Whale Fisheries Act, 1937

Bye-laws.

18.—(1) The Minister may make bye-laws for all or any of the following purposes—

(a) prohibiting the use or possession on any Saorstát Eireann ship of any engine or implement constructed or designed for the pursuit, capture, killing or towing of whales and the use of any method of whaling which is in the opinion of the Minister injurious to whale or other fisheries; and

(b) prohibiting the killing, in any specified area or areas and during any period or periods of the year by means of Saorstát Eireann ships, of any kind or all kinds of whales; and

(c) prohibiting the landing in Saorstát Eireann of any kind or all kinds of whales during any period or periods of the year; and

(d) regulating the methods of manufacturing in factories for the time being licensed under this Act oil or other products from whales and the disposal of the refuse.

(2) Every person who acts or attempts to act in contravention of any bye-law made under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding such sum (which shall not exceed two hundred and fifty pounds) as may be specified in such bye-law in respect of such offence.

(3) Where a person is convicted of an offence against any bye-law made under paragraph (a) of sub-section (1) of this section, the following provisions shall have effect, that is to say:—

(a) the court shall, in addition to any other penalty, order any engine or other implement, the use or possession of which is prohibited by such bye-law, found on the ship on board of which such offence was committed to be forfeited,

(b) any engine or implement 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.

(4) The provisions of sub-sections (2), (3), (4) and (5) of section 28 of the Fisheries Act, 1925 (No. 32 of 1925), as amended by section 10 of the Courts of Justice Act, 1936 (No. 48 of 1936), shall apply in respect of bye-laws made under this section subject however to the modification that the provisions of the said sub-sections (3) and (5), other than those relating to publication in the Iris Oifigiúil, shall not apply.