be notification to the Commission of any information which may be collected or obtained concerning the calving grounds and migration routes of whales. In communicating this information there shall be specified:

(1) The name and gross tonnage of each factoryship;

(2) The number of whale catchers, including separate totals for the surface vessels and aircraft and specifying, in the case of surface vessels, the average length and horsepower of whale catchers;

(3) A list of the land stations which were in operation during the period concerned.

§ 351.17 Factoryship operations within territorial waters.

(a) A factoryship which operates solely within territorial waters in one of the areas specified in paragraph (c) of this section, by permission of the Government having jurisdiction over those waters, and which flies the flag of that Government shall, while so operating, be subject to the regulations governing the operation of land stations and not to the regulations governing the operation of factoryships.

(b) Such factoryship shall not, within a period of 1 year from the termination of the season in which she so operated, be used for the purpose of treating baleen

• Section 351.17 (a), (b), and (c) (1) to (8), was inserted by the Commission at its first meeting in 1949, and came into force on Jan. 11, 1950, with respect to all Contracting Governments except France, which therefore remains bound by the provisions of the original § 351.17 which reads as follows:

"§ 351.17 Notwithstanding the definition of land station contained in Article II of the Convention, a factoryship operating under the jurisdiction of a Contracting Government, and the movements of which are confined solely to the territorial waters of that Government, shall be subject to the regulations governing the operation of land stations within the following areas:

(a) On the coast of Madagascar and its dependencies, and on the west coasts of French Africa;

(b) On the West Coast of Australia in the area known as Shark Bay and northward to Northwest Cape and including Exmouth Gulf and King George's Sound, including the port of Albany; and on the East Coast of Australia, in Twofold Bay and Jervis Bay."

Section 351.17(c) (4) was inserted by the Commission at its 11th meeting in 1959 and came into force on Oct. 5, 1959, as regards all Contracting Governments.

whales in any of the other areas specified in paragraph (c) of this section or south of 40° south latitude.

(c) The areas referred to in paragraphs (a) and (b) of this section are:

(1) On the coast of Madagascar and its dependencies;

(2) On the west coasts of French Africa;

(3) On the coasts of Australia, namely on the whole east coast and on the west coast in the area known as Shark Bay and northward to Northwest Cape and including Exmouth Gulf and King George's Sound, including the Port of Albany;

(4) On the Pacific coast of the United States of America between 35° north latitude and 49° north latitude.

§ 351.18 Definitions.

(a) The following expressions have the meanings respectively assigned to them, that is to say:

"Baleen whale" means any whale which has baleen or whale bone in the mouth, i.e., any whale other than a toothed whale.

"Blue whale" (Balaenoptera or Sibbaldus musculus) means any whale known by the name of blue whale, Sibbald's rorqual, or sulphur bottom.

"Bryde's whale” (Balaenoptera edeni or brydei) means any whale known by the name of "Bryde's whale."

"Dauhval" means any unclaimed dead whale found floating.

"Fin whale" (Balaenoptera physalus) means any whale known by the name of common finback, common rorqual, finback, finner, fin whale, herring whale, razorback, or true fin whale.

"Gray whale" (Rhachianectes glaucus) means any whale known by the name of gray whale, California gray, devil fish, hard head, mussel digger, gray back, or rip sack.

"Humpback whale" (Megaptera nodosa or novaeangliae) means any whale known by the name of bunch, humpback, humpback whale, humpbacked whale, hump whale, or hunchbacked whale.

"Minke whale" (Balaenoptera acutorostrata, B. Davidsoni, B. huttoni) means any whale known by the name of lesser rorqual, little piked whale, minke whale, pike-headed whale, or sharp headed finner.

"Right whale" (Balaena mysticetus, Eubalaena glacialis, E. australis, etc.; Neobalaena marginata) 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 whale, North Cape whale, Pacific right whale, pygmy right whale, Southern pygmy right whale, or Southern right whale.

"Sei whale" (Balaenoptera borealis) means any whale known by the name of sei whale, Rudolphi's rorqual, pollack whale, or coalfish whale.

"Sperm whale" (Physeter catodon) means any whale known by the name of sperm whale, spermacet whale, cachalot, or pot whale.

"Toothed whale" means any whale which has teeth in the jaws.

(b) "Whales taken" means whales that have been killed and either flagged or made fast to catcher.

[33 F.R. 2777, Feb. 9, 1968, as amended at 36 F.R. 3971, Mar. 3, 1971]

Part

As used in this part, terms shall have the meanings ascribed in this section. (a) Secretary. The Secretary of the Interior or his authorized representatives.

(b) Act. Public Law 89-304 (79 Stat. 1125; 16 USC 757a-757f), the Anadromous Fish Act of 1965.

(c) State. Any State of the United States which has had or now contains anadromous fish and the States bordering the Great Lakes.

(d) State fishery agency. Any department(s), division(s), commission(s), or official(s) of a State empowered under its law to administer the commercial or sport fishery.

(e) Non-Federal interest. Any organization, association, institution, business, school, individual, or group of individuals, municipality and others outside the Federal Government in addition to State fishery agencies who desire to cooperate within the terms of .the Act.

(f) Cooperator. A State fishery agency or other non-Federal interest participating in a cooperative agreement with the Secretary.

(g) Anadromous fish. Aquatic, gill breathing, vertebrate animals bearing paired fins which migrate to and spawn in fresh water, but which spend part of their life in salt water; also, fish which spend part of their life in the Great Lakes and spawn in streams tributary to the Great Lakes.

(h) Project proposal. A description of work to be accomplished, including objectives, procedures, cost, location, and time required for completion.

(1) Cooperative agreement. (1) The documentation describing conservation, development, and enhancement activities to be carried on as provided by the Act. Such agreements shall set forth the responsibilities of the cooperators and the Secretary, the anticipated benefits of the undertaking, the estimated cost of each cooperator, the term of the agreement, disposition of real or personal properties, and such other information as is appropriate.

(2) Cooperative agreements constitute the basis for projects and shall conform to the documentation requirements prescribed by the Secretary.

(j) Project. Any undertaking involving the conservation, enhancement and development of anadromous fish. A project is established upon execution of a cooperative agreement.

(a) The cooperator shall carry projects through to a stage of completion acceptable to the Secretary with reasonable promptness. Failure to render satisfactory progress reports or failure to complete the project to the satisfaction of the Secretary shall be cause for the Secretary to withhold further payments until the project provisions are satisfactorily met. Projects may be terminated upon determination by the Secretary that satisfactory progress has not been maintained. The Secretary shall have the right to inspect and review work being done at any time.

(b) Research and/or development work shall be continuously coordinated by the cooperator with studies conducted by others to avoid unnecessary duplication.

(c) All work shall be performed in accordance with applicable State laws, except when in conflict with Federal laws or regulations, in which case Federal laws or regulations shall prevail.

§ 401.6 General information for the Secretary.

Before any Federal funds may be obligated for any project the cooperator shall furnish to the Secretary upon his request, information regarding the laws affecting anadromous fish and the authority of a cooperator to participate in the benefits of the Act.

(a) Document signature. Individuals authorized to sign project documents under the Commercial Fisheries Research and Development Act or the Federal Aid in Fish Restoration Act may likewise sign cooperative agreements under this Act.

(b) Program information. The Secretary may, from time to time, request, and the cooperators shall furnish, information relating to the administration and maintenance of any project established under the Act.