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View Full Version : What is the Law about Fisheries boarding you etc?



odes20
24-07-2010, 07:01 AM
JUst enquiring about this, as in previous threads I have read comments about Fisheries or Water Police boarding you and I have heard of some boaties not allowing them to do so?
I am not trying to start bagging Fisheries or Water Police (enough said in previous threads)

Just wondering if anyone already knows the law on this issue.

Cheers
John

PinHead
24-07-2010, 07:17 AM
I don't know what the law is ...and as i have nothing to hide i don't have a problem if they want to board the boat. Let them do what they want or need to do..be pleasant and then just go about your day on the water...leaves the stress out of it all.

theoldlegend
24-07-2010, 08:13 AM
As Pinhead said, I also don't know what the law is, although I'd be confident in saying the legislation would allow a fisheries officer and a police officer to board your vessel to carry out his/her lawful duties.

Also, why make life difficult for yourself? If you've got nothing to hide, then why not?

TOL

Angla
24-07-2010, 08:26 AM
Not my experience but my brothers. They were at King island (half way across bass straight) and had to then head back towards Victoria. Seas were a little rough and fisheries wanted to board them. The captain of my brothers vessel told them to stay a distance because of the risk of damage and the vast distance they had to travel. They still ended up boarding and inspecting their catch in the sun for 2 hours. Found no violations and let them go. All while the other vessel stood just off.

I would suggest that you can, as a captain, express the possibility of danger and that they will be liable for damages. All the time still allowing them to board if they find these requests reasonable.

Get the deckie to crank up the video if you need to as evidence.

Cheers
Chris

odes20
24-07-2010, 08:40 AM
I have nothing to hide either and have no probs with them needing to fulfill their duties. Just had one tie up to my bow rail once which was a bit annoying with the slop of the sea.
Hey TOL read the post again which started the thread, and see Im not trying to be adversarial, I just wanted to know my rights. Thats not being difficult

Also, why make life difficult for yourself? If you've got nothing to hide, then why not?

TOL

Cheers!
John

TheRealAndy
24-07-2010, 08:47 AM
Cant quote the law off the top I my head (I have posted it here before) but it basically permits fisheries inspectors and any law enforcment agency to board your boat. I will dig up the exact legislation for you a little later on.

datamile
24-07-2010, 08:52 AM
http://notes.nt.gov.au/dcm/legislat/legislat.nsf/linkreference/FISHERIES%20ACT



