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Powers of sea fisheries protection officers.
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21.—(1) For the purposes of enforcing this Act, a sea fisheries protection officer may (within or outside the exclusive fishery limits of Saorstát Eireann, but subject to the rules of international law) either in respect of any Saorstát Eireann ship which he believes is being used for taking or treating whales outside the exclusive fishery limits of Saorstát Eireann, or in respect of any Saorstát Eireann ship which is the subject of an order made by a Justice of the District Court under this Act authorising the seizure of such ship, do all or any of the following things, that is to say:—
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(a) order such ship to be stopped for the purpose of identification or of allowing him to go on board;
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(b) board such ship and inspect the ship;
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(c) require the owner, master, or crew of such ship to produce any certificate of registry, licences, log-books, papers or other documents relating to such ship, or to the crew or any member thereof, which are in the respective possession or control of any of them the said owner, master, and crew, and inspect and take extracts from or copies of any such certificates, licences, log-books, papers or other documents;
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(d) make all such enquiries as he considers it necessary to make;
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(e) search such ship;
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(f) in case such ship is used for treating whales, demand that any part of the plant for treating whales shall be opened up for inspection by him;
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(g) for the purposes of exercising any of the powers conferred on him by any of the foregoing paragraphs of this sub-section use such force as he may consider necessary and in particular, if an order given by him to such ship in the prescribed manner to stop is disobeyed or disregarded, may after first causing a gun to be fired as a signal, fire at or into such ship.
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(2) For the purposes of enforcing this Act, a sea fisheries protection officer may in respect of any factory in Saorstát Eireann which he believes is being used for the treating of whales do all or any of the following things, that is to say:—
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(a) enter the factory and inspect it and its plant and equipment;
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(b) require the occupier or manager thereof and the employees therein or any of them to produce all licences, records, and other documents relating to such factory which are in the respective possession or control of any of them, the said occupier, manager and employees, and inspect and take extracts from or copies of any of such licences, records or other documents;
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(c) make all such inquiries as he considers it necessary to make;
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(d) search such factory;
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(e) demand that any part of the plant for treating whales shall be opened up for inspection by him;
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(f) do all such other things as may be necessary for the purposes aforesaid.
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(3) If any person obstructs or impedes any sea fisheries protection officer in the exercise of any of the powers conferred on him by this section or refuses to comply with any requisition or direction lawfully made or given by such officer or refuses to answer any question lawfully asked by such officer in pursuance of this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding two hundred and fifty pounds or, at the discretion of the Court, to either imprisonment for any term not exceeding three months or both such fine and imprisonment.
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(4) No action or other legal proceedings whatsoever, whether civil or criminal, shall be instituted in any court in Saorstát Eireann in respect of the doing of anything authorised to be done by a sea fisheries protection officer under this section, whether such thing is done personally by a sea fisheries protection officer or by a person acting under the orders of a sea fisheries protection officer.
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