
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
FIRST SCHEDULE

SECOND SCHEDULE
PART I
1 
No person carried in the ship shall kill or
attempt to kill
(a) any baleen
whale in any of the following areas:—
(i) any
waters north of 66° north latitude other than the waters which are both
eastwards of 150° east longitude as far as 140° west longitude and
between 66° north latitude and 72° north latitude;
(ii) the
Atlantic Ocean and its dependent waters north of 40° south latitude;
(iii) 
the Pacific Ocean and its dependent waters east of 150° west longitude
between 40° south latitude and 35° north latitude;
(iv) the
Pacific Ocean and its dependent waters west of 150° west longitude between
40° south latitude and 20° north latitude;
(v) the
Indian Ocean and its dependent waters north of 40° south latitude;
(b) any baleen
whale (excluding any minke whale) in any waters, being waters other than those
specified in paragraph (a) of this condition,
south of 40° south latitude, at any time other than during a period beginning
on the 7th January in any year in the case of baleen whales other than blue
whales, or the 1st February in any year in the case of blue whales, and terminating
on the 7th April in the same year, both days inclusive;provided that
if the Bureau of International Whaling Statistics, Sandefjord, Norway, shall
determine an earlier date on which the quota of 15,000 blue whale units shall
be deemed to have been reached in accordance with paragraph 8 of the Schedule
to the International
Convention of the 2nd December, 1946 (amending
the 
International Agreement of the 8th June, 1937,
the 
Protocol of 24th June, 1938, and the Protocol of the 26th November,
1945, for the Regulation of Whaling), no baleen
whale (excluding any minke whale) shall be killed after that date;
(c) any humpback
whale in the North Atlantic Ocean;
(d) any humpback
whale in any waters south of 40° south latitude between 0° longitude
and 70° west longitude;
(e) any humpback
whale in any waters south of 40° south latitude except on the 1st, 2nd,
3rd and 4th February in any year;
(f) any calf
or suckling whale or female whale which is accompanied by any calf or suckling
whale;
(g) any minke
whale other than during the period during which the killing or taking of such
a whale is permitted under the terms of the ship's licence, and any sperm
whale other than during the period during which the treatment of such a whale
may be carried on by the factory ship to which the ship is for the time being
attached;
(h) any grey
whale or right whale, except when the meat and products of such whales are
to be used for local consumption by the aborigines;
(i) any blue
whale in the North Atlantic Ocean;
Provided that if at
any time during the currency of this licence the ship shall be attached to
a land station and used for the purpose of taking whales for treatment by
that land station, the conditions (a),
(b), (e)
and (g) above shall not apply to such ship
during the period in which it is so attached and used but the following conditions
shall apply thereto:—
The killing or taking of baleen, minke and sperm whales by the
ship at any time while the ship is attached to a land station shall be limited
to the period during which the treatment of any such whales may be carried
on at the land station to which the ship is for the time being attached.
2 

(a) All whales
taken shall be clearly marked so as to identify the catcher and to indicate
the order of catching.
(b) if and so
long as the ship is attached to a factory ship, there shall be reported by
wireless to the factory ship the time when each whale is taken, its species
and its marking effected pursuant to paragraph (a
a) of this condition.
(c) All whales
(except minke whales) taken shall be delivered to the factory ship or land
station.
3 
The remuneration of the gunners and crew of
the ship shall, so far as it is calculated by reference to the results of
their work, be calculated by reference to the size, species, oil and other
yield and value of the whales taken and in such manner as to exclude remuneration
in respect of whales the killing of which is prohibited by the Acts and the
Orders, and in respect of the killing of milk-filled or lactating whales.

4 
The owners or charterers shall furnish to the
Minister of Agriculture, Fisheries and Food or (as the case may require) to
the Scottish Home Department on or before the 30th November in each year an
account showing the remuneration of each gunner and member of the crew employed
during the period of twelve months prior to 1st November in each year and
the manner in which the remuneration of each of them is calculated.
5 
For the purposes of these conditions a whale
shall be deemed to be taken if it is killed and either flagged or made fast
to a vessel.
PART II
1 
There shall not be treated by the ship
(a) any baleen
whale killed in any of the following areas:—
(i) any
waters north of 66° north latitude other than the waters which are both
eastwards of 150° east longitude as far as 140° west longitude and
between 66° north latitude and 72° north latitude;
(ii) 
the Atlantic Ocean and its dependent waters north of 40° south latitude;

