Section 42
Powers of entry, seizure, arrest etc.
(1)
An enforcement officer may, where he has reason to believe that an offence has been committed under this Act, without a warrant —
(a)
enter and search any place in which he has reason to believe that an offence against this Act has been committed;
(b)
take samples of any fish found in any vessel or vehicle inspected under section 41(b) or any place searched under paragraph (a);
(c)
arrest any person who he has reason to believe has committed an offence under this Act;
(d)
seize any vessel including its equipment, gear, furniture, appurtenances, stores and cargo, or any vehicle which he has reason to believe has been used in the commission of any offence or in relation to which any offences has been committed under this Act;
(e)
seize any fish which he has reason to believe has been caught in the commission of an offence under this Act;
(f)
seize any fish imported in contravention of regulations made under this Act;
Fisheries
B.L.R.O. 4/2024 33
(g)
seize any explosive, poison, pollutant or other noxious substance, apparatus or prohibited gear or any other thing which he has reason to believe has been used, or was in the possession of someone, in contravention of section 31; or
(h)
seize any unlicensed fishing appliance or marine culture system.
(2)
Where any person is arrested by an enforcement officer, such officer shall comply with the provisions of section 33 of the
Criminal Procedure Code (Chapter 7) as if he were a police officer.
(3)
In effecting any seizure under subsection (1), an enforcement officer may use such force as may be reasonably necessary.
(4)
A written receipt shall be given for anything seized under subsection (1).
(5)
Where any vessel has been seized under subsection (1), the master and crew of the vessel shall take it to such port as the enforcement officer shall designate, being the nearest or most convenient port.
(6)
The master of the vessel shall be responsible for the safety of the vessel, the crew and any other persons on board the vessel in bringing the vessel to the port so designated.
(7)
If the master of the vessel fails or refuses to take the vessel to the port so designated, any enforcement officer or any person called upon to assist him may do so.
(8)
If a vessel is brought to the port pursuant to subsection (6), no claim whatever may be made against any enforcement officer in respect of any death, injury, loss or damage occurring whilst the vessel is being brought to the designated port.