Containing documents of general applicability and legal effect issued by Federal Agencies and filed with the Division of the Federal Register during the calendar year 1940, including Presidential proclamations, Executive Division of the Federal Register, The National Archives Catch log book to be maintained. 2.12 Length of whale to be measured. 2.13 Fullest use to be made of all whales 2.14 Inspection of whaling operations. 2.15 Duties of master or person in charge. 2.16 Regulations not applicable to dolphins 2.17 Regulations not to restrict other au- thority conferred upon inspectors. 2.19 Previous regulations superseded. (a) “Convention" means the Conven- (b) "Act" means the Whaling Treaty (c) "Inspector" means any officer of (d) "Factory ship" means a ship in (e) "Whale catcher" means a ship 263288-42—SUPP, III- -79 level in a straight line between the tip of the upper jaw and the notch between (h) "Baleen whale" means any whale having blades of whalebone attached to (i) "Right whale" means any whale known by the name of Atlantic right whale, Arctic right whale, Biscayan right whale, bowhead, great polar whale, Greenland right whale, Greenland whale, Nordkaper, North Atlantic right (j) "Gray whale" means any whale (k) "Blue whale" means any whale (1) "Fin whale" means any whale (m) "Humpback whale" means any (n) "Sei whale" means any whale Page 4505 whale, pollock whale, or Rudolphi's | shall be seized within the territorial wawhale. (o) "Least rorqual whale" means any whale known by the name of least rorqual whale, Davidson's piked whale, little piked whale, Minke's whale, or sharpnosed finner. (p) "Calf" means any suckling baleen whale having a length less than that prescribed by section 4 of the Act.** ters of any other sovereign power, its possessions, territories, or colonies.*† § 2.4 Hunting, etc., of baleen whales, permitted. Except as provided in §§ 2.52.9, the hunting, taking, capturing, killing, possession, șale, purchase, shipment, transportation, carriage, import, or export of any baleen whale, or the possession, sale, purchase, shipment, transportation, carriage, import or export of any part or product thereof, is compatible with the terms of the Convention and is permitted by the regulations in this *§§ 2.1 to 2.19, inclusive, issued under authority contained in 49 Stat. 1246; 16 U.S.C. Sup., 901-915, to give effect to the Convention for the regulation of whaling, effective January 16, 1935, 49 Stat. 3079, the International Agreement for the Regulation of Whal-part.*+ ing, effective May 7, 1938, 52 Stat. 1460, and the Protocol Amending the International Agreement, effective March 30, 1939, 53 Stat. 1794. The source of §§ 2.1 to 2.19, inclusive, is Regulations, Secretary of the Treasury and Secretary of the Interior, Mar. 18, 1940; 5 F.R. 1142. § 2.2 Immature whales, etc.; definitions. (a) For the purposes of the regulations in this part immature whales shall be deemed to include whales having a length less than the following dimensions, and of greater length than calves: Blue whales. Fin whales_ Least rorqual whales. 55 §2.5 Hunting, etc., of right whales, etc., prohibited. The hunting, taking, capturing, killing, possession, sale, purchase, shipment, transportation, carriage, import, or export of any right or gray whale, or of any female baleen whale accompanied by a calf, or of any calf, or of any immature whale, or the possession, sale, purchase, shipment, transportation, carriage, import, or export of any part or product thereof, is prohibited by the regulations in this part, except that blue whales of not less than Feet 65 feet, and fin whales of not less than 50 70 feet in length may be taken for delivery to land stations provided that the meat 40 of such whales is to be used for local consumption as human or animal food. *† 35 22 (b) For the purposes of the regulations in this part the suckling calves of sei and least rorqual whales shall be deemed to include whales having a length less than the following dimensions: Sei whales_. Least rorqual whales.. 18 §2.6 Use of factory ships. (a) The use of a factory ship, or a whale catcher operated in connection therewith, for the purpose of taking or treating baleen whales in any waters south of 40° South Feet Latitude, except during the period from 30 the 8th day of December to the 7th day of March following, both days inclusive, is prohibited by the regulations in § 2.3 Persons, vessels, etc., to which this part, except that the treatment of applicable. The provisions of the Con- whales which have been taken during vention, the Act, and the regulations in the open season may be completed after this part apply to any national, vessel or the end of the open season; and the use boat of the United States, or whale