SECTION IV.

Temporary Provisions.

ART. 24. The provisions relating to the subject-matter of the present law shall cease to be effective at such dates as shall be published from time to time in the regulations for the execution of the law, and not later than two years from the publication of such regulations.

Given at Rome, March 4, 1877.

VICTOR EMANUEL.

REGULATIONS FOR THE EXECUTION OF THE LAW OF MARCH 4TH, 1877, NO. 3706, 2D SERIES, RELATING TO THE FISHERIES, AS REGARDS

THE SEA FISHERIES.

[Approved by Royal Decree of November 13, 1882. No. 1090.]

SECTION I.

General Provisions.

ART. 1. The sea fisheries are regulated by the law of March 4th, 1877, No. 3706, and by the present regulations.

SECTION II.

Provisions relating to the Fisheries in general.

CHAPTER I.

Means and Apparatus used in the Fisheries.

ART. 16. From the 1st December in each year till the 1st May in the following year fishing with nets or any other floating apparatus is prohibited in the waters of the sea at a distance of less than three kilometers from any point on the coast. During the same period this kind of fishing, outside the limits indicated, is prohibited at a depth of less than 8 meters.

ART. 20. During the tunny fisheries it is prohibited for other persons to carry on any kind of fishery, including coral fisheries, and to light fires at a distance of less than five kilometers to the leeward, or one kilometer to the windward from the tunny fishery, the only excep tions being made in case of grants and privileges belonging to owners, issued prior to the present regulations.

CHAPTER III.

Coral Fisheries.

ART. 26. Coral fisheries may be carried on in Italian waters at all times of the year, subject to the restrictions of the present regulations. ART. 27. Any one who intends to fit out one or more boats for coralfishing on the banks must, in accordance with article 29, 2nd clause, of

the present regulations, make written declaration to that effect to the maritime authorities of the place where he intends to fish, and of the place where he fits out his boats.

The authorities referred to shall make a record on their books of said declaration, and issue the license prescribed by Article 144 of the Merchant Marine Code:

When the person who has made said declaration has discovered a coral bank he must announce the fact to the local maritime authorities. ART. 28. Any one who, without having made the declaration referred to, discovers a coral bank shall enjoy the privileges accorded by article 10 of the law, provided he makes the announcement referred to in the last paragraph of the preceding Article.

ART. 29. If it cannot be proved to whom, among the various claimants, belongs the precedence in having discovered a coral bank, the person who first made the announcement shall, for administrative purposes, be considered the discoverer, subject to recourse to the judicial authorities in the sense of article 32.

In case of simultaneous announcement by several persons, he shall be considered the discoverer who first makes the declaration mentioned in paragraphs 1 and 2 of article 27.

ART. 30. Banks forming branches or parts of banks which have been formerly worked and have been abandoned are not considered as new banks.

ART. 31. The announcement referred to in the preceding articles must contain the indications necessary to define the location and extent of the discovered bank, and a declaration that it is the intention of the discoverer to comply with all the provisions of the law.

The maritime authorities will enter this announcement on the records referred to in Article 27, and will issue the fishery license.

The announcement shall be published by means of a notice posted at the port office and at the town hall of the township nearest to the place of discovery, as well as at the harbor master's office and at the town hall of the capital of the district.

In this notice it shall be stated that anyone who may have any objections to offer shall offer the same within one month.

ART. 32. After the period indicated in the preceding article has elapsed, the harbor master shall transmit the announcement, the documents relating thereto, and any objections which may have been offered to the Minister of Agriculture, Industry, and Commerce, who shall, after having examined into the character of the discoverer, approve the announcement, leaving to parties who may object the recourse to the judicial authorities.

ART. 33. If no contests have arisen the discoverer, after having received the ministerial approval, has the exclusive right to work the bank which he has discovered, provided the proper notice has been given.

In contested cases the local maritime authorities will stop the working of the bank until one or the other of the contestants has been recognized by the Minister as the discoverer.

ART. 34. The granting of an exclusive right to the discoverer must be notified to the proper maritime authorities, with the full name and residence of the discoverer.

ART. 35. During the exercise of the exclusive right, the discoverer of a coral bank shall keep, at his own expense, and as far as possible in the centre of the circumference of said bank, a boat securely anchored displaying a sign issued by the maritime authorities, indicating the

maritime department, the name of the discoverer, and the date when the right will terminate. This sign will be issued by the maritime authorities at the expense of the person exercising the right.

