28/10/1938:

WHALING : CLOSED AREAS AND CLOSE SEASONS.

I, Séamas Ó Riain, Minister for Agriculture, by virtue and in exercise of the powers vested in me by the Whale Fisheries Act, 1937 (No. 4 of 1937), and of every other power enabling me in this behalf, do make and ordain the following By-law :--

(1) It is prohibited to kill any baleen whale, during any period of the year,

(a) in the waters north of 66° North Latitude except that from 150° East Longitude eastwards as far as 140° West Longitude the killing of whales shall be permitted between 66° North Latitude and 72° North Latitude ;

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

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

(d) in the Pacific Ocean and its dependent waters west of 150° West Longitude between 40° South Latitude and 20° North Latitude ;

(e) in the Indian Ocean and its dependent waters north of 40° South Latitude.

(2) It is prohibited to kill any baleen whale during the period from the 8th day of December, 1938, to the 7th day of December, 1940, in that part of the waters south of 40° South Latitude from 70° West Longitude westwards as far as 160° West Longitude.

(3) It is prohibited to kill any baleen whale in any waters south of 40° South Latitude, other than those mentioned in paragraph (2) above, except during the period from the 8th day of December to the 7th day of March following, both days inclusive.

(4) It is prohibited to kill any humpback whale in any waters south of 40° South Latitude during the period from the date of this By-law to the 30th day of September, 1939.

(5) It is prohibited to kill any grey whale in any part of the sea outside the exclusive fishery limits of the State during any period of the year.

(6) The Interpretation Act, 1937 (No. 38 of 1937), applies to this By-law.

(7) In this By-law " baleen whale " means any whale other than a toothed whale ; " humpback whale " means any whale known by the name of humpback whale, huchbacked whale, hump whale, humpbacks or bunch ; " grey whale " means any whale known by the name of grey whale, California grey, devil fish, hardhead, mussel digger, greyback or ribsack.

(8) The Whale Fisheries By-law No. W.F.1, 1937, is hereby revoked.

(9) This By-law may be cited as the Whale Fisheries By-law No. W.F.3, 1938.

Given under my Seal of Office, this 28th day of October, 1938.

(Sgd.) SÉAMAS Ó RIAIN,

Minister for Agriculture.

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