The Sea Fishing (North-East Atlantic Control Measures) Order 2000

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

7.—(1) For the purpose of enforcing the provisions of the Scheme, the Council Regulation and this Order, a NEAFC inspector may, subject to Article 14.1 of the Council Regulation, exercise the powers conferred by paragraphs (4) to (6) of this article, in relation to any relevant British fishing boat within the Regulatory Area.

(2) For the purpose of enforcing the provisions of the Scheme and the Council Regulation, a British sea-fishery officer who is a NEAFC inspector may, subject to Article 14.1 of the Council Regulation, exercise the powers conferred by paragraphs (4) and (5) of this article, in relation to any foreign fishing boat within the Regulatory Area.

(3) For the purpose of enforcing the provisions of the Scheme, the Council Regulation and Parts II and III of this Order, a British sea-fishery officer may exercise the powers conferred by paragraphs (4) to (6) of this article—

(a) in respect of any relevant British fishing boat wherever it may be; and

(b) in respect of any Scottish fishing boat, any foreign fishing boat or any non-Contracting Party vessel which is within relevant British fishery limits.

(4) 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.

(5) 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 purposes mentioned in paragraphs (1), (2) and (3) of this article and, in particular—

(a) may search for fish or fishing gear on the boat and may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;

(b) may require any person on board the boat to produce any document relating to 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 infringement, a serious infringement or an offence under Part II or III of this Order 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) may inspect and take copies of any such document produced to him or found on board;

(e) without prejudice to sub-paragraphs (c) and (d), may require the master and 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, including requiring any such document to be produced in a 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 infringement, a serious infringement, or an offence under Part II or III of this Order has been committed, may seize and detain, or take copies of, any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in any related proceedings for an offence;

but nothing in sub-paragraph (f) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.

(6) Where it appears to him than an infringement, a serious infringement or an offence under Part II or III of this Order has at any time been committed, he may—

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

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

(7) Where a fishing boat is detained or required to be detained by a NEAFC inspector or British sea-fishery officer under paragraph (6)(b), 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—

(a) when the detention relates to a serious infringement, by a British sea-fishery officer who is a NEAFC inspector; or

(b) in any other case, by a British sea-fishery officer.

(8) Where it appears to a British sea-fishery officer who is a NEAFC inspector that an infringement or serious infringement has at any time been committed in the Regulatory Area, he may in relation to a foreign fishing boat require the master to re-route the vessel in such direction, or to such destination, as the flag State of the fishing boat may request.

(9) Where, in carrying out an inspection under Article 25 of the Council Regulation, a British sea-fishery officer is satisfied that a non-Contracting Party vessel is carrying on board regulated resources, he shall serve a notice in writing on the master of such vessel, or any person for the time being in charge of the vessel, prohibiting the landing in England, Wales and Northern Ireland and the transhipment within relevant British fishery limits of such resources.