CO885-(21-23) — Page 315

PUBLIC RECORD OFFICE

Reference :-

C.O. 885

22 PUBLIC RECORD OFFICE, LONDON

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

Whales not to be pur sued near

fishing

beats.

Certain

catching whales un- lawful.

shall

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4. No

person pursue, capture, shoot, or kill any whale within the distance of one nautical mile from any boat or vessel at anchor or engaged in fishing, or within the distance of one-half of such mile of any boat or vessel not at anchor or engaged in any fishing, under a penalty for each offence not exceeding two hundred dollars to be recovered in a summary manner before a Justice of the Peace.

5. It shall be unlawful to use in the catching of whales such methods by which methods of it depends upon chance alone that a whale can be traced and found, or to use any contrivance for the catching or killing of whales which does not include a harpoon with a whaling line attached thereto, and fixed, or fastened to the boat or vessel from which the whale is captured or killed, under a penalty for each offence of two hundred dollars, to be recovered in a summary manner before a Justice of the Peace. Liability of

6. The owner of every whaling steamer shall be liable for all damage and loss owner of steamer for occasioned to fishermen by collision, or in avoiding collision, with any such whaling dainage.

steamer, her cargo or gear, and the loss of a prospective catch of fish may be taken into account in estimating such damage.

Lial ility of owner of steater for accidents.

Duty in respect of

fouling fishing.

gear.

Employ ment of workmen.

Appeal.

Interpre

7. The owner of every whaling steamer shall be liable for all accidents whereby injury is caused by such whaling steamer to the person of anyone not employed or being on board such whaling steamer, whether there were contributory negligence

or not.

A whaling steamer finding, catching, or fouling any fishing gear, of which the owner is not known, shall take the same to the nearest port and give due and proper notice of the time and place of such finding, catching or fouling, under a penalty for every failure to report of fifty dollars, to be recovered in a summary manner before a Justice of the Peace.

9. It shall not be lawful to employ as an ordinary workman in or about the entebing of whales, or in or about the manufacture thereof into oil or other products, any person not being a British subject who has not been two years domiciled in this Colony, under a penalty for every person employed contrary to the provisions of this section of fifty dollars, to be recovered in a summary manner before a Justice of the Peace.

10. Any person who may feel aggrieved at any conviction under this Act, may appeal therefrom to the Supreme Court, upon giving security satisfactory to the convicting Justice.

11.

Person

in this Act shall include any body of persons, corporate or tation see unincorporate, and any registered company.

12. Nothing in this Act shall be held to apply to "

tion.

Saving sec tion. Repealing section.

Regula-

tions and

penalty- Promulge- tion in Provincial Gazelle,

porpoises."

An Act to regulate the Whaling 13. The Act 2 Ed. VII., Cap. 2. entitled Industry," and the Acts in amendment thereof, are hereby repealed, and all licences granted thereunder are hereby declared to be cancelled, and all the duties and obligations, and rights and privileges, imposed upon or granted to any person by or under any such licence, to have ceased and determined.

C

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UNION OF SOUTH AFRICA.

CAPE OF GOOD HOPE. ORDINANCE No. 12 of 1911.

To consolidate and amend the Fisheries Laws.”

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8. It shall be lawful for the Administrator to make regulations for all or any of the following purposes and to impose penalties for the contravention thereof: Provided that no such penalty shall exceed the penalty provided in section serenteen of this Ordinance :

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d) The issue of licences to kill, pursue or capture whales in any of the territorial waters surrounding the coasts, the payment of fees therefor

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and the conditions under which such licences shall be issued; provided that the fee required for such licences shall in no case exceed £50 per vessel employed in pursuit of whales. Provided that no licence shall be required to be taken out under this sub-section by duly registered fishing boats of twenty tons or less.

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All such regulations shall be promulgated in the Provincial Gazette and shall thereupon take effect and have the force of law unless some other date be therein prescribed for the commencement of their operation.

NATAL.

ORDINANCE No. 12, 1912.

To extend the provisions of Act No. 31, 1906 (Natal), For the control, conservation

and protection of Coast Fisheries.'

1 11

Be it enacted by the Provincial Council of the Province of Natal, with the assent of His Excellency the Governor-General in Council, as follows:-

Whaling

2.-1) From and after a date to be fixed by proclamation by the Administrator, with the consent of the Executive Committee, no person shall, without an annual Industry,

The expression licence from the Administrator, carry on in the Province or the territorial waters thereof the business or any part of the business, of whaling. 'whaling" includes the treatment of the carcases or parts of the carcases of whales or other aquatic mammals for the production of commercial products or the use or sale of the flesh, and the setting up of a place of business for any such purposes.

(2) The annual charge for a licence shall be £50, and every licence shall expire on the 31st day of December following the date of its issue.

(3) The regulations may prescribe the conditions for obtaining licences and all matters concerning their use and for the proper conduct and control of whaling in all respects, especially as regards keeping the premises and conducting the industry in a sanitary and cleanly manner and so as to prevent the creation of public nuisances or the diffusion of noisome smells. The regulations may also provide for the sus- pension or cancellation of licences for any serious breach of their conditions or for any conduct rendering it proper to withdraw a licence, as also for the refusal of the renewal of a licence, or of a new licence, to any but fit and proper persons.

NATAL

REGULATIONS CONTAINED IN GOVERNMENT NOTICE, No. 233 of 1912, dated DECEMBER 11, 1912.

WHALING AND PORPOISE FISHING.-

No. 74. No person shall, without the appropriate annual licence from the Administrator, carry on in the Province of Natal or the territorial waters thereof the business, or any part of the business, of whaling or porpoise fishing.

No. 75. The annual charges for whaling and porpoise licences shall be as follows:-

For a whaling licence

For a porpoise licence

£50

£25

Every such licence shall expire on the 31st day of December following the date of its issue, provided that companies carrying on the business of whaling at the date

of the commencement of these regulations shall not be required to take out a whaling licence until the 1st day of January, 1913.

The fee for a licence issued after the 30th day of June shall be £25 in the case

of a whaling licence and £12 10s. in the case of a porpoise licence.

No. 76. Every boat employed by the holder of a whaling or porpoise fishing

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