deemed to be the maximum time that a whale should remain in the water, after killing, without market deterioration.

Paragraph 14 is similar to Article XIII of the 1937 Agreement. It is designed as a method of assuring that the basis for payments to crews does not tend towards violations of whaling regulations.

Paragraph 15 provides for the transmission to the Commission of all official laws and regulations relating to whales and whaling and changes in such laws and regulations, by all parties to the Agreement.

Paragraph 16 is similar to Articles XVI and XVII of the 1937 Agreement in that it provides for the submission of statistical data on all factory ships, whale catchers and land stations engaged in whaling operations. This information is to be transmitted to the International Bureau for Whaling Statistics or to such other body as the Commission may designate.

Paragraph 17 provides that notwithstanding the definition of land station contained in Article II of this Convention, a factory ship 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 (1) on the coast of Madagascar and its dependencies and on the west coasts of French Africa, and (2) in certain specified areas on the coasts of Australia. Paragraph 18 is similar to Article XVIII of the 1937 Agreement, and provides definitions of certain pertinent expressions appearing in the Schedule.

Among the matters presented in the Final Act are a recommendation that the Commission consider modification of the prohibition on the use of factory ships or their whale catchers for the purpose of taking Humpback Whales in any waters south of 40° South Latitude when biological or other data make this action advisable, a recommendation for the earliest possible acquisition of adequate scientific information in order to prescribe fixed seasons for land stations, and a recommendation for the study of infractions and penalties in order to achieve a large measure of uniformity with respect to the nature and severity of penalties imposed. It is also recommended that the chart of common and scientific names of whales annexed to the Final Act be accepted as a guide by the Governments represented. At the request of the Netherlands delegation its position regarding certain Norwegian statutory provisions was included in an Addendum to the Final Act.

The Delegation of the United States of America believes that the interests of this country will be served by ratification of the Agreements concluded at this Conference, since the Protocol will provide adequate regulation during the 1947/48 whaling season, and since the Convention, which is based on the experience gained in all of the previous work done in the international regulation of whaling, is designed to give effective long-range protection to the existing stocks of whales and to provide for the continuing development of those stocks.

MY DEAR MR. CHAIRMAN: Reference is made to your letter of June 16, 1949, acknowledged by telephone on June 17, requesting such comments as I may care to offer concerning S. 2C80, Eighty-first Congress, first session, entitled "A bill to authorize the regulation of whaling and to give effect to the International Convention for the Regulation of Whaling signed at Washington under date of December 2, 1946, by the United States of America and certain other governments, and for other purposes," a copy of which was forwarded with your letter.

Briefly, the bill would provide that a United States commissioner to represent the United States on the International Whaling Commission be appointed by the President on the recommendation of the Secretary of State and the Secretary of the Interior, to serve without compensation; permit the similar appointment of a

deputy United States commissioner; authorize the Secretary of State to present or withdraw objections to regulations and amendments of schedules of the convention, etc.; prohibit violation by any person subject to the jurisdiction of the United States of the International Convention for the Regulation of Whaling, or any pertinent regulation; provide for the issuance by the Secretary of the Interior, or an officer of the Department of the Interior designated by him, of licenses for whaling, processing whales, etc.; provide penalties for violations of the provisions of the convention and for failure to keep proper records; authorize specified persons to make arrests, searches, and seizures under the act, the convention, and regulations: authorize cooperation between the Commission, all Federal agencies, and £ate and private institutions and organizations in carrying out the provisions of the convention; authorize the Secretary of the Interior, through the Fish and Wildlife Service, to administer and enforce the act, the convention, and pertinent regulations, except that enforcement activities relating to vessels shall be primarily by the Secretary of the Treasury, in cooperation with the Secretary of the Interior; authorize necessary appropriations; and repeal the Whaling Treaty Act of May 1, 1936, 49 Stat. 1246.

Although this office has no special information with respect to the matter, there is not perceived any objection to favorable consideration of the proposed legislation, which appears to be adequate for the purposes intended.

MY DEAR SENATOR JOHNSON: Further reference is made to your letter of June 16, 1949, transmitting for the comments of the Department of State a copy if S. 2080, a bill "is authorized the regulation of whaling and to give effect to the International Convention for the Regulation of Whaling signed at Washington under date of December 2, 1946, by the United States of America and certain other governments, and for other purposes."

