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TYPE: Draft/FiñàKK*X
Reference
MRE/53/4
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PRIVACY MARKING
Dear Governor/High Commissioner/Administrator/Commissioners
SUBJECT: FISHERIES ACT 1981:
EXTENSION OF EXISTING WHALING LEGISLATION TO COVER OTHER CETACEANS
..In Confidence
CAVEAT......
Enclosures-flag(s)..
1.
As you will know, there is considerable public and parliamentary interest in this country in the protection of porpopises, dolphins and other lesser cetaceans, as well as whales. This interest is provoked both by the risk of extinction of certain species and by inherent respect for a high and intelligent order of animals.
2. In view of this it was decided to use a Fisheries Bill already in the legislative programme as a vehicle for extending the existing whaling legislation to cover and cetaceans. A list of cetaceans (excluding the already-covered whalebone, baleen and sperm whales) is enclosed', though you will appreciate that it can not be regarded as exhaustive and that it has no legislative significance. The Bill has now been enacted as The Fisheries Act 1981 which will come into force on 2 August 1981. I enclose copies of Sections 35 and 46, which are the only sections relevant to this correspondence (the remaining
provisions are solely concerned with fisheries around the United
Kingdom).
3. The basic whaling legislation is the Whaling Industry (Regulation) Act 1934 (copy enclosed). The Act originally covered whalebone whales and baleen whales but Section 1 was extended to cover sperm whales by the Whaling Industry (Sperm Whales) Order 1937, SRO 1937 No 628 (copy enclosed). Section 3(1)(a) of the 1934 Act was extended to cover grey whales by the Sea Fish Industry Act 1938 s 43.
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