TNAG-2973-FCO40-1242-Fisheries-Act-1981-whaling-amendments-extension-to-Dependen-1981 — Page 35

Fisheries

31

84 shall be

.5

5

lion, refer-

references

6(4)(a) to

1

•

or licensed

10

10

ions 3 to 6

hales were

is to say-- or baleen

cet whales,

that those r cetaceans fied in the

provide that

shall have fications as

15

20

under that 25 · relation to

ified in the

aboye shall

r to extend, 30

is Act as is

whales, blue

wful taking.

the words 35 bstituted the ding £50,000

condition of

"and such 40 · mmary con- onviction on

to keep or or the words 45 substituted ot exceeding

1

6) In section 8(3) (obstructing inspectors)———

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(a) before the word "refuses", in each place where it

occurs, there shall be inserted the words

"without reasonable excuse and for the word obstructs there shall be substituted the words "wilfully ob- structs";

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(b) for the words "to a fine not exceeding one hundred pounds" there shall be substituted the words "on summary conviction to a fine not exceeding £5,000 or on conviction on indictment to a fine."

í.

(7) In section 10(2) (summary proceedings) for the words from the beginning to "proceedings taken by virtue of this Act" there shall be substituted the words "Summary proceed- ings taken by virtue of this Act ".

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15 (8) For the purposes of section 12 (power to exempt coastal waters of territory whose local law corresponds substantially with provisions of the Act) any provision of the local law may be treated as substantially corresponding to a provision of the Act if it substantially corresponds to that provision with or 20 without any amendment made by or by virtue of this section.

PART Y

Scotland.

36.-(1) Any person who drives ashore in Scotland any whale Landing etc. of the species of smaller whales known as bottlenose whales and of whales in pilot whales shall be guilty of an offence and liable on summary conviction to a fine not exceeding £50,000 or on conviction on 25 indictment to a fine.

(2) The Whale Fisherics (Scotland) Act 1907 shall cease to 1907 c. 41. have effect; and in section 17(1) of the Whaling Industry (Regu- 1934 c. 49. lation) Act 1934 for the words "the authority having power to grant licences under the Whale Fisheries (Scotland) Act 1907" 30 there shall be substituted the words "the Secretary of State".

live fish,

37.-(1) The Import of Live Fish (Scotland) Act 1978 and Import of the Import of Live Fish (England and Wales) Act 1980 shall be amended as follows.

1978 c. 35.

1930 c. 27.

(2) In section 1(3) of each Act (matters capable of being 35 authorised by licence) for the words "or keep" there shall be substituted the words "keep or release" and in section 3(1)(a)(ii) of each Act for the words "or keeping ", in both places, there shall be substituted the words “keeping or release ".

(3) In section 2(1) of each Act (powers of entry) the words "a 40 police constable " shall be omitted.

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(4) In section 3(3) of each Act (duty of court to order for- feiture on conviction of offence) for the word “shall " there 'shall be substituted the word "may,"

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(163)....

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