PUBLIC RECORD OFFICE
Reference :-
mmmmiimiC.O. 885
22 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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licence shall carry such distinctive mark or number as the Principal Fisheries Officer may from time to time prescribe, and such mark shall be specified in the licence.
No. 77. No net shall be used for whaling or porpoise fishing under these regula- tions which shall have a less mesh than six inches, or which exceeds 6,000 feet in length, and such net may be divided into sections, but no such division shall be allowed which shall cause any diminution in the size of the mesh of the net.
No. 78. For each factory erected within the jurisdiction of the Province of Natal and used in connection with the whaling industry there shall be paid an annual licence charge of £1.
No. 79. No licence issued under these regulations shall endure after the 31st day of December following the date of its issue.
The Licensing Officer may issue licences in respect of the boats and nets after the 30th June at one-half the prescribed fee.
All applications for licences under these regulations shall be made on the prescribed form.
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 repre- sentation 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 observance of rules and practices habitually recognised by whaling fishers, no licence or exemption is given or conferred by these regulations, and no injunction or direction is imposed, and no liability or responsibility 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 hunting or destroying gravid females, females suckling, or calves. The crews and owners of all whaling boats shall be liable to the provisions of these regulations in respect of the pursuit of immature 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 manufacturing 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
necessary.
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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 appli
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ances 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 Pro- vince 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 it is proposed to undertake, and shall fully set forth and, so far as may be required, describe all boats, nets, slipways, machinery, appliances, and works of whatever description which it may be proposed to establish or install; and shall also clearly define and 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 main- tenance 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 he 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 prescibed 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 memo randum and articles of association or deed of partnership, and shall, immediately after the preparation thereof, furnish copies of all reports and balance sheets relat ing 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