WHALING INDUSTRY 1 1 These Regulations shall come into operation on the 2nd day of January, 1956, and may be cited as the Whaling Industry (Ship) Regulations, 1955. 2 In these Regulations, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say:— “ Blue Whale ” means a whale known by any of the names set out in Part II of the Schedule to the principal Act ; “ Dauhval ” means any unclaimed dead whale found floating ; “ Fin Whale ” means a whale known by any of the names set out in Part III of the Schedule to the principal Act ; “ Grey Whale ” means a whale known by any of the names set out in Part IV of the Schedule to the principal Act, as amended by section 43 of the Sea Fish Industry Act, 1938 ; “ Humpback Whale ” means any whale known by any of the names, bunch, humpback, humpback whale, humpbacked whale, hump whale or hunchbacked whale ; “ Land Station ” means a factory on land ; “ Minke Whale ” means a whale known by the name of lesser rorqual, little piked whale, minke whale, pike-headed whale or sharp headed finner ; “ Right Whale ” means a whale known by any of the names set out in part I of the Schedule to the principal Act ; “ Sei Whale ” means any whale known by the name of Sei whale, Rudolphi's rorqual, pollack whale or coalfish whale, and includes Bryde's whale ; “ Sperm Whale ” means a whale known by any of the names set out in Article 2 of the Order . 3 The Interpretation Act, 1889 shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament. 4 The Whaling Industry (Ship) Regulations, 1953 , the Whaling Industry (Ship) (Amendment) Regulations, 1954 and the Whaling Industry (Ship) (Amendment) Regulations, 1955 are hereby revoked. 2 1 For the purpose of section 3 of the principal Act, whales of the undermentioned species shall be deemed to be immature if they are of less than the lengths set out below in relation to each species, that is to say:— a Blue Whale, 70 feet; b Fin Whale, 55 feet in the Northern Hemisphere and 57 feet in the Southern Hemisphere; c Sei Whale, 40 feet; d Humpback Whale, 35 feet; e Sperm Whale, 38 feet; Provided that where Blue Whales, Fin Whales or Sei Whales are taken for delivery to a land station and the meat of such whales is intended to be used for local consumption as human or animal food, the lengths shall be respectively as follows, that is to say:— a Blue Whale, 65 feet; b Fin Whale, 50 feet in the Northern Hemisphere and 55 feet in the Southern Hemisphere; c Sei Whale, 35 feet; Provided also that where sperm whales are taken for delivery to a land station, the length shall be 35 feet. 2 Whales shall be measured when at rest on the deck or platform, as accurately as possible by means of a steel tape measure fitted at the zero end with a spiked handle which can be inserted into the planking of the deck or platform abreast of one end of the whale. The tape measure shall be stretched in a straight line parallel with the body of the whale and read abreast the other end of the whale. The ends of the whale for the purposes of measurement shall in each case be the point of the upper jaw and the notch between the flukes of the tail. Measurements after being accurately read on the tape measure, shall be recorded to the nearest foot. The measurement of any whale which falls exactly on a half-foot shall be recorded at the next foot above the half-foot. 3 Any application for a licence in respect of a ship shall be made in writing by the owners or charterers of the ship, and shall be sent with the amount of the licence fee to the Ministry of Agriculture, Fisheries and Food, 3, Whitehall Place, London, S.W.I. or to the Scottish Home Department, Edinburgh. 4 The fees to be paid in respect of the granting of licences for the use of ships shall be:— a in the case of a licence authorising the use of a ship for treating whales the sum of £200; and b in the case of a licence authorising the use of a ship for taking whales the sum of £75. Provided that:— i where in addition to the licence granted under the Acts a licence for the same whaling season has been or shall be granted in respect of any ship for taking whales in the coastal waters of any colony there shall be refunded from the sum specified in paragraph ( b ) either one-half thereof or one-half of the sum paid in respect of the licence for coastal waters whichever is the lesser; and ii where the right to use any ship or ships for taking whales in such coastal waters without licence fee is embodied in the terms of the lease of a land station a refund of one-half of the sum specified in paragraph ( b ) or one-half of the sum ordinarily charged in respect of a licence for such coastal waters whichever is the lesser shall be made in respect of each such ship the use of which is authorised by the lease. 5 1 Every licence shall be in such one of the forms set out in Parts I and II of the First Schedule to these Regulations as is appropriate in the case. 2 Notwithstanding anything to the contrary in these Regulations, every licence issued in accordance with the Whaling Industry (Ship) Regulations, 1953, as amended by the Whaling Industry (Ship) (Amendment) Regulations, 1954 and the Whaling Industry (Ship) (Amendment) Regulations, 1955, which is in force immediately before the coming into operation of these Regulations, shall be treated for the purposes of these Regulations as if it had been issued in accordance with these Regulations and in such one of the forms set our in Parts I and II of the First Schedule to these Regulations as is appropriate in the case and subject to the conditions set out in Part I or as the case may be Part II of the Second Schedule to these Regulations. 6 For the purpose of section 6, subsection (2) of the principal Act, the master or person in charge of every ship used for treating whales shall keep a record, on forms to be provided by the Minister of Transport and Civil Aviation, of the following particulars regarding each whale treated in the ship, that is to say:— a the date and time when and the approximate latitude and longitude where the whale was taken; b the marking of the whale, as effected by the ship used in taking it; c the species and sex of the whale; d the time of hauling up the whale for treatment; e the length measured in accordance with paragraph (2) of Regulation 2 hereof; f whether the whale contained any foetus; g the length and sex, if ascertainable, of any foetus found in the whale; h whether the whale was producing milk; i any explanation of circumstances in which any whale was taken or treated contrary to the provisions of the Acts, the Order or these Regulations. Such record shall be arranged so far as possible in the chronological order of the taking of the whales, and the particulars shall be entered in it immediately they become available. 7 The master or person in charge of every ship used for treating whales shall also keep a record on forms to be provided by the Minister of Transport and Civil Aviation containing the following particulars of operations carried on in, or in connection with, the ship, that is to say:— a for each day:— the number of whales of each species taken by ships attached thereto; the number of whales lost and an explanation of the circumstances in which each loss occurred; the number of whales fully treated; the number of whales partially treated; and the yield of oil of each grade produced; and b for each week:— the quantity produced (if any) of meal, fertiliser (guano) or other products specified separately. 8 1 The official measurements of the length of all whales treated on a ship used for treating whales, made as prescribed by paragraph (2) of Regulation 2 hereof, shall be taken by a Whale Fishery Inspector. 2 All other particulars required to be kept under Regulations 6 and 7 hereof shall be verified by a Whale Fishery Inspector at the time of tally. 9 The master or person in charge of every ship used for treating whales shall at the earliest possible opportunity after the conclusion of the whaling operations of each season send the said records either directly or through the owners or charterers of the ship to the Ministry of Agriculture, Fisheries and Food, 3, Whitehall Place, London, S.W.1, or to the Scottish Home Department, Edinburgh, for transmission to the Minister of Transport and Civil Aviation. 10 The sum to be paid pursuant to section 8, subsection (2) of the principal Act by a Whale Fishery Inspector to the master of a ship in respect of each day on which he is provided with subsistence and accommodation on board the said ship shall be five shillings. Given under the Official Seal of the Minister of Transport and Civil Aviation this twenty-second day of December, 1955. T. F. Bird An Under Secretary of the Ministry of Transport and Civil Aviation We approve the making of Regulation 10 of these Regulations. R. H. M. Thompson Gerald Wills Two of the Lords Commissioners of Her Majesty's Treasury Dated this twenty-first day of December, 1955