§ 2.11 Catch log book to be maintained. (a) A tally board shall be maintained on the flensing platform of each factory ship or land station, on which shall be marked the following particulars of each whale as it is being flensed: Time hauled up for flensing. Number of whale catcher which took whale and number of that whale as marked on its tail. Species. Length. Sex. Length and sex of foetus. Milk-filled or lactating. § 2.14 Inspection of whaling operations. (a) Each factory ship and land station shall have such inspectors on the ship or at the station as may be assigned to such duty by the Commandant, United States Coast Guard. The owner of any factory ship or land station shall notify the Commandant, United States Coast Guard of the date on which the ship will depart on any whaling cruise, or of the date on which the station will begin whaling operations, at such time in advance thereof as will permit inspectors to report on the ship prior to its departure, or to report at the station before it begins whaling operations. (b) The master or person in charge of any factory ship or land station shall pro (b) The official catch log book or record shall be written up every 12 hours from the information on the tally board and certified by the inspector. The in-vide inspectors with suitable and adespector shall note any discrepancies or inaccuracies in the log book or record prior to certification thereof. In writing up the catch log book or record, the date of each day shall be taken as extending from midnight to midnight, and the international 24-hour system of time shall be used.*† § 2.12 Length of whale to be measured. The length of a whale shall be measured as accurately as possible with a steel tapemeasure, to be provided by the owners of the factory ship or land station, fitted at the zero end of the tape with a spiked handle which can be stuck into the flensing platform opposite the notch between the tail flukes of the whale, the tapemeasure to be stretched in a straight line parallel with the whale's body and read opposite the tip of the upper jaw of the whale, or vice versa. Measurements shall be logged to the nearest foot; e. g., a whale 75'6" or longer, and less than 76'6" shall be logged as 76'; except that no measurement shall be logged to the nearest foot when to do so would cause a calf to be logged as of legal length.*† § 2.13 Fullest use to be made of all whales taken. The fullest possible use shall be made of the carcasses of all whales taken. The oil shall be extracted by boiling or otherwise, from all blubber and from the head and tongue and, in addition, from the tail as far forward as the outer opening of the lower intestine, of all whales delivered to the factory ship or land station.*† quate subsistence and accommodations. For every day that each inspector is provided with subsistence and accommodations as aforesaid, he shall pay to the master or person in charge of the factory ship or land station a pro-rata share of the cost of subsisting the personnel of the factory ship or land station, not to exceed $1 per day. (c) Inspectors are authorized to be ducted by a factory ship, land station, or present at any whaling operations conany vessel operated in connection therewith; to address inquiries to the master, person in charge, members of the crew, station or vessel concerning such operor any other employee of any such ship, ations; to measure any whales taken; and to inspect and examine any such whales or the parts or products thereof. (d) Inspectors shall report as soon as practicable to the Commandant, United States Coast Guard, the violation of any provision of the Convention, the Act, or the regulations in this part, forwarding a complete statement of all the facts relative to the violation. If the violation involves the taking of any whale, the report shall include the amount of oil and other products derived from such whale.*† § 2.15 Duties of master or person in charge. (a) The master or person in charge of any factory ship or land station shall so regulate and restrict the taking of baleen whales by whale catchers attached to such factory ship or land station, that no whale carcass shall remain in the sea for a longer period than 33 § 2.16 Regulations not applicable to dolphins and porpoises. Nothing in the hours from the time of killing to the time when it is taken up on the deck of the factory ship or land station for treat-regulations in this part shall be conment. (b) The master or person in charge of any factory ship or land station shall keep an accurate daily record of whaling operations including (1) the number of whales taken and the number of whales injured or killed and not recovered by the whale catchers; and also the time and place of taking, injuring, or killing such whales; (2) the species, sex, and length of each whale taken, and if any such whale contains a foetus, the length and sex, if ascertainable, of the foetus; (3) whether any whale taken was producing milk; and (4) the aggregate amounts of oil of each grade and the quantities of meal, fertilizer and other products derived from whales taken; and also shall forward a signed and dated report containing the foregoing data to the Com missioner of the Bureau of Fisheries strued as applying to dolphins or porpoises, or permitting any act contrary to the laws or regulations of any State or Territory made for the purpose of giving further protection to whales when such laws or regulations are not inconsistent with the Convention, or the Act.