The removal of this boat by any action independent of the will of the discoverer will not prejudice his right, provided he replaces it as soon as practicable.

ART. 36. The exclusive right is exercised within a circumference of 500 meters from the boat mentioned in the preceding Article.

Within this circumference no other person is allowed to engage in coral-fishing.

ART. 37. The season of coral-fishing, indicated in article 10 of the law, begins on the 1st of March and ends on the 10th of October.

The right of the exclusive exercise of the coral fisheries is not interrupted by the interval between one season and the next.

ART. 38. If the working of a coral bank has been impeded by shipwreck, conflagrations, war, blockades, or other misfortunes, or by the interference of a Higher Power, during a season or part of a season, the Minister of Agriculture, Industry, and Commerce, at the request of the person interested, shall extend the right for another season beyond the term of the original grant.

If these impediments continue throughout the entire period fixed by the law, the period may be prolonged by two successive seasons.

The request must be accompanied by a report duly certified by the proper authorities, in accordance with the provisions of Articles 339 and 340 of the Commercial Code.

SECTION IV.

Provisions of a Local Character.

ART. 39. The divisions established by Royal Decree of February 10th, 1878, No. 4294, Series 2, are considered as fishing districts as regards the present regulations.

ART. 40. In each district the special provisions contained in this section shall be observed, even if some of them conflict with those of the preceding section.

ART. 84. Coral-fishing is prohibited within 500 meters from tunny fisheries, and within one kilometer from the places where swordfish are caught, during the entire period when these fisheries are going on, except in cases where by special agreement between the persons interested other arrangements have been made.

SECTION V.

Infractions and Fines.

ART. 90. Infractions of Articles 3, 4, 7, 8, 9, 11, 12, 16, 22, 23, 24, 44, 45, 46, 48, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 66, 68, 71, 72, 73, 74, 78, 79, 80, 81, 82, 84, 85, 88, and 89 of the present regulations will be punished by a fine not exceeding 50 lire.

ART. 91. The destruction, removal, or damaging of the floating signs mentioned in article 35 will be punished by a fine of from 51 to 300 lire. ART. 92. Persons who have discovered new coral banks, and who place the floating signs mentioned in article 35 in such a manner as to

unlawfully extend the limits assigned to them by article 86 will be pun. ished by a fine of from 51 to 200 lire.

Any infraction of the provisions of Article 36 will be punished by a fine of 400 to 500 lire, and the coral which has been fished unlawfully will be seized and returned to the person having a right thereto.

ROYAL DECREE OF APRIL 21ST, 1887, MAKING AN ADDITION TO ARTICLE 84 OF THE REGULATIONS FOR THE SEA FISHERIES, APPROVED NOVEMBER 13TH, 1882, AS REGARDS THE CORAL FISHERIES.

[No. 4485.]

ART. 1. The following clause is added to Article 84 of the regulations for the sea fisheries:

on.

The coral fisheries in the Sea of Sciacca are regulated by the following provisions: Coral fishing is prohibited till the end of the year 1891 on the bank discovered in 1875. The other banks will be divided into districts, each having its turn during which fishing can be carried The order of these turns shall be fixed by the Minister of Marine in conjunction with the Minister of Agriculture, Industry, and Commerce, as they shall deem convenient, in accordance with the coralproducing conditions of these banks. The public will be advised of these turns by a notice from the Chief Harbor Officer of the Kingdom. When, at the end of the year 1891, the prohibition to fish on the bank discovered in 1875 ceases, fishing on this bank will be carried on by turns, as on the other banks.

Given at Rome, April 21, 1887.

HUMBERT.

ROYAL DECREE OF DECEMBER 29TH, 1888, MODIFYING THE FIRST PARAGRAPH OF ARTICLE 84 OF THE REGULATIONS FOR THE SEA FISHERIES.

[No. 5888.]

ART. 1. The following is added to Paragraph 1 of Article 84 of the Regulations for the Sea Fisheries approved November 13th, 1882: "Coral fishing in the sea of Sciacca is temporarily prohibited."

ART. 2. The provisions of the Royal Decree of April 21st, 1887, No. 4485 (3rd Series), relative to the coral fisheries in the sea of Sciacca, are abrogated.

Given at Rome December 29, 1888.

HUMBERT.

