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Salmon and Freshwater Fisheries Act 1975
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31 Powers of search etc.E+W
(1)Any [F1water bailiff appointed by the appropriate agency and] any person appointed by the Minister—
(a)may examine any dam, fishing weir, fishing mill dam, fixed engine or obstruction, or any artificial watercourse, and for that purpose enter on any land;
(b)may examine any instrument or bait which he has reasonable cause to suspect of having been or being used or likely to be used in taking fish F2... or any container which he has reasonable cause to suspect of having been or being used or likely to be used for holding any such instrument, bait or fish;
(c)may stop and search any boat or other vessel used in [F3fishing in the appropriate agency’s area] or any vessel or vehicle which he has reasonable cause to suspect of containing—
(i)fish F4...;
(ii)any such instrument, bait or container as aforesaid;
(d)may seize any fish[F5 (or a sample of any fish) ] and any instrument, vessel, vehicle or other thing liable to be forfeited in pursuance of this Act.
[F6(e)may disable or destroy any dam, fishing weir, fishing mill dam or fixed engine which he has reasonable cause to suspect of having operated or been used, or of being likely to be used, in contravention of this Act.]
(2)If any person refuses to allow a water bailiff or a person appointed by the Minister to make any entry, search or examination which he is by this section authorised to make, or to seize anything which he is so authorised to seize, or resists or obstructs a water bailiff or person so appointed in any such entry, search, examination or seizure, he shall be guilty of an offence.
Textual Amendments
F1Words in s. 31(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 143(2) (with Sch. 7)
F2Words in s. 31(1)(b) repealed (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 220(2)(a), 324(3), Sch. 22 Pt. 5(B); S.I. 2009/3345, art. 2, Sch. paras. 12, 27(b)
F3Words in s. 31(1)(c) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 143(3) (with Sch. 7)
F4Words in s. 31(1)(c)(i) repealed (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 220(2)(b), 324(3), Sch. 22 Pt. 5(B); S.I. 2009/3345, art. 2, Sch. paras. 12, 27(b)
F5Words in s. 31(1)(d) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 220(2)(c), 324(3); S.I. 2009/3345, art. 2, Sch. para. 12
F6S. 31(1)(e) inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 220(2)(d), 324(3); S.I. 2009/3345, art. 2, Sch. para. 12
Modifications etc. (not altering text)
C1S. 31(1) extended (30.6.1999) by S.I. 1999/1746, arts. 1(1), 8(1) (with art. 2)
C2By Salmon Act 1986 (c. 62, SIF 52:2), ss. 32(6)(a), 43(4) it is provided that s. 31(1)(b)(c) is amended (E.W. and as mentioned in the said s. 43(4) (border rivers))
C3S. 31(2) excluded (30.6.1999) by S.I. 1999/1746, arts. 1(1), 8(9) (with art. 2); S.I. 1998/3178, art. 3
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