Fisheries (Amendment) Act (Northern Ireland) 2001

Enforcement of regulatory powers in relation to sea-fisheries in Northern Ireland inshore waters

2.—(1) In section 174 of the principal Act (boarding and examination of fishing boats), after subsection (1) insert—

“(1A) Any authorised person to whom this section applies may, for the purpose of enforcing regulations made under section 124, do all or any of the following things with respect to any vehicle or equipment which is or has been employed in fishing—

(a) enter in or on the vehicle or equipment;

(b) require the attendance of the person in charge of, and any other persons in or on or using, the vehicle or equipment and require all such persons to do anything which appears to him to be necessary for facilitating the performance of his functions;

(c) in relation to any vehicle, examine—

(i) any fish in or on the vehicle;

(ii) any apparatus on the vehicle, including any fishing engine and any fishing gear used in association with any such engine;

(iii) any document relating to the vehicle;

(d) in relation to any equipment, examine that equipment and any fish in or on the equipment;

(e) seize—

(i) any vehicle or equipment which is being, or is reasonably suspected of having been, used in the commission of an offence under any regulation made under section 124;

(ii) any fish in respect of which an offence is being, or is reasonably suspected of having been, committed under any regulation made under section 124.”.

(2) Section 180 (procedure for disposal of boat or fishing engine seized in certain cases) shall be amended as follows—

(a) for “or any fishing engine” substitute “, fishing engine, vehicle or equipment”;

(b) for “or fishing engine”, wherever those words occur, substitute “, fishing engine, vehicle or equipment”;

(c) in paragraph (a)—

(i) after “boat” insert “or a vehicle or equipment”;

(ii) for “it”, where it first occurs, substitute “the boat, vehicle or equipment”;

(iii) after “Act” insert “or any regulation made under section 124”.

(3) In section 181(1) of the principal Act (procedure for disposal of fish seized or detained) after “172” insert “, 174”.

(4) In section 183(2) of the principal Act (obstructing or impeding authorised persons) after “174(1)(aa)” insert “or (1A)(b)”.