*† § 2.17 Regulations not to restrict other authority conferred upon inspectors. Nothing in the regulations in this part shall be construed to limit or restrict the exercise of any authority conferred upon such inspectors or any other officers of the United States by any other provision of law or regulation.*† and regulations. Copies of the Act and § 2.18 Posting of Whaling Treaty Act of the regulations in this part shall be posted in a conspicuous and accessible place on each factory ship and at each land station.*† § 2.19 Previous regulations superseded. The joint regulations concerning whaling approved December 20, 1938, are hereby superseded.*† Sec. within 6 weeks after the close of each whaling season. The master or person in charge of any factory ship or land station shall have available in his possession copies of the contracts of the gunners and members of the crew of such ship or station or any whale catcher operated in connection therewith. He shall PART 6-ANCHORAGE REGULATIONS have available in his possession also an accurate account showing the monthly pay of such persons and the factors upon which such pay is based and shall furnish within 3 months after the close of each whaling season, to the Secretary of the Interior, an account showing the total emolument of each gunner and member of the crew and the manner in which the emolument of each of them is calculated. 6.2 6.1 Existing regulations reaffirmed. 6.2a Enforcement by captain of the port. Inspection and search. Collector of customs authorized to take possession and control. 6.3 6.4 6.5 6.6 6.7 Special licenses for lighters, etc. § 6.1 Existing regulations reaffirmed. All existing rules and regulations of any department, agency or instrumentality of the United States governing anchorage and movements of vessels in the territorial waters of the United States are hereby reaffirmed and continued in force during the period of the present emergency, except as modified by the rules and regulations in this part.*† (c) The master or person in charge of any factory ship or land station shall permit any officer authorized to enforce the provisions of the Convention, the Act, or the regulations in this part, to examine and inspect any such record, contract, or account, and to make copies thereof, or excerpts therefrom at any time; shall furnish any such officer with such other data or information as may be required by the Secretary of the Treas†The source of §§ 6.1 to 6.7, inclusive, is ury or the Secretary of the Interior pur-Regulations for the control of vessels in the suant to law and shall render all possible assistance to, and fully cooperate with, any such officer.*+ *§§ 6.1 to 6.7, inclusive, issued under the authority contained in sec. 1, 40 Stat. 220; 50 U.S.C. 191, and Proc. 2412; 5 F.R. 2419. territorial waters of the United States, Secretary of the Treasury, June 27, 1940; 5 FR. 2442, except that amendments are noted in brackets following section affected. cause to be inspected and searched at any time any vessel, foreign or domestic, or any person or package thereon, within the territorial waters of the United States, to place guards upon such vessels, and to remove therefrom any or all persons not specially authorized by him to go or to remain on board thereof.*† § 6.2 Enforcement by captain of the | pursuant to § 6.2 is hereby authorized to port. The rules and regulations governing the anchorage of vessels herein reaffirmed or promulgated shall be enforced by the captain of the port, or where the port has no such officer, by an officer of the Coast Guard or the Customs Service designated by the Secretary of the Treasury. In any case where there are no applicable rules or regulations governing the anchorage of vessels, all anchorage shall be in accordance with the directions of the captain of the port or other officer designated by the Secretary of the Treasury pursuant to this section.**ject to the approval of the Secretary NOTE: For procedure at ports where no captains of the port have been designated, see § 6.2a. § 6.2a Enforcement by district commanders. At ports or places where no captains of the port have been designated, or at ports or places where they have been designated and such officers are absent from duty for any cause, enforcement of the rules and regulations governing anchorages and movements of vessels within their respective district shall be performed by district commanders, acting through Coast Guard personnel and facilities stationed within their districts. In those instances where district commanders have been designated captains of particular ports or places, they shall continue to act in that capacity in addition to the other duties herein prescribed.* [G.O. 2, Oct. 8, 1940, amended by G.O. 3, Oct. 30, 1940; 5 F.R. 4078, 4367] as NOTE: 6.2a was amended by the insertion of the words "or at ports or places where they have been designated and such officers are absent from duty for any cause," Oct. 30, 1940; 5 F.R. 4367. § 6.3 Explosive or inflammable cargo. The movement of any vessel between points within the area of a port, and the movement, lading, and discharging of explosive or inflammable material or other dangerous cargo shall be under the supervision and control of the captain of the port, or other officer designated by the Secretary of the Treasury pursuant to § 6.2.