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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
orders, and other Presidential

documents in full text

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PART 2–WHALING

towing, holding on to, or scouting for

Sec.

whales.

2.1 Definitions.

(f) “Land station" means a factory

2.2 Immature whales, etc.; definitions.

2.3 Persons, vessels, etc., to which appli- on the land, or in the territorial waters

cable.

adjacent thereto, or a factory ship

2.4 Hunting, etc., of baleen whales, per- which remains moored in territorial

mitted.

2.5 Hunting, etc., of right whales, etc., waters in one position during a whaling

prohibited.

season, in which or at which whales are

2.6 Use of factory ships.

treated whether wholly or in part.

Use of land stations, etc., when pro-

hibited.

(g) "Length" in relation to any whale

2.8 Use of factory ships, etc.; prohibited in means the distance measured on the

certain areas.

level in a straight line between the tip

2.9 Exceptions to $ $ 2.5-2.8.

2.10 Report of catch to be made.

of the upper jaw and the notch between

2.11 Catch log book to be maintained. the flukes of the tail.

2.12 Length of whale to be measured.

(h) "Baleen whale" means any whale

2.13 Fullest use to be made of all whales

taken.

having blades of whalebone attached to

2.14 Inspection of whaling operations. the roof of its mouth.

2.15 Duties of master or person in charge.

2.16 Regulations not applicable to dolphins

(1) "Right whale" means any whale

and porpoises.

known by the name of Atlantic right

2.17 Regulations not to restrict other au- whale, Arctic right whale, Biscayan

thority conferred upon inspectors.

2.18 Posting of Whaling Treaty Act and right whale, bowhead, great polar whale,

regulations.

Greenland right whale, Greenland

2.19 Previous regulations superseded. whale, Nordkaper, North Atlantic right

$ 2.1 Definitions. When used in the whale, North Cape whale, Pacific right

regulations in this part, the term-

whale, pigmy right whale, southern pig-

(a) "Convention" means the Conven- my right whale, or southern right whale.

tion between the United States and cer-

(j) “Gray whale" means any whale

tain other countries for the regulation of known by the name of gray whale, Cali-

whaling, concluded at Geneva, September fornia gray, devil fish, hard head, mus-

24, 1931, signed on the part of the United sel digger, gray back or rip sack.

States, March 31, 1932, and effective Jan- (k) "Blue whale" means any whale

uary 16, 1935 (49 Stat. 3079).

known by the name of blue whale, Sib-

(b) “Act” means the Whaling Treaty bald's rorqual, or sulphur bottom.

Act of May 1, 1936 (49 Stat. 1246; 16 (1) "Fin whale" means any whale

U.S.C. Sup., 901-915).

known by the name of common finback,

(c) “Inspector” means any officer of common rorqual, common finner, fin-

the United States Coast Guard assigned back, fin whale, herring whale, razor-

to duty in connection with whaling op- back, or true fin whale.

erations by the Commandant, United (m) "Humpback whale" means any

States Coast Guard.

whale known by the name of bunch,

(d) “Factory ship" means a ship in humpback, humpback whale, hump-

which or on which whales are treated backed whale, hump whale, or hunch-

whether wholly or in part.

backed whale.

(e) “Whale catcher" means a ship (n) "Sei whale" means any whale
used for the purpose of hunting, laking, known by the name of sei whale, Bryde's

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whale, pollock whale, or Rudolphi's shall be seized within the territorial wawhale.

ters of any other sovereign power, its (0) "Least rorqual whale” means any possessions, territories, or colonies.* † whale known by the name of least ror

$ 2.4 Hunting, etc., of baieen whales, qual whale, Davidson's piked whale, little permitted. Except as provided in $ $ 2.5– piked whale, Minke's whale, or sharp- 2.9, the hunting, taking, capturing, killnosed finner.

ing, possession, șale, purchase, shipment, (p) "Calf” means any suckling baleen transportation, carriage, import, or exwhale having a length less than that port of any baleen whale, or the possesprescribed by section 4 of the Act.* † sion, sale, purchase, shipment, transpor*$$ 2.1 to 2.19, inclusive, issued under au

tation, carriage, import or export of any thority contained in 49 Stat. 1246; 16 U.S.C. part or product thereof, is compatible Sup., 901-915, to give effect to the Conven- with the terms of the Convention and is tion for the regulation of whaling, effective January 16, 1935, 49 Stat. 3079, the Interna- permitted by the regulations in this tional Agreement for the Regulation of Whal- part. ** ing, effective May 7, 1938, 52 Stat. 1460, and the Protocol Amending the International

§ 2.5 Hunting, etc., of right whales, Agreement, effective March 30, 1939, 53 Stat. etc., prohibited. The hunting, taking, 1794.

capturing, killing, possession, sale, pur+ The source of $$ 2.1 to 2.19, inclusive, is chase, shipment, transportation, carRegulations, Secretary of the Treasury and riage, import, or export of any right or Secretary of the Interior, Mar. 18, 1940; 5 F.R. 1142.

gray whale, or of any female baleen $ 2.2 Immature whales, etc.; defini

whale accompanied by a calf, or of any tions. (a) For the purposes of the regu

calf, or of any immature whale, or the lations in this part immature whales

possession, sale, purchase, shipment, shall be deemed to include whales having port of any part or product thereof, is

transportation, carriage, import, or exa length less than the following dimen- prohibited by the regulations in this part, sions, and of greater length than calves: except that blue whales of not less than

Feet | 65 feet, and fin whales of not less than 50 Blue whales.

