Sea Fish (Conservation) Act 1967

15 Powers of British sea-fishery officers for enforcement of Act. U.K.

(1) F1 ... Every British sea-fishery officer shall have the powers conferred by the following provisions of this section.

(2) Any such officer may seize—

[F2 (a) any fish in respect of which an offence has been or is being committed under section 1(3) of this Act;

(aa) any net or other fishing gear in respect of which a contravention of an order under section 3 of this Act has been or is being committed;

(b) any fish in respect of which an offence has been or is being committed under section F3 F4 ... 5(1) or (6) of this Act [F5 , or under section 14(6) or 16(6) of, or paragraph 1(4) of Schedule 3 to, the Fisheries Act 2020,] where the fish are on the fishing boat with or on which the offence has been or is being committed or are in the ownership or custody of, or under the control of, the owner, the master or the charterer (if any) of the fishing boat;]

[F6 (c) any net or other fishing gear used in contravention of a prohibition imposed by an order under [F7 section 5 of this Act or by section 15 or 17 of the Fisheries Act 2020;]]

(d) any fish landed in contravention of an order under section 6 of this Act, and any net or other fishing gear used in catching any fish so landed.

[F8 (2A) Any such officer may—

(a) enter at any reasonable time any premises (other than a dwelling-house) used for carrying on any business in connection with the operation of fishing boats or activities connected therewith or ancillary thereto or with the treatment, storage or sale of sea fish;

(b) require any person on the premises to produce any documents which are in his custody or possession relating to the catching, landing, trans-shipment, sale or disposal of any sea fish;

(c) take copies of any such document;

and, if he has reason to suspect that an offence under this Act has been committed, he may also—

(d) search the premises for any such document and require any person on the premises to do anything which appears to him to be necessary for facilitating the search;

(e) seize and detain any such document produced to him or found on the premises for the purpose of enabling the document to be used as evidence in proceedings for the offence.

(2B) Any such officer may—

(a) go on board any vessel into which sea fish are being trans-shipped or into which he has reason to believe that sea fish have been or are about to be trans-shipped;

(b) require any person on the vessel to produce any documents which are in his custody or possession relating to sea fish which have been or are to be trans-shipped into that vessel;

(c) for the purpose of ascertaining whether an offence has been committed under this Act search the vessel for any such document;

(d) take copies of any such document;

(e) inspect any sea fish on, and the equipment of, the vessel, and observe any trans-shipment of sea fish into, the vessel;

(f) require any person on the vessel to do anything which appears to the officer to be necessary for facilitating the exercise of his powers under paragraph (a), (c) or (e) above.

(2C) Any person who—

(a) without reasonable excuse fails to comply with any requirement imposed under subsection (2A) or (2B) above; [F9 or

(b) assaults an officer who is exercising any of the powers conferred on him by either of those subsections or wilfully obstructs an officer in the exercise of any of those powers,]

shall be guilty of an offence and liable [F10 on summary conviction, or on conviction on indictment, to a fine].]

[F11 (2D) Any person who assaults an officer who is exercising any of the powers conferred on him by subsection (2A) or (2B) above shall be guilty of an offence and liable on summary conviction to [F12 a fine].

(2E) Any person who wilfully obstructs an officer in the exercise of any of the powers conferred on him by subsection (2A) or (2B) above shall be guilty of an offence and liable on summary conviction to [F13 a fine].]

[F14 (3) Any such officer may exercise in relation to any fishing boat in any waters adjacent to the United Kingdom and within [F15 relevant] [F16 British fishery limits] and in relation to any [F15 relevant] British fishing boat registered in the United Kingdom and any British owned fishing boat (not so registered) anywhere outside those limits, such of the powers of a British sea-fishery officer under section 8(2) to (4) of the M1 Sea Fisheries Act 1968 as may be conferred on him by order of the Ministers, being powers which the Ministers consider necessary for the enforcement of any of the provisions of sections 1 to 7 of this Act or any order made under any of those sections [F17 or any of the provisions of sections 14 to 18 of, or Schedule 3 to, the Fisheries Act 2020 or any regulations made under any of those provisions.]

[F18 (3A) The powers which may be conferred on any such officer by an order under this section shall include power to—

(a) require any person on board the boat to produce—

(i) any automatic recording equipment or transmitting equipment used in accordance with a condition included in a licence by virtue of section F19 ... 4A(6) of this Act [F20 or paragraph 1 of Schedule 3 to the Fisheries Act 2020], or

(ii) any record produced by means of such equipment, or partly by those and partly by other means;

(b) search the boat for any such equipment or record, and require any person on board the boat to do anything which appears to the officer to be necessary to facilitate the search;

(c) examine and take copies of any such record;

(d) seize and detain any such equipment or record for the purpose of enabling that equipment or record, or any record which may be produced by means of that equipment, to be used as evidence in proceedings for any offence.

