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.