70 feet in length may be taken for delivery Fin whales.

to land stations provided that the meat Humpback whales. Sei whales..

40 of such whales is to be used for local conLeast rorqual whales.

22 sumption as human or animal food.* † (b) For the purposes of the regulations $ 2.6 Use of factory ships. (a) The in this part the suckling calves of sei and use of a factory ship, or a whale catcher least rorqual whales shall be deemed to operated in connection therewith, for the include whales having a length less than purpose of taking or treating baleen the following dimensions:

whales in any waters south of 40° South Feet

Latitude, except during the period from Sei whales...

30 the 8th day of December to the 7th Least rorqual whales.

18

day of March following, both days inclu**

sive, 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 wa

wards 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

55 35

therewith, for the purpose of taking or of the Interior: Provided, That, in case treating humpback whales in any waters of the importation or exportation of any south of 40° South Latitude prior to the such whale or the product of any such 30th of September 1940, is prohibited.*+ whale, including oil, meat, bone, meal, $ 2.7 Use of land ations, etc; when

or fertilizer, competent evidence that the prohibited. (a) The use of a land sta- Secretary of the Interior has authorized tion, or of a whale catcher operated in the killing, taking or treating thereof, connection therewith, for the purpose of must be presented to the Collector of taking or treating baleen whales in any

Customs at the port of importation or

exportation. area or in any waters for more than 6 months in any period of 12 months,

(b) To whales killed, taken, or treated such periods of 6 months to be continu- by natives or Eskimos engaged in whaling ous, is prohibited by the regulations in who use only canoes or other native craft this part. No factory ship shall be op- propelled by oars or sails, do not carry erated as a land station.

firearms, are not employed by others than (b) The use of a land station, or of a contract to deliver products of their

natives or Eskimos, and are not under whale catcher operated in connection therewith, in the territorial waters of the That, in the case of the importation or

whaling to any third person: Provided, United States, except during the period from April 1 to October 31, both dates in- exportation of any such whale or the clusive, is prohibited by the regulations product of any such whale, including oil

, in this part.**

meat, bone, meal, or fertilizer, the Col

lector of Customs for the Customs Col$ 2.8 Use of factory ships, etc.; pro-lection District of Alaska (No. 31) may hibited in certain areas. The use of a require, and all other collectors of cusfactory ship, or a whale catcher operated toms for all other customs collection disin connection therewith, for the purpose tricts shall require, the presentation at of taking or treating baleen whales in the port of importation or exportation of any of the following areas, is prohibited satisfactory evidence of such facts.** by the regulations in this part:

§ 2.10 Report of catch to be made. (a) In the waters north of 66° North (a) At the time when each whale is Latitude; except that from 150° East caught by a whale catcher attached to Longitude eastwards as far as 140° West a factory ship, a report thereof by radio Longitude the taking or killing of whales shall be made from the whale catcher by such ship or catcher shall be permit- to the factory ship. A record of these ted between 66° North Latitude and 72° messages shall be maintained on the facNorth Latitude;

tory ship. (b) In the Atlantic Ocean and its de- (b) Whales caught by such whale pendent waters north of 40° South Lati-catchers shall be marked as follows: tude;

A Roman numeral to indicate the (c) In the Pacific Ocean and its de- number of the whale catcher shall be pendent waters east of 150° West Longi- cut on the tail. Under this numeral, tude between 40° South Latitude and one or more horizontal strokes shall be 35° North Latitude;

cut to indicate the number of each (d) In the Pacific Ocean and its de- whale taken by the whale catcher on pendent waters west of 150° West Longi- that day; e. g., No. 2 whale catcher shall tude between 40° South Latitude and mark the first whale taken on each day: 20° North Latitude;

II (e) In the Indian Ocean and its de- the fifth whale taken: pendent waters north of 40° South Latitude.*

§ 2.9 Exceptions to $32.5-2.8. The No. 6 whale catcher shall mark the third provisions of $ $ 2.5–2.8 shall not apply-whale taken,

(a) To whales killed, taken, or treated for scientific purposes for or on behalf

VI of the United States Government under The day shall commence at midnight and a special permit issued by the Secretary | end at the following midnight.**

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