*+ § 6.5 Collector of customs authorized to take possession and control. The colof the port or other agency acting for lector of customs, through the captain the collector, is hereby directed, sub of the Treasury, to take full possession and control of any vessel, foreign or domestic, in the territorial waters of the United States, whenever it appears that such action is necessary in order to secure such vessels from damage or injury, or to prevent damage or injury to any harbor or waters of the United States, or to secure the observance of the rights and obligations of the United States. Pending action by the Secretary of the Treasury, the collector of customs is authorized to detain any such vessel and is directed to communicate the facts by the most expeditious means available to the Secretary of the Treasury.*† § 6.6 Special licenses for lighters, etc. The Secretary of the Treasury may require all lighters, barges, ferries, tugs, motor boats, sailboats, and similar craft operating in the harbor or waters of any port of entry, to be especially licensed by the collector of customs for such purpose and may revoke any license so granted for any failure to comply with the anchorage or harbor regulations for such port, or to obey the orders issued thereunder by any duly authorized officer, or for any act inimical to the interests of the United States in the present emergency.*† § 6.7 Clearance required for departure. No vessel shall depart from any port or place in the United States, or from any port or place subject to the jurisdiction of the United States, on a voyage on which clearance by a customs officer of the United States is required, unless the principal customs officer in § 6.4 Inspection and search. The charge of the port of departure shall captain of the port or other officer desig-have been authorized by the Secretary of nated by the Secretary of the Treasury the Treasury to permit the departure.*+ NOTE: For procedure at ports where no captains of the port have been designated, see § 6.2a. and discharging of explosive or inflammable material or other dangerous cargo, Secretary of the Treasury, Oct. 29, 1940; 5 F.R. 4401. PART 7-ANCHORAGE AND MOVE- | age and movements of vessels and the lading § 7.5 General rules and regulations. (a) Pursuant to the authority contained in the above-quoted Act, the rules and regulations in this part are adopted governing the anchorage and movements 7.10 Anchorage regulations for certain ports of vessels and the lading and discharging of the United States. 7.30 Baltimore, Md. 7.15 Portland, Maine. 7.20 Boston, Mass. 7.25 Philadelphia, Pa. 7.35 Jacksonville, Fla. 7.40 Mobile, Ala. 7.45 New Orleans, La. of explosive or inflammable material or other dangerous cargo at ports. The rules and regulations in this part shall be enforced by the captain of the port or other officer designated by the Secretary of the Treasury, pursuant to § 6.2 of this chapter. This part is to be in addition to, and in no manner a substitution for 7.60 St. Thomas Harbor, Charlotte Amalie, Part 6 of this chapter. 7.90 Duluth, Minn.-Superior, Wis. 7.95 General provisions. § 7.0 Preamble. Section 1, title II, of the so-called Espionage Act, approved June 15, 1917 (40 Stat. 220; 50 U.S.C. 191), provides in part as follows: Whenever the President by proclamation or Executive order declares a national emergency to exist by reason of actual or threatened war, insurrection, or invasion, or disturbance or threatened disturbance of the international relations of the United States, the Secretary of the Treasury may make, subject to the approval of the President, rules and regulations governing the anchorage and movement of any vessel, foreign or domestic, in the territorial waters of the United States, may inspect such vessel at any time, place guards thereon, and, if necessary in his opinion in order to secure such ves sels from damage or injury, or to prevent damage or injury to any harbor or waters of the United States, or to secure the observance of the rights and obligations of the United States, may take, by and with the consent of the President, for such purposes, full possession and control of such vessel and remove therefrom the officers and crew thereof and all other persons not specially authorized by him to go or remain on board thereof. By virtue of a proclamation issued on the 27th day of June 1940, the abovequoted provisions of law are now in full force and effect.