Section 3 Protection for certain classes of whales.

United Kingdom

(1)

If any person belonging to a British ship to which this Act applies, while outside the coastal waters of the United Kingdom, kills or takes, or attempts to kill or to take,—

(a)

a right whale, F1or a grey whale, or

(b)

an immature whale, or

(c)

a female whale which is accompanied by a calf,

that person and the master and (subject to the following provisions of this Act) the owner and the charterer (if any) of the ship shall each be F2on summary conviction, or on conviction on indictment, to a fine.

(2)

For the purposes of this section a whale of any description shall be deemed to be immature if it is of less than such length as may be prescribed in relation to whales of that description:

Provided that the length prescribed for the purposes of this section in relation to blue whales shall not be less than sixty feet, and the length so prescribed in relation to fin whales shall not be less than fifty feet.

(3)

In this section—

(a)

the expression “calf” includes a suckling whale;

(b)

the expression “right whale” means a whale known by any of the names set out in Part I of the Schedule to this Act;

(c)

the expression “blue whales” means whales known by any of the names set out in Part II of the Schedule to this Act;

(d)

the expression “fin whales” means whales known by any of the names set out in Part III of the Schedule to this Act;

F3(e)

the expression “ grey whale ” means a whale known by any of the names set out in Part IV of the Schedule to this Act.

Annotations

Textual amendments

F1: Words inserted by Sea Fish Industry Act 1938 (c. 30), s. 43(a)
F2: Words in s. 3(1) substituted (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 2(3) (with reg. 5(1))
F3: S. 3(3)(e) inserted by Sea Fish Industry Act 1938 (c. 30), s. 43(a)