killed by whale catchers under the jurisdiction of a Contracting Government) the killing of which by whale catchers under the jurisdiction of a Contracting Government is prohibited by the provisions of § 351.2, § 351.4, § 351.5, § 351.6, § 351.7, § 351.8, or § 351.10.

(b) All other whales (except minke whales) taken shall be delivered to the factoryship or land station and all parts of such whales shall be processed by boiling or otherwise, except the internal organs, whale bone and flippers of all whales, the meat of sperm whales and of parts of whales intended for human food or feeding animals. A Contracting Government may in less developed regions exceptionally permit treating of whales without use of land stations: Provided, That such whales are fully utilized in accordance with this section.

(c) Complete treatment of the carcasses of "Dauhval" and of whales used as fenders will not be required in cases where the meat or bone of such whales is in bad condition.

§ 351.13 Prompt processing required.

(a) The taking of whales for treatment by a factoryship shall be so regulated or restricted by the master or person in charge of the factoryship that no whale carcass (except of a whale used as a fender, which shall be processed as soon as is reasonably practicable) shall remain in the sea for a longer period than 33 hours from the time of killing to the time it is hauled up for treatment.

(b) Whales taken by all whale catchers, whether for factoryships or land stations, shall be clearly marked so as to identify the catcher and to indicate the order of catching.

(c) All whale catchers operating in conjunction with a factoryship shall report by radio to the factoryship:

(1) The time when each whale is taken;

(2) Its species; and

(3) Its marking, effected pursuant to paragraph (b) of this section.

(d) The information specified in paragraph (c) of this section shall be entered immediately by a factoryship in a permanent record which shall be available at all times for examination by the whaling inspectors; and in addition there shall be entered in such permanent record the following information as soon as it becomes available:

(1) Time of hauling up for treatment; (2) Length, measured pursuant to paragraph (d) of § 351.9;

(3) Sex;

(4) If female, whether milk filled or lactating;

(5) Length and sex of fetus, if present; and

(6) A full explanation of each infraction.

(e) A record similar to that described in paragraph (d) of this section shall be maintained by land stations, and all of the information mentioned in the said paragraph shall be entered therein as soon as available.

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

§ 351.14 Remuneration of employees.

Gunners and crews of factoryships, land stations, and whale catchers shall be engaged on such terms that their remuneration shall depend to a considerable extent upon such factors as the species, size, and yield of whales taken and not merely upon the number of whales taken. No bonus or other remuneration shall be paid to the gunners or crews of whale catchers in respect of the taking of milk filled or lactating whales. § 351.15 Submission of laws and regulations.

Copies of all official laws and regulations relating to whales and whaling and changes in such laws and regulations shall be transmitted to the Commission. § 351.16 Submission of statistical data.

Notification shall be given in accordance with the provisions of Article VII of the Convention with regard to all factoryships and land stations of statistical information (a) concerning the number of whales of each species taken, the number thereof lost, and the number treated at each factoryship or land station, and (b) as to the aggregate amounts of oil of each grade and quantities of meal, fertilizer (guano), and other products derived from them, together with (c) particulars with respect to each whale treated in the factoryship or land station as to the date and approximate latitude and longitude of taking, the species and sex of the whale, its length and, if it contains a fetus, the length and sex, if ascertainable, of the fetus. The data referred to in paragraphs (a) and (c) of this section shall be verified at the time of the tally and there shall also

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 (3), 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) any whale known by the name of Atlantic

means

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.