The Shellfish (Specified Sea Area) (Prohibition of Fishing Methods) (Wales) Order 2003

Powers of British sea-fishery officers in relation to fishing boats E+W

4.—(1) For the purpose of the enforcement of article 2 of this Order a British sea-fishery officer may exercise in relation to any [F1 fishing boat] within the territorial sea adjacent to Wales the powers conferred by paragraphs (2) to (4) of this Article.

(2) The officer may go on board the boat, with or without persons assigned to assist with the officer’s duties, and for that purpose may require the boat to stop and may do anything else that would facilitate the boarding of the boat

(3) The officer may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to be necessary for the purpose mentioned in paragraph (1) of this Article and, in particular—

(a) 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 the officer 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 its fishing operations or other operations ancillary thereto or to the persons on board which is in that person’s custody or possession and may take copies of any such document;

(c) for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5 of the Act as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to the officer to be necessary for facilitating the search; and

(d) where the boat is one in relation to which the officer has reason to suspect that such an offence has been committed, may seize and detain any such document produced or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;

but nothing in subparagraph (d) above permits 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.

(4) Where it appears to a British sea-fishery officer that a contravention of section 5 of the Act as read with this Order has at any time taken place within British fishery limits, that officer may—

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

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

and where such an officer detains or requires the detention of a boat that officer must 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 by a British sea-fishery officer.

Textual Amendments

F1 Words in art. 4(1) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 9(2)(a) (with s. 50, Sch. 4 para. 31)

Commencement Information

I1 Art. 4 in force at 9.3.2003, see art. 1