(b)

All

activities identified

in § 228.13(a) shall be conducted in a manner which minimizes to the greatest extent practicable adverse effects on ringed seals and their habitat.

(c) All activities identified in § 228.13(a) shall be conducted as far as practicable from any observed ringed seal or ringed seal lair. No energy source shall be placed over an observed ringed seal lair, whether or not any seal is present.

§ 228.14 Requirements for monitoring and reporting.

(a) Holders of Letters of Authorization are required to cooperate with the National Marine Fisheries Service and any other Federal, State, or local agency monitoring the impacts on ringed seals.

(b) Holders of Letters of Authorization shall designate an individual or individuals to make observations and record the presence of ringed seals and ringed seal lairs along shot lines and around camps, and the information required in § 228.14(c).

(c) An annual report shall be submitted to the Assistant Administrator for Fisheries within 90 days of completion of the year's activities which shall include the following information:

(1) Location(s) of survey activities;

(2) Level of effort (e.g., duration, area surveyed, number of surveys), methods used, and a description of habitat (e.g., ice thickness, surface topography) for each location;

(3) Numbers of ringed seals observed, proximity to seismic or associated activities, and any seal reactions observed for each location;

(4) Numbers of ringed seal lairs observed and proximity to seismic or associated activities for each location; and

(5) Other information as required in a Letter of Authorization.

230.20 Whale catchers attached to land stations taking baleen whales. 230.21 Whale catchers attached to land stations taking sperm whales. 230.22 Whale catchers attached to factoryships taking sperm whales.

CATCH QUOTAS

230.25 Fin and sei whale quotas for the North Pacific.

230.26 Sperm whale quota for the North Pacific Ocean.

RECORDS AND REPORTS

230.30 Records to be maintained on whale catchers.

230.31 Records to be maintained on factory ships and at land stations.

230.32 Records to be maintained at secondary processing land stations. 230.33 Report on employment, craft, and products of whaling operations. 230.34 Records retention period.

SALVAGE OF UNCLAIMED WHALES

230.40 No processing license required. 230.41 Reporting of salvage of dead whales

required.

MOLESTING OR UNAUTHORIZED INTERFERENCE WITH WHALES

230.50 Molesting of whales prohibited.

INSPECTION AND ENFORCEMENT

230.60 Fish and Wildlife Service employees designated as enforcement officers. 230.61 State officers designated as enforcement officers.

230.62 Disposal of perishable seized whales and whale products.

Definitions.

Prohibited acts.

230.73 Licenses.

230.74 Quotas.

230.75 Salvage of stinkers.

230.76 Reporting by whaling captains. 230.77 Penalties.

AUTHORITY: Sec. 12, 64 Stat. 425; 16 U.S.C. 916j, unless otherwise noted.

SOURCE: 33 FR 5953, Apr. 18, 1968, unless otherwise noted.

See also 45 FR 22949, Apr. 4, 1980.

CROSS REFERENCE: For the regulations of the International Whaling Commission, see Part 351 of this title.

DEFINITIONS

§ 230.1 Factoryship.

a

The word "factoryship" means vessel in which or on which whales are treated or processed, whether wholly or in part.

§ 230.2 Land station.

The words "land station" mean a factory on the land at which whales are treated or processed, whether wholly or in part.

§ 230.3 Secondary processing land station.

The words "secondary processing land station" mean a factory on the land which receives from a land station for further processing any or all of those parts of whales which are required, by paragraph 12 of the Schedule of the Whaling Convention of 1946, as amended (§ 351.12 of this title), to be processed by boiling or otherwise.

§ 230.4 Whale catcher.

The words "whale catcher" mean a vessel used for the purpose of hunting, killing, taking, towing, holding on ta, or scouting for whales.

§ 230.5 Whales.

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

33-187 0-84-7

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

(c) "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.

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

(e) “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.

(f) "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.

(g) "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, pigmy right whale, Southern pigmy right whale, or Southern right whale.

(h) "Sei whale” (Balaenoptera borealis) means any whale known by the name of sei whale, Rudolphi's rorqual, pollack whale, or coalfish whale and shall be taken to include Byrde's whale (B. brydei).

