Whale Fisheries Act, 1937

• Jurisdiction: Ireland
• Citation: IR No. 4/1937

Number 4 of 1937.
WHALE FISHERIES ACT, 1937.
ARRANGEMENT OF SECTIONS
Section 1. Definitions. 2. Application of this Act. 3. Prohibition of catching or treating whales within the exclusive fishery limits of Saorstát Eireann. 4. Protection of certain whales. 5. Prohibition of use of unlicensed Saorstát Eireann ships and factories. 6. Applications for licences. 7. Grant of licences. 8. Penalty for breach of condition of licence. 9. Commencement and duration of licences. 10. Renewal of licences and duration of renewals. 11. Fees on grant and renewals of licences. 12. Amendment of licences. 13. Revocation of licences. 14. Transfer of licences. 15. Records to be kept at factories. 16. Factories and ships used for treating whales to be properly operated and equipped. 17. Remuneration of gunners and crews of whaling ships. 18. Bye-laws. 19. Taking or killing whales for scientific purposes. 20. Residence of sea fisheries protection officer in ships and factories. 21. Powers of sea fisheries protection officers. 22. Agents of the Minister. 23. False statements and forgery of documents. 24. Statutory defences. 25. Jurisdiction of District Court. 26. Prosecution of offences. 27. Service of summonses. 28. Seizure and detention of ships. 29. Recovery of fines. 30. Reciprocal enforcement of penalties. 31. Regulations. 32. Expenses. 33. Repeal. 34. Short title.
FIRST SCHEDULE
SECOND SCHEDULE
Acts Referred to Sea Fisheries Protection Act, 1933 No. 53 of 1933 Fisheries Act, 1925 No. 32 of 1925 Courts of Justice Act, 1936 No. 48 of 1936 Courts of Justice Act, 1924 No. 10 of 1924
Number 4 of 1937.
WHALE FISHERIES ACT, 1937.
AN ACT TO ENABLE EFFECT TO BE GIVEN, SO FAR AS SAORSTÁT EIREANN IS CONCERNED, TO AN INTERNATIONAL CONVENTION FOR THE REGULATION OF WHALING, SIGNED AT GENEVA ON THE 24th DAY OF SEPTEMBER, 1931, TO PROHIBIT THE TAKING OR TREATING OF WHALES WITHIN THE EXCLUSIVE FISHERY LIMITS OF SAORSTÁT EIREANN, AND TO MAKE PROVISION FOR DIVERS MATTERS CONNECTED WITH THE MATTERS AFORESAID. [26th February, 1937.]
BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—
	Definitions.	1.—In this Act—
	the expression “the Minister” means the Minister for Agriculture;
	the word “ship” has the same meaning as in the Merchant Shipping Act, 1894 ;
	the expression “Saorstát Eireann ship” means a ship registered in Saorstát Eireann under the Merchant Shipping Acts, 1894 to 1933;
	the word “master” in relation to any ship, includes the person in command or in charge of the ship at the relevant time and, in relation to a ship used for treating whales, includes the person in charge at the relevant time of the operations on board such ship in connection with such treatment;
	the expression “shore factory” means a factory in Saorstát Eireann equipped for the treating of the carcases of whales or parts or primary products of such carcases;
	the expression “factory ship” means a Saorstát Eireann ship equipped for the treating of the carcases of whales or parts or primary products of such carcases;
	the word “factory” when used without qualification shall be construed as equivalent to the expression “a shore factory or a factory ship”;
	the expression “the exclusive fishery limits of Saorstát Eireann” means that portion of the seas within which citizens of Saorstát Eireann have, by international law, the exclusive right of fishing and where such portion is defined by the terms of any convention, treaty or arrangement for the time being in force made between Saorstát Eireann and any other State includes as regards the ships and subjects of such State the portion so defined;
	the expression “sea fisheries protection officer” means a person who is a sea fisheries protection officer for the purposes of the Sea Fisheries Protection Act, 1933 (No. 53 of 1933);
	the word “prescribed” means prescribed by regulations made by the Minister under this Act.
	Application of this Act.	2.—(1) Subject to the provisions of the next following sub-section of this section, this Act applies in respect only of whalebone or baleen whales.
