The Sea Fishing (Illegal, Unreported and Unregulated Fishing) Order (Northern Ireland) 2018

Powers of British sea-fishery officers in relation to fishing vessels N.I.

11.—(1) For the purpose of enforcing this Order or an equivalent provision, a British sea‑fishery officer may exercise the powers conferred by this article in relation to a fishing vessel to which this Order applies.

(2) A British sea-fishery officer may go on board the vessel, with or without persons assigned to assist in that officer’s duties, and may require it to stop and do anything else which will facilitate the boarding of, or the disembarkation from, the vessel.

(3) A British sea-fishery officer may require the attendance of the master and other persons on board the vessel 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 fishery products or fishing gear on the vessel and examine any fish or fishery products found on the vessel and the equipment of the vessel, including the fishing gear, and require persons on board to do anything which appears to the officer to be necessary for facilitating the search or examination;

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

(c) for the purpose of ascertaining whether an offence under this Order or an equivalent provision has been committed, search the vessel for any such document and may require any person on board 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 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) if the vessel 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 for the purpose of enabling it to be used as evidence in proceedings in connection with any offence under this Order or an equivalent provision.

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

(5) Subject to paragraph (6), where it appears to a British sea-fishery officer that an offence under this Order or an equivalent provision has at any time been committed in relation to a fishing vessel, the officer may—

(a) take, or require the master of the vessel to take, the vessel and its crew to the port which appears to the officer to be the nearest convenient port; and

(b) detain, or require the master to detain, the vessel in the port.

(6) A British sea-fishery officer who detains, or requires the detention of, a vessel shall serve on the master a written notice stating that the vessel 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.

Commencement Information

I1 Art. 11 in operation at 1.6.2018, see art. 1(1)