tories, Islands, and Countries lying between the One hundred and sixtysecond Degree of East Longitude and the One hundred and seventy-third Degree of West Longitude, and between the Thirty-third and Fifty-third Parallels of South Latitude. NEW ZEALAND ACT, 1878. [42 Vict., No 43. 2nd November, 1878.] AN ACT for the Protection and Preservation of Seals. Be it enacted by the General Assembly of New Zealand in Parliament assembled, and by authority of the same, as follows: 1. The Short Title of This Act shall be "The Seals Fisheries Protection Act, 1878." 2. Section two of "The Protection of Animals Act Amendment Act, 1875," is hereby repealed. Short title. Repeal. Close season for seals. 3. No person shall hunt, catch, or attempt to catch or kill seals between the days hereinafter mentioned (which interval is herein referred to as "the close season"), that is to say, between the first day of October and the first day of June following, both inclusive; and any person acting in contravention of this section shall forfeit any seal caught by him, and shall in addition thereto incur a penalty not exceeding fifty pounds, and a further penalty not exceeding ten pounds in respect of each seal so caught. Close season may be varied. 4. The Governor may, by Order in Council, from time to time extend or vary the time during which it is prohibited to hunt, catch, or kill seals, and may from time to time vary the close season so extended, and may prescribe that any such order shall take effect in the whole colony or only in particular parts thereof, to be defined in such order. Fishery may be closed. 5. If he shall think it necessary for the preservation of seals to do so, the Governor may, in a similar manner, extend the time during which it is prohibited to hunt, catch, or kill seals over any term not exceeding three years, and may at any time before the expiration of any such term further extend the same. 6. Any penalties imposed by this Act for the purpose of prohibiting the catching or killing of seals during the close season Penalties to apply shall apply to such season, however the same may be to extended seasons. varied or extended. 7. The Governor may, by Order in Council, from clude any part of the colony from the operation of this Act. time to time ex Districts may be excluded from Act. NEW ZEALAND ACT, 1884. [48 Vict., No. 48. 10th November, 1884.] AN ACT to Provide for the Conservation of Fisheries. Be it enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows: 1. The Short Title of this Act is "The Fisheries Conservation Act, 1884,” Short title. 2. The several Acts hereunder mentioned, and all Acts passed in Acts incorporated amendment thereof respectively, are hereby incorporated with this Act, That is to say with this Act. "The Oyster Fisheries Act, 1866;" "The Fisheries (Dynamite) Act, 1878;" "The Seals Fisheries Protection Act, 1878." Persons, etc., exempted from Act. 3. Nothing contained in this Act shall apply to(1) Any person using a landing-net to secure fish caught with a rod and line, nor to any person using hand shrimp net; nor to (2) Any person taking fish in water of which he is the owner; nor to (3) Any person authorized by such owner to take fish in such water; nor to (4) Any person with the written permission of the Collector or other person duly authorized by the Commissioner of Trade and Customs to grant such permission, taking fish or ova, or oysters or oyster brood, for the bona fide purpose of ascertaining and verifying the existence or increase of such fish or oysters, or of removing them to stock other waters; nor to (5) Any nets, tackle, or boats used, or fish or oysters taken by such person; nor to (6) Any person who, having unintentionally taken any fish or oysters contrary to the provisions of this Act, shall immediately return the same with as little injury as possible to the water. Interpretation. 4. In this art, if not inconsistent with the context"Collector" means a Collector of Customs or other principal officer of Customs at any port. "Commissioner" means the Commissioner of Trade and Customs. "Close season" means the time during which it is declared unlawful to take any species of fish, oysters, or seals; and applies to such season, however the same may be varied or extended. "Fish" means and includes all fish and mammalia inhabiting the waters of the colony, whether indigenous or not, their young or fry and spawn. "Oysters" means and includes shore oysters, rock oysters, and mud oysters. "Prescribed" means prescribed by this Act or by regulations. "Seals" includes all kind of seals and their young. "Take" means and includes "kill," or "catch," or "dredge for,” or "raise," or "hunt.” "This Act" includes the Acts incorporated herewith and all reg- "Use" includes "attempt to use" or "assist in the use of." "Waters” means any salt, fresh, or brackish waters in the colony, or on the coasts or bays thereof; includes artificial waters, but does not include waters the property of any private per son. ake, alter, and Governor may pre scribe regulations for the protection of fish, oysters, and seals. 