Sea Fish (Conservation) Act 1967

15 Powers of British sea-fishery officers for enforcement of Act

(1) Subject to the provisions of section 18 of the [1962 c. 31.] Sea Fish Industry Act 1962, every British sea-fishery officer shall have the powers conferred by the following provisions of this section.

(2) Any such officer may seize—

(a) 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 caught by the use of a fishing boat contravening section 4(1) of this Act, or caught in contravention of a prohibition imposed by an order under section 5 thereof, where the fish are on the fishing boat or, as the case may be, on the fishing boat used in contravention of such a prohibition or are in the ownership or custody, or under the control, of the owner or master or the charterer (if any) of the fishing boat;

(c) any net or other fishing gear used in contravening the said section 4(1) or used in contravention of a prohibition imposed by an order under the said section 5 ;

(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.

(3) Any such officer may exercise, with respect to any fishing boat in any waters adjacent to the United Kingdom and within the fishery limits of the British Islands, and with respect to any British fishing boat registered in the United Kingdom, wherever it may be, such of the powers conferred on British sea-fishery officers by paragraphs (1) to (8) of section 12 of the [1883 c. 22.] Sea Fisheries Act 1883 as may be conferred on him by order of the Ministers, being powers which the Ministers consider necessary for the enforcement of section 1, 3, 4(1) or 5(6) of this Act or of any order under section 1, 3, 5 or 6 thereof.

(4) Any such officer may exercise with respect to any fishing boat which is British-owned but not registered under the [1894 c. 60.] Merchant Shipping Act 1894, wherever it may be, such of the powers mentioned in subsection (3) above as may be conferred on him by order of the Ministers, being powers which (in so far as they are not exercisable with respect to any such fishing boat by virtue of an order under subsection (3) above) the Ministers consider necessary for the enforcement of section 4(1) of this Act in respect of fishing for salmon or migratory trout or of any order under section 5 or 6 thereof in relation to the fishing for, or landing of, salmon or migratory trout.

(5) Any such officer may make any examination or inquiry which he deems necessary to ascertain whether any contravention of any of the following provisions of this Act, that is to say, sections 1, 3, 4(1), 5, 6 and 7, or of an order under any of the said sections, 1, 3, 5 and 6, has been committed and may administer an oath for that purpose.

(6) Any such officer shall be entitled to the same protection in respect of any action brought against him for any act done or omitted to be done in the exercise of any power conferred on him by virtue of this section to seize or detain a fishing boat as is given, with respect to the seizure or detention of any ship, to an officer of customs by section 76 of the Merchant Shipping Act 1894.

(7) If any person obstructs any such officer in acting under the powers conferred by this section or refuses or neglects to comply with any requisition or direction lawfully made, or to answer any question lawfully asked, by any such officer in pursuance of this section he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £50 or, in the case of a conviction in Scotland, £200 or to imprisonment for a term not exceeding three months.