to S100.26 of these regulations.
(f) "traditional weapon" means a harpoon with line attached, darting gun, shoulder gun, lance or any other weapon approved by the AEWC with the concurrence of the Scientific Committee, as such a weapon in order to improve the efficiency of the bowhead whale harvest.
(i) "harpoon with line attached" means...
(ii) "darting gun harpoon" means. ..
(iii) "shoulder gun" means...
(iv) "lance" means. . .
(g) "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.
(h) "whaling village" means an Alaska Eskimo village in which resides a whaling captain and crew which participates in the harvest or attempted harvest of bowhead whales.
(i) "whaling season" means customary period of time in which the bowhead whale is harvested in either spring or fall.
(a) All whaling captains of whaling crews shall file and register with the AEWC on forms provided by the AEWC for that purpose which discloses his name, address, age, qualifications as captain, names of crew members, and his willingness to abide by the regulations of the AEWC and to require his crew to abide by those regulations.
(b) The AEWC shall take into account any reading or language difficulties in developing procedures and forms for registration.
(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; or
(2) harvested by the captain or his crews,
(3) all sightings of bowhead whales.
(b) Each whaling captain shall report the date, place, and time of any striking not resulting in harvesting and shall describe --
(1) the size of the bowhead whale,
(2) any known later attempted harvest or actual harvest of said whale, and
(3) the reason for the captain or crew not harvesting the whale -- e.g. environmental factors, the failure of traditional weapons, or other reason.
(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 whale.
(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 100.21(f).
(2) the bowhead whale may be struck with a harpoon darting gun with line and float attached or simultaneously with harpoon and shoulder gun or darting gun.
(3) use of shoulder gun or darting gun:
(i) when accompanied by harpoon with or without darting gun
(ii) after a line has been secured to the bowhead whale
(iii) when pursuing a wounded bowhead whale with a float attached.
The bowhead whale shall belong to the captain and crew which first strikes the bowhead whale in the manner described in S100.24.
S100.26 Level of
(a) The AEWC shall establish the levels of harvest and attempted harvest for each whaling village during each season. Such levels may be set by methods including, but not limited to, the following:
(i) Specification of number of whaling crews permitted to harvest or attempt to harvest bowhead whales during specified periods;
(ii) Specification of the size or age of whales which may be taken during specified periods, after consultation with the Scientific Committee.
(iii) Specification of the number of whales that may be taken by each crew.
(iv) Specification of the number of bowhead whales which may be harvested or attempted to be harvested by each village.
(b) The level of harvest supported by scientific data shall be no greater than that necessary to meet the nutritional needs of the Eskimo inhabitants of the State of Alaska.
(c) In establishing the levels of harvest and attempted harvest, the AEWC shall not establish levels of harvest or attempted harvest greater than the carrying capacity of the bowhead whale stock supporting scientific data.
(d) The carrying capacity of the bowhead whale stock shall be determined by a Scientific Committee appointed by the Polar Research Board of the National Academy of Sciences. The Scientific Committee shall consist of nine members who are qualified by reason of their education and experience to make objective determination concerning the carrying capacity of the bowhead whale stock.
(e) In determining the carrying capacity of the bowhead whale stock the Scientific Committee shall not consider any prospective threats to the species resulting from oil and gas development within the habitat of such species. This section may further be implemented by the Scientific Committee and the AEWC at a later date.
(f) The mortality rate for attempted harvest shall be determined by the Scientific Committee.
S100.31 Denial of
participation in harvest:
(a) Any person who the AEWC determines has violated the regulations contained herein 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 season nor more than five seasons.
(b) Any person who wilfully violates the regulations contained herein shall be subject to a fine of not more than $1,000 assessed by the AEWC. No person shall harvest or attempt to harvest the bowhead whale until such fine has been paid.
The Alaska Eskimo Whaling Commission Barrow, Alaska Jacob Adams, Chairman
Mayor Eben Hopson's
testimony before the Berger Commission has been reprinted and is
available for $2.00 from Advocacy Planning Associates, 610 H St.,
Anchorage, AK 99501.
A Canadian Royal Commission, headed by Supreme Court Justice Thomas Berger, conducted the Mackenzie Valley Pipeline Inquiry, on exhaustive two-year study of the likely impact of oil and gas development throughout the Western Canadian Arctic. Mayor Hopson was invited to testify and his testimony tells of the impact of oil and gas development on Alaska's Arctic coast. The 21-page document details the uses of local government in Coastal Zone Management.