5. The Governor in Council may, from time to me, revoke regulations which shall have force and encci only in any waters or places specified therein(1) Providing for the more effectual protection and improvement of fish, and the management of any waters in which fishing may be carried on. (2) In respect of any species of fish, oysters, or seals, respectively(a) Prescribing a "close season" or "close seasons" in any year, month, week, or day, as may be most suitable for the whole or any part or parts of the colony, during which it shall be unlawful for any person to take any fish, oysters, or seals of such species respectively, or in any way to injure or disturb the same; or (b) Extending or varying any close season so prescribed, or varying any close season so extended; or (c) Extending any such close season over any term not exceeding three years, and, before the expiration of such term, further extending the same. (3) Prohibiting the buying, selling, exposing for sale, or having in possession any fish, oyster, or seal, or any skins, oil, or blubber from any seal, in any manner in contravention of this Act. (4) Prescribing the minimum size or weight of any fish, oyster, or seal that may be taken. (5) Limiting the size, when wet, of the mesh on the square, or in extension from knot to knot of nets and seines to be used in fishing, or altogether prohibiting the use of nets of any sort. (6) Prescribing that all nets containing fish shall be emptied in the water, and prohibiting the dragging or drawing on to the dry land any such net. (7) Fixing the time or times during which dredging shall be prohibited, or prohibiting the use of any particular engines, tackle, or apparatus for taking any fish or oysters. (8) Reserving from public use any natural oyster beds, so as to prevent their destruction. (9) Setting apart within any harbor any bay or bays frequented by fish for the purpose of propagation, and prohibiting the use of nets of any kind in any such bays during such time as shall seem fit, or setting apart any river or other fresh or salt waters for the natural or artificial propagation of fish, oysters, or seals. (10) For the protection of young fish, or fry, or spawn, at all times, and especially for the preservation and propagation thereof upon its importation into the colony. (11) Prohibiting or restricting from time to time, for any period which the Governor thinks necessary, fishing in any waters, river, or stream in which young fish or spawn is placed or deposited, or at the mouth or entrance of any such waters, river, or stream. (12) Prohibiting the casting of saw dust or any saw-mill refuse into any waters, river, or stream. Penalty for breach of regulations. The Governor may, by such regulations, impose any penalty not exceeding fifty pounds, to be recovered in a summary manner before any two or more Justices of the Peace, and also appoint the minimum penalty for the breach of any such regulations; and all such regulations shall be gazetted, and thereupon shall be binding and conclusive upon all persons as if the same had been contained in this Act. sous. 6. Any penalties prescribed by any such regulations as aforesaid for taking, buying, selling, exposing for sale, or having Penalties to apply to extended close sea in possession any fish, or oysters, or any seal or seals, during any close season for the same respectively, shall apply to such season however the same may be varied or extended. 7. All fish, oysters, or seals unlawfully taken, and any skins, oil, or blubber from seals taken as aforesaid, and the baskets Fish, etc., and fishor other receptacles thereof, and also all nets, gear, feited. tackle, or other apparatus used in any unlawful fishing or taking of oysters or seals, whether found on shore or in any vessel or boat, shall be forfeited, and shall be disposed of as the Commissioner may think fit. ing gear to be for Collectors of Cus toms to see Act car. 8. It shall be the duty of the Collectors of Customs within the colony to see that the provisions of this Act and of the several Acts incorporated herewith are duly carried into effect, and for that purpose they severally shall have and may exercise all the powers granted by this Act and the aforesaid Acts in that behalf. ried into effect. appoint necessary off 9. The Commissioner may, from time to time, appoint such assistants to the Collectors and such other officers, servants, Commissioner may and other persons as may appear to him to be necessary for the effective administration of this Act; all of whom shall, as well as the Collectors aforesaid, be deemed to be officers appointed under this Act. -cers. Repeal of enactherewith. 