PART 3Sea fisheries

Enforcement of sea fisheries legislation

35Powers of British sea-fishery officers to enforce sea fisheries legislation

1

For the purposes of enforcing the sea fisheries legislation, a British sea-fishery officer has—

a

the common enforcement powers conferred by Part 7 of the Marine (Scotland) Act 2010, and

b

the powers conferred by sections 36 and 39.

2

Subject to subsection (3), the powers which a British sea-fishery officer has by virtue of subsection (1) for the purposes of enforcing the sea fisheries legislation may be exercised—

a

in the Scottish enforcement area, and

b

in relation to any Scottish fishing boat wherever it may be.

3

Those powers may not be exercised in relation to any British warship (that is, any ship belonging to Her Majesty and forming part of Her Majesty’s armed forces).

4

The powers which a British sea-fishery officer has by virtue of subsection (1) are without prejudice to any other powers exercisable by the officer for the purposes of enforcing the sea fisheries legislation.

5

However, the officer may exercise any such other power only in a case where the officer is unable to exercise a power which the officer has by virtue of subsection (1).

6

So far as necessary for the purposes, or in consequence, of the exercise of the powers referred to in subsection (1)(a), references in Part 7 of the Marine (Scotland) Act 2010 to a marine enforcement officer are to be read as including references to a British sea-fishery officer.

7

Sections 151 to 155 of the Marine (Scotland) Act 2010 (duties and liabilities of, and offences in relation to, marine enforcement officers) have effect as if—

a

any reference to a power conferred by Part 7 of that Act included a reference to—

i

such a power as applied by subsection (1)(a), and

ii

the powers conferred by sections 36 and 39, and

b

any reference to a marine enforcement officer’s functions under that Act included a reference to the functions of a British sea-fishery officer under—

i

Part 7 of that Act as applied by subsection (1)(a), and

ii

sections 36 and 39.