Division 2 Powers of Fisheries Officers

30 Fisheries Officer may question and examine
(1) Subject to section 32, a Fisheries Officer may, for the purposes of assisting in the conservation or management of a fishery or for the enforcement of this Act or an instrument of a legislative or administrative character made under it at all reasonable times without warrant:
(a) stop, enter and examine any vehicle or vessel, or enter and examine any premises or place, or detain and examine any record, document, article, fishing gear, container, apparatus, or device, or open and examine the contents of an unlocked container, cupboard, drawer, chest, trunk, box, cage, or other receptacle;(b) require a person to unlock any locked vehicle, vessel, premises, or place, or locked container, cupboard, drawer, chest, trunk, box, cage, or other receptacle, if the person is the owner of, is in possession of, or is the person who locked the item required to be unlocked, and is in the immediate vicinity;
(c) take samples and conduct tests;
(d) question any person and require the master of a vessel, or any other person, to give any explanation or information concerning that vessel or a vehicle, or any place, fish, aquatic life, fishing method, fishing gear, container, apparatus, record, document, article, device, or thing; and
(e) require the persons mentioned in paragraph (d) to produce any permit, authority, licence, or certificate issued in respect of that vessel, vehicle, person, or thing, within 7 days after the request, and to produce forthwith evidence of the person's identity,
where that Fisheries Officer has reasonable grounds to believe that any person is or has been engaged in taking, processing for sale, selling, or buying fish or aquatic life, or in aquaculture.
(2) A person shall comply with and not contravene a requirement made under subsection (1)(b), (d), or (e).31 Search
(1) Subject to section 32, where a Fisheries Officer is satisfied that there are reasonable grounds for suspecting that an offence against this Act has been, is being, or is about to be committed and whether after an examination under section 30 or otherwise, the officer may, without warrant:
(a) enter, with such force as is reasonably necessary, at any time, any vehicle, vessel, premises or place and, for that purpose, stop and detain any vehicle or vessel;(b) search the vehicle, vessel, premises, or place and stop and detain any person found in or on them or it and any person whom the officer reasonably believes to be about to enter or to have recently left the vehicle, vessel, premises, or place;
(c) break open and search any container, cupboard, drawer, chest, trunk, box, cage, package or other receptacle, whether a fixture or not, in or on the vehicle, vessel, premises, or place;
(d) detain, remove, and secure any vehicle, vessel, or fishing gear, or any plant, motor, appliance, fitting, or equipment in, on, or attached to any vehicle, vessel, premises, or place, or any fish or aquatic life or other thing that is found on any vehicle, vessel, premises, or place if the officer has reasonable grounds for believing that it is evidence of or otherwise relates to an offence that has been, is being, or is about to be committed against this Act;
(e) require the master or other person in charge of a vehicle or vessel to cause it to stop or to bring it to a place in the Territory and to remain in control of it at that place until a Fisheries Officer permits the master or other person to depart from that place;
(f) order a person to open a locked, barred or otherwise secured container, door, lid, drawer, or other receptacle, or gate; and
(g) take such action as is reasonably necessary to prevent the commission of an offence against this Act.
(2) A person shall comply with and shall not contravene a requirement made under subsection (1)(e) or (f).32 General matters relating to powers of Fisheries Officers
(1) The power conferred by sections 30 and 31 to enter any premises or place without a warrant does not include power to enter a room that is used solely for domestic purposes.
(2) Nothing in sections 30 and 31 shall be construed so as to require any person to answer a question if the answer might tend to incriminate the person.
(3) For the purpose of exercising a power of examination or search under section 30 or 31 a Fisheries Officer may:
(a) order a person who is, or in the opinion of the Fisheries Officer appears to be, the master or other person in control of a vessel or vehicle to take an action, or to desist from an action, to facilitate the entering or boarding of the vessel or vehicle by the Fisheries Officer; or(b) order a person who is, or in the opinion of the Fisheries Officer appears to be, in possession of fishing gear to remove the gear from the water so that the Fisheries Officer can inspect it.
(4) A person shall comply with and shall not contravene an order given under subsection (3). (5) A Fisheries Officer lawfully exercising powers under section 30 or 31 may make or take copies of any relevant record or document, and for this purpose may take possession of and remove from the place where it is kept, for such period of time as is reasonable in the circumstances, any such record or document.
(6) Every person exercising a power conferred by section 30 or 31 shall produce evidence that the person is a Fisheries Officer to any person on or in the vehicle, vessel, premises, or place or claiming an interest in the things on or in or in respect of which the power is exercised, who questions the right of the Fisheries Officer to exercise that power.
(7) The production by a Fisheries Officer of an identity card issued under section 8 or evidence that the officer is a member of the Police Force shall, until the contrary is proved, be sufficient authority to do any thing which the officer is authorised by or under this Act to do.
(8) A Fisheries Officer may, while exercising a power under this Act, be accompanied by any person, and may, if the officer reasonably believes that it is necessary in the circumstances, request any suitable person to assist the officer in exercising that power.
(9) A person, while assisting a Fisheries Officer in response to a request for assistance under subsection (8), shall have and may exercise all such powers of a Fisheries Officer as are reasonably necessary for the purpose.

odes20
24-07-2010, 09:06 AM
Thanks datamile

Nothing more to be said
Cheers
JOhn

Aussie123
24-07-2010, 09:48 AM
The I.D Card/Badge that a fisheries officer wears is deemed to be a search warrant and can therefore enter and search any car,boat,caravan or premises that they believe is associated with committing a crime.
This law was introduced into NSW 30 odd years ago so I presume it would be the same across all states.
In a way fisheries carry more power than the federal police in certain areas of the law and has always been a contentious issue but the fishing fraternity has never stood up and contested these laws.
It is strange that the police need to apply to the courts to search your house especially when you can be talking about murderers and drug dealers but a fisheries officer can force his way into your house because he may think you have too many fish in your freezer.

samson
24-07-2010, 09:52 AM
yep more powers than police shit soon they'll be solving murders.

googarra
24-07-2010, 09:55 AM
Basicially the power to enter, inspect, and seize evidence anywhere they need to enforce the Act, except any dwelling house.

No power to detain you for the above purpose (except a Police Officer who may be operating under Police Powers & Responsibilities Act, who then does have this power)

A Warrant is requiried for Dwelling Houses except if you give permission to them to 'have a look'.

