PUBLIC RECORD OFFICE
Reference :-
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ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
22 PUBLIC RECORD OFFICE, LONDON
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Any duly authorised officer may demand the production by a licensee of any licence at any time.
No. 80.-Every application for a whaling or porpoise fishing licence under these Regulations shall be made in writing addressed to the Provincial Secretary, and shall clearly and truly set forth the full name, occupation, and domicile of the applicant, if the application be made upon his own behalf, or the name, occupation, status and domicile of the principals if he be an agent. In the latter event his powers of representation and any other information and particulars respecting the application which may be required by the Provincial Secretary shall be formally established according to law.
No. 81. All applications for whaling or porpoise fishing licences shall be subject to the approval of the Executive Committee of the Province.
No. 82-Licensees shall be entitled to exercise and carry on within any of the territorial waters of the Province of Natal all operations necessary to and connected with the pursuit, hunting, capture, and killing of whales, porpoises, or other aquatic mammals, subject always to International Maritime Law and custom.
No. 83. In respect to the observances of rules and practices habitually recog- nised by whaling fishers, no licences or exemption is given or conferred by these Regulations, and no injunction or direction is imposed, and no liability or responsi- bility is placed upon or shall in any way lie against the Government or the Provincial Executive or any of their officers by reason of any failure to observe or breach by the licensee of such international laws or habitual customs or practices, nor for any loss or damage sustained or occasioned in or by the work of the enterprise.
No. 84.-In their operations under the rights conferred by a whaling licence under these Regulations licensees shall at all times pay due and proper regard to the safety and privileges of vessels engaged bonâ fide in fishing operations, whether with trawls, nets or hand lines, and whether at anchor or drifting, and shall, whether on the high seas or within territorial waters, confine themselves to the pursuit and capture of full- or well-grown specimens of whatever species it may be their object to obtain, and shall, as far as possible, refrain from liunting or destroying gravid females, females suckling, or calves. The crews and owners of all whaling boats shall be liable to the provision of these Regulations in respect of the pursuit of imma- ture whales and cows, and to such other conditions as may be from time to time imposed.
No. 85.-A licensee under these Regulations, or any person employed by him or on his behalf, shall not anchor or moor any whale, porpoise or other aquatic mammal which he may have captured or have in possession, for the purpose of manu- facturing oil or other products therefrom, at a distance from the factory or station belonging to such licensee greater than half-a-mile, and then for no longer period than may be necessary.
No. 86. All whales, porpoises or other aquatic mammals which may be landed on a wharf or foreshore shall be removed within (four) hours of such landing to a factory or station, and all such whales, porpoises or mammals shall be dealt with so that the initial process of manufacture and the complete consumption of any solid refuse that remains shall have been secured within (four) days from the date of its having been placed on the flensing plane or in the factory for treatment.
Such whale, porpoise or other aquatic mammal, or any solid part thereof, shall not be returned or allowed to pass into the sea, and all flensing planes or like appliances which may be used must be provided with tanks below to receive all liquid escaping from whales or porpoises during the process of flensing.
No. 87.-The operations of licensees within the territorial waters of the Province shall, in all respects and at any time, be liable and subject to inspection by any person duly authorised thereto by appointment of the Administrator."
No. 88. No licensee under these Regulations shall hunt, pursue, or capture any whale, porpoise or other aquatic mammal within a distance of three miles from any area or fishery reserved by the Union Government or Provincial Administration for any special purpose of protection, control, or conservation. Particulars of any such reserved areas or fisheries protected under this Regulation shall from time to time be supplied for the guidance of licensees.
No. 89. In respect of the establishment and maintenance of floating stations or stations on shore for the trying out or otherwise manipulating or manufacturing or working all or any of the products of whaling or porpoise fishing carried on under a licence under these Regulations, every licensee or applicant for a licence shall furnish in writing to the Provincial Secretary full particulars of all operations which
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it is proposed to undertake, and shall fully set forth, and, so far as it may be required, describe all boats, nets, slipways, machinery, appliances, and works of whatever description which it may be proposed to establish or instal; and shall also clearly define, describe and, if necessary, furnish plans and diagrams of site, and any other information or particulars, to the satisfaction of the Executive Committee, both in respect to the establishment of any such station and in respect to its maintenance and upkeep and preservation in sound and efficient condition, and without offence, injury to the public health, or creation of insanitary conditions.
No. 90.-No such shore or floating station shall be established, nor shall any work be performed or trespass be effected, at any part of the foreshore of the Province or within any of its territorial waters without the express permission of, and subject to, such terms, conditions, and stipulations, in respect to all matters connected with the establishment and upkeep of the station to be authorised, as the Minister of Lands of the Union and the Administrator may specify or determine.
No. 91. All issues or renewals of licences shall be subject to all laws, and to all regulations or rules required by competent authority, and to any requirements in respect to the lease of the station site, occupation of the foreshore, the applicable and relevant provisions of the Health and Harbour Acts and Regulations or other cognate matters which may at any time be stipulated or imposed by the Government of the Union or of the Province.
No. 92-All renewals of licences shall be subject to maintenance of the station and all its appliances and appurtenances in sound, proper, and efficient order and condition, and to the observance of all the requirements of the health and sanitary authorities to the satisfaction of the Administrator.
No. 93. No lease for a whaling or porpoise factory shall be granted until notice of the application therefor, giving full particulars in regard thereto, shall have been published in the Provincial Gazette and/or other approved publication, to the intent that any person interested in offering objection to the granting of the application shall have opportunity of doing so. The publication of all such notices under this section shall be at the cost of the applicant.
No. 94.--Every licensee under these Regulations shall furnish true returns of the captures and manufactures, giving such particulars with regard thereto as may be required, and such returns shall be in the form prescribed by the Principal Fisheries Officer, and shall be sent in month by month, or oftener if called for, and a licensee shall, when called upon to do so, furnish such returns concerning the working of the industry as may be desired. Every licensee shall lodge with the Administrator a certified copy of the memorandum and articles of association or deed of partner- ship, and shall, immediately after the preparation thereof, furnish copies of all reports and balance sheets relating to the business of whaling.
No. 95. If any licensee shall fail or refuse to comply with the Regulations, or render a false return, he may, in the discretion of the Administrator, in addition to any other punishment that may be imposed, be refused a renewal of his licence or a new licence in the ensuing year.
No. 96. The Principal Fisheries Officer, or other person acting under a written authority from him or from a Magistrate, may at all reasonable hours enter upon any land or on any factory or industrial works or vessel to which these Regulations apply, for the purpose of inspecting the same or ascertaining whether the provisions of the Ordinance or of these Regulations are being complied with, or in connection with a supposed offence, or make any plans or drawings he may require for the purpose. The owners and managers and any other persons engaged therein shall be required to render such person, and any health or sanitary officer, any reasonable facilities for carrying out his duties. Any person preventing or obstructing the Principal Fisheries Office or his deputy or any health or sanitary officer in the discharge of his duty under these Regulations shall be guilty of an offence.
No. 97.--No licensee shall employ as an assistant in his business afloat or in any public place any person after notice received from the Administrator that such person is not a fit and proper person to be so employed.
No. 98.--All boats, nets, and implements used or about to be used in breach of the Ordinance or of the Regulations, or without due and proper licence issued in that ghalf, or which are under any Regulation liable to be forfeited or destroyed, found on any foreshore or elsewhere in the Province, may be seized by any duly authorised officer, and for the purpose of such seizure any such officer may go on board any vessel or in any factory engaged in whaling.
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