|
|
Special powers of sea fisheries protection officers for enforcing Chapters II and III of Part XIII.
|
233.—(1) Every sea fisheries protection officer may, for the purpose of enforcing Chapter II of this Part or any instrument made thereunder or for the purpose of enforcing Chapter III of this Part or any order made thereunder, do with respect to any sea-fishing boat within the exclusive fishery limits of the State and (subject to the rules of International Law) outside those limits all or any of the following things:—
|
|
| |
(a) he may order such boat to be stopped for the purpose of identification or of allowing him to go on board it;
|
|
| |
(b) he may board such boat;
|
|
| |
(c) he may require the owner, master or crew of such boat, or any of them, to produce any certificates of registry, licences, log-books, papers or other documents relating to such boat, or to the crew, or to any member thereof, which are in the respective possession or control of any of them, the said owner, master and crew, and inspect and take extracts from or copies of any such certificates, licences, log-books, papers or other documents;
|
|
| |
(d) he may require the master of such boat to give an explanation concerning such boat, and the said certificates of registry, licences, log-books, papers or other documents;
|
|
| |
(e) he may search such boat;
|
|
| |
(f) he may demand and take the name and the address of any person on board such boat;
|
|
| |
(g) if he suspects that there has been a contravention by any person on board such boat of the provisions of Chapter II or III of this Part he may without summons, warrant or other process take such boat and all persons on board such boat to the nearest or most convenient port and, pending the taking by him of the steps required by section 234, detain such boat and such persons;
|
|
| |
(h) he may for the purpose of exercising any of the powers conferred on him by any of the foregoing paragraphs of this subsection use such force as he may consider necessary and in particular, if an order given by him to such boat in the manner prescribed by regulations made by the Minister under this section to stop is disobeyed or disregarded, he may, after first causing a gun to be fired as a signal, fire at or into such boat.
|
|
| |
(2) If any person obstructs or impedes any sea fisheries protection officer in the exercise of any of the powers conferred on such officer by this section, or refuses or neglects to comply with any requisition or direction lawfully made or given by such officer or to answer any question lawfully asked by such officer in pursuance of this section, such person shall be guilty of an offence under this section, and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or to imprisonment, with or without hard labour, for any term not exceeding three months.
|
|
| |
(3) No action or other legal proceedings whatsoever, whether civil or criminal, shall be instituted in any Court in respect of the doing of anything authorised to be done by a sea fisheries protection officer under this section, whether such thing is done personally by a sea fisheries protection officer or by a person acting under the orders of a sea fisheries protection officer.
|
|
| |
(4) The Minister may make regulations in relation to any thing referred to in this section as prescribed by regulations made by the Minister under this section.
|
