North Atlantic Ocean in 1984 shall not exceed the limits shown in Tables 1 and 2. [49 FR 1522, Jan. 12, 1984] § 351.36 Aboriginal substance whaling. (a) Notwithstanding the provisions of 351.34, catch limits for aboriginal subsistence whaling to satisfy aboriginal subsistence need for the 1984 whaling season and each whaling season thereafter shall be established in accordance with the following principles: (1) For stocks at or above the MSY level, aboriginal subsistence catches shall be permitted so long as total removals do not exceed 90 percent of MSY. (2) For stocks below the MSY level, but above a certain minimum level, aboriginal subsistence catches shall be permitted so long as they are set at levels which will allow whale stocks to move to the MSY level.1 (3) The above provisions will be kept under review, based upon the best scientific advice, and by 1990 at the latest the Commission will undertake a comprehensive assessment of the effects of these provisions on whale stocks and consider modification. (b) Catch limits for aboriginal subsistence whaling are as follows: (1) The taking of 9 humpback whales not below 35 feet (10.7 metres) in length per year is permitted in Greenland waters provided that whale catchers of less than 50 gross register tonnage are used for this purpose. (2) The taking of bowhead whales from the Bering Sea stock by aborigines is permitted, but only when the meat and products of such whales are to be used exclusively for local consumption by the aborigines and further provided that: 1 The Commission, on the advice of the Scientific Committee, shall establish as far as possible (i) a minimum stock level for each stock below which whales shall not be taken, and (ii) a rate of increase towards the MSY level for each stock. The Scientific Committee shall advise on a minimum stock level and on a range of rates of increase towards the MSY level under different catch regimes. (i) For the years 1984 and 1985 the total number of whales struck shall not exceed 43,2 provided that in either year the number of whales struck shall not exceed 27. (ii) It is forbidden to strike, take, or kill calves or any bowhead whale accompanied by a calf. (3) The taking of gray whales from the Eastern stock in the North Pacific is permitted, but only by aborigines or a Contracting Government on behalf of aborigines, and then only when the meat and products of such whales are to be used exclusively for local consumption by the aborigines. The number of gray whales taken in accordance with this subparagraph in 1984 shall not exceed the limit shown in Table 1. [48 FR 15130, Apr. 7, 1983, as amended at 49 FR 1523, Jan. 12, 1984] § 351.37 Taking of calves or suckling whales prohibited. It is forbidden to take or kill suckling calves or female whales accompanied by calves. § 351.38 Size limits for sei, Bryde's and fin whales. (a) It is forbidden to take or kill any sei or Bryde's whales below 40 feet (12.2 metres) in length except that sei and Bryde's whales of not less than 35 feet (10.7 metres) may be taken for delivery to land stations, provided that, the meat of such whales is to be used for local consumption as human or animal food. (b) It is forbidden to take or kill any fin whales below 57 feet (17.4 metres) in length in the Southern Hemisphere, and it is forbidden to take or kill fin whales below 55 feet (16.8 metres) in the Northern Hemisphere; except that fin whales of not less than 55 feet (16.8 metres) may be taken in the Southern Hemisphere for delivery to land stations and fin whales of not less than 50 feet (15.2 metres) may be taken in the Northern Hemisphere for delivery to land stations, provided 2 At the end of the first year this figure will be reviewed and if necessary amended on the basis of the advice of the Scientific Committee. that, in each case the meat of such whales is to be used for local consumption as human or animal food. § 351.39 Catch limits for sperm whales. Catch limits for sperm whales of both sexes shall be set at zero in the Southern Hemisphere for the 1981/82 pelagic season and 1982 coastal seasons and following seasons, and at zero in the Northern Hemisphere for the 1982 and following coastal seasons: except that the catch limits for the 1982 coastal season and following seasons in the Western Division of the North Pacific shall remain undetermined and subject to decision by the Commission following special or annual meetings of the Scientific Committee. These limits shall remain in force until such time as the Commission, on the basis of the scientific information which will be reviewed annually, decides otherwise in accord ance with the procedures followed at that time by the Commission. [48 FR 15130, Apr. 7, 1983] § 351.40 Size limits for sperm whales. (a) It is forbidden to take or kill any sperm whales below 30 feet (9.2 metres) in length except in the North Atlantic Ocean where it is forbidden to take or kill any sperm whales below 35 feet (10.7 metres). (b) It is forbidden to take or kill any sperm whale over 45 feet (13.7 metres) in length in the Southern Hemisphere north of 40° South Latitude during the months of October to January inclusive. (c) It is forbidden to take or kill any sperm whale over 45 feet (13.7 metres) in length in the North Pacific Ocean and dependent waters south of 40° North Latitude during the months of March to June inclusive. TABLE 1 TO SUBPART C-BALEEN WHALE STOCK CLASSIFICATIONS AND CATCH LIMITS (EXCLUDING BRYDE'S WHALES) Southern Hemisphere-1983/84 pelagic season and 1984 coastal season Labrador Stock. Stock. Newfoundland 76 0 PS 0 ... 0 PS PS PS PS PS PS 2 Provided that the remainder from the previous block quota of 3,634 for the five years 1980 to 1984 inclusive may be taken in the years 1984 and 1985. Available to be taken by aborigines or a Contracting Government on behalf of aborigines pursuant to § 351.36(b)(3). 5 The total catch of minke whales shall not exceed 588 in the two years 1984 and 1985 inclusive. 6 Of the total numbers shown, a proportion corresponding to needs may be taken by aborigines pursuant to § 351.36(b)(4). 7 Available to be taken by aborigines pursuant to § 351.36(b)(4). 8 The total catch of sei whales shall not exceed 504 in the six years 1980 to 1985 inclusive. The total catch of fin whales shall not exceed 270 in the three years 1983 to 1985 inclusive. [49 FR 1523, Jan. 12, 1984; 49 FR 3086, Jan. 25, 1984] TABLE 3 TO SUBPART C-TOOTHED WHALE STOCK CLASSIFICATIONS AND CATCH LIMITS 1 No whales may be taken from this stock until catch limits including any limitations on size and sex are established by the Commission. 2 Notwithstanding footnote 1, catch limits for the 1982 and 1983 coastal seasons are 450 and 400 whales respectively, provided that included within each of these catch limits there may be a by-catch of females not to exceed 11.5% and all whaling operations for this species shall cease for the rest of each season when the by-catch is reached. * Provisionally listed as PS for 1984 pending the accumulation of sufficient information for classification. [49 FR 1523, Jan. 12, 1984; 49 FR 3086, Jan. 25, 1984] Subpart D-Treatment § 351.51 Processing of whales. (a) It is forbidden to use a factory ship or a land station for the purpose of treating any whales which are classified as Protection Stocks in § 351.34 or are taken in contravention of 88 351.21, 351.22, 351.23, 351.30, 351.31, 351.32, 351.35, and 351.39 of this part, whether or not taken by whale catch ers under the jurisdiction of a Contracting Government. (b) All other whales taken, except minke whales, shall be delivered to the factory ship 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 |