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The effect of this is that the restrictions on whaling resulting from the 1934 Act and later amendments apply in the coastal waters'' of a dependent territory whether they stand at least 3 miles, 12 miles or 200 miles as the case may be.
5.
The 1934 Act, which covers British ships anywhere, was extended to a large number of territories under UK jurisdiction by the Whaling Industry (Regulation) Act (Newfoundland, Colonies, Protectorates and Mandated Territories) Order 1936. For these territories the extension to grey whales was made by the Whaling Industry (Regulation) Act (Newfoundland, Colonies, Protectorates and Mandated Territories) Order 1941. Copies are enclosed.
6.
The effect of the Fisheries Act 1981 on the 1934 Act as later amended is to render the killing or taking (or attempts to kill or take) of immature cetaceans of any kind or of female cetaceans accompanied by their young under Section 3, and the taking or treating of all cetaceans without a licence under Section 4, a criminal offence under British law as it applies to British ships registered in the United Kingdom. HMG wish to extend this legislation as far as possible so that it will apply both to ships registered or licensed in Dependent Territories (see the new paragraph 1(2) in Section 35 of the 1981 Act) and also as part of the law of Dependent Territories as provided for in Section 46(7). For this purpose it is desired to amend or replace the 1936 and the 1941 Orders by means of a new Order in Council which would both bring them up to date and provide for the wider scope established by the Fisheries Act 1981 to be effective also in Dependent Territories. The Annex to the Order would of course be adjusted to give the names of the Dependent Territories for which the United Kingdom is currently responsible.
7. We would like at the same time to eliminate the exception for ''aborigines dwelling on the coasts of a Territory'', (Section 1(c) of the 1936 Order) since we do not believe that the circumstances which led to the inclusion of that provision exist any longer in any British Dependent Territory.
8. I should be grateful therefore if you would consider whether you see any objection to the enactment of an Order in Council extending to your Territory and to ships registered or licensed in it the wider scope of the 1934 Act as amended by the 1981 Act to cover all cetaceans.
9. Since we would like to make the new Order in Council within a reasonable period after the entry into force of the Fisheries Act 1981, we would be grateful for an indication by 31 December as to whether you see any objection to these proposals.
Salhonay
E A Mohan
Maritime, Aviation and Environment Department
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