of a factory ship or a whale catcher catcher operating pursuant to a whaling operated in connection therewith, for license under the Act in any waters in the the purpose of taking or treating baleen world, and to any person, vessel or boat whales in the waters south of 40° South in the United States, its territories or Latitude from 70° West Longitude westpossessions, including the territorial wawards as far as 160° West Longitude for ters thereof: Provided, That in enforcing a period of 2 years from the 8th day of the provisions of the Convention, the Act, December, 1938, is prohibited by the regand the regulations in this part no whal-ulations in this part. ing vessel or whale, or parts or products (b) The use of a factory ship, or a thereof, which may be liable to seizure, whale catcher operated in connection therewith, for the purpose of taking or treating humpback whales in any waters south of 40° South Latitude prior to the 30th of September 1940, is prohibited.* §2.7 Use of land stations, etc; when prohibited. (a) The use of a land station, or of a whale catcher operated in connection therewith, for the purpose of taking or treating baleen whales in any area or in any waters for more than 6 months in any period of 12 months, such periods of 6 months to be continuous, is prohibited by the regulations in this part. No factory ship shall be op erated as a land station. (b) The use of a land station, or of a whale catcher operated in connection therewith, in the territorial waters of the United States, except during the period from April 1 to October 31, both dates inclusive, is prohibited by the regulations in this part.*† of the Interior: Provided, That, in case of the importation or exportation of any such whale or the product of any such whale, including oil, meat, bone, meal, or fertilizer, competent evidence that the Secretary of the Interior has authorized the killing, taking or treating thereof, must be presented to the Collector of Customs at the port of importation or exportation. (b) To whales killed, taken, or treated by natives or Eskimos engaged in whaling who use only canoes or other native craft propelled by oars or sails, do not carry firearms, are not employed by others than natives or Eskimos, and are not under contract to deliver products of their That, in the case of the importation or whaling to any third person: Provided, exportation of any such whale or the product of any such whale, including oil, meat, bone, meal, or fertilizer, the Col lector of Customs for the Customs Col require, and all other collectors of customs for all other customs collection districts shall require, the presentation at the port of importation or exportation of satisfactory evidence of such facts.** § 2.8 Use of factory ships, etc.; pro-lection District of Alaska (No. 31) may hibited in certain areas. The use of a factory ship, or a whale catcher operated in connection therewith, for the purpose of taking or treating baleen whales in any of the following areas, is prohibited by the regulations in this part: (a) In the waters north of 66° North Latitude; except that from 150° East Longitude eastwards as far as 140° West Longitude the taking or killing of whales by such ship or catcher shall be permitted between 66° North Latitude and 72° North Latitude; (b) In the Atlantic Ocean and its dependent waters north of 40° South Latitude; (c) In the Pacific Ocean and its dependent waters east of 150° West Longitude between 40° South Latitude and 35° North Latitude; (d) In the Pacific Ocean and its dependent waters west of 150° West Longitude between 40° South Latitude and 20° North Latitude; § 2.10 Report of catch to be made. (a) At the time when each whale is caught by a whale catcher attached to a factory ship, a report thereof by radio shall be made from the whale catcher to the factory ship. A record of these messages shall be maintained on the factory ship. (b) Whales caught by such whale catchers shall be marked as follows: A Roman numeral to indicate the number of the whale catcher shall be cut on the tail. Under this numeral, one or more horizontal strokes shall be cut to indicate the number of each whale taken by the whale catcher on that day; e. g., No. 2 whale catcher shall mark the first whale taken on each day: II (e) In the Indian Ocean and its de- the fifth whale taken: pendent waters north of 40° South Latitude.*+ § 2.9 Exceptions to §§2.5-2.8. The provisions of §§ 2.5-2.8 shall not apply(a) To whales killed, taken, or treated for scientific purposes for or on behalf of the United States Government under a special permit issued by the Secretary No. 6 whale catcher shall mark the third whale taken, The day shall commence at midnight and end at the following midnight.* † |