Whale Fisheries Act, 1937
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Protection of certain whales. |
4.—(1) In this section— | |
the expression “right whale” means a whale of any of the kinds mentioned in the First Schedule to this Act; | ||
the expression “immature whale” means a whale the length of which is less than the prescribed length. | ||
(2) For the purposes of the immediately preceding sub-section regulations under this Act may prescribe different lengths for different kinds of whales and may prescribe the manner in which the lengths are to be measured. | ||
(3) It shall not be lawful outside the exclusive fishery limits of Saorstát Eireann for any person on board a Saorstát Eireann ship to kill or take or attempt to kill or take— | ||
(a) a right whale, or | ||
(b) an immature whale, or | ||
(c) a female whale which is accompanied by a calf or suckling whale. | ||
(4) If any person on board a Saorstát Eireann ship acts in contravention of this section, each of the following persons, namely, such first mentioned person, the master, and (subject to the provisions of this Act relating to statutory defences) the owner and the charterer (if any) of such ship shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in the Second Schedule to this Act. | ||
(5) Where a person has been convicted of an offence under this section, the following provisions shall have effect, that is to say:— | ||
(a) the court shall, in addition to any other penalty, order all whale-fishing gear found on the ship on board of which such offence was committed to be forfeited, | ||
(b) any whale-fishing gear so forfeited shall be disposed of by the Minister in such manner as he thinks fit, | ||
(c) any moneys arising on any such disposal shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct. |