Marine Mammals Protection Act 1978 No 80 (as at 22 December 2005), Public Act

Act by section

16 Reporting of accidental death or injury
  • (1) Where any person, in the course of fishing pursuant to any licence, permit, or permission granted or given under the Fisheries Act 1983, accidentally or incidentally kills or injures a marine mammal he shall—

    • (a) if fishing from a vessel, record the event in the vessel's log and report the event in writing to an officer or a fishery officer (as defined in section 2(1) of the Fisheries Act 1996) not later than 48 hours after the arrival of the vessel in port; and

    • (b) in any other case, report the event in writing to an officer or a fishery officer (as defined in section 2(1) of the Fisheries Act 1996) as soon as practicable.

    (2) Any person (not being a person to whom subsection (1) applies) who, by any means whatsoever, accidentally or incidentally kills or injures any marine mammal shall report the event to an officer or a fishery officer (as defined in section 2(1) of the Fisheries Act 1996) as soon as practicable.

    (3) Every report under subsection (1) or subsection (2) shall include—

    • (a) the location of the area where the event took place; and

    • (b) the species (if known) of the marine mammal killed or injured, or a general description of the mammal; and

    • (c) a description of conditions and the circumstances of the event.

    (3A) In addition to providing the particulars required by subsection (1) or subsection (2), a person required to report an event to which that subsection applies shall provide to the Director-General such other particulars relating to the event as the Director-General may require for the purposes of this Act.

    (4) Every person commits an offence against this Act who contravenes subsection (1) or subsection (2).

    Section 16(1): amended, on 1 October 1996, by section 316(1) of the Fisheries Act 1996 (1996 No 88).

    Section 16(1): amended, on 1 October 1983, by section 108(1) of the Fisheries Act 1983 (1983 No 14).

    Section 16(1)(a): amended, on 1 October 1996, by section 316(1) of the Fisheries Act 1996 (1996 No 88).

    Section 16(1)(b): amended, on 1 October 1996, by section 316(1) of the Fisheries Act 1996 (1996 No 88).

    Section 16(2): amended, on 1 October 1996, by section 316(1) of the Fisheries Act 1996 (1996 No 88).

    Section 16(3)(a): amended, on 1 October 1996, by section 316(1) of the Fisheries Act 1996 (1996 No 88).

    Section 16(3)(c): amended, on 1 October 1996, by section 316(1) of the Fisheries Act 1996 (1996 No 88).

    Section 16(3A): inserted, on 1 October 1996, by section 316(1) of the Fisheries Act 1996 (1996 No 88).