Fisheries Act · 2024 Revised Edition · Part · Enforcement
42. Powers of entry, seizure, arrest etc.
Official textFrom Attorney General's Chambers, unchanged
An enforcement officer may, where he has reason to believe that an offence has been committed under this Act, without a warrant —
enforcement officer
“enforcement officer” means any person referred to in section 4(2);
enter and search any place in which he has reason to believe that an offence against this Act has been committed;
take samples of any fish found in any vessel or vehicle inspected under section 41(b) or any place searched under paragraph (a);
arrest any person who he has reason to believe has committed an offence under this Act;
seize any vessel including its equipment, gear, furniture, appurtenances, stores and cargo, or any vehicle which he has reason to believe has been used in the commission of any offence or in relation to which any offences has been committed under this Act;
seize any fish which he has reason to believe has been caught in the commission of an offence under this Act;
seize any fish imported in contravention of regulations made under this Act;
Fisheries
seize any explosive, poison, pollutant or other noxious substance, apparatus or prohibited gear or any other thing which he has reason to believe has been used, or was in the possession of someone, in contravention of section 31; or
seize any unlicensed fishing appliance or marine culture system.
Where any person is arrested by an enforcement officer, such officer shall comply with the provisions of section 33 of the
Criminal Procedure Code (Chapter 7) as if he were a police officer.
In effecting any seizure under subsection (1), an enforcement officer may use such force as may be reasonably necessary.
A written receipt shall be given for anything seized under subsection (1).
Where any vessel has been seized under subsection (1), the master and crew of the vessel shall take it to such port as the enforcement officer shall designate, being the nearest or most convenient port.
vessel
“vessel” means any boat, ship or other water-going craft and includes a hovercraft.
The master of the vessel shall be responsible for the safety of the vessel, the crew and any other persons on board the vessel in bringing the vessel to the port so designated.
master
“master”, in relation to a vessel, includes every person (except a pilot as defined in section 2(1) of the Merchant Shipping Order, 2002 having command or charge of the vessel or lawfully acting as the master thereof;
If the master of the vessel fails or refuses to take the vessel to the port so designated, any enforcement officer or any person called upon to assist him may do so.
If a vessel is brought to the port pursuant to subsection (6), no claim whatever may be made against any enforcement officer in respect of any death, injury, loss or damage occurring whilst the vessel is being brought to the designated port.
Terms defined in s 2
enforcement officer
Defined · s 2“enforcement officer” means any person referred to in section 4(2);
fish
Defined · s 2“fish” means any aquatic animal or plant life, whether sedentary or not, and includes all species of fin fish, crustacean, molluscs, aquatic mammals or their eggs or spawn, fry, fingerling, spat or young, but does not include any species of otters, turtles or their eggs;
fishing appliance
Defined · s 2“fishing appliance” includes a fishing net, fishing trap, fishing stakes and any gear, with or without floats, buoys or sinkers, designed for capturing fish and includes any such gear of hook-and-line type;
marine culture system
Defined · s 2“marine culture system” means any establishment, structure or facility employed in aquaculture and includes on-bottom culture, cage culture, hanging-net culture, pen culture, pond culture, pole or stick culture, raceway culture, raft culture, rope culture and hatchery;
master
Defined · s 2“master”, in relation to a vessel, includes every person (except a pilot as defined in section 2(1) of the Merchant Shipping Order, 2002 having command or charge of the vessel or lawfully acting as the master thereof;
vessel
Defined · s 2“vessel” means any boat, ship or other water-going craft and includes a hovercraft.
Part
Jurisdiction and Evidence
Part