The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Scotland) Order 2000

Powers of British sea-fishery officers in relation to fishing boats

8.—(1) For the purpose of enforcing this Order or a relevant provision of an Order of the kind referred to in article 6(3) above a British sea-fishery officer may exercise in relation to–

(a) any Scottish fishing boat wherever it may be, or

(b) any other fishing boat which is within the Scottish zone,

the powers conferred by paragraphs (2) to (4) of this article.

(2) He may go on board the boat, with or without persons assigned to assist him in his duties, and may require the boat to stop and do anything else which will facilitate either the boarding of, or the disembarkation from, the boat.

(3) He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) of this article and, in particular–

(a) may search for, examine and may test any equipment of the boat, including the satellite tracking device, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination and test;

(b) may require any person on board the boat to produce any document relating to the boat, or the equipment of the boat, to any fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession;

(c) for the purpose of ascertaining whether an offence under this Order or of the kind referred to in article 6(3) above has been committed, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search;

(d) inspect, take copies of and retain in his possession while he completes any search, examination and inspection provided for under this article, any such document produced to him or found on board;

(e) without prejudice to sub-paragraphs (c) and (d) above, may require the master or any person for the time being in charge of the boat to render all such documents on a computer system into a visible and legible form in which it may be taken away; and

(f) where the boat is one in relation to which he has reason to suspect that an offence under this Order or of the kind referred to in article 6(3) above has been committed, may seize and detain any such document produced to him or on board for the purpose of enabling the document to be used as evidence in proceedings for the offence.

(4) Where it appears to a British sea-fishery officer that an offence under this Order or of the kind referred to in article 6(3) above has at any time been committed, he may–

(a) require the master of the boat in relation to which the offence took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and

(b) detain or require the master to detain the boat in the port;

and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.