The penalties are contained in the Whale Fisheries Act, 1937, which provides that if any ship is used for the taking or treating of whales, within the exclusive fishery limits of the State, the master of such ship shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £100 or, at the discretion of the court, either to imprisonment for any term not exceeding three months or to both such fine and imprisonment. Any Irish registered ship caught contravening the provisions of the Act can be seized and detained.
Since 1 January 1977 the exclusive fishery limits have been extended to 200 nautical miles under the Maritime Jurisdiction (Exclusive Fishery Limits) Order, 1976, (S. I. No. 320 of 1976). The provisions of the Whale Fisheries Act, 1937, cover Baleen Whales and by S.I. Nos. 158 of 1937 and 240 of 1982, these provisions were extended to cover all whale species including dolphins and porpoises.
The fishery protection service and Navy will, as part of their normal duties, ensure that the provisions of the sanctuary are upheld. The International Whaling Commission have been notified of the declaration. This is the appropriate means of communication to all other countries which are party to the International Whaling Convention. This, of course, includes the major whaling nations.