CO885-(21-23) — Page 314

།།

PUBLIC RECORD OFFICE

Reference :~

www.immi C.O. 885

22 PUBLIC RECORD OFFICE, LONDON

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

Licences

for whale fishery.

Conditions.

Approval of site of factory.

Assurance

of satis-

factory conduct of

business.

Plans of machinery &c., to be tiled.

•Machinery must be efficient.

Term of licence,

Oue ateamer

for each

factory

Time for

•

104

CANADA.

Canadian FISHERIES ACT, 1906, part relating to WhalinG,

WHALE FISHING.

S. 9. No one shall at any time engage in the manufacture from whales of oil or other commercial product, and no vessel or boat shall be employed in the whale fishery, except under licence from the Minister.

2. The Minister may issue licences to manufacture oil or other commercial product from whales, and to employ boats or vessels in whale fishery, but no such licence shall issue until :-

(a) The Minister has approved of the site of the factory, which shall not be within 50 miles of any other whale factory, or in such proximity to any inhabited place or places as in the opinion of the Minister may cause danger or detriment to the public health;

(b) The applicant therefor has given assurances to the Minister of a satis- factory nature that he is in a position to convert any whale captured into commercial products within twenty-four hours of the landing of such whale, and that he is also in a position to conduct his whale factory and business in such a manner that no noxious or deleterious matter will be introduced into any public waters, bays, creeks, rivers, or harbours;

(c) The applicant has filed with the Minister plans and specifications of the machinery to be contained in the proposed factory, and particulars of the reduction process;

(d) The applicant has satisfied the Minister that the machinery proposed to be used is of a kind already proved efficient for such purposes and of the most approved type theretofore used in the whaling industry.

3. No licence shall be for a period exceeding nine years; but the Governor- in-Council may renew a licence in favour of the licensee from time to time for periods of nine years, upon receipt of an application, in writing, for a renewal six months previously to the termination of the current period.

4. Repealed by c. 20 of 1910, s. 1.

5. The licence shall become void and forfeited unless the factory named therein commending is erected, equipped, and working within two years from the date of the issue of the operations. licence.

Licence fees.

6. The fee charged on each such licence shall be eight hundred dollars for the first year, one thousand dollars for the second year, and twelve hundred dollars for the third and each ensuing year, and the fee on all subsequent licences for the same factory shall be twelve hundred dollars; such fee shall be payable to the Minister of Marine and Fisheries, first on the issue of the licence, and on the first day of July in each year thereafter; Provided that the Governor-in-Council after the first two years may exact, in lieu of such fee, a sum equal to two per centum of the gross earnings of each factory, which shall be payable as aforesaid.

Forfeiture 7. Every licence, upon cause shown, after one month's notice in writing to the of licence. licensee, shall be liable to forfeiture for any infraction of this section, or any regula- tion under it, or for failure to fulfil and carry out the assurances required by this section to be given to the Minister previously to the issuing of a licence; and in the case of forfeiture, the Minister may, without any suit or other proceedings at law, and without compensation, cancel the licence.

C.Regula. tions by Governor

in Council.

L

Tow-boats

20

hot to he

used.

ca

fe

יון

8. The Governor in Council may, from time to time, make such regulations as to him seem necessary for carrying out and enforcing any of the provisions of this section, and for controlling and regulating the manufactures carried on in the licensed factories, and the disposal of all refuse therefrom.

9. Boats known as tow-boats shall not he used by any one in the prosecution of the whaling industry, and no vessel other than the vessel from which the whales have been captured or killed shall, by any method or contrivance, bring or tow into port any whale for manufacture or other purpose; but nothing in this section shall prevent any one, other than the holder of a licence or his employees, from towing any.dead whale to land, and having it manufactured or otherwise disposing of it in accordance with the provisions of this section.

105

10. No one shall pursue, capture, shoot or kill any whale within the distance Protection of one-half nautical mile of any vessel or boat not at anchor or engaged in any kind of other

of fishing, or within one nautical mile of any vessel or boat at anchor or engaged in any kind of fishing.

Vensela.

11. No one shall have in his possession or use in the catching or killing of Prohibited whales any contrivance which does not include a harpoon, with a whaling line attached thereto, fixed or fastened to the boat or vessel from which the whale is captured or killed.

contri-

vances.

Hudson

12. Notwithstanding anything in this section, the licence fee payable for any Licences vessel or boat engaged in the whale fishery or hunting whales within the waters for whal of Hudson Bay, or the territorial waters of Canada north of the fifty-fifth parallel ingin of north latitude, if not so engaged or hunting in connection with a factory estab- Bay and lished in Canada, shall he fifty dollars for each year; and, inasmuch as Hudson Bay northern is wholly territorial water of Canada, the requirements of this section as to licensing, waters. and as to the fee payable therefor, shall apply to every vessel or boat engaged in the whale fishery or hunting whales in any part of the waters of Hudson Bay, whether such vessel or boat belongs to Canada, or is registered and outfitted in, or commences her voyage from, any other British or foreign country. 4 E. VII., c. 13, s. 1; 6 E. VII., c. 13, s. 1.

NEWFOUNDLAND. CAP. XXIV.

AN ACT RESPECTING THE WHALING INDUSTRY.

[Passed 26th March, 1907. |

Section.

1.

Duty of person engaged in Whaling Industry as to offal.

2.

Governor in Council may make rules.

3.

Tow-boats prohibited.

4.

Whales not to be pursued near fishing boats.

5.

Certain methods of catching whales unlawful.

6.

Liability of owner of steamer for damage.

7.

Liability of owner of steamer for accidents.

8.

Duty in respect of fouling fishing gear.

9.

10.

Appeal.

11.

12.

Saving section.

13.

Employment of workmen."

Interpretation section.

Repealing section.

Be it enacted by the Governor, the Legislative Council and House of Assembly, Enacting

in Legislative Session convened, as follows:-

clause.

1. Every person engaged in the Whaling Industry shall provide proper and Duty of efficient means, appliances and machinery for the manufacture of the carcases and person en-

Whaling offal of whales into marketable products, and shall manufacture all such carcases and aged in offal into marketable products as fully and completely as such carcases and offal are industry as now being manufactured at or in connection with the several factories now in to offal. operation.

rules.

Tow-boats

2. The Governor in Council may, from time to time, make such rules and Governor

may make regulations as may be deemed necessary for the disposal of such portions of the in Council carcases of the whales brought to any factory or premises, or to any part of this Colony, as may not be manufactured into oil or other merchantable product, for the prevention of the same becoming a nuisance, or in any manner polluting the waters so as to be injurious to the public health or to the fisheries of this Colony; and such rules and regulations shall have the same effect and force as if herein enacted.

prosecu 3. Boats known as "tow-boats "shall not be used by any person in the tion of the Whaling Industry, and no vessels other than the vessels from or by which prohibited. the whale shall have been captured or killed, shall, by any method or contrivance, bring or tow into port any whale for manufacture or other purposes, under a penalty not exceeding two hundred dollars for each offence, to be recovered in a summary manner before a Justice of the Peace: Provided that nothing in this section shall prevent any person from towing any dead whale to land, and having it manu- factured, or otherwise disposing of same in a due and lawful manner.

33292

0