Whaling Regulations (Amendment)

STATUTORY RULES.

1948. No. .

REGULATIONS UNDER THE WHALING ACT 1935-1948.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations. under the Whaling Act 1935-1948.

Dated this  NINTH

day of  FEBRUARY  , 1949.

W. J. McKell

Governor-General.

By His Excellency's Command,

Minister of State for Commerce and Agriculture.

Amendments of the Whaling Regulations. †

Definitions.

1. Regulation 3 of the Whaling Regulations is amended by inserting, before the definition of " the Act ", the following definition:—

“ ‘open season’ means such period as is specified by the Minister by notification in the Gazette; ”.

Prescribed length of whales.

2. Regulation 4 of the Whaling Regulations is amended—

(a) by omitting the figures “60” and inserting in their stead the figures “70”;

(b) by omitting the figures “50” and inserting in their stead the figures “55”; and

(c) by adding at the end thereof the following words and figures:—

“ Sei whales—40 feet.

Humpback whales—35 feet.

Sperm whales—35 feet.”.

Prescribed authority under section 10 of the Act.

3. Regulation 5 of the Whaling Regulations is repealed and the following regulation inserted in its stead:—

“5. The Secretary, Department of Commerce and Agriculture, shall be a prescribed authority for the purposes of section 10 of the Act.”.

* Notified in the Commonwealth Gazette on  , 1948.

† Statutory Rules 1936, No. 114.

3854.─Price 3D.  8/20.10.1948.

Conditions as to grant of licences.

4. Regulation 8 of the Whaling Regulations is amended—

(a) by omitting paragraph (a);

(b) by omitting paragraph (b) and inserting in its stead the following paragraph:—

“ (b) That the taking of whales for delivery to a ship or factory shall be so regulated or restricted by the master or person in charge of the ship or factory that no whale carcass (except a whale used as a fender) shall remain in the sea for a longer period than thirty-three hours from the time of killing to the time when taken up on the deck of the ship or in the factory for treatment efficiently and in accordance with paragraphs (a) , (b) and (c) of sub-section (1) of section 11 of the Act and that all whale catchers engaged in taking whales shall report by radio to the ship or factory the time when each whale is caught.”;

(c) by omitting paragraph (c); and

(d) by adding at the end thereof the following paragraphs:—

“ (e) That a ship or a whale catcher attached thereto shall not be used for the purpose of taking or treating baleen whales in any of the following areas:—

(i) in the waters north of 66° North Latitude except that from 150° East Longitude eastwards as far as 140° West. Longitude the taking or killing of baleen whales by a ship or whale catcher shall be permitted between 66° North Latitude and 72° North Latitude;

(ii) in the Atlantic Ocean and its dependent waters north of 40° South Latitude;

(iii) in the Pacific Ocean and its dependent waters east of 150° West Longitude between 40° South Latitude and 35° North Latitude;

(iv) in the Pacific Ocean and its dependent waters west of 150° West Longitude between 40° South Latitude and 20° North Latitude, except in those areas within the territorial waters of Australia known as Jervis Bay and Twofold Bay respectively; and

(v) in the Indian Ocean and its dependent waters north of 40° South Latitude, except in the area within territorial waters of Australia known as Shark Bay and the area within those waters northward from Shark Bay to North-west Cape, including Exmouth Gulf and King George's Sound.

“ (f) That a ship or a whale catcher attached thereto shall not be used for the purpose of taking or treating baleen whales in the waters south of 40° South Latitude from 70° West Longitude west-ward as far as 160° West Longitude;

“ (g) That a ship or whale catcher attached thereto shall not be used for the purpose of taking or treating humpback whales in any waters south of 40° South Latitude;

“ (h) That a ship or a whale catcher shall not be used for the purpose of taking or treating baleen whales in any waters south of 40° South Latitude except during the period from the fifteenth day of December to the first day of April next following (both days inclusive) or between such other days as are notified by the Minister by notice in the Gazette: Provided that the treatment of whales which have been taken during the open season may be completed after the end of the open season;

“ (i) That the licensee shall forward to the Secretary, Department of Commerce and Agriculture within two days after the end of each calendar week in an open season a notification of the number of baleen whales taken during the week in any waters south of 40° South Latitude by whale catchers attached to ships. For the purpose of this paragraph the notification shall be supplied in terms of blue whale units on the basis that one blue whale equals two fin whales or two and a half hump-back whales or six sei whales;

“ (j) That a land station or a whale catcher attached thereto shall not be used for the purpose of taking or treating baleen whales in any area or in any waters for more than six months in any period of twelve months, such period of six months to be continuous;

“ (k) That a ship which has been used during an open season in any waters south of 40° South Latitude for the purpose of treating baleen whales shall not be used in any other area for the same purpose within a period of one year from the termination of that open season.”.

5. After regulation 8 of the Whaling Regulations the following regulation is inserted:—

“ 8a. The owner or master of any ship or occupier of any factory licensed to engage in the treating of whales shall notify the Secretary, Department of Commerce and Agriculture, within two days after the end of each calendar week the number of whales of each species treated during the week.”

Schedule.

6. The Schedule to the Whaling Regulations is amended—

(a) by inserting in Form W—3, after the column headed “Sex”, a column headed “Number of each species lost.”; and

(b) by omitting Form W—4 and inserting in its stead the following Form:—

Form W—4.

“Commonwealth of Australia.

Department of Commerce and Agriculture.

Whaling Act 1935-1948.

RETURN OF PARTICULARS REQUIRED BY THE WHALING ACT 1935-1948 TO BE FURNISHED EACH YEAR BY THE OWNER OR MASTER OF A SHIP OR THE OCCUPIER OF ANY FACTORY LICENSED TO ENGAGE IN TREATING WHALES.

Land Station or Ship:

Catchers: No. 1 5 Area of Operation :

2  6

3  7 Sheet No.:

4  8

Season

I declare the above to be a full and correct return of the particulars required by Section 13 of the Whaling Act 1935-1948.

To the Minister for Commerce and Agriculture,

Department of Commerce and Agriculture.

Date  / /19 .

Owner or

Master of Ship

Occupier of Factory.”.

By Authority:  L. F. Johnston, Commonwealth Government Printer, Canberra.