Article 13 Powers of British sea-fishery officersI1

England and Wales

(1)

For the purposes of enforcing this Order or any equivalent provision, a British sea fishery officer may exercise the powers conferred by this article in relation to any fishing boat to which this Order applies in Welsh waters.

(2)

The officer may go on board the boat, with or without persons assigned to assist in that officer’s duties, and may require the boat to stop and do anything else which will facilitate boarding or disembarkation.

(3)

The officer may require the attendance of the master and other persons on board the boat and may make any examination and inquiry as appears to the officer to be necessary for the purpose mentioned in paragraph (1), and in particular may—

(a)

search for fish or fishing gear on the boat and examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to the officer to be necessary for facilitating the examination;

(b)

require any person on board the boat to produce any document in that person’s custody or possession relating to the boat, to any fishing or ancillary operations or to persons on board;

(c)

for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under the Act as read with this Order or any equivalent provision, search the boat for any such document and may require any person on board the boat to do anything which appears to the officer to be necessary for facilitating the search;

(d)

inspect and copy any such document produced or found on board the boat and, where any such document is kept by means of a computer, require it to be produced in a form in which it may be taken away; and

(e)

where the boat is one in relation to which the officer has reason to suspect that an offence under this Order or an equivalent provision has been committed, subject to paragraph (4), seize and detain any such document produced or found on board the boat for the purpose of enabling the document to be used as evidence in proceedings for the offence.

(4)

Nothing in paragraph 3(e) permits any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.

(5)

Where it appears to a British sea-fishery officer that an offence under this Order or any equivalent provision has at any time been committed in relation to a fishing boat, the officer may–

(a)

take, or require the master of the boat to take, the boat and its crew to the port which appears to the officer be the nearest convenient port; and

(b)

detain or require the master to detain the boat in the port.

(6)

A British sea-fishery officer who detains or requires the detention of a boat must serve on the master a written notice stating that the boat is, or is required to be, detained until the notice is withdrawn by the service on the master of a further written notice signed by a British sea-fishery officer.

(7)

In this article, “officer” (“swyddog”) means British sea-fishery officer.

Annotations

Commencement

I1: Art. 13 in force at 1.3.2010, see art. 1(2)