PUBLIC RECORD OFFICE
Reference :-
PETE CO. 885
22 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
23. Port Shep-
stone
Status
32
No. of Steamers Nationality. Bmployed.
Remarks,
Locality.
of site occupied.
Tenure.
Occupant.
Crown land.
Lease for 5
Shepstone
None
years right of re-
with
newal for
Whaling and Fishing Co., Ltd.
South African.
Lease commenced 1st
December, 1911.
further
5
Do.
years.
Do.
J. Ranch ... None
Do.
(Natal).
24. Port Shep.
stone
(Natal).
Floating Whaling Stations in operation.
Status
Locality.
of site occupied.
Tepure.
1. Wahltech
Bay.
2. Saldanha
Bay
and
west coast.
3. Not definite,
but off
Natal.
1
-
(a) No prospect of im-
mediate work.
(b) Lease
commenced
t
1st December, 1911.
Remarks.
No regulations issned
concerning floating whaling stations.
Occupant.
No, of Steamers Nationality. employed.
Durban Whal-
ing Co.
One,
South named African. "Pen-
"
South African Whaling Co.
taur.
One
Nor- wegian.
Do.
Madagascar
One
Whaling Co., Ltd.
Not known.
Do.
do.
APPENDIX 3.
do.
DRAFT REGULATIONS PROPOSED TO BE ISSUED UNDER ORDINANCE No. 12 OF 1911
(CAPE).
Draft Regulations as amended by Minister for Lands, and returned to Cape Province by Boerlands” Minute of 11th November, 1911.
•
Whale Fishing.
Regulations under Section 8 (d) of Ordinance, No. 12, of 1911.
I.
1. Every person granted a licence under these Regulations shall pay, in respect to every vessel employed by him in the pursuit of whales, a licence fee of Fifty pounds (£50).
2. Subject to the exception provided for in Section 8 (d) of the Ordinance, No. 12, of 1911, the owner or master of any whaling ship or vessel killing, pursuing, or capturing whales within any of the territorial waters of the Province of the Cape of Good Hope, unless duly licensed under these Regulations, shall, upon conviction in any competent Court of a contravention of the Ordinance, or of these Regulations, be liable to the penalties provided by the Ordinance in that behalf.
3. Every application for a 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 he made upon his own behalf, or the name, occupation, status, and domicile of his 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.
4. All applications for licences shall be subject to the approval of the Exe- cutive Committee of the Province, and to any conditions-general or special-not in conflict with the provisions of the Ordinance, which the said Committee may impose, and every applicant for a licence under these Regulations shall, before any approval of such licence is given, and before issue, sign in the presence of witnesses a written undertaking that he in all respects fully understands, accepts, and under- takes to be bound by all such terms and conditions.
33
5. In consideration of acceptance of the foregoing conditions, and due payment of the stated licence fee in respect to each ship or vessel to be employed in the pursuit of whales, the licensee shall be entitled to exercise and carry on, within any of the territorial waters of the Province of the Cape of Good Hope, all operations necessary to and connected with the pursuit, hunting, capture, and killing of whales: subject always to international maritime law and custom.
6. In respect to the observance of rules and practices habitually recognised by whale-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 imposed upon or shall in any way lie against the Provincial Executive by reason of any failure to observe, or breach by the licensee of such international laws or habitual customs or practices.
7. In their operations under the rights conferred by a licence under these Regulations, licensees shall at all times, and 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.
8. 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 under the hand of the Administrator, and upon the Administrator being satisfied that contravention of the terms of the Ordinance or of these Regulations has taken place, he may, under Sections 8 and 18 of the Ordinance, take such action as may to him seem necessary under the circum- stances, to procure the attendance of the licensee before a Court of competent juris- diction Provided that the Administrator may also, in his discretion, and pending appearance before a competent Court, take such action by way of seizure, under the 18th Section of the Ordinance, as he may, in the circumstances, deem and reasonably believe to be necessary for preventing fishing contrary to the provisions of the Ordi- nance or these Regulations.
9. No licensee under the Ordinance and these Regulations shall hunt, pursue,
or capture any whale within a distance of three miles from any island reserved by the Union Government for the production of guano or the protection of seabirds, nor shall such licensee within such limits at any time discharge any bomb, gun, rocket,
or other explosive. Particulars of islands protected under this Regulation shall from time to time be supplied for the guidance of licensees.
II.
10. In respect to 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 whale 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 machinery, appliances, and works, of whatever description, which it may be proposed to establish or instal; and shall also clearly define and describe, and, if necessary, furnish plans and diagrams of site, and any other information or par- ticulars, to the satisfaction of the Executive Committee, both in respect to the estab- lishment of any such station, and in respect to its maintenance and upkeep and pre- servation in sound and efficient condition and without offence, injury to public health, or creation of insanitary conditions.
11. No such shore or floating station shall be established at any point on the fore- shore 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 or stations to be authorised, as the Minister of Lands of the Union may specify and determine.
12. Any licensee authorised to establish and maintain a shore station or a floating station, and failing to carry out the terms and stipulations imposed, shall, upon conviction by a competent Court, be liable to the penalties provided in Section 17 of the Ordinance for contravention of the Ordinance or of Regulations thereunder.
13. In respect to the class of fishing boats specially exempted from licenco liability by the proviso to Sub-section (d) of Section 8 of the Ordinance, the sites upon which shall be carried out all operations in connection with the cutting-up,
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