Chapter III — Species of Special Concern 
increased take by Alaska Natives. Concerned that the 
subsistence take was jeopardizing the population, the 
IWC, acting on the advice of its Scientific Committee, 
eliminated the exemption under International Whaling 
Convention’s Schedule of Regulations that allowed 
Alaska Natives to take bowhead whales for subsis- 
tence purposes. That same year, the United States 
sought and secured reinstatement of the exemption, 
based largely on a pledge by the U.S. Commissioner 
to the IWC that the United States would undertake a 
comprehensive research program to closely monitor 
the status and trends of the western Arctic bowhead 
whale population. 
In 1982 the IWC added a new paragraph, 13(a), to 
its Schedule of Regulations setting forth principles and 
guidelines for establishing catch limits for aborigi- 
nal/subsistence whaling. The new measure formally 
recognized the distinction between commercial and 
aboriginal/subsistence whaling. It also codified the 
IWC’s past practice of attempting to strike a balance 
between the subsistence, cultural, and nutritional 
needs of aboriginal people and the need to protect 
affected whale stocks. Specifically, the new para- 
graph states that “[FJor stocks below the maximum 
sustainable yield (MSY) level but above a certain 
minimum level, aboriginal/subsistence catches shall be 
permitted so long as they are set at a level which 
allows the whale stock to move to the MSY level.” 
Allowable catch levels established by the IWC are 
based on advice from its Scientific Committee and are 
recommended to member nations as actions to be 
implemented. 
To implement the new measure, the U.S. Depart- 
ment of the Interior developed a quantitative proce- 
dure for determining the nutritional, subsistence, and 
cultural needs of the Alaska Eskimos. Based on data 
available in 1983, the subsistence and cultural need 
for bowhead whales was established at 26 animals 
landed per year. Considering new sources of data 
from research in nine Alaska Native whaling villages, 
this estimate was revised in 1988 to 41 whales landed 
per year. 
The United States subsequently requested and 
received from the IWC an annual quota of 41 whales 
landed or a maximum of 47 animals struck for the 
years 1989, 1990, and 1991. In 1991, the United 
55 
States requested a quota of 54 strikes per year for the 
years 1992, 1993, and 1994 with no more than 41 
whales landed in any one year (Table 7). The IWC 
adopted these proposed catch limits, along with a 
provision to allow Natives to carry over a combined 
total of up to 13 unused strikes from the 1989, 1990, 
and 1991 seasons. In 1991, 46 bowhead whales were 
struck and 27 were landed; in 1992, 50 whales were 
struck and 38 were landed. 
The Alaska Eskimo bowhead whale hunt is regulat- 
ed by the Alaska Eskimo Whaling Commission 
pursuant to a 1981 Memorandum of Understanding 
between the Commission and the Department of 
Commerce. The memorandum has been reviewed 
annually and the number of whales struck, landed, 
and lost by Alaska Natives has been consistent with 
the quotas established by the IWC. 
In August 1991 the Canadian Minister of Fisheries 
and Oceans issued a license to the western Arctic 
Inuvialuit community of Aklavik for the take of one 
bowhead whale. Canada, which is not a member of 
the IWC, did so without consulting the IWC. The 
Inuvialuit Natives subsequently struck two whales, one 
of which was landed. Absent consultations with the 
IWC, Canada’s action could be viewed as “diminish- 
ing the effectiveness” of the ITWC’s conservation 
program and grounds for certification under two 
relevant U.S. laws — the Pelly Amendment to the 
Fishermen’s Protective Act (22 U.S.C. § 1978) and 
Packwood-Magnuson Amendment to the Magnuson 
Fishery Conservation and Management Act (16 
U.S.C. § 1821(e)(2)). 
In response to U.S. concerns, the Canadian Am- 
bassador wrote to the U.S. Secretary of Commerce on 
30 September 1991, stating that a committee of 
officials from various Canadian Government depart- 
ments would review the issues and problems arising 
from the Inuvialuit bowhead whale hunt, including the 
Canadian Government’s position vis-a-vis the IWC. 
Because of the implications of the Canadian hunt for 
the conservation of bowhead whales, the Marine 
Mammal Commission wrote to the U.S. IWC Com- 
missioner on 5 December 1991, recommending that, 
notwithstanding the need to investigate the circum- 
stances surrounding issuance of the Canadian license, 
action be taken to certify the Government of Canada 
