Whale Fisheries Act, 1937

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WHALE FISHERIES ACT, 1937.

ARRANGEMENT OF SECTIONS Section

Section 1

Definitions.

Section 2

Application of this Act.

Section 3

Prohibition of catching or treating whales within the exclusive fishery limits of Saorstát Eireann.

Section 4

Protection of certain whales.

Section 5

Prohibition of use of unlicensed Saorstát Eireann ships and factories.

Section 6

Applications for licences.

Section 7

Grant of licences.

Section 8

Penalty for breach of condition of licence.

Section 9

Commencement and duration of licences.

Section 10

Renewal of licences and duration of renewals.

Section 11

Fees on grant and renewals of licences.

Section 12

Amendment of licences.

Section 13

Revocation of licences.

Section 14

Transfer of licences.

Section 15

Records to be kept at factories.

Section 16

Factories and ships used for treating whales to be properly operated and equipped.

Section 17

Remuneration of gunners and crews of whaling ships.

Section 18

Bye-laws.

Section 19

Taking or killing whales for scientific purposes.

Section 20

Residence of sea fisheries protection officer in ships and factories.

Section 21

Powers of sea fisheries protection officers.

Section 22

Agents of the Minister.

Section 23

False statements and forgery of documents.

Section 24

Statutory defences.

Section 25

Jurisdiction of District Court.

Section 26

Prosecution of offences.

Section 27

Service of summonses.

Section 28

Seizure and detention of ships.

Section 29

Recovery of fines.

Section 30

Reciprocal enforcement of penalties.

Section 31

Regulations.

Section 32

Expenses.

Section 33

Repeal.

Section 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.

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.

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.

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.

Applications for licences.

6.—(1) Subject to the provisions of this section, any person may apply to the Minister for a licence under this Act.

Grant of licences.

7.—(1) On receipt of an application for a licence under this Act the Minister may in his absolute discretion grant or refuse to grant the licence.

Penalty for breach of condition of licence.

8.—(1) If there is a breach of any condition subject to which a factory ship licence is granted, each of the following persons, namely, the master and (subject to the provisions of this Act relating to statutory defences) the owner and the charterer (if any) of the factory ship to which such licence relates shall be guilty of an offence under this section.

Commencement and duration of licences.

9.—(1) Every licence under this Act shall specify the date on which it commences and shall commence on the date so specified.

Renewal of licences and duration of renewals.

10.—(1) Any person who is the holder of a licence under this Act which is in force (whether by virtue of the original grant or a renewal of such licence) may, while such licence continues so in force, apply to the Minister for a renewal of such licence.

Fees on grant and renewals of licences.

11.—(1) Subject to the provisions of this section, there shall be paid to the Minister on every application for the grant or renewal of a licence under this Act a fee of such amount as the Minister may fix, and the payment of such fee shall be a condition precedent to the consideration of such application.

Amendment of licences.

12.—The Minister, on the application of the holder of a licence under this Act, may, if he thinks fit, amend such licence.

Revocation of licences.

13.—(1) The Minister, on the application of the holder of a licence under this Act, may revoke such licence.

Transfer of licences.

14.—(1) A licence under this Act shall not be transferable by the licensee or by operation of law to any other person.

Records to be kept at factories.

15.—(1) There shall be kept at or in every factory licensed under this Act a record, in such form as the Minister may require, of— (a) the date and place of capture, the species, sex and length measured in the prescribed manner of each whale treated at such factory and such other measurements and information (including information as to the contents of the internal organs) in relation to each such whale as the Minister may require; and (b) the number of whales treated at such factory and the amounts of oil of each grade and of meal, guano and other products derived from such whales.

Factories and ships used for treating whales to be properly operated and equipped.

16.—(1) There shall be extracted by boiling or otherwise from every whale treated in any factory licensed under this Act the oil from all blubber, and from the head and the tongue and in addition from the tail as far forward as the outer opening of the lower intestine.

Remuneration of gunners and crews of whaling ships.

