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Powers of inspection, examination and detention of fish, etc.
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9.—(1) Every sea fisheries protection officer is hereby authorised and empowered to do all or any of the following things, that is to say:—
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(a) to stop and search any person conveying or believed to be conveying sea-fish of any kind and to inspect any sea-fish which such person is found to be conveying and for that purpose to open and search any vehicle or package in which such sea-fish is or may be or is believed to be conveyed;
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(b) at all reasonable times to enter upon and have free access to the interior of—
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(i) any premises in which fish is or is believed to be sold, or kept, exposed, or stored for sale, or
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(ii) the premises of any person engaged in the business of carrying goods for reward, or
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(iii) any pier, quay, wharf, jetty, dock or dock premises, or
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(iv) any ship, boat, railway waggon, lorry, cart, or other vessel or vehicle used for the conveyance of goods;
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(c) to examine all sea-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 sea-fish;
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(d) to stop, enter, and search, on 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 undersized sea-fish, 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;
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(e) to take, remove, and detain in his custody any sea-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;
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(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 this Act;
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(g) to demand and take the name and address of the person having custody of any sea-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 sea-fish or other article.
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(2) When a sea fisheries protection officer detains in his custody under the authority of this section any sea-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 sea-fish or other article dealt with according to law.
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(3) Where a sea fisheries protection officer detains in his custody under the authority of this section any sea-fish and such sea-fish is likely to become unfit for human food before the matter can conveniently be dealt with by any court, he shall produce such sea-fish to a Peace Commissioner, and if authorised so to do by such Peace Commissioner shall destroy such sea-fish.
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(4) A Peace Commissioner to whom any sea-fish is produced in pursuance of this section shall, if he is of opinion that the sea-fish ought in the circumstances to be destroyed, give to the sea fisheries protection officer producing the sea-fish a certificate in writing describing the sea-fish and any marks, peculiarities, or other particulars thereof pointed out to him by such officer and authorising such officer to destroy the sea-fish, which certificate shall be conclusive evidence in every court of all such matters of fact as aforesaid stated therein.
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(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.
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(6) Every person—
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(a) who obstructs or impedes any sea fisheries protection officer in the exercise of any of the powers conferred on such officer by this section, or
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(b) who, when his name and address is lawfully demanded of him by a sea fisheries protection officer under this section, refuses or fails to give his name and address or gives a name or address which is false or misleading, or
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(c) who, when the name and address of any other person is lawfully demanded of him by a sea fisheries protection officer under this section, refuses or fails, knowing such name and address, to give such name or address or gives a name or address which is false or misleading
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shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding ten pounds, or at the discretion of the court, to imprisonment for any term not exceeding two months.
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(7) If any person whose name and address is lawfully demanded by a sea fisheries protection officer under this section refuses to give his name and address or gives, as his name or address, a name or address which is reasonably believed by such officer to be false or misleading, such officer may, without warrant, arrest such person and, in that case, shall as soon as may be bring him before a justice of the District Court or, where no such justice is immediately available, a Peace Commissioner, and thereupon such justice or Peace Commissioner shall deal with such person according to law.
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