(3B) An order under this section shall not permit anything which is required to be carried on board the boat by a condition included in a licence by virtue of section F21 ... 4A(6) of this Act [F22 or paragraph 1 of Schedule 3 to the Fisheries Act 2020] to be seized and detained except while the boat is detained in a port.]

(4) An order under this section may make different provision for different cases.

(5) Section 10 of the M2 Sea Fisheries Act 1968 shall apply in relation to the provisions of an order under this section and the powers thereby conferred as they apply in relation to section 8 of that Act and the powers thereby conferred; and, in relation to an offence under the said section 10 as it applies by virtue of this subsection, sections 12 to 14 of that Act shall apply accordingly.]

Textual Amendments

F1 Words repealed by Sea Fisheries Act 1968 (c. 77), Sch. 2 Pt. II

F2 S. 15(2)(a)(aa)(b) substituted for s. 15(2)(a)(b) by virtue of Fishery Limits Act 1976 (c. 86), Sch. 2 para. 16(3) and Fisheries Act 1981 (c. 29, SIF 52:1), s. 25(1)

F3 Words in s. 15(2)(b) omitted (S.) (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 6(9)(a)(ii) (with Sch. 4 para. 31)

F4 Words in s. 15(2)(b) omitted (E.W.N.I.) (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 6(9)(a)(i) (with Sch. 4 para. 31)

F5 Words in s. 15(2)(b) inserted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 6(9)(a)(iii) (with Sch. 4 para. 31)

F6 S. 15(2)(c) substituted by virtue of Fishery Limits Act 1976 (c. 86), Sch. 2 para. 16(3)

F7 Words in s. 15(2)(c) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 6(9)(a)(iv) (with Sch. 4 para. 31)

F8 S. 15(2A)–(2C) inserted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 25(2)

F9 S. 15(2C)(b) and word repealed (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 199(3)(a), 324(3), Sch. 22 Pt. 5(A); S.I. 2009/3345, art. 2, Sch. paras. 827(b); and repeal extended (S.) (24.2.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 158, 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a)

F10 Words in s. 15(2C) substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 4(3)(a) (with reg. 5(1))

F11 S. 15(2D)(2E) inserted (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 199(3)(b), 324(3); S.I. 2009/3345, art. 2, Sch. para. 8; and amendment extended (S.) (24.2.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 158, 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a)

F12 Words in s. 15(2D) substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 4(3)(b) (with reg. 5(1))

F13 Words in s. 15(2E) substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 4(3)(c) (with reg. 5(1))

F14 S. 15(3)–(5) substituted for s. 15(3)–(7) by Sea Fisheries Act 1968 (c. 77), s. 22(5), Sch. 1 para. 38(3)

F15 Words in s. 15(3) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 43(2)(b); S.I. 1998/3178, art. 3

F16 Words substituted by Fishery Limits Act 1976 (c. 86), Sch. 2 para. 16(1)

F17 Words in s. 15(3) inserted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 6(9)(b) (with Sch. 4 para. 31)

F18 S. 15(3A)(3B) inserted (17.12.1992) by Sea Fish (Conservation) Act 1992 (c. 60), s. 6 (with s. 11(4)).

F19 Words in s. 15(3A)(a)(i) omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 6(9)(c)(i) (with Sch. 4 para. 31)

F20 Words in s. 15(3A)(a)(i) inserted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 6(9)(c)(ii) (with Sch. 4 para. 31)

F21 Words in s. 15(3B) omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 6(9)(d)(i) (with Sch. 4 para. 31)

F22 Words in s. 15(3B) inserted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 6(9)(d)(ii) (with Sch. 4 para. 31)

Modifications etc. (not altering text)

C1 S. 15(2) extended by Fisheries Act 1981 (c. 29, SIF 52:1), s. 30(1)(b)

C2 S. 15(3): certain functions made exercisable in or as regards N.I. for the purposes of 1998 c. 47, ss. 6, 86 and transferred (28.3.2002) by S.I. 2002/790, art. 3(1), Sch. 1 para. 3(1)(2)(m)

C3 S. 15(3): functions made exercisable concurrently (31.3.2010) by The Welsh Zone (Boundaries and Transfer of Functions) Order 2010 (S.I. 2010/760), arts. 1(3), 5(1)(b)

C4 S. 15(3): functions made exercisable concurrently with Welsh Ministers (1.4.2018) by 2006 c. 32, Sch. 3A para. 2 (as inserted by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 2 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p))

C5 S. 15(3): functions made exercisable concurrently or jointly with Welsh Ministers (1.4.2018) by 2006 c. 32, Sch. 3A para. 1 (as inserted by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 1 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p))

Marginal Citations

M1 1968 c. 77.

M2 1968 c. 77.