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Powers of inspection, examination and detention.
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301.—(1) In this section the expression “authorised officer” means any person being—
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(a) a member of the Garda Síochána, or
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(b) an officer or servant of a board of conservators authorised in writing by that board to exercise the powers conferred by this section, or
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(c) an officer of the Minister, authorised in writing by the Minister to exercise the powers conferred by this section, or
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(d) an officer or servant of the Electricity Supply Board authorised in writing by the Minister to exercise the powers conferred by this section.
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(2) Every authorised officer is hereby authorised to do all or any of the following things:—
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(a) to stop and search any person conveying or suspected to be conveying fish of any kind or any instrument or substance used or adapted for taking fish unlawfully and to inspect any fish, instrument or substance which such person is found to be conveying and for that purpose to open and search any vehicle or package in which such fish, instrument or substance is or may be or is believed to be conveyed;
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(b) at all reasonable times to enter upon and have free access to the interior of—
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(i) any premises in which fish is or is believed to be sold, or kept, exposed or stored for sale, or
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(ii) any premises in which poison or explosive intended for the destruction of fish is or is believed to be kept, or
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(iii) the premises of any person engaged in the business of carrying goods for reward, or
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(iv) any aerodrome, pier, quay, wharf, jetty, dock or dock premises, or
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(v) any ship, boat, aircraft, railway wagon, motor lorry, cart, or other vessel or vehicle used for the conveyance of goods;
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(c) to examine all fish found in any place which he is authorised by this section to enter and for that purpose to open any package found in such place and containing or believed to contain fish;
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(d) to stop, enter and search, on any river, lake or estuary, or the shores thereof or any part of the sea or the shores thereof any boat used or believed to be used for fishing or containing or suspected of containing fish unlawfully captured and to examine all fish and all fishing engines found therein and for that purpose to open any package which contains or is suspected of containing any fish or fishing engine;
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(e) to take, remove and detain in his custody any fish (either together with or without any package in which the same may be contained) found in the course of the exercise of any of the powers conferred by this section in respect of which an offence under this Act is being or is suspected of being committed or which have been or are suspected of having been unlawfully captured;
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(f) to take, remove and detain in his custody any fishing engine or any article liable or believed to be liable to forfeiture under this Act;
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(g) to demand and take the name and address of the person having custody of any fish or other article which the authorised officer is authorised under this section to examine and also demand and take from such person the name and address of the owner of such fish or other article.
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(3) Where an authorised officer detains in his custody under the authority of this section any fish or other article he shall, as soon as may be, take such steps as may be proper to have the person guilty or believed to be guilty of the offence committed or believed to have been committed in relation to such fish or other article dealt with according to law.
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(4) Where—
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(a) an authorised officer detains in his custody under this section any fish, and
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(b) such fish is likely to become unfit for human food before the matter can conveniently be dealt with by any Court,
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he shall produce such fish to a Peace Commissioner and thereupon the following provisions shall apply—
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(i) if the Peace Commissioner is of opinion that such fish ought to be destroyed, he shall direct such authorised officer to destroy such fish, and such fish shall be destroyed accordingly;
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(ii) if the Peace Commissioner is not of that opinion, he shall direct such authorised officer to sell such fish, and such fish shall be sold accordingly.
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(5) A direction by a Peace Commissioner under subsection (4) of this section directing an authorised officer to destroy or sell fish shall—
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(a) be in writing,
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(b) be in such form as the Minister may direct,
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(c) describe such fish and any marks, peculiarities or other particulars thereof pointed out to that Peace Commissioner by such authorised officer,
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(d) be conclusive evidence in every Court of the matters of fact stated therein.
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(6) No authorised officer shall be liable for any loss or damage occasioned by or in the course of the exercise of any of the powers conferred on him by this section unless such loss or damage was caused by him wantonly or maliciously.
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(7) Every person who obstructs or impedes an authorised officer in the exercise of any of the powers conferred on him by this section or refuses to give his own name and address or the name and address of any other person (so far as known to him) when lawfully demanded under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds or, at the discretion of the Court, to imprisonment for any term not exceeding two months.
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