TNAG-2973-FCO40-1242-Fisheries-Act-1981-whaling-amendments-extension-to-Dependen-1981 — Page 8

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Mr Mohan MAED

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Reference

FISHERIES ACT 1981: WHALING AMENDMENTS: EXTENSION TO DEPENDENT TERRITORIES

1. I confirm that the Governor, Hong Kong, is the correct addressee for the circular letter attached to your minute of 16 July.

17 July 1981

P J Williamson

Hong Kong and General Department

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Mr Hope, W1AD

Mr Stephens, MCD

Mr R H Smith, SAMD

Mr Hewitt, EAD

Mr Hunt, SED

Mr McQuade, HKGD

Miss Harman, SPD

Mr Newsom (MAFF, Fisheries IIIB)

Mr Waymouth, (DOE, Bristol)

Mr Darwin, Deputy Legal Adviser

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FISHERIES ACT 1981: WHALING AMENDMENTS:

1.

EXTENSION TO DEPENDENT TERRITORIES

I would be grateful if addressees of this minute could let me have any comments on the attached self-explanatory draft circular to Dependent Territories. Copies of the relevant legislation are attached, but the list of cetaceans is not yet available.

2. In particular I would be grateful for confirmation that the intended addressees of the circular and the accompanying side-letters where appropriate have been correctly listed and that no-one has been omitted. (Draft side-letters are being sent only to the departments directly concerned: they cover Cayman Islands, Antigua, Bermuda, Pitcairn, Falkland Islands and BAT). The legislation is not in implementation of any international convention and I would be grateful for confirmation from SEAD that Brunei does not need to be included among the addressees.

3. As far as the West Indies Associated States are concerned, we believe that the normal course would be not to extend the legislation to them, even with their consent, but that they should themselves legislate in view of the extraterritorial powers explicitly granted in the West Indies Act 1967. However, we are reluctant to create what may be a precedent: for WIAS legislation to apply to British ships that happen to be registered there but which are engaging in activities far from those islands might make it more difficult for us to resist similar claims in future from other territories such as Bermuda or, closer to home, the Isle of Man or Channel Islands (to whom it is intended that this legislation should also eventually apply). With Antigua likely to terminate its status as an Associated State shortly, and with St Kitts-Nevis perhaps likely to do so before too long, we intend to examine the possibilities of extension of the legislation to WIAS in London only to start with. On the other hand, Anguilla is now an ordinary colony and should, we think, be brought into the general extension.

14. As to British Antarctic Territory, can SAmD confirm that the legal position is as stated, i.e. that the 1936 Order and the Falkland Islands local legislation continue to apply as part of the law carried over when British Antarctic Territory was formed out of the Falkland Islands dependencies?

15. The Sovereign Base Areas in Cyprus are a further individual problem. It would be satisfactory to include the SBAS in the Order so that we could say we had brought in all such territories. The 1936 Order did apply in Cyprus and therefore if it is abrogated some arrangements will have to be made in respect of the SBAS even if only to continue the existing ban on whaling. With no port of registry, the only effect of the new Order would be to allow the prosecution in the SBA courts of

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a breach of the Order. I would be grateful for SED's advice as to the appropriate way of exploring the inclusion of the SBAS in the effects of the circular.

6.

I would be grateful for comments from Departments by 3 August.

16 July 1981

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Jalhoney

E A Mohan

Maritime, Aviation & Environment Department

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