Fisheries Act (Northern Ireland) 1966

172 F1 General powers of authorised persons. N.I.

(1) An authorised person may, for the purposes of the protection of the fisheries, at any time—

(a) enter into and pass through or along [F2 or remain on] the banks or borders of any lakes or rivers or of the tributaries thereof;

(b) with boats or otherwise, enter upon any such lakes or rivers;

(c) enter upon and examine all weirs, sluices, mill dams, fish passes, mill races and watercourses communicating with such lakes or rivers, and pass along the same;

(d) stop, enter and search any boat which has been or is engaged or is about to engage in fishing;

(e) examine all standing, floating or other nets whatsoever;

(f) examine all fish and all fishing engines found in any place which by this Act he is authorised to enter, and for that purpose open any package found in such place and containing or suspected of containing any fish or fishing engine;

(g) seize any unlawful fishing engine or any lawful fishing engine which is being unlawfully used;

(h) seize any fish in the possession of a person found or suspected of committing an offence under any statutory provision relating to fisheries or any fish which have been or are suspected of having been unlawfully captured;

(i) seize any other thing whatsoever by means of, or in relation to, which an offence under any provision of this Act has been or is suspected of having been committed;

(j) do all such other acts and things as he is authorised to do under this Act.

[F3 (1A) Without prejudice to subsection (1)(a), an authorised person other than a private water bailiff may for the purpose of preventing or detecting the commission of an offence against any provision of this Act at any time enter on and traverse any land either on foot or, where there is a suitable roadway, lane or path, in a motor vehicle.

(1B) Where, by virtue of subsection (1A), an authorised person brings a motor vehicle onto any land, he shall not cause or permit that vehicle to stand or remain in such a position as to cause or be likely to cause any danger or obstruction.

(1C) An authorised person, on leaving any land which he has entered by virtue of this section, shall leave that land as effectually secured against trespassers as he found it.]

(2) Nothing in this section shall be construed as authorising any person to enter any enclosed garden or any dwelling house or the curtilage thereof except where the ordinary road or passage to any weir, dam or dyke traverses such garden or curtilage.

(3) In this section, “suspected” means suspected on reasonable grounds.

F1 Mod., 1967 c.7 (NI)

F2 1968 c.31 (NI)

F3 1991 NI 13