17.—(1) No gunner nor any member of the crew of a ship in respect of which a whaling licence has been granted shall be engaged otherwise than on terms that his remuneration, in so far as it is calculated by reference to the results of his work, shall depend upon the size, species, yield of oil and value of the whales taken or killed.

Bye-laws.

18.—(1) The Minister may make bye-laws for all or any of the following purposes— (a) prohibiting the use or possession on any Saorstát Eireann ship of any engine or implement constructed or designed for the pursuit, capture, killing or towing of whales and the use of any method of whaling which is in the opinion of the Minister injurious to whale or other fisheries; and (b) prohibiting the killing, in any specified area or areas and during any period or periods of the year by means of Saorstát Eireann ships, of any kind or all kinds of whales; and (c) prohibiting the landing in Saorstát Eireann of any kind or all kinds of whales during any period or periods of the year; and (d) regulating the methods of manufacturing in factories for the time being licensed under this Act oil or other products from whales and the disposal of the refuse.

Taking or killing whales for scientific purposes.

19.—The Minister may at any time give permission in writing, for a specified period and subject to such specified conditions as he may think proper, to any person to take or kill whales for scientific or other exceptional purposes and whenever any such permission has been given to any person, such person shall, notwithstanding any of the provisions of this Act, be entitled to take or kill whales, subject to the conditions of his permit.

Residence of sea fisheries protection officer in ships and factories.

20.—The Minister may, if he considers it necessary for enforcing the provisions of this Act, appoint a sea fisheries protection officer to reside, either permanently or temporarily, on board any ship or at or in any shore factory, for the time being licensed under this Act, and require the owner, manager or master of such ship or the owner, occupier or manager of such factory to provide such officer with board and lodging on such ship or at or in such factory, and in any such case the following provisions shall have effect, that is to say:— (a) if the person to whom such requirement is addressed fails, neglects or refuses to comply with such requirement, the Minister may revoke the licence relating to such ship or factory, as the case may be, (b) the Minister shall out of moneys provided by the Oireachtas pay to such person in respect of such board and lodging such sums as the Minister, with the consent of the Minister for Finance, may fix.

Powers of sea fisheries protection officers.

21.—(1) For the purposes of enforcing this Act, a sea fisheries protection officer may (within or outside the exclusive fishery limits of Saorstát Eireann, but subject to the rules of international law) either in respect of any Saorstát Eireann ship which he believes is being used for taking or treating whales outside the exclusive fishery limits of Saorstát Eireann, or in respect of any Saorstát Eireann ship which is the subject of an order made by a Justice of the District Court under this Act authorising the seizure of such ship, do all or any of the following things, that is to say:— (a) order such ship to be stopped for the purpose of identification or of allowing him to go on board; (b) board such ship and inspect the ship; (c) require the owner, master, or crew of such ship to produce any certificate of registry, licences, log-books, papers or other documents relating to such ship, or to the crew or any member thereof, which are in the respective possession or control of any of them the said owner, master, and crew, and inspect and take extracts from or copies of any such certificates, licences, log-books, papers or other documents; (d) make all such enquiries as he considers it necessary to make; (e) search such ship; (f) in case such ship is used for treating whales, demand that any part of the plant for treating whales shall be opened up for inspection by him; (g) for the purposes of exercising any of the powers conferred on him by any of the foregoing paragraphs of this sub-section use such force as he may consider necessary and in particular, if an order given by him to such ship in the prescribed manner to stop is disobeyed or disregarded, may after first causing a gun to be fired as a signal, fire at or into such ship.

Agents of the Minister.

22.—The Minister may by warrant under his seal of office from time to time appoint such and so many persons as he thinks fit as his agents for the enforcement of this Act, and any person acting under the directions of any such agent may exercise all or any of the powers conferred on a sea fisheries protection officer by this Act.

False statements and forgery of documents.

23.—If any person with intent to deceive— (a) makes, in reply to any inquiry which a sea fisheries protection officer is entitled to make to such person under this Act, any statement which is false or misleading in any material respect; or (b) forges or uses, or lends to or allows to be used by any other person, a licence or permit under this Act or forges an entry in any record kept under this Act, or (c) makes or has in his possession any document so closely resembling a licence or a permit under this Act as to be calculated to deceive, such person 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.

