TNAG-2973-FCO40-1242-Fisheries-Act-1981-whaling-amendments-extension-to-Dependen-1981 — Page 34

30

.Fisheries

Regulation of whaling. 1934 c. 49.

PART V

MISCELLANEOUS AND SUPPLEMENTARY

35.-(1) The Whaling Industry (Regulation) Act 1934 shall be amended as follows.

(2) For section 1 there shall be substituted-

"1.-(1) Subject to the provisions of this section, refer- ences in this Act to whales shall be construed as references to any cetacean, and the reference in section 6(4)(a) to whale products shall be construed accordingly.

(2) In their application to a ship registered in or licensed under the law of a colony or associated state sections 3 to 6 of this Act shall have effect as if references to whales were references only to the following cetaceans, that is to say- (a) wbales known as whalebone whales or baleen

whales; and

(b) whales known as sperm whales, spermacet whales,

cachalots or pot whales ;

but Her Majesty may by Order in Council direct that those references shall also include references to all other cetaceans or to any description of other cetaceans specified in the Order.

6) In secti (a) befor

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(b) for t

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10

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(3) An Order under subsection (2) above may provide that in its application by virtue of the Order this Act shall have effect with such exceptions, adaptations or modifications as may be specified in the Order; and any Order under that 25 subsection may be limited so as to apply only in relation to one or more colonies or associated states specified in the Order.

(4) Neither subsection (1) nor subsection (2) above shall be construed as extending, or enabling an Order to extend, 30 to other cetaceans so much of section 3 of this Act as is expressed to apply only to right whales, grey whales, blue whales or fin whales.”

(3) In sections 2, 3(1) and 4(2) (penalty for unlawful taking, treating, killing or attempting to kill whales) for the words 35 from "to imprisonment " onwards there shall be substituted the words "on summary conviction to a fine not exceeding £50,000 or on conviction on indictment to a fine.”

(4) In section 6(7) (penalty for contravening condition of licence) for the words from "to imprisonment to "and such 40 fine" there shall be substituted the words on summary con- viction to a fine not exceeding £5,000 or on conviction on indictment to a fine ".

(5) In sections 6(8) and 9(1) (penalty for failure to keep or falsifying records and for forgery of documents) for the words 45 from to imprisonment" onwards there shall be substituted the words "on summary conviction to a fine not exceeding £1,000 or on conviction on indictment to a fine.'

on c

(7) In sect

from the beg

Act" there si

ings taken by

15

(8) For the waters of ter with provision be treated as Act if it sub 20 without any a

36.—(1) A1 of the specics pilot whales si conviction to 25 indictment to

(2) The WL. have effect; a: lation) Act 191 grant licences 30 there shall be

37.-(1) Th the Import of! amended as fol

(2) In sectic 35 authorised by

substituted the of cach Act fo 'shall be substit

(3). In section 40 police constable

(4) In sectio feiture on con 'shail be substitu

(163)...