ROYAL DECREE OF JANUARY 7TH, 1892, REVOKING THE TEMPORARY PROHIBITION ON THE CORAL FISHERY IN THE SEA OF SCIACCA.

ART. 1. The temporary prohibition placed upon the coral fishery in the sea of Sciacca by Article 1 of the Decree of December 29, 1888, No. 5888 (Series 3), is revoked, to date from the close of the fishing season of 1893; the provisions of Article 84 of the regulations respecting the marine fisheries, approved by the Royal Decree of Novem ber 13, 1882, No. 1090 (Series 3), will remain in force.

HUMBERT.

NORWAY.

19 JUNI. No. 2. 1880.

[From "Norsk Lovtidende, 1880," page 313.]

Lov angaaende Fredning af Hval ved Finmarkens Kyst (*) (1). Vi Oscar, o. s. v. Gjøre vitterligt: At Os er bleven forelagt det nu forsamlede ordentlige Storthings Beslutning af 15 de Juni dette Aar, saaly dende:

"SEC. 1. Det skal være forbudt paa den Havstrækning ved Finmarkens Kyst, som Kongen bestemmer, at dræbe eller jage Hval i Tidsrummet fra 1ste Januar til Udgangen af Mai; dog Kan Hval, der er auskudt udenfor Fredningsfeltet, dræbes eller tilgo degjøres idenfor dettes Grændser.

SEC. 2. Hvo, som overtræder det i Sec. 1 fastsatte Forbud, eller paa nogen Maade gir sig delagtig i saadan Overtrædelse, straffes med Byder fra 4,000 til 8,000 Kroner for hver Hval, som jages eller dræbes. Dog skal af et Skibs Besætning ingen anden end Freren straffes, naar Overtrædelsen er skeet enten efter hans Befaling eller med hans Vidende og uden at han har giort, hvad der stod i hans Magt for at hindre den.

Bestemmelsen i Kriminalloven af 3 die Juni 1874, 2 det Kapitel, Sec. 40, sidste Passus, Kommer ikke til Anvendelse. (2)

SEC. 3. Sager, der reise sig af Overtrædelse af nærværende Lov, behandles ved Politiret. For Bøder, hvormed Fører eller Reder bliver anseet, hefter Skibet.

SEC. 4. Nærværende Lov skal ikke være til Hinder for, at man kan bemægtige sig Hval, som findes lauddreven eller i saavet Tilstand drivende i Søen.

SEC. 5. Denne Lov træder i Kraft 1ste Januar næste Aar og skal gjælde i 5 Aar."

Thi have Vi antaget og bekræftet, ligesom Vi herved antage og bekræfte denne Beslutning som Lov.

5 JANUAR 1881.

[From "Norsk Lovtidende, 1881," page 7.]

Plakat indeholdende Bestemmelser om Fredning af Hval ved Finmarkens Kyst. (")

Vi Oscar, o. s. v. Gjøre vitterligt:

I Kraft af Lov angaaende Fredning af Hval ved Finmarkens Kyst af 19de Juni 1880, Sec. 1, og under Henvisning til samme Lovs, Secs. 2, 3, 4 og 5 fastsættes herved:

Paa Havstrækningen ved Finmarkens Kyst i en Afstand af indtil en geografisk Mil fra Kysten, regnet fra den yderste eller Holme, som ikke overskylles af Havet, skal det indtil Videre være forbudt at dræbe eller jage Hval i Tidsrummet fra 1ste Januar til Udgangen af Mai.

For Varangerfiordens Vedkommende bliver Grendsen for den fredede Strækning udad mod Havet en ret Linie trukken fra Kibergnes til

(*) Bekjendtgj. 22 Juni i Lovt., 1ste Afd., No. 20.

(1) Se Sth. Dok. No. 31 og 41 og Indst. O. No. 14 for 1879 samt Sth. tid. for s. A., Forh. i Oth., S. 497-99; Sth. Prp. No. 23, Indst. O. No. 40 og Dok. No. 41 og 34 for 1880 samt Sth. tid. for s. A., Forh. i Oth., S. 394-422 og 536 og i Lth., S. 88-99 og 114. (2) Cfr. L. om Fredn. af Sæl i Nordishavet af 18 Mai 1876, Sec. 2.

(3) Bekiendtgj. 8 Januar 1881, i Lovt. 1ste Afd., No. 1.