This Department perceives no objection to S. 2080 from the standpoint of its possible effects upon the international obligations of this Government. Because of the urgency of the matter we have not waited for Bureau of the Budget clearance of the report.

Sincerely yours,

ERNEST A. GROSS, Assistant Secretary. (For the Secretary of State).

Senator MAGNUSON. I understand the purpose of this bill, Senator Brewster, is to supplement the internation whaling agreement; is that

correct?

Dr. KELLOGG. That is correct.

Senator MAGNUSON. And to make such additions as might be desirable for us here and give statutory effect to the Convention.

We have with us for our first witness Dr. Kellogg who is Director of the National Museum, Washington, D. C. I have a note here that he is considered to be the outstanding authority in this country on whaling and he was chairman of the last whaling convention, so we will hear from you first, Dr. Kellogg.

STATEMENT OF DR. A. REMINGTON KELLOGG, DIRECTOR,

NATIONAL MUSEUM, WASHINGTON, D. C.

Dr. KELLOGG. I will just give a brief history of the whaling industry in about a page or two pages.

Year after year whaling has taken a toll in excess of the natural rate of reproduction, and one region after another has been depleted.

The rise, climax, and decline of the whaling industry has been reenacted time and again as the result of overfishing for particular kinds of whales. Sooner or later the operations were shifted from the exhausted whaling ground to some more promising new field and here. the exploitation was repeated.

Overfishing brought to an end the seventeenth century Basque fishery on the Atlantic coast of southern Europe and a like fate can be predicted for present operations in the Antarctic unless whaling operations are rigidly controlled by international agreement.

Svend Foyn's invention about 1867 of a harpoon gun, which could be mounted at the bow of a small steamer, resulted in the establishment of shore stations on some coasts and the abandonment of 3-year cruises by sailing vessels. Overfishing and the consequent depletion in numbers of whales in the vicinity of these shore stations led the industry later to return to the old method of oceanic whaling.

By this time, mechanical inventions and improved whaling methods far surpassing in efficiency any hitherto employed, made it possible for large ships to be outfitted with factory equipment and sent to far distant seas.

Sturdy, powerful steamers that could be quickly maneuvered were substituted for open rowboats and the hand harpoon was replaced by the grenade-equipped harpoon which was shot from a cannon. As a result of these improved methods of pursuit and handling, as well as the discovery of a method for hardening whale oil, the search for whales is now more active than ever before.

In 1904, the steamer Admiralen was converted into a factory ship and operated in the vicinity of Spitzbergen. Having found that a floating factory could operate successfully, the Admiralen was shifted to the Antarctic and commenced operations at Falkland Islands in 1905.

During the first few years of operation in Antarctic seas, the floating factory ships were steamers of 2,300 to 6,000 tons. During this period the whales were cut up alongside the factory ships; the blubber and the head were hoisted on board the ship for processing.

For more adequate utilization of the carcass, successive improvements have been made in these factory ships. The factory ships now operated in the Antarctic range from 10,000 to 22,000 gross tons. Each of these factory ships has a slipway, located at the stern above the propellers, on which the whale carcasses were hauled to the deck for cutting up and subsequent processing in the cooking apparatus.

From 6 to 14 whale catcher boats operate with one of these factory ships. The operation of the factory ship and the whale catcher boats requires a crew, according to the size of the expedition, of from 325 to 700 men.

Most of the whale factory ships were sunk during the past war. Those built since the war are fitted with the most recent developments in processing machinery. For example, the Norwegian factory ship Kosmos III is 638 feet in length. The flensing deck where the whale carcasses are cut up is 328 feet long and 78 feet wide.

Electric winches haul the whale carcasses up the slipway to the deck. The factory below decks is slightly shorter than the length of the flensing deck. At full capacity the processing equipment will produce 450 tons of whale oil each day.

During the 1947-48 Antarctic whaling season, 17 factory ships, 3 shore stations and 184 whale-catcher boats were operated in the Antarctic. The catch of these expeditions amounted to 31,318 whales. By processing these carcasses 2,104,051 barrels of whale oil were obtained. At world market prices this oil would be valued at more than $150,000,000.

Nevertheless, the quantity of oil produced per catcher boat day's work has steadily declined despite the fact that larger and more powerful catcher boats are now in use.

In 1934-35, the average quantity of oil produced per catcher boat day's work was 159 barrels, while in 1946-47 and 1947-48 it was reduced to 118 and 101 barrels respectively.

