CO885-(21-23) — Page 313

PUBLIC RECORD OFFICE

Reference :-

C.O. 885

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

22 PUBLIC RECORD OFFICE, LONDON

Inspection

factories,

&c.

102

(4) No person shall pursue, kill, or shoot at any whale within three miles of low-water mark of any part of the coast of Ireland, and no holder of a licence or person employed by him shall pursue, kill, or shoot at any whale within the distance of one mile from any boat or vessel lying at anchor or engaged in fishing,

(5) No holder of a licence or person employed by him shall pursue, kill, or shoot whales between the first day of November in any year and the thirty-first day of March in the year following, both days inclusive; or during such other period of the year (not exceeding five weeks) within such distance (not exceeding twenty miles) of any particular part of the coast of Ireland as may be prescribed by the fishery authority, and no holder of a licence or person employed by him shall during the prohibited period land any whale killed in contravention of this section.

means a nautical mile. (6) In this section the expression "mile

(7) Any person acting in contravention of this section shall be guilty of an offence under this Act.

(S) Where a whale which has been lawfully shot at and struck shall carry with it a fixed line within an area prohibited in terms of this section, nothing in this section contained shall make it unlawful to continue the pursuit of such whale and to kill it in such area.

4. Holders of licences and all persons employed by them shall give all reason- of whaling able facilities for inspection by the fishery authority, and the officers of that authority, of all factories or stations and vessels employed by the holders of licences, and shall make such returns on any matter connected with their whaling business as the fishery authority may from time to time prescribe, and, if required by the fishery authority, shall verify such returns by statutory declaration.

Saving for certain

5. Nothing in this Act contained shall make it unlawful for any person to whales and pursue any of the whaling industries commonly followed in Arctic or Antarctic whaling

waters, or to engage in the manufacture of oil or other products from whales captured industries. in the exercise of any such industry.

Penalties.

By-laws.

6. Any person guilty of an offence under this Act shall, save as otherwise provided, be liable on conviction to a penalty not exceeding one hundred pounds.

7. (1) The fishery authority may make by-laws for all or any of the following purposes, that is to say :-

(a) Prohibiting the use of any engine or implement in the pursuit, capture, or towing of whales, or any method of whaling which is in the opinion of that authority injurious to fisheries;

(b) Regulating the methods of manufacturing oil or other products from

whales and the disposal of refuse;

and, save as otherwise provided by this Act, the provisions with respect to by-laws 5 & 6 Vict. contained in the Fisheries (Ireland) Act, 1842, (including penal provisions) shall

apply with the necessary modifications to every such by-law.

c. 108,

(2) By any by-law made under this section the fishery authority may impose a fine for the breach of any such by-law not exceeding ten pounds for any one offence and may direct the forfeiture or destruction of any engine or implement used or attempted to be used in contravention of any such by-law, and every rope, line, tackle, warp, iron and other thing attached to or used with such engine or implement.

(3) Any engine, implement, rope, line, tackle, warp, iron or other thing which is under any such by-law liable to be forfeited or destroyed may be seized by any duly authorised officer of the fishery authority or any officer appointed by the fishery 5 & 6 Vict. authority for the purposes of the Fisheries (Ireland) Act, 1842, and shall when scized be dealt with in the manner provided by section one hundred and three of the said Act, and for the purpose of such seizure any such officer may go on board any vessel engaged in whaling.

c. 106.

Legal pro- ceedings and appli- cation of

fees and

penalties.

S. - (1) All offences under this Act may be prosecuted, and all penalties, costs, or expenses imposed or recoverable under this Act may be recovered in a summary manner, and a summons in respect of any such offence may be served upon the person to whom it is directed in any part of the United Kingdom.

(2) Section eighty-nine (which relates to the powers of officers) and section ninety-six (which relates to the jurisdiction of magistrates of maritime counties) of

&6 Vict. the Fisheries (Ireland) Act, 1842, shall apply, with the necessary modifications, for

the purposes of this Act.

: 106.

103

(3) All licence fees, penalties, and moneys paid or recovered under this Act shall, notwithstanding any provision in any other Act, be paid to the fishery authority, and shall be applied by that authority for the purposes of sea fisheries as defined by the Agriculture and Technical Instruction (Ireland) Act, 1899, or any 62 & 63 Act amending that Act.

"

Vict. c. 50.

tion.

9. In this Act the expression "whaling steamer" includes any ship used for Interpreta- the purpose of capturing or killing whales, whether propelled by steam power or means the Department of otherwise; and the expression fishery authority Agriculture and Technical Instruction for Ireland; and the expressions county district" and "county borough have the same meanings respectively as in the Local Government (Ireland) Act, 1898.

61 & 02

Vict. c. 37.

10.--(1) This Act shall apply to Ireland only and shall come into operation on Applica the first day of January nineteen hundred and nine.

(2) This Act may be cited as the Whale Fisheries (Ireland) Act, 1908.

WHALE FISHERIES. BY-LAWS.

The Department of Agriculture and Technical Instruction for Ireland, by virtue of the powers conferred upon them by the Whale Fisheries (Ireland) Act, 1908, and of every other power enabling them in this behalf, do hereby make the following by-laws:-

1. Any whale brought into the area inside or eastward of imaginary straight lines from Achill Head to Blackrock, thence to Eagle Island, and thence to nearest part of the Mainland (all in the County of Mayo), for the purpose of manufacturing oil or other products therefrom, shall, within seven days of its having been so brought into such area, and before it is flensed or otherwise in any way cut up, be placed upon a fiensing plane.

2. Such whale or any solid part thereof shall not be returned or allowed to pass into the sea.

3. Such whale 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 seven days from the date of its having been placed on the flensing plane.

4. A licensee under the Whale Fisheries (Ireland) Act, 1908, or any person employed by him or on his behalf, shall not, within the area above defined, anchor or moor any whale 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 one-quarter of a statute mile; and no such licensee or person employed by him or on his behalf shall anchor, moor, secure, or have in possession, within the area above defined, any number of whales, from which it is intended to manufacture oil or other products, greater than twelve, exclusive of whales which may be on the flensing plane or in process of manufacture. 5. Any flensing plane constructed in Blacksod Bay, inside a line from Blacksod Point to Achill Head, must be provided with tanks below it to receive all liquid escaping from whales during the process of fiensing.

Each and every person offending against any of the foregoing By-laws shall forfeit and pay for each offence a sum of TEN POUNDS.

In witness whereof the Department of Agriculture and Technical Instruction for Ireland have hereunto set their official seal this second day of March, one thousand nine hundred and ten.

(L.S.)

T. P. GILL.

Secretary

By the Lords Justices and Privy Council in Ireland. ORDERED-That the said By-laws be, and the same are, hereby approved.

Given at the Council Chamber, Dublin Castle,

the 27th day of July, 1910.

tion, com-

mence- ment, and short title.