Foyle Fisheries Act (Northern Ireland) 1952

63 Powers of inspection, examination, and detention. N.I.

(1) Every person (in this section referred to as an authorised officer) being a member or officer of the Commission or member of the Royal Ulster Constabulary is hereby authorised to do all or any of the following things—

(a) to stop and search any person conveying or suspected to be conveying fish of any kind or any instrument, poison or explosive used or adapted for killing or taking fish unlawfully and to [F1 examine] any fish, instrument or substance which such person is found to be conveying and for that purpose to open and search any vehicle or package in which any fish, instrument or substance is being or is suspected to be conveyed;

(b) at all reasonable times to enter upon and have free access to the interior of—

(i) any premises in which fish is or is believed to be sold, or kept, exposed or stored for sale, or

(ii) any premises in which any instrument or substance intended for the destruction of fish is or is believed to be kept, or

(iii) the premises of any person engaged in the business of carrying goods for reward, or

(iv) any aerodrome, pier, quay, wharf, jetty or dock or premises thereon, or

(v) any ship, boat, aircraft, railway wagon, motor lorry, cart, or other vessel or vehicle used for the conveyance of goods, [F2 or

(vi) any hotel, guest house, restaurant or other premises or place at which board and lodging or meals are provided for reward;]

(c) to examine all fish found in any place which he is authorised by this section to enter and for that purpose to open any package found in such place and containing or suspected to contain fish;

(d) to stop, enter and search, on any river or the banks thereof or any part of the sea or the shores thereof any boat used or suspected to be used for fishing or containing or suspected to contain fish unlawfully captured and to examine all fish and all fishing engines found therein and for that purpose to open any package which contains or is suspected to contain any fish or fishing engine;

(e) to take, remove and detain in his custody any fish (either together with or without any package in which the same may be contained) found in the course of the exercise of any of the powers conferred by this section in respect of which an offence under [F3 the Fisheries Acts or] this Act is being or is suspected of being committed or which have been or are suspected of having been unlawfully captured;

(f) to take, remove and detain in his custody any fishing engine [F4 , boat, vehicle or article] liable or believed to be liable to forfeiture under the Fisheries Acts or this Act;

(g) to demand and take the name and address [F5 and date of birth] of the person having custody of any fish or other article which the authorised officer is authorised under this section to examine and also demand and take from such person the name and address of the owner of such fish or other article.

[F6 (h) to demand and take the name, address and date of birth of any person who is fishing or whom he reasonably suspects to be about to fish or to have fished within the preceding half hour.]

(2) Where an authorised officer detains in his custody under the authority of this section any fish or other article he shall, as soon as may be, take such steps as may be proper to have the person guilty or suspected to be guilty of the offence committed or suspected to have been committed in relation to such fish or other article dealt with according to law.

(3) Where an authorised officer detains in his custody under the authority of this section any fish and such fish is likely to become unfit for human food before the matter can conveniently be dealt with by any court, he shall produce such fish to a justice of the peace, and if authorised so to do by such justice of the peace shall destroy or otherwise dispose of such fish.

(4) A justice of the peace to whom any fish is produced in pursuance of this section shall, if he is of opinion that the fish ought in the circumstances to be destroyed or otherwise disposed of, give to the person producing the fish a certificate in writing describing the fish and any marks, peculiarities or other particulars thereof pointed out to him by such person and authorising such person to destroy or otherwise dispose of the fish, which certificate shall be conclusive evidence of all such matters of fact as aforesaid stated therein.

(5) Every person who refuses to give his own name and address [F7 and date of birth to the satisfaction of the authorised officer] or the name and address of any other person (so far as known to him) when lawfully demanded under this section shall be guilty of an offence against this Act [F8 and shall be liable on summary conviction to a fine not exceeding £200].

[F9 (6) Nothing in this section shall be construed as authorising an authorised officer to enter—

(a) any enclosed garden; or

(b) any dwelling-house or the curtilage thereof.]

F1 1968 c. 34 (NI)

F2 1962 c. 5 (NI)

F3 1962 c. 5 (NI)

F4 1962 c. 5 (NI)

F5 Words in s. 63(1)(g) inserted (1.6.2008) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 25(a)(i) (with art. 32); S.R. 2008/232, art. 2, Sch.

F6 S. 63(1)(h) added (1.6.2008) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 25(a)(ii) (with art. 32); S.R. 2008/232, art. 2, Sch.

F7 Words in s. 63(5) inserted (1.6.2008) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 25(b) (with art. 32); S.R. 2008/232, art. 2, Sch.

F8 1981 NI 7

F9 S. 63(6) inserted (1.6.2008) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 25(c) (with art. 32); S.R. 2008/232, art. 2, Sch.