	(2) The Minister may at any time make an order declaring that this Act or any one or more sections of this Act shall apply, either generally or in a specified area and subject to such exceptions, adaptations, and modifications as may be specified in such order, in respect of any kind of whales other than whalebone or baleen whales, and whenever the Minister makes such an order this Act shall have extended application in accordance with the terms of such order.
	(3) Every order made under this section (including an order under this sub-section) may be amended or revoked by the Minister by an order under this sub-section.
	Prohibition of catching or treating whales within the exclusive fishery limits of Saorstát Eireann.	3.—(1) It shall not be lawful for any ship to be used within the exclusive fishery limits of Saorstát Eireann for taking or treating whales.
	(2) If any ship is used in contravention of this section, the master of such ship shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds or, at the discretion of the court, either to imprisonment for any term not exceeding three months or to both such fine and imprisonment.
	(3) Where a whale which has been lawfully shot at and struck shall carry with it a fixed line into the exclusive fishery limits of Saorstát Eireann nothing in this section shall make it unlawful to continue the pursuit of such whale and to kill it within the exclusive fishery limits of Saorstát Eireann.
	(4) Every sea fisheries protection officer may for the purpose of enforcing this section exercise in relation to any ship the powers conferred on him by section 7 of the Sea Fisheries Protection Act, 1933 (No. 53 of 1933), as if he were exercising those powers for the purpose of enforcing that Act and as if such ship were a sea-fishing boat, within the meaning of that Act, and the said section 7 and section 8 of the said Act shall apply and have effect accordingly.
	(5) Sections 9 , 12 , 13 and 14 of the said Sea Fisheries Protection Act, 1933 , shall apply in respect of an offence under this section in like manner as the said sections apply in respect of an offence under any section of the said Act.
	Protection of certain whales.	4.—(1) In this section—
	the expression “right whale” means a whale of any of the kinds mentioned in the First Schedule to this Act;
	the expression “immature whale” means a whale the length of which is less than the prescribed length.
	(2) For the purposes of the immediately preceding sub-section regulations under this Act may prescribe different lengths for different kinds of whales and may prescribe the manner in which the lengths are to be measured.
	(3) It shall not be lawful outside the exclusive fishery limits of Saorstát Eireann for any person on board a Saorstát Eireann ship to kill or take or attempt to kill or take—
	(a) a right whale, or
	(b) an immature whale, or
	(c) a female whale which is accompanied by a calf or suckling whale.
	(4) If any person on board a Saorstát Eireann ship acts in contravention of this section, each of the following persons, namely, such first mentioned person, the master, and (subject to the provisions of this Act relating to statutory defences) the owner and the charterer (if any) of such ship shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in the Second Schedule to this Act.
	(5) Where a person has been convicted of an offence under this section, the following provisions shall have effect, that is to say:—
	(a) the court shall, in addition to any other penalty, order all whale-fishing gear found on the ship on board of which such offence was committed to be forfeited,
	(b) any whale-fishing gear so forfeited shall be disposed of by the Minister in such manner as he thinks fit,
	(c) any moneys arising on any such disposal shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.
	Prohibition of use of unlicensed Saorstát Eireann ships and factories.	5.—(1) Without prejudice to the provisions of the immediately preceding section, it shall not be lawful for any Saorstát Eireann ship to be used outside the exclusive fishery limits of Saorstát Eireann for the taking of whales unless the owner or the charterer of such ship is the holder of a licence (in this Act referred to as a whaling licence) for the time being in force granted by the Minister under this Act authorising such ship to be so used, or for treating whales, unless the owner or the charterer of such ship is the holder of a licence (in this Act referred to as a factory ship licence) for the time being in force granted by the Minister under this Act authorising such ship to be so used.
	(2) It shall not be lawful for any factory in Saorstát Eireann to be used for treating whales unless the occupier of such factory is the holder of a licence (in this Act referred to as a shore factory licence) for the time being in force granted by the Minister under this Act authorising such factory to be so used.
	(3) If any Saorstát Eireann ship is used in contravention of this section, each of the following persons, namely, the master and (subject to the provisions of this Act relating to statutory defences) the owner and the...