Marine Living Resources Act, 1998 (Act No. 18 of 1998)Chapter 6 : Law Enforcement51. Powers of fishery control officers |
| (1) | For the purposes of enforcing this Act any fishery control officer may with a warrant enter and search any vessel, vehicle, aircraft or premises or seize any property. |
| (2) | For the purposes of enforcing this Act any fishery control officer may without a warrant— |
| (a) | order any foreign fishing vessel in South African waters, and any local fishing vessel in or beyond such waters to stop; |
| (c) | require the master of a vessel to facilitate the boarding of a vessel by all appropriate means; |
| (d) | go on board a vessel and take with him or her such other persons as he or she may require for assistance in the execution of his or her powers; |
| (e) | muster the crew of a vessel; |
| (f) | require to be produced, examine and make copies of a certificate of registry, licence, permit, log book, official documents, record of fish caught and any other document required in terms of this Act or relating to a vessel and to the crew or any member thereof or to any person on board the vessel which is in their respective possession or control on board the vessel; |
| (g) | require the master to appear and give an explanation concerning the vessel, the crew, any person on board the vessel and any document referred to in paragraph (f); |
| (h) | make any examination or enquiry which he or she may consider necessary to ascertain whether any provision of this Act has been contravened; |
| (i) | make an entry dated and signed by him or her in any vessel’s log book; |
| (j) | where he or she has reasonable grounds to believe that an offence in terms of this Act has been or is being committed, take or require the master to take the vessel to any place, port or harbour in the territory of the Republic for the purpose of carrying out any search, examination or enquiry; |
| (k) | give directions to the master and any crew member of any vessel stopped, boarded or searched as may be necessary or reasonably expedient for any purpose specified in this Act or for the compliance by the vessel, master or any crew member with any condition of a licence; |
| (l) | at all reasonable times enter and inspect any fish processing establishment or any other place where fish or fish products are kept or stored; and |
| (m) | take samples of any fish found in any vessel, vehicle, aircraft or on any premises searched in terms of this section. |
| (3) | A fishery control officer may, without a warrant— |
| (a) | enter and search any vessel, vehicle, aircraft or premises if he or she has reasonable grounds to believe that an offence has been or is being committed or that fish illegally fished or substances or devices for use contrary to section 44 or 45 are being stowed, if— |
| (i) | the person in control of the vessel, vehicle, aircraft or premises consents to such entry or search; or |
| (ii) | the fishery control officer has reasonable grounds to believe that a warrant will be issued, if he or she were to apply for such warrant, and the delay caused by the obtaining of such a warrant would defeat the object of the entry or search; |
| (b) | stop, enter and search any vessel, vehicle or aircraft which he or she reasonably suspects is being used or is involved in the commission of an offence in terms of this Act; |
| (c) | seize— |
| (i) | any property on board any vessel, vehicle or aircraft or on any premises if— |
| (aa) | the person in control of the vessel, vehicle, aircraft or premises consents to such seizure; or |
| (bb) | the fishery control officer has reasonable grounds to believe that a warrant will be issued, if he or she were to apply for such warrant, and the delay caused by the obtaining of such a warrant would defeat the object of the seizure; |
| (ii) | any vessel, including its gear, equipment, stores and cargo, and any vehicle or aircraft of which he or she has reasonable grounds to believe that it has been or is being used in the commission of an offence in terms of this Act or in respect of which he or she suspects such offence to have been committed or which he or she knows or has reasonable grounds to suspect that it has been seized or forfeited in terms of any provision of this Act; |
| (iii) | any fish or fish product which he or she has reasonable grounds to suspect to have been taken or produced in the commission of such offence or which are possessed in contravention of this Act; |
| (iv) | any substance or device which he or she has reasonable grounds to suspect to have been used or to be possessed or controlled in contravention of section 44 or 45; |
| (v) | any log book, chart or other document required to be maintained in terms of this Act or in terms of any licence, in respect of which he or she has reasonable grounds to believe that it shows or tends to show, with or without other evidence, the commission of an offence in terms of this Act; or |
| (vi) | anything which he or she has reasonable grounds to believe might be used as evidence in any proceedings in terms of this Act; or |
| (d) | arrest any person whom he or she has reasonable grounds to suspect to have committed an offence in terms of this Act. |
| (4) | In exercising the powers referred to in this section a fishery control officer may, where necessary, use only the minimum force which is reasonable in the circumstances, with due regard to human dignity and privacy. |
| (5) | A fishery control officer shall in the exercise of his or her powers in terms of this Act, be deemed to be a peace officer as defined in section 1 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977). |