[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here:  BAILII >> Databases >> Northern Irish Legislation >> FISHERIES ACT (NORTHERN IRELAND) 1966

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FISHERIES ACT (NORTHERN IRELAND) 1966 - SECT 178

178.(1) Every person (in this section referred to as an "authorised officer")
being an officer of the Ministry authorised by the Ministry to exercise the
powers conferred by this section, or a member of the Royal Ulster Constabulary
or an officer of the Board, is hereby authorised to do all or any of the
following things

(a)to stop and search any person, conveying or suspected of conveying fish of
any kind, or any instrument, poison, explosive or thing used or adapted for
taking fish unlawfully and to [examine] any fish, instrument or substance
which that 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 or
is suspected of being 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 or exposed
for sale or stored; 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 aircraft, boat, railway wagon, motor lorry, cart, or other vessel or
vehicle of whatever kind 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 of containing fish;

(d)to stop, enter, and search, on any waters, or the banks thereof, any boat
used or suspected of being used for fishing or containing or suspected of
containing fish unlawfully captured, and to examine all fish and all
fishing engines or fishing gear found therein, and for that purpose to open
any package which contains or is suspected of containing any fish or
fishing engine or fishing gear;

(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 [or
which are, or are believed to be, liable to forfeiture under this Act];

(f)to take, remove, and detain in his custody any fishing engine, boat,
vehicle or thing liable or believed to be liable to forfeiture under 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 to 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 particular thing, he shall as soon as conveniently 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 that thing dealt with according to law.

(3) A person who refuses or fails to give his own name and address or the name
and address (so far as known to him) of any other person, when lawfully
demanded under this section, shall be guilty of an offence [and shall be
liable on summary conviction

(a)except in a case such as is mentioned in paragraph (b), to a fine not
exceeding #1,000;

(b)where the person charged with the offence satisfies the court that any fish
in connection with which the offence was committed were sea-fish taken only by
rod and line or that any other article in connection with which the offence
was committed was used, or (having regard to the circumstances of the offence)
was capable of being used, only in connection with fishing for sea-fish by
rod and line, to a fine not exceeding #200].

(4) This section shall not authorise entry into any premises which are used
exclusively as a private dwelling.

(5) In this section "believed" and "suspected" mean respectively believed on
reasonable grounds and suspected on reasonable grounds.

© 1966 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/fai1966270/s178.html