Fisheries Act (Northern Ireland) 1966

174 Boarding and examination of fishing boats. N.I.

(1) Any authorised person to whom this section applies may do, with respect to any boat [F1 which is or has been] employed in fishing, all or any of the following things—

(a) board the boat;

F1 [(aa) require the attendance of the master and of any other persons who are or have been on board the boat and require all such persons to do anything which appears to him to be necessary for facilitating the performance of his functions;]

(b) examine the certificate of registration or other official papers and the fishing engines of the boat [F1 (including any fishing gear appurtenant to or used in association with any such engine)], and ascertain whether the provisions of this Act or any instrument made thereunder have been complied with and whether the master and other persons [F2 are or have been carrying on fishing in contravention of any statutory provision];

(c) seize any unlawful fishing engine or any lawful fishing engine [F1 which is being, or is reasonably suspected of having been,] unlawfully used and any fishing gear appurtenant to or used in association with any such engine.

[F3 (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) If the master of a fishing boat refuses to produce the certificate of registration or other papers of the boat when required to do so by any person acting under subsection (1), [F2 or if he or any other person who is or has been on board the boat refuses without reasonable excuse to attend upon the authorised person or to do anything which the authorised person requires him to do for facilitating the performance of his functions, he or, as the case may be, that other person] shall be guilty of an offence [F4 and shall be liable on summary conviction to a fine not exceeding £1,000].

(3) This section applies to the following authorised persons, that is to say—

(a) a member of the Royal Ulster Constabulary;

(b) an officer appointed by the Ministry;

(c) a person to whom section 166(2) applies.

(4) In this section “certificate of registration” includes any certificate issued under section [F2 124(2)( a)], and any certificate issued with respect to a boat registered under[F5 the[F6 Part II of the Merchant Shipping Act 1995]].

F1 1981 NI 7

F2 1981 NI 7

F3 2001 c. 4 (NI)

F4 1981 NI 7

F5 1993 c. 22

F6 1995 c. 21