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(e) “Whale catcher" means a ship (n) "Sei whale" means any whale
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.
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
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.**