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

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

§ 230.6 Whale products.

The words "whale products" mean any unprocessed part of a whale and blubber, meat, bones, whale oil, sperm oil, spermaceti, meal, and baleen.

LICENSES AND SCIENTIFIC PERMITS

§ 230.10 Licenses required to engage in whaling.

(a) No person shall engage in the taking or processing of any whales without first having obtained an appropriate license.

(b) No permit or license shall be issued except as provided in § 230.13 and §§ 230.70 through 230.77. Licenses issued under § 230.73 shall be governed solely by the requirements of §§ 230.70 through 230.77.

[36 FR 7432, Apr. 20, 1971, as amended at 45 FR 20488, Mar. 28, 1980]

§ 230.11 Applications for licenses.

licenses

(a) Applications for to engage in the taking or processing of whales of the species listed in § 230.10, shall be submitted to the Bureau of Commercial Fisheries through the Regional Director, Pacific Northwest Region (Region 1), Bureau of Commercial Fisheries, 6116 Arcade Building, 1319 Second Avenue, Seattle, Wash. 98101. Such applications shall be accompanied by the affidavit or affidavits prescribed in sections 6(d) and (e) of the Whaling Convention Act of 1949 and by a check or U.S. Postal Money Order payable to the Bureau of Commercial Fisheries in the appropriate amount as prescribed by section 6(b) of the Whaling Convention Act of 1949 and as set out in § 230.12.

(b) Applicants for a license to operate a whale catcher must furnish by means of a letter to the Regional Director information specifying the names and addresses of the owner and operator of the vessel, the name, official number, and home port of the vessel, its length, beam, and draft, its gross and net tonnage, the horsepower of its engine, its maximum speed, the number of its crew members, and the basis of compensation for its gunners and crew, including the basis on which bonuses are awarded.

(c) Applicants for a license to operate a factoryship must furnish by means of a letter to the Regional Director information specifying the names and addresses of the owner and operator of the vessel, the name, official number and home port of the

vessel, its length, beam, and draft, its gross and net tonnage, the horsepower of its engine, its maximum speed, the number of its crew, including whalers, the basis of compensation for its crew and whalers including the basis on which bonuses are awarded, and a list of its processing and manufacturing equipment.

(d) Applicants for a license to operate a land station must furnish by means of a letter to the Regional Director, information specifying the names and addresses of the owner and operator of the land station, the number of its employees, the basis of their compensation, including the basis on which bonuses are awarded, and a list of its processing and manufacturing equipment.

§ 230.12 Schedule of fees.

The following licenses and fees shall be required for each calendar year or any fraction thereof and shall be nontransferable:

(a) Land station licenses for primary processing of whales, $250.

(b) Land station license for secondary processing of parts of whales delivered to it by a land station licensed as a primary processor, $100.

(c) Factoryship license for primary processing of whales delivered by whale catchers, $250.

(d) License for any vessel used exclusively for transporting whale products from a factoryship to a port during the whaling season, $100.

(e) Whale catcher license, $100.

(f) No license fee shall be refunded by reason of the failure of any person to whom a license has been issued to utilize the facility in whaling for which such license was issued.

§ 230.13 Applications for scientific permits.

Applications for scientific permits to take, tag, or study whales for scientific investigations shall be submitted to the Director, Bureau of Commercial Fisheries, Department of the Interior, Washington, DC 20240. Scientific permits will be issued free of charge. Applicants for a scientific permit should also include with their application a statement of the specific objectives and operational procedures of their

proposed scientific investigation. Upon completion of their research, a report of the results of such research, in triplicate, shall be submitted to the Director of the Bureau of Commercial Fisheries for transmittal to the International Whaling Commission in accordance with paragraph 3 of Article VIII of the International Convention for Regulation of Whaling of 1946.

CLOSED SEASONS

§ 230.20 Whale catchers attached to land stations taking baleen whales.

