Whale Fisheries Act , 1937

1 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.

2 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.

3 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.

4 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.

5 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 charterer (if any) of such ship shall be guilty of an offence under this section.

(4) If any factory in Saorstát Eireann is used in contravention of this section, each of the following persons, namely, the manager and (subject to the provisions of this Act relating to statutory defences) the occupier of such factory shall be guilty of an offence under this section.

(5) Every person guilty of an offence under this section shall be liable on summary conviction thereof to the penalties mentioned in the Second Schedule to this Act.

6 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.

(2) Every application for a licence shall be in such form and contain such particulars as the Minister may require.

(3) The following additional provisions shall have effect in relation to an application for a shore factory licence, that is to say:—

(a) the intending applicant shall at least two months before making his application publish a notice, in such form as the Minister may require, of his intention to make such application in such newspaper or newspapers as the Minister shall direct,

(b) each of the following persons may, within twenty-one days after the publication of such notice, send a statement in writing to the Minister objecting to the grant of such licence and stating the grounds on which the objection is based, that is to say:—

(i) the council of the county or county borough within which it is proposed to establish the factory,

(ii) the board of health of the county health district within which it is proposed to establish the factory,

(iii) any other person interested.

7 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.

(2) Every whaling licence shall—

(a) be in such form as the Minister may direct,

(b) specify the ship or ships which may be used under such licence, and

(c) be expressed and operate to authorise the ship or ships specified in such licence to be used for the catching of whales, but subject to the provisions of this Act and any bye-laws made thereunder.

(3) Every factory ship licence shall—

(a) be in such form as the Minister may direct,

(b) specify the number of ships which may be used in connection with the factory ship to which such licence relates, and the area within which such factory ship may be operated,

(c) be expressed and operate to authorise such factory ship to be used for the treating of whales, but subject to—

(i) the provisions of this Act and any bye-laws made thereunder, and

(ii) the following conditions, namely, that no ships in excess of the number specified in such licence shall be used in connection with such factory ship, and that such factory ship shall not be operated in any area other than that specified in such licence.

(4) Every shore factory licence shall—

(a) be in such form as the Minister may direct,

(b) specify the number of ships which may be used in connection with the shore factory to which such licence relates,

(c) be expressed and operate to authorise such shore factory to be used for the treating of whales, but subject to—

(i) the provisions of this Act and any bye-laws made thereunder, and

(ii) the following condition, namely, that no ships in excess of the number specified in such licence shall be used in connection with such shore factory.

8 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.

(2) If there is a breach of any condition subject to which a shore factory licence is granted, each of the following persons, namely, the manager and (subject to the provisions of this Act relating to statutory defences) the occupier of the shore factory to which such licence relates shall be guilty of an offence under this section.

(3) Every person guilty of an offence under this section shall be liable on summary conviction thereof to the penalties mentioned in the Second Schedule to this Act.

9 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.

(2) Every licence under this Act shall (unless it is revoked under this Act) continue in force for a period of twelve months from the date on which it commenced and shall then expire unless it is renewed under this Act.

10 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.

(2) The Minister may in his absolute discretion grant or refuse an application for the renewal of a licence under this Act.

(3) Every renewal of a licence under this Act shall commence on the day next following the day on which such licence would, but for such renewal, have expired, and shall (unless it is previously revoked under this Act) continue in force for a period of twelve months from the date on which it commenced.

11 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.

(2) Different fees may be fixed by the Minister in respect of grants and renewals of different classes of licences and different such fees may be fixed in respect of different kinds of factories, and in respect of ships used in connection with such factories.

(3) The fees fixed under this section shall not exceed—

(a) in the case of a whaling licence, one hundred and fifty pounds in respect of each ship licensed under such licence, or

(b) in the case of a factory ship licence or a shore factory licence, two hundred and fifty pounds.

(4) All fees taken under this section shall be collected in money and taken in such manner as the Minister for Finance may from time to time direct, and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the said Minister.

(5) The Public Offices Fees Act, 1879, shall not apply in respect of any fees payable under this section.

12 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.

13 Revocation of licences.

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

(2) Where the holder of a licence under this Act has been convicted of an offence under any section of this Act, the Minister may revoke such licence.

14 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.

(2) The Minister, on the application of the holder or of the personal representative of the holder of a licence under this Act, may, if he thinks fit, transfer such licence to another person.

15 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.

(2) Records kept under this section shall be transmitted to the Minister at such times as the Minister may require.

(3) If, in relation to a factory ship licensed under this Act, the provisions of this section are not complied with, each of the following persons, that is to say, the master and (subject to the provisions of this Act relating to statutory defences) the owner and the charterer (if any) of such factory ship shall be guilty of an offence under this section.

(4) If, in relation to any shore factory licensed under this Act, the provisions of this section are not complied with, each of the following persons, namely, the manager and (subject to the provisions of this Act relating to statutory defences) the occupier of such factory shall be guilty of an offence under this section.

(5) Every person guilty of an offence under this section shall be liable on summary conviction thereof to the penalties mentioned in the Second Schedule to this Act.

16 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.

(2) The immediately preceding sub-section shall not apply in respect of any part of a whale intended to be used as food for human beings.

(3) Every factory licensed under this Act shall be equipped with plant of a kind approved by the Minister for extracting oil from the carcases of whales and, in the case of a shore factory, for utilising the residues after the oil has been extracted so that the fullest possible use can be made of such carcases, and such plant shall be maintained in proper working condition and operated efficiently.

(4) If, in relation to a factory ship licensed under this Act, the provisions of this section are not complied with, each of the following persons, that is to say, 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.

(5) If, in relation to any shore factory licensed under this Act, the provisions of this section are not complied with, each of the following persons, namely, the manager and (subject to the provisions of this Act relating to statutory defences) the occupier of such factory shall be guilty of an offence under this section.

(6) Every person guilty of an offence under this section shall be liable on summary conviction thereof to the penalties mentioned in the Second Schedule to this Act.

(7) If the Minister is satisfied in relation to any factory that the provisions of sub-section (3) of this section have not been or are not being complied with, the Minister may (whether a person has or has not been convicted of an offence under this section in relation to such non-compliance) revoke the licence in respect of such factory.

17 Remuneration of gunners and crews of whaling ships.