Revised Laws of Saint Lucia (2021)

27.   Powers of authorised officers

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    (1)   For the purposes of enforcing this Act, any authorised officer may, without a warrant—

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      (a)     stop, board and search any foreign fishing vessel in the fishery waters and any local fishing vessel in or outside the fishery waters and stop and search any vehicle;

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      (b)     require to be produced, examine and take copies of any licence or other document required under this Act;

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      (c)     require to be produced and examine any fishing net or other fishing gear whether at sea or on land.

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    (2)   Any authorised officer, where he or she has reasonable grounds to believe that an offence has been committed under this Act may, without a warrant—

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      (a)     enter and search any premises, other than premises used exclusively as a dwelling house, in which he or she has reason to believe that the offence has been committed or where he or she has reason to believe that fish illegally taken are being stored;

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      (b)     take samples of any fish found in any vessel, vehicle or premises searched under this section;

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      (c)     seize any vessel (together with its gear, stores and cargo), vehicle, fishing gear, net or other fishing appliance which he or she has reason to believe has been used in the commission of the offence or in respect of which the offence has been committed;

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      (d)     seize any fish which he or she has reason to believe has been caught in the commission of the offence, or is being possessed in contravention of this Act;

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      (e)     seize any explosive or poison which he or she has reason to believe has been used or is being possessed in contravention of this Act.

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    (3)   Any vessel seized under subsection (2) and the crew thereof shall be taken to the nearest or most convenient port and the vessel may be detained pending the outcome of any legal proceedings under this Act or its release on bond or other form of security in accordance with the provisions of section 32.

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    (4)   Where, following the commission of an offence under this Act by any foreign fishing vessel, such foreign fishing vessel is pursued beyond the limits of the fishery waters, the powers conferred on authorised officers under this section shall be exercisable beyond the limits of the fishery waters, in the circumstances and to the extent recognized by international law.

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    (5)   After a vessel has been stopped under the provisions of this section any authorised officer may, concerning it or in relation to any fish or fish products therein, exercise any of the powers conferred by this section.

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    (6)   An authorised officer in exercising any of the powers conferred on him or her by this section shall on demand produce such means of identification as may be necessary to show that he or she is an authorised officer for the purposes of this Act.