(a) It is forbidden to use a whale catcher attached to a land station for the purpose of taking or killing any baleen whales except during the period April 15 to October 15, both days inclusive: Provided, That it is forbidden to kill or attempt to kill blue whales, by any means, in the following areas:

(1) The North Atlantic Ocean for 3 years ending on February 24, 1973.

(2) The North Pacific Ocean and its dependent waters north of the Equator for 5 years beginning with the 1971

season.

(3) In the waters south of the Equator: Provided further, That, it is forbidden to kill or attempt to kill humpback whales, by any means, in the following areas:

(4) In the North Atlantic Ocean for a period ending on November 8, 1972. (5) In the North Pacific Ocean and its dependent waters north of the Equator for 3 years beginning with the 1971 season.

(6) In the waters south of the Equator.

[33 FR 5953, Apr. 18, 1968, as amended at 36 FR 7432, Apr. 20, 1971]

§ 230.21 Whale catchers attached to land stations taking sperm whales.

It is forbidden to use a whale catcher attached to a land station for the purpose of taking or killing sperm whales except during the period April 1, to November 30 following, both days inclusive.

§ 230.22 Whale catchers attached to factoryships taking sperm whales.

It is forbidden to use a factoryship or whale catcher attached thereto for the purpose of taking or treating sperm whales in the waters between 40° south latitude and 40° north latitude. For all other waters, it is forbidden to use factoryships or whale catchers attached thereto for the purpose of taking or treating sperm whales except during the period April 15 to December 15 following both days inclusive.

[36 FR 7432, Apr. 20, 1971]

CATCH QUOTAS

§ 230.25 Fin and sei whale quotas for the North Pacific.

Beginning with the 1971 season for taking baleen whales, it is forbidden for persons or vessels under the jurisdiction of the United States to take more than 40 fin whales and 51 sei whales from the waters of the North Pacific Ocean. The fin whale quota may be converted to sei and Bryde's whales combined, or vice versa, in terms of the formula as defined in paragraph 8(b) of the Schedule of the Convention: Provided, That the total catch of one or the other species does not exceed the level which is 10 percent (10%) above the quota for each species as prescribed above.

[36 FR 7432, Apr. 20, 1971]

§ 230.26 Sperm whale quota for the North Pacific Ocean.

Beginning with the 1971 season for taking sperm whales, it is forbidden for persons or vessels under the jurisdiction of the United States to take more than 75 sperm whales from the waters of the North Pacific Ocean and dependent waters.

[36 FR 7432, Apr. 20, 1971]

RECORDS AND REPORTS

§ 230.30 Records to be maintained on whale catchers.

There shall be maintained on each whale catcher a suitable log book or other record in which shall be recorded the following information, and such record shall be available for inspection

by any person authorized by law or by this part to act as an inspector or enforcement officer, who shall be permitted to abstract therefrom such information as may be needed by the U.S. Government:

(a) The date and hour of the killing or capture of each whale;

(b) The point in latitude and longitude where each whale was killed or captured;

(c) The species of each whale killed or captured;

(d) The time of delivery of each whale to the land station or factoryship;

(e) Data specified under paragraphs (a), (b), and (c) of this section for each whale killed and later lost, or for some other reason not delivered to a factoryship or land station for processing, with an account of the circumstances surrounding such loss or nondelivery;

and

(f) Any observations on migration of whales and on location of calving grounds.

§ 230.31 Records to be maintained on factoryships and at land stations.

(a) There shall be maintained in duplicate on board each factoryship and at each land station a detailed record of all whales received and processed as follows:

(1) Serial number of the whale (begin with number 1 on January 1 of each year).

(2) Species of the whale.

(3) Date and time killed and date and time received by the factoryship or land station.

(4) Sex of the whale.

(5) Length of the whale. (Whales must be measured when at rest on deck or platform, as accurately as possible by means of a steel tape measure fitted at the zero end with a spiked handle which can be stuck into the deck planking abreast of one end of the whale. The tape measure shall be stretched in a straight line parallel with the whale's body and read abreast the other end of the whale. The ends of the whale, for measurement purposes, shall be the point of the upper jaw and the notch between the tail flukes. Measurements, after