76Killing, taking whales etc. an offence

76 Killing, taking whales etc. an offence (1) Any person who— (a) in waters to which this Part applies kills, injures, takes or interferes with a whale; or S. 76(1)(b) amended by No. 70/1990 s. 12(1)(r)(i). (b) treats any whale that has been killed or taken in contravention of this Part— shall be guilty of an indictable offence. S. 76(2) amended by No. 70/1990 s. 12(1)(r)(i). (2) Any person who has in his possession a whale or part of a whale, or a product derived from a whale, where the whale has been killed or taken in contravention of this Part shall be guilty of an indictable offence. S. 76(2A) inserted by No. 7/1988 s. 9(e)(i), amended by No. 3/2002 s. 8(1). (2A) Any person who has in his possession a live whale of any origin taken in circumstances or which came into his possession in any circumstances not provided for in subsection (2) shall be guilty of an indictable offence. S. 76(3) amended by Nos 70/1990 s. 12(1)(r)(ii), 3/2002 s. 8(2). (3) Any person who, in waters to which this Part applies, takes a live whale without a permit granted under section 78(1) and without contravening this Part shall release the whale unless it is killed in circumstances of a kind referred to in subsection (4). S. 76(4) amended by No. 7/1988 s. 9(e)(ii). (4) The provisions of subsections (1)(2) and (2A) shall not apply in relation to any action by a person if— S. 76(4)(a) amended by No. 3/2002 s. 8(3). (a) the action in question was done in accordance with a permit granted under section 78(1); S. 76(4)(aa) inserted by No. 87/1997 s. 31, substituted by No. 45/2008 s. 21. (aa) the action in question was carried out by an authorised officer or under the direction of an authorised officer and was reasonably necessary for the welfare of the whale; (b) the action in question was reasonably necessary to avoid loss of human life, injury to any person or damage to any vessel or aircraft or to any structure affixed to or resting on the sea-bed; S. 76(4)(c) amended by No. 7/1988 s. 9(e)(iii). (c) in the case of killing, injuring, taking or interfering with a whale—the action in question was done while the person was engaged in licensed commercial fishing operations and was— (i) unavoidable in the course of those operations; or (ii) reasonably necessary to avoid damage to a vessel or equipment used in those operations; or (iii) carried out in a humane manner and was reasonably necessary to relieve or prevent suffering by that or any other whale; or (d) in the case of treating a whale—the action in question was reasonably necessary to prevent a risk to human health. S. 76(5) inserted by No. 7/1988 s. 9(e)(iv), amended by No. 70/1990 s. 12(1)(r)(i). (5) Any person who displays a live whale of any origin for any purpose or causes or permits a live whale of any origin to be displayed for any purpose shall be guilty of an indictable offence. S. 77