In 1934-35, the average gross tonnage of catcher boats was 256 and the average indicated horsepower 880. In 1947-48, the average gross tonnage of catcher boats was 347 tons and the average indicated horsepower 1,376.

In 1946-47, the average daily production of whale oil on a factory ship was 173 tons, while in 1947-48 it was reduced to 159 tons.

Since 1900 the world catch of whales has totaled more than 900,000 whales, and two-thirds of these whales were caught in Antarctic waters. That is over 600,000. Serious concern has been expressed regarding the increasing magnitude of whaling operations in the Antarctic, which have been conducted on such a large scale that regulatory measures are required if the future of the industry is not to be gravely endangered.

As the chairman has said, during 1946 I was chairman of the International Convention that drafted this 1946 agreement. The object was to provide a means for year to year regulation of the industry, and that is by setting up an international whaling commission.

In the past it has been necessary to have a procotol drafted whenever-well, it happened quite frequently-to provide the necessary changes that were required by the changes in the industry and this was a cumbersome process and rather expensive, and it was decided by all the countries that were interested in conserving the existing stocks of whales that some sort of a commission should be established which could take the necessary action to conserve what whales we have left.

Senator MAGNUSON. Doctor, how many countries signed this 1946 treaty?

Dr. KELLOGG. Twenty-one signed.

Senator MAGNUSON. Are those substantially the same countries that are engaged in whaling operations?

Dr. KELLOGG. Yes, sir.

Senator BREWSTER. How about Japan?

Dr. KELLOGG. Japan cannot sign until she has a statutory govern

ment.

Senator BREWSTER. Can she fish?

Dr. KELLOGG. She can fish under SCAP.

Senator BREWSTER. Does that mean she is regulated?

Dr. KELLOGG. She is regulated by the conventions under jurisdiction of SCAP-supervised inspectors.

Senator BREWSTER. Who appoints the inspectors?

Dr. KELLOGG. SCAP.

Senator BREWSTER. That means McArthur?

Dr. KELLOGG. Whoever he designates to supervise the thing. The National Resources actually does it.

Senator BREWSTER. It is under his control?

Dr. KELLOGG. That is right.

Senator BREWSTER. What will happen when, as and if there is a peace treaty?

Dr. KELLOGG. We hope that they have seen the light of day and that they will sign. Dr. Chapman can answer that.

Dr. CHAPMAN. It is contemplated that they will abide by such international agreement.

Senator MAGNUSON. Is that one of the conditions of the peace treaty?

Dr. KELLOGG. That has not been definitely decided upon but that is the running thought.

Senator MAGNUSON. What is the comparison of the number of whales, say, the last 10 years? What is the ratio of the American whaling industry as against other countries? Which country does the most whaling? Norway?

Dr. KELLOGG. Norway does the most.
Senator MAGNUSON. Who is second?

Dr. KELLOGG. Second is the United Kingdom.
Senator MAGNUSON. And then?

Dr. KELLOGG. Well, you see the big countries are Norway first, United Kingdom second, and the nit is a toss-up whether it is Netherlands or the Soviet, and then the Japanese and at the end would be the French.

Senator BREWSTER. Are we not at about the end?

Dr. KELLOGG. At present, yes, but before the war we had two factory ships-the Ulysses and the Frango.

Senator BREWSTER. Have we got any now?

Dr. KELLOGG. None at present.

Senator MAGNUSON. Is the Soviet a signatory to this treaty?
Dr. KELLOGG. They are a party to it.

Senator MAGNUSON. Have these other countries passed supplemental legislation such as we are considering here since signing the treaty? Dr. KELLOGG. Great Britain has a simpler procedure. It is done by order of counsel, by amendation of the previous act, but as I understand it, the other countries have the same legislation pending, to implement the treaty.

Senator MAGNUSON. I think we would like to know just briefly, in a general way, what the treaty provides. Not this legislation, but the treaty. How does it regulate whaling and what does it do and what have the countries agreed to?

Dr. KELLOGG. I think Mr. Chaney will cover it in his statement.

Mr. CHANEY. The Convention has probably two primary objectives. One is the establishment of the International Convention and the granting to that convention the authority to make investigations and recommendations to the signatory countries of regulations that should be adoped. The commission itself does adopt regulations, but they become effective only on the approval by the signatory countries. Senator MAGNUSON. Do I understand the agreement sets up a commission?

Mr. CHANEY. It sets up a commission.