Whale Fisheries Act, 1937

Prohibition of use of unlicensed Saorstát Eireann ships and factories.

5.—(1) Without prejudice to the provisions of the immediately preceding section, it shall not be lawful for any Saorstát Eireann ship to be used outside the exclusive fishery limits of Saorstát Eireann for the taking of whales unless the owner or the charterer of such ship is the holder of a licence (in this Act referred to as a whaling licence) for the time being in force granted by the Minister under this Act authorising such ship to be so used, or for treating whales, unless the owner or the charterer of such ship is the holder of a licence (in this Act referred to as a factory ship licence) for the time being in force granted by the Minister under this Act authorising such ship to be so used.

(2) It shall not be lawful for any factory in Saorstát Eireann to be used for treating whales unless the occupier of such factory is the holder of a licence (in this Act referred to as a shore factory licence) for the time being in force granted by the Minister under this Act authorising such factory to be so used.

(3) If any Saorstát Eireann ship is used in contravention of this section, each of the following persons, namely, 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.

(4) If any factory in Saorstát Eireann is used in contravention of this section, each of the following persons, namely, the manager and (subject to the provisions of this Act relating to statutory defences) the occupier of such factory shall be guilty of an offence under this section.

(5) Every person guilty of an offence under this section shall be liable on summary conviction thereof to the penalties mentioned in the Second Schedule to this Act.