10. In respect of any species of fish, oysters, or seals, respectively, to be affected thereby, all regulations prescribed under ments at variance this Act shall, on their coming into operation as to any waters or place, supersede therein all enactments at variance with such regulations in so far as they are so at variance but not further in any way whatsoever. 11. Nothing in this Act shall allow fish to be taken during close seaFish may only be son in any waters except for the purpose of pisciculture. taken in close season for purpose of pisci culture. NEW ZEALAND ACT, 1887. [51 Vict., No. 27. 23rd December, 1887.] AN ACT to amend "The Fisheries Conservation Act, 1884." Be It Enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows: Short Title. To be read with the Act of 1884. 1. The short title of this Act is "The Fisheries Conservation Act 1884 Amendment Act, 1887." 2. "The Fisheries Conservation Act, 1884,” is herein referred to as "the said Act," and this Act shall be read with the said Act. Penalty for breach of regulations. any seal, or the Possession of seals, etc., during close seaing been taken ille son to be proof of hav gally. 3. The penalty that may be imposed under the provisions of section five of the said Act shall, in respect of the breach of any regulations respecting seals, be any sum not exceeding five hundred pounds, and a further penalty of not exceeding twenty pounds for every seal illegally taken. 4. If any person shall be found in the possession of unmanufactured product of any seal, during the close season, such possession shall, for the purposes of said Act and this Act, be deemed to be, in the absence of satisfactory evidence to the contrary, sufficient proof that such seal, or the seal from which such unmanufactured product has been obtained, has been illegally taken during the close season. 5. Any vessel or boat the crew of which, or any part of the crew of which, shall be engaged in illegally taking seals, and Vessels and boats any vessel or boat on board of which any seal so ille- engaged in illegally gally taken, or the skin, oil, blubber, or other product feited. of a seal so illegally taken, shall be found, shall, together with the boat, furniture, and appurtenances of such vessel or boat, be forfeited to Her Majesty, and shall be disposed of as the Commissioner may think fit. taking seals to be for or any Commander of ves 6. The officer in command of any vessel in Her Majesty's navy, officer of Customs, or the master or other person in command of any vessel belonging to Her Majesty in sel belonging to Her Majesty or Colonial the colony, or which may be in the employ of the Gov- Government and Cusernment of the colony, may, either with or without toms officers may seize sailors, marines, or police officers, or such other per- to be forfeited. son or persons as he may think fit to employ, enter upon, take, and seize any vessel so liable to be forfeited as aforesaid, if found within the jurisdiction of the Government of the Colony of New Zealand. vessel or boat liable 7. Every such officer, master, or person in command as aforesaid, or any officer of Customs shall, with or without sailors, Power to search marines, or police officers, or such other person or vessels. persons as he may think fit to employ, have power at any time, and from time to time, to enter upon and search any vessel within the jurisdiction of the Government of the Colony of New Zealand for any seal or the product of any seal; and any person refusing to allow such search to be made, or obstructing or impeding any such search, shall be liable, on summary conviction of such offeuse: For Penalty for ob the first offence to be imprisoned and kept to hard structing search. labour for any term not less than three nor more than six months, and for the second or any subsequent offense to any term not less than six nor more than twelve months. CANADA. [Chapter 95, Revised Statutes of Canada, 1886.] AN ACT respecting Fisheries and Fishing. WHALE, SEAL, AND PORPOISE FISHERY. SECTION 6. Every one who hunts or kills whales, seals, or porpoises by means of rockets, explosive instruments, or shells shall be liable to a penalty not exceeding three hundred dollars, and, in default of payment, to imprisonment for a term not exceeding six months. |