TNAG-2973-FCO40-1242-Fisheries-Act-1981-whaling-amendments-extension-to-Dependen-1981 — Page 3

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153/1

Foreign and Commonwealth Office London SW1A 2AH

WAY

PLAYS. 1

2' SEP 1981

OFFICES

Telephone 01-

P.

OR

Your beference

Our reference

MRE 153/3

Date

16 September 1981

LAST PAPER

(Distribution: see attached)

4

Dear Governor/Administrator/Commissioner,

FISHERIES ACT 1981:

EXTENSION OF EXISTING WHALING LEGISLATION TO COVER ALL CETACEANS

P.a.

2119

1. As you will know, there is considerable public and parliamentary interest in this country in the protection of porpoises and dolphins as well as whales. This interest is provoked by the risk of extinction of certain species by the present inhumane killing methods and by inherent respect for an 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 all cetaceans. A list of cetaceans 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 came

into force on 2 August 1981. I enclose copies of Section 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 (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. The relevant part of this Act and the 1934 Act can be cited together as ''the Whaling Industry (Regulation) Acts 1934 and 1938''.

4.

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)

(b)

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in relation to the United Kingdom, the Channel Islands and the Isle of Man, so much of the waters adjoining those countries respectively as in within the British fishery limits; and

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''

1.

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