TNAG-2973-FCO40-1242-Fisheries-Act-1981-whaling-amendments-extension-to-Dependen-1981 — Page 12

Furthermore, by the Fisheries Limit Act 1964 Section 3(3) and. Schedule 1, and by The Fishery Limits Act 1976 Schedule 2 paragraph 11, the term "coastal waters" was amended so as to currently read as

follows:

"coastal waters" means

(a) in relation to the United Kingdom, the Channel Islands and the Isle of Man, so much of the waters

adjoining those countries respectively as is within the British fishery limits; and

(b) in relation to any other country, so much of the

waters adjoining that country as is within the distance

to which provisions of the law of that country corresponding

to the provisions of this Act extend".

The effect of this is that the restrictions on whaling resulting from the 1934 Act and later amendments apply in the "coastal waters" of a dependent territory whether they stand at 3 miles, 12 miles or 200 miles as the case may be. 5. The 1934 Act, which covers British ships anywhere, was extended to a large number of territories under UK jurisdiction by the Whaling Industry (Regulation) Act (Newfoundland, Colonies, Protectorates and Mandated Territories) Order 1936.

For these territories the extension to grey whales was made by the Whaling Industry (Regulation) Act (Newfoundland, Colonies, Protectorates and Mandated Territories) Order 1941. Copies are enclosed.

6. The effect of the Fisheries Act 1981 on the 1934 Act as later amended is to

render the taking, ie catching, of lesser cetaceans under Section 4 a criminal

offence under British law as it applies to British ships registered in the United Kingdom and Colonies. HMG wish to extend this legislation as far as possible so that it will apply both to ships registered or licensed in Dependent Territories (see the new paragraph 1(2) in Section 35 of the 1981 Act) and also

as part of the law of Dependent Territories as provided for in Section 46(7).

For this purpose it is desired to replace the 1936 Order and the 1941 Orders}

with a new Order in Council which would both bring it them up to date and provide. for the wider scope established by the Fisheries Act 1981 to be effective also in

Dependent Territories. The Annex to the Order would of course be adjusted to give the names of the Dependent Territories for which the United Kingdom is currently responsible.

7. We would like at the same time not to re-enact the exception for "aborigines dwelling on the coasts of a Territory", (Section 1(c) of the 1936 Order) since we

do not believe that the circumstances which led to the inclusion of that provision

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