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- Point in Time (01/01/1996)
- Original (As enacted)
Version Superseded: 01/04/2010
Point in time view as at 01/01/1996.
There are currently no known outstanding effects for the Seal Fisheries (North Pacific) Act 1895 (repealed).
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An Act to provide for prohibiting the Catching of Seals at certain periods in Behring Sea and other parts of the Pacific Ocean adjacent to Behring Sea, and for regulating the Seal Fisheries in those Seas.
[27th June 1895]
Modifications etc. (not altering text)
C1Act made permanent: Expiring Laws Act 1931 (c. 2), s. 1, Sch. 1
C2Act extended by Seal Fisheries (North Pacific) Act 1912 (c. 10), s. 2
C3Preamble omitted under authority of Statute Law Revision Act 1908 (c. 49)
(1)Her Majesty the Queen may, by Order in Council, prohibit, during the period specified in the Order, the catching of seals by British ships in such parts of the seas to which this Act applies as are specified in the Order.
(2)While an Order in Council under this Act is in force—
(a)a person belonging to a British ship shall not kill, take, or hunt, or attempt to kill or take, any seal during the period and within the seas specified in the Order; and
(b)a British ship shall not, nor shall any of the equipment or crew thereof, be used or employed in such killing, taking, hunting, or attempt.
(3)If there is any contravention of this section, any person committing procuring aiding or abetting such contravention shall be guilty of [F1an offence and shall be liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months or to both; or
(b)on conviction on indictment, to a fine or to imprisonment for a period not exceeding two years or to both,]
and the ship and her equipment and everthing on board thereof shall be subject to forfeiture to Her Majesty.
Textual Amendments
F1Words in s. 1(3) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 11(a) (with s. 312(1))
(1)Her Majesty the Queen may by Order in Council make, as respects such parts of the seas to which this Act applies as are specified in the Order, regulations—
(a)for entering in the official log of a ship particulars respecting the hunting, killing, and taking of seals, and
(b)for regulating the hunting and taking of seals, with power to prohibit or restrict the use therein of any particular kind of vessels, methods, or implements.
(2)If there is any contravention of any such regulation any person who committed procured aided or abetted such contravention shall be liable to a fine not exceeding [F2one hundred pounds][F2level 3 on the standard scale].
(3)If the regulations under this section provide for the entry of particulars in the official log of a ship, the provisions of the [F3Merchant Shipping Act 1995], with reference to official logs (including the penal provisions), shall apply to every ship engaged in seal fishing within such of the seas to which this Act applies as are specified in the Order.
Textual Amendments
F2Words “level 3 on the standard scale” substituted for “one hundred pounds” (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G, 457A
F3Words in s. 2(3) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 11(b) (with s. 312(1))
(1)Any offence or fine under this Act may be prosecuted or recovered in like manner as if it were an offence or fine under the [F4Merchant Shipping Act 1995].
(2)For the purpose of the forfeiture of any ship under this Act, [F4section seven of the Merchant Shipping Act 1995], shall apply.
(3)Where any commissioned officer on full pay in the naval service of Her Majesty the Queen has reasonable cause to believe that, during the period and in the seas specified in an Order in Council under this Act, any British ship has been used or employed in contravention of this Act, or of any regulation made thereunder, he may stop and examine her, and detain her or any portion of her equipment or any of her crew, and may seize the ship’s certificate of registry.
(4)For carrying into effect an arrangement with any foreign State, an Order in Council under this Act may provide that the powers under this Act of such commissioned officer may, subject to any limitations, conditions, modifications, and exceptions specified in the Order, be exercised in relation to a British ship and the equipment crew and certificate thereof by such officers of the said foreign State as are specified in the Order, or in relation to a ship of the said foreign State and the equipment crew and papers thereof by such British officers as are specified in the Order.
Textual Amendments
F4Words in s. 3(1)(2) substituted (1.1.1996) by 1995 c. 21 ss. 314(2), 316(2), Sch. 13 para. 11(c) (with s. 312(1))
(1)Where an officer has power under this Act to seize a ship’s certificate of registry, he may, subject to the directions of an Order in Council under this Act, either retain the certificate and give a provisional certificate in lieu thereof, or return the certificate with an endorsement of the grounds on which it was seized; and in either case may, if the ship appears to him to be liable to forfeiture, direct the ship, by an addition to the provisional certificate or to the indorsement, to proceed forthwith to a specified port, being a port where there is a British court having authority to adjudicate in the matter, and if this direction is not complied with, the owner and master of the ship shall, without prejudice to any other liability, each be liable to a fine not exceeding [F5one hundred pounds][F5level 3 on the standard scale].
(2)Where in pursuance of this section a provisional certificate is given to a ship, or the ship’s certificate is indorsed, any officer of customs in Her Majesty’s dominions or British consular officer may detain the ship, until satisfactory security is given for her appearance in any legal proceedings which may be taken against her in pursuance of this Act.
Textual Amendments
F5Words “level 3 on the standard scale” substituted for “one hundred pounds” (E.W.S.) by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G, 457A
(1)A statement in writing, purporting to be signed by an officer having power in pursuance of this Act to stop and examine a ship as to the circumstances under which or grounds on which he stopped and examined the ship, shall be admissible in any proceedings, civil or criminal, as evidence of the facts or matters therein stated.
(2)If evidence contained in any such statement was taken on oath in the presence of the person charged in the evidence, and that person had an opportunity of cross-examining the person giving the evidence and of making his reply to the evidence, the officer making the statement may certify that the evidence was so taken, and that there was such opportunity as aforesaid.
(1)Her Majesty the Queen in Council may make, revoke, and alter Orders for the purpose of this Act, and every such Order shall be forthwith laid before both Houses of Parliament . . . F6.
(2)Any such Order may contain any limitations, conditions, modifications, and exceptions, which appear to Her Majesty in Council expedient for carrying into effect the object of this Act.
Textual Amendments
F6Words repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. XII
(1)This Act shall apply to the animal known as the fur seal, and to any marine animal specified in that behalf by an Order in Council under this Act, and the expression “seal” in this Act shall be construed accordingly.
(2)This Act shall apply to the seas [F7within such part of the Pacific Ocean as is north of the thirtieth parallel of north latitude, including the seas of Behring, Kamchatka, Okhotsk and Japan], and shall be in addition to and not in derogation of the provisions of the M1Behring Sea Award Act 1894.
(3)The expression “equipment” in this Act includes any boat, tackle, fishing or shooting instruments, and other things belonging to a ship.
(4)This Act may be cited as the Seal Fisheries (North Pacific) Act 1895.
(5), (6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8
Textual Amendments
F7Words substituted by Seal Fisheries (North Pacific) Act 1912 (c. 10), s. 1
F8S. 7(5)(6) repealed by Statute Law Revision Act 1908 (c. 49)
Modifications etc. (not altering text)
C4Unreliable marginal note
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