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FOYLE FISHERIES ACT (NORTHERN IRELAND) 1952 - SECT 63



63.(1) Every person (in this section referred to as an authorised officer)
being a member or officer of the Commission or member of the Royal Ulster
Constabulary is hereby authorised to do all or any of the following things

(a)to stop and search any person conveying or suspected to be conveying fish
of any kind or any instrument, poison or explosive used or adapted for killing
or taking fish unlawfully and to [examine] 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 any fish, instrument or substance is
being or is suspected to be conveyed;

(b)at all reasonable times to enter upon and have free access to the interior
of

(i)any premises in which fish is or is believed to be sold, or kept, exposed
or stored for sale, or

(ii)any premises in which any instrument or substance intended for the
destruction of fish is or is believed to be kept, or

<(iii)the premises of any person engaged in the business of carrying goods for reward, or


<(iv)any aerodrome, pier, quay, wharf, jetty or dock or premises thereon, or


(v)any ship, boat, aircraft, railway wagon, motor lorry, cart, or other vessel
or vehicle used for the conveyance of goods, [or

<(vi)any hotel, guest house, restaurant or other premises or place at which board and lodging or meals are provided for reward;]


(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 suspected to contain fish;

(d)to stop, enter and search, on any river or the banks thereof or any part of
the sea or the shores thereof any boat used or suspected to be used for
fishing or containing or suspected to contain 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 to contain any fish or
fishing engine;

(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 [the Fisheries Acts or] this Act is being or is
suspected of being committed or which have been or are suspected of having
been unlawfully captured;

(f)to take, remove and detain in his custody any fishing engine [, boat,
vehicle or article] liable or believed to be liable to forfeiture under the
Fisheries Acts or this Act;

(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.

(2) 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 suspected to be guilty of
the offence committed or suspected to have been committed in relation to such
fish or other article dealt with according to law.

(3) Where an authorised officer detains in his custody under the authority of
this section any fish and such fish is likely to become unfit for human food
before the matter can conveniently be dealt with by any court, he shall
produce such fish to a justice of the peace, and if authorised so to do by
such justice of the peace shall destroy or otherwise dispose of such fish.

(4) A justice of the peace to whom any fish is produced in pursuance of this
section shall, if he is of opinion that the fish ought in the circumstances to
be destroyed or otherwise disposed of, give to the person producing the fish a
certificate in writing describing the fish and any marks, peculiarities or
other particulars thereof pointed out to him by such person and authorising
such person to destroy or otherwise dispose of the fish, which certificate
shall be conclusive evidence of all such matters of fact as aforesaid stated
therein.

(5) Every person who 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 against this Act [and shall
be liable on summary conviction to a fine not exceeding #200].[


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