*† CROSS REFERENCE: For full text of Proclamation 2412, June 27, 1940, see Title 3 of this Supplement. *§§ 7.0 to 7.95, inclusive, issued under authority contained in sec. 1, 40 Stat. 220; 50 U.S.C. 191, and Proc. 2412; 5 F.R. 2419. †The source of §§ 7.0 to 7.95, inclusive, is Rules and regulations governing the anchor (b) For anchorages in general. (1) (i) At ports for which anchorage areas have been established by the Secretary of the Treasury or affirmed by him, no vessel shall anchor outside the prescribed anchorage areas, except in cases of great emergency or in cases where the captain of the port finds that no hindrance to shipping is caused by vessels anchoring outside anchorage areas established or affirmed by the Secretary of the Treasury. (ii) Except in cases of great emergency, no vessel shall cast anchor within a cable or pipe line area shown on a government chart, or shall secure to any pier, wharf, or vessel in such manner as to obstruct or endanger the passage of any other vessel in transit. (2) No vessel shall occupy for a longer period than 30 days, unless a permit is obtained from the captain of the port for that purpose, any anchorage for which the time of occupancy is not otherwise prescribed in any applicable regulations. No vessel in a condition such that it is likely to sink or otherwise become a menace or obstruction to the navigation or anchorage of other vessels shall occupy an anchorage except in an emergency, and then only for such period as may be permitted by the captain of the port. (3) Whenever the captain of the port shall find such action to be necessary to protect the safety of any vessel, any or all vessels in any designated anchorage area shall moor with two or more anchors. (4) Every vessel, in an anchorage area, whose crew may be reduced to such num ber that it will not have sufficient men on board to weigh anchor at any time shall, before the release or reduction of the crew, be anchored with two anchors with mooring swivel, unless the captain of the port shall waive the requirement of a mooring swivel. (5) Anchors must not be placed outside the anchorage areas, nor shall any vessel be so anchored that any portion of the hull or rigging shall at any time extend outside the boundaries of the anchorage area. (6) Any vessel may, under circumstances of great emergency, anchor outside the anchorage areas, but in so doing such vessel must be placed near the edge of the channel and in such position as not to interfere with the free navigation of the channel, or to obstruct the approach to any pier, or to impede the movement of any boat, and shall move away immediately after the emergency ceases, or upon notification by the captain of the port when he finds that the safety of any vessel or the movements of commerce so require. (7) When applied for, a berth in an anchorage, if available, shall be assigned to any vessel by the captain of the port. He may grant revocable permits for habitually maintaining and using the same berth in an anchorage area. (8) Permits to anchor in channels within the limits of the waterways under the control of the captain of the port may be granted by that officer to wrecking plants or other vessels legally engaged in recovering sunken property or in laying pipe or cable lines legally established or in repairing the same when the application for such anchorage is approved by the United States district engineer in charge of works of river and harbor improvement and to plants engaged in dredging operations, when authorized by the United States district engineer. No such permit will be required for plants engaged under the supervision of the United States district engineer upon works for the improvement of rivers and harbors. (9) Whenever the captain of the port finds that the maritime or commercial interests of the United States or the safety of any vessel or harbor so require, he is hereby empowered to shift the position of any vessel anchored or moored within an anchorage area or of any vessel anchored or moored outside an anchorage area, including any vessel anchored or moored in such manner that the captain of the port finds that it obstructs vessel movements in any channel or obstructs or interferes with range lights or obstructs or endangers the passage of vessels in transit by, or to, or from adjacent wharf property or impedes the movements of vessels entering or leaving adjacent slips. (10) A vessel upon being notifled to move or shift its position in accordance with the regulations in this part shall get under way at once or signal for a tug, and shall change position as directed with reasonable promptness. (11) A vessel on fire, desiring to proceed to an anchorage in a port, shall communicate that fact as soon as practicable to the captain of the port, who shall designate the most suitable available anchorage. (c) For anchorage of vessels carrying explosives. (1) (i) Explosive anchorage areas established by the Secretary of the Treasury, or affirmed by him, are reserved for vessels carrying explosives as cargo. These areas shall not be used by vessels which do not carry explosives as cargo, except in cases of great emergency, or by special permit from the captain of the port. All vessels carrying explosives as cargo shall be within those areas when anchored, except as provided in subdivision (ii) of this subparagraph and in subparagraph (6) of this paragraph. (ii) In the interests of the commerce of the United States and in order to prevent damage or injury to any vessel or harbor or waters of the United States, the captain of the port may, subject to such conditions as he finds will promote those objectives, designate loading terminals outside the explosive anchorage areas where vessels may load or discharge explosives directly between vessel and shore or between vessels. (iii) A captain of the port may issue a permit to a vessel carrying an inflammable or other dangerous cargo to anchor in an explosive anchorage area whenever such explosive anchorage area is not in use by a vessel carrying explosives as cargo. A vessel carrying an |