(iii) 
the Pacific Ocean and its dependent waters east of 150° west longitude
between 40° south latitude and 35° north latitude;
(iv) 
the Pacific Ocean and its dependent waters west of 150° west longitude
between 40° south latitude and 20° north latitude;
(v) the
Indian Ocean and its dependent waters north of 40° south latitude;
(b) any baleen
whale (excluding any minke whale) killed in any waters, being waters other
than those specified in paragraph (a) of
this condition, south of 40° south latitude, at any time other than during
a period beginning on 7th January in any year in the case of baleen whales
other than blue whales, or the 1st February in any year in the case of blue
whales, and terminating on the 7th April in the same year, both days inclusive;
provided that
the treatment of baleen whales which have been taken during such period may
be completed after the end of it;Provided also
that if the Bureau of International Whaling Statistics, Sandefjord, Norway,
shall determine an earlier date on which the quota of 15,000 blue whale units
shall be deemed to have been reached in accordance with paragraph 8 of the Schedule
to the International
Convention of the 2nd December, 1946 (amending
the 
International Agreement of the 8th June, 1937,
the 
Protocol of 24th June, 1938, and the Protocol of the 26th November,
1945, for the Regulation of Whaling), no baleen
whale (excluding any minke whale) taken after that date, shall be treated;

(c) any humpback
whale killed in the North Atlantic Ocean;
(d) any humpback
whale killed in any waters south of 40° south latitude between 0°
longitude and 70° west longitude;
(e) any humpback
whale killed in any waters south of 40° south latitude except on the 1st,
2nd, 3rd and 4th February in any year;provided that
the treatment of humpback whales taken on the said days may be completed thereafter;

(f) any sperm
whale taken other than during the period specified for that purpose in the
ship's licence;
(g) any grey
or right whale, except when the meat and products of such whales are to be
used exclusively for local consumption by the aborigines;
(h) any blue
whale killed in the North Atlantic Ocean.
2 
Where the ship has been used for treating baleen
whales south of 40° south latitude, it shall not be used for that purpose
elsewhere within a period of twelve months from the end of the season during
which the ship last treated whales south of 40° south latitude.
3 
The remuneration of persons employed in treating
whales on board the ship shall, so far as it is calculated by reference to
the results of their work, be calculated by reference to the size, species,
oil and other yield and value of the whales treated and not merely on the
number of whales taken by the ships attached thereto.
4 
The owners or charterers of the ship shall furnish
to the Minister of Agriculture, Fisheries and Food or (as the case may require)
to the Scottish Home Department on or before the 30th November in each year
an account showing the remuneration of each person employed in the ship during
the period of twelve months prior to 1st November in each year and the manner
in which the remuneration of each of them is calculated.
5 
The master or person in charge of the ship shall
keep the records prescribed in Regulations 6 and 7
of the Whaling
Industry (Ship) Regulations, 1955.
6 
The master or person in charge of the ship shall
transmit the said records in accordance with Regulation 9
of the said Regulations.
7 
The master or person in charge of the ship shall:—

(a) within
two days of the end of each calendar week cause to be transmitted by wireless
messages to the Bureau of International Whaling Statistics, Sandefjord, Norway,
details of the number of blue whale units taken by the ships attached thereto
in waters south of 40° south latitude, calculated on the basis that one
blue whale equals two fin whales, or two and a half humpback whales, or six
sei whales;provided that
when notification is received that the number of blue whale units taken is
deemed by the Bureau of International Whaling Statistics to have reached 13,500,
he shall cause the details aforesaid to be transmitted at the end of each
day;
(b) on the
conclusion of each season's operations forward to the Ministry of Agriculture,
Fisheries and Food, 3, Whitehall Place, London, S.W.I, or the Scottish Home
Department, Edinburgh, for transmission to the International Whaling Commission,
London—
(i) details
of the particulars entered in the records required to be kept under Regulation 7 of the said Regulations;

(ii) 
the name and gross tonnage of the ship;
(iii) 
the number and aggregate gross tonnage of ships used for killing or taking
whales attached thereto;
(iv) 
any information collected or obtained concerning the calving grounds and migration
routes of whales.
8 
The plant in the ship for the extraction of
oil from the blubber, flesh and bones of whales shall be kept in good order
and operated efficiently.
9 

(1) All parts
of whales delivered to the ship by the ships attached thereto, other than
whales the treatment of which is prohibited by these conditions, shall be
processed by boiling or otherwise, except the internal organs, whale bone
and flippers of all whales, the meat of sperm whales and of parts of whales
intended for human food and for feeding animals.
(2) Notwithstanding
anything in the foregoing provisions of this condition, the complete treatment
of carcasses of Dauhval and of whales used as fenders shall not be required
in cases where the meat or bone of such whales is in bad condition.
10 
The taking of whales for delivery to the ship
shall be so regulated or restricted by the master or person in charge of the
ship that no whale carcass (except that of a whale used as a fender which
shall be processed as soon as is reasonably practicable) shall remain in the
sea for a longer period than thirty-three hours from the time of killing to
the time when it is hauled up for treatment.
11 
There shall be maintained on each ship engaged
in treating whales at least two Whale Fishery Inspectors for the purposes
of maintaining continuous inspection while the ship is so engaged.
12 
For the purposes of these conditions a whale
shall be deemed to be taken if it is killed and either flagged or made fast
to a vessel.