Fisheries Act, 1925

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Powers of inspection, examination and detention.

24.—(1) Every member of the Gárda Síochána and every officer or servant of a board of conservators authorised in writing by such board to exercise the powers conferred by this section and every officer of the Minister authorised by the Minister to exercise the powers conferred by this section is hereby authorised and empowered to do all or any of the following things, that is to say:—

(a) to stop and search any person conveying or believed to be conveying fish of any kind or any instrument, poison or explosive used or adapted for taking fish illegally and to inspect any fish and any such instrument which such person is found to be conveying and for that purpose to open and search any vehicle or package in which such fish or instrument is or may be or is believed 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 poison or explosive intended for the destruction of fish is believed to be kept, or

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

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

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

(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;

(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, barge, corach, or other vessel used or believed to be used for fishing or containing or suspected of containing fish illegally captured and to examine all fish and all nets and other instruments used in fishing found therein and for that purpose to open any package which contains or is suspected of containing any fish, nets, or other instruments as aforesaid;

(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 (Ireland) Acts, 1842 to 1909, the Fisheries Act, 1924 , or this Act is being or is suspected of being committed or which have been or are suspected of having been illegally captured;

(f) to take, remove, and detain in his custody any net or other instrument used in fishing or any article which is liable or is believed to be liable to forfeiture under the Fisheries (Ireland) Acts, 1842 to 1909, or the Fisheries Act, 1924 , or this Act;

(g) to demand and take the name and address of the person having custody of any fish or other article which he 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) When any person detains in his custody under the authority of this section any fish or other article he shall as soon as conveniently 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.

(3) Where any person 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, such person shall produce such fish to a Peace Commissioner, and if authorised so to do by such Peace Commissioner shall destroy such fish.

(4) A Peace Commissioner 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, 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 the fish, which certificate shall be conclusive evidence in every court of all such matters of fact as aforesaid stated therein.

(5) No person 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 such person wantonly or maliciously.

(6) Every person who shall obstruct or impede any person in the exercise of any of the powers conferred on him by this section or shall refuse 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.