Statutory defences.

24.—In any proceedings taken by virtue of this Act against the owner or charterer of a ship or the occupier of a factory in respect of any act or omission on the part of another person it shall be a good defence for the owner, charterer or occupier, as the case may be, to prove that the act or omission took place without his knowledge or connivance and was not facilitated by any negligence on his part.

Jurisdiction of District Court.

25.—Any offence under any section of this Act may be heard and determined by any Justice of the District Court.

Prosecution of offences.

26.—Any offence under any section of this Act may be prosecuted by or at the suit of the Minister as prosecutor.

Service of summonses.

27.—Rules of court under section 91 of the Courts of Justice Act, 1924 (No. 10 of 1924), may provide, in the case of summonses or other documents originating proceedings for offences under any section of this Act, in addition to any other method of service permitted by such rules, for the service of such summonses or documents outside the jurisdiction and for substituted service thereof, for the manner in which such service is to be effected, and for the proof thereof.

Seizure and detention of ships.

28.—(1) Where proceedings have been instituted for an offence under any section of this Act in relation to any act or omission on board a Saorstát Eireann ship, any Justice of the District Court may, on the application of the prosecutor, by order directed to a sea fisheries protection officer or officers authorise such officer or officers to seize and, if so seized, detain at a port in Saorstát Eireann such ship until such proceedings have been adjudicated upon by a Justice of the District Court, and such ship may be seized and, if so seized, shall be detained accordingly.

Recovery of fines.

29.—The following provisions shall have effect in relation to the recovery of a fine for an offence under any section of this Act and the costs (if any) ordered to be paid by the person (being the master, owner or charterer of a ship) convicted of such offence, that is to say:— (a) the court shall fix a time within which such fine and costs (if any) are to be paid; (b) where such ship is at the time of the hearing of the proceedings for such offence detained under the immediately preceding section the court shall by order directed to a sea fisheries protection officer or officers require such officer or officers to detain further, until such fine and costs (if any) are paid, at a specified port in Saorstát Eireann, such ship, and such ship shall be detained accordingly; (c) in the event of such fine and costs (if any) not being paid within the said time, such fine and costs (if any) may be recovered by distress and the sale of such ship; (d) nothing in the foregoing paragraphs shall prevent such fine and costs (if any) being recovered from such person by ordinary process of law.

Reciprocal enforcement of penalties.

30.—(1) If the Executive Council is satisfied that provision has been made or is about to be made in any country which is a party to the International Convention for the Regulation of Whaling signed at Geneva on the 24th day of September, 1931, for enforcing in such country the payment of any fine awarded in respect of an offence under any section of this Act, the Executive Council may, whenever and so often as they think fit, by order make such provisions as they think fit for enforcing in Saorstát Eireann the payment of any penalty or fine awarded in such country in respect of a breach of the laws of such country for giving effect to the said Convention, and may, without prejudice to the generality of the foregoing, by such order provide for all or any of the following matters, namely, the making of rules of court for the purposes of such order, the recovery of costs and expenses incurred in relation to any proceedings in Saorstát Eireann under such order, and the disposition of any moneys recovered under such order.

Regulations.

31.—The Minister may by order make regulations in relation to any matter or thing referred to in this Act as prescribed.

Expenses.

32.—All expenses of carrying this Act into execution shall, to such extent as shall be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Repeal.

33.—The Whale Fisheries (Ireland) Act, 1908, is hereby repealed.

Short title.

34.—This Act may be cited as the Whale Fisheries Act, 1937.

FIRST SCHEDULE.

Right Whales.

Atlantic right whale.

Arctic right whale.

Biscayan right whale.

Bowhead.

Greenland right whale.

Greenland whale.

Nordkaper.

North Atlantic right whale.

North Cape whale.

Pacific right whale.

Pigmy right whale.

Southern pigmy right whale.

Southern right whale.

SECOND SCHEDULE.

Penalties for Certain Offences.

A fine not exceeding five hundred pounds or, at the discretion of the Court, to either imprisonment for any term not exceeding six months or to both such fine and imprisonment.

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