Cap. 425 Art. 19General powers of fisheriesprotection officers.

(1) For the purpose of enforcing the provisions of this Act a fisheries protection officer may exercise the following powers with respect to any fishing vessel or any vessel engaged in fishing in the fishing waters:

(a) he may stop the vessel;

(b) he may require the master to stop fishing and take the fishing gear of the vessel back on board;

(c) he may require the master to facilitate the boarding of the vessel by all appropriate means;

(d) he may go on board the vessel and take with him such other persons as he may require to assist him in the exercise of his powers;

(e) he may require the master, the crew or any of them to produce, and the officer may examine and take copies of any certificate of registry, licence, official log book, official paper, article of agreement, record of fish caught and any other document relating to the 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;

(f) he may muster the crew of the vessel;

(g) he may require the master to appear before him and give any explanation concerning the vessel and any crew or any person on board the vessel and any document mentioned in paragraph (e);

(h) he may make any search, examination or enquiry which he shall consider necessary to find out whether any provision of this Act has been contravened;

(i) if he has reasonable grounds for suspecting that any person has committed an offence against this Act, he may without summons, warrant or other process, take the suspected offender, and take or require the master of the vessel to take the vessel in question together with the crew thereof, to a port or harbour in Malta for the purpose of carrying out any search, examination or enquiry and bring him or them before a competent court and detain him and them and the vessel in Malta until the alleged offence has been adjudicated upon;

(j) he may, having regard to the safety of the vessel, take steps to immobilise any fishing vessel detained in accordance with this article;

(k) in the case of any infringement under this Act or regulations made thereunder, he may detain any vessel together with its equipment, stores and cargo if he believes that these have been used in the commission of such an infringement or in respect of which he believes such infringement has been committed, or if the detained objects are the result of an infringement;

(l) he may seize or detain any fishing gear, instruments or appliances which he believes have been used in the commission of such offence;

(m) he may seize any fish which he believes have been taken or fish products produced in the commission of such offence;

(n) he may seize or detain or take copies of any documents which he believes are relevant to any such offence.

(2) In exercising the powers referred to in subarticle (1) a fisheries protection officer may use or employ such force as may be reasonably necessary.

(3) The powers contained in this article may be exercised in respect of a fishing vessel irrespective of whether the vessel is at the time of such exercise engaged in fishing or any activities in any way related to fishing.