Concerning the Whales
Art. 1. These regulations are valid for the hunting of those whales indicated below when hunting is carried out in the territorial waters of Portugal and of the islands over which Portugal holds sovereignty:
Sperm whale, Physeter catodon (Linnaeus)
Common Whale, Baloenoptera physalus (Linnaeus)
Blue Whale, Baloenoptera musculus (Linnaeus)
Dwarf Whale, Baloenoptera acustorostrata (Linnaeus)
Hump-backed Whale or “Ampebeque,” Megaptera nodosa (Linnaeus)
II
Concerning the Boats
Art. 2. The craft used in the hunt shall be as follows:
a) Whaling sloops. Boats without decks, propelled by oar or sail, used in the hunt, that is to harpoon or kill the whales.
b) Launches. Mechanically propelled boats used to assist the whaling sloops by towing them and the whales killed. When necessary and within the terms of these regulations, such boats may be used in the hunt itself to surround and harpoon the whales.
Art. 44. The dimensions of whaling sloops are fixed by law as follows: length, from 10 to 11.5 metres; width, from 1.8 to 1.95 metres.
Art. 45. The launches must have a weight of at least 4 tons and a speed of at least 8 knots.
Art. 51. In addition to such tools and equipment as are necessary for the hunt, all whaling boats must carry the following items on board: an axe to cut the harpoon rope if this should be necessary; three flags, one white, one blue, one red; a box of biscuits; a container with fresh water; three Holmes luminous torches.
III Concerning the Conduct of the Hunt
Art. 54. It is expressly forbidden to hunt whales with less than two boats.
Art. 55. It is forbidden to throw the harpoon when the boats are at such a distance from each other as not to be able to offer mutual assistance in the event of an accident.
Art. 56. In the event of an accident, all boats in the vicinity must assist those in difficulty, even if this means breaking off the hunt.
Art. 57. If a member of the crew should fall overboard during the hunt, the master of the boat involved will break off all hunting activity, cutting the harpoon rope if necessary, and will attend to the recovery of the man overboard to the exclusion of all else.
Art. 57a. If a boat captained by another master is present at the place where the accident occurs, this boat cannot refuse the necessary assistance.
Art. 57b. If the man overboard is the master, command will pass to the harpooneer, who must then follow the regulation described at Art. 57.
Art. 61. The direction of the hunt will be decided by the senior of the two masters, except where prior agreement to the contrary has been declared.
Art. 64. In the event of dead or dying whales being found out at sea or along the coast, those who find them must immediately inform the maritime authorities who will have the responsibility of proceeding to verify the report and to remove any harpoons. The finder of the whale will have the right to remuneration which will be paid under the terms of Art. 685 of the Commercial Code.
Art. 66. It is expressly forbidden to throw loose harpoons (that is, not secured to the boat with a rope) at a whale, whatever the circumstances. Anyone who does so does not establish any right over the whale harpooned.
Art. 68. No boat shall, without authorization, cut the ropes of other boats, unless forced to do so to preserve their own safety.
Art. 69. Harpoons, ropes, registration numbers, etc., found on a whale by other boats shall be returned to their rightful owners, nor does returning such items give any right to remuneration or indemnity.
Art. 70. It is forbidden to harpoon or kill whales of the Balaena species, commonly known as French whales.
Art. 71. It is forbidden to harpoon or kill female whales surprised while suckling their young, or young whales still at suckling age.
Art. 72. In order to preserve the species and better exploit hunting activities, it will be the responsibility of the Minister for the Sea to establish the sizes of the whales which may be caught and the periods of close season, to set quotas for the number of whales which may be hunted, and to introduce any other restrictive measures considered necessary.
Art. 73. The capture of whales for scientific purposes may be undertaken only after obtaining ministerial authorization.
Art. 74. It is expressly forbidden to hunt whales for sport.
“Regulations Governing the Hunting of Whales,” published in the Diário do Governo, 19.5.54 and still in force
On the first Sunday in August the whalemen hold their annual festival in Horta. They line up their freshly painted boats in Porto Pim bay, the bell briefly rings out two hoarse clangs, the priest forms and climbs up to the promontory dominating the bay, where stands the chapel of Nossa Senhora da Guia. Behind the priest walk the women and children, with the whalemen bringing up the rear, each with his harpoon on his shoulder. They are very contrite and dressed in black. They all go into the chapel to hear Mass, leaving their harpoons standing against the wall outside, one next to the other, the way people elsewhere park their bicycles.
The harbor office is closed, but Senhor Chaves invites me in just the same. He is a distinguished, polite man with an open, slightly ironic smile and the blue eyes of some Flemish ancestor. There are hardly any left, he tells me, I don’t think it’ll be easy to find a boat. I ask if he means sperm whales and he laughs, amused. No, whalemen, he specifies, they’ve all emigrated to America, everybody in the Azores emigrates to America, the Azores are deserted, haven’t you noticed? Yes, of course I have, I say, I’m sorry. Why? he asks. It’s an embarrassing question. Because I like the Azores, I reply without much logic. So you’ll like them even more deserted, he objects. And then he smiles as if to apologize for having been brusque. In any event, you see about getting yourself some life insurance, he concludes, otherwise I can’t give you a permit. As for getting you on board, I’ll sort that out, I’ll speak to António José, who may be going out tomorrow, it seems there’s a herd on the way. But I can’t promise you a permit for more than two days.
A H
UNT
It’s a herd of six or seven, Carlos Eugénio tells me, his satisfied smile showing off such a brilliant set of false teeth it occurs to me he might have carved them himself from whale ivory. Carlos Eugénio is seventy, agile and still youthful, and he is mestre baleeiro, which, literally translated, means “master whaler,” though in reality he is captain of this little crew and has absolute authority over every aspect of the hunt. The motor launch leading the expedition is his own, an old boat about ten metres long, which he maneuvers with deftness and nonchalance, and without any hurry either. In any event, he tells me, the whales are splashing about, they won’t run away. The radio is on so as to keep in contact with the lookout based on a lighthouse on the island; a monotonous and it seems to me slightly ironic voice thus guides us on our way. “A little to the right, Maria Manuela,” says the grating voice, “you’re going all over the place.” Maria Manuela is the name of the boat. Carlos Eugénio makes a gesture of annoyance, but still laughing, then he turns to the sailor who is riding with us, a lean, alert man, a boy almost, with constantly moving eyes and a dark complexion. We’ll manage on our own, he decides, and turns the radio off. The sailor climbs nimbly up the boat’s only mast and perches on the crosspiece at the top, wrapping his legs around. He too points to the right. For a moment I think he’s sighted them, but I don’t know the whaleman’s sign language. Carlos Eugénio explains that an open hand with the index finger pointing upward means “whales in sight,” and that wasn’t the gesture our lookout made.