They can board my boat anytime, I have nothing to hide. If you give them a hard time they might just look harder to find something technical that you did not know about.

googarra
24-07-2010, 09:57 AM
No power to enter your caravan and look in your freezer without a warrant or permission, it is considered you dwelling house.

odes20
24-07-2010, 10:24 AM
Basicially the power to enter, inspect, and seize evidence anywhere they need to enforce the Act, except any dwelling house.

No power to detain you for the above purpose (except a Police Officer who may be operating under Police Powers & Responsibilities Act, who then does have this power)

A Warrant is requiried for Dwelling Houses except if you give permission to them to 'have a look'.

They can board my boat anytime, I have nothing to hide. If you give them a hard time they might just look harder to find something technical that you did not know about.

Yeah I agree Googarra dont agravate them , no need to and I know of police who will leave no stone unturned to find something to ping an adversarial citizen.
Thankfully most arent like that
HEY WHEN ARE THESE STH EASTERLIES GONNA DIE DOWN. ? THEY COULD SEARCH MY FREEZER AT PRESENT AND ONLY FIND BAIT! mAYBE UNDER SIZED PILLIES! LOL

Cheers
John

oldboot
24-07-2010, 10:36 AM
so not only can they board you... but if they have good reason the can confiscate your boat and dismantle it.

cheers

mod5
24-07-2010, 10:43 AM
http://notes.nt.gov.au/dcm/legislat/legislat.nsf/linkreference/FISHERIES%20ACT



Division 2 Powers of Fisheries Officers

30 Fisheries Officer may question and examine
(1) Subject to section 32, a Fisheries Officer may, for the purposes of assisting in the conservation or management of a fishery or for the enforcement of this Act or an instrument of a legislative or administrative character made under it at all reasonable times without warrant:


(a) stop, enter and examine any vehicle or vessel, or enter and examine any premises or place, or detain and examine any record, document, article, fishing gear, container, apparatus, or device, or open and examine the contents of an unlocked container, cupboard, drawer, chest, trunk, box, cage, or other receptacle;(b) require a person to unlock any locked vehicle, vessel, premises, or place, or locked container, cupboard, drawer, chest, trunk, box, cage, or other receptacle, if the person is the owner of, is in possession of, or is the person who locked the item required to be unlocked, and is in the immediate vicinity;
(c) take samples and conduct tests;
(d) question any person and require the master of a vessel, or any other person, to give any explanation or information concerning that vessel or a vehicle, or any place, fish, aquatic life, fishing method, fishing gear, container, apparatus, record, document, article, device, or thing; and
(e) require the persons mentioned in paragraph (d) to produce any permit, authority, licence, or certificate issued in respect of that vessel, vehicle, person, or thing, within 7 days after the request, and to produce forthwith evidence of the person's identity,
where that Fisheries Officer has reasonable grounds to believe that any person is or has been engaged in taking, processing for sale, selling, or buying fish or aquatic life, or in aquaculture. (2) A person shall comply with and not contravene a requirement made under subsection (1)(b), (d), or (e).31 Search
(1) Subject to section 32, where a Fisheries Officer is satisfied that there are reasonable grounds for suspecting that an offence against this Act has been, is being, or is about to be committed and whether after an examination under section 30 or otherwise, the officer may, without warrant:


(a) enter, with such force as is reasonably necessary, at any time, any vehicle, vessel, premises or place and, for that purpose, stop and detain any vehicle or vessel;(b) search the vehicle, vessel, premises, or place and stop and detain any person found in or on them or it and any person whom the officer reasonably believes to be about to enter or to have recently left the vehicle, vessel, premises, or place;
(c) break open and search any container, cupboard, drawer, chest, trunk, box, cage, package or other receptacle, whether a fixture or not, in or on the vehicle, vessel, premises, or place;
(d) detain, remove, and secure any vehicle, vessel, or fishing gear, or any plant, motor, appliance, fitting, or equipment in, on, or attached to any vehicle, vessel, premises, or place, or any fish or aquatic life or other thing that is found on any vehicle, vessel, premises, or place if the officer has reasonable grounds for believing that it is evidence of or otherwise relates to an offence that has been, is being, or is about to be committed against this Act;
(e) require the master or other person in charge of a vehicle or vessel to cause it to stop or to bring it to a place in the Territory and to remain in control of it at that place until a Fisheries Officer permits the master or other person to depart from that place;
(f) order a person to open a locked, barred or otherwise secured container, door, lid, drawer, or other receptacle, or gate; and
(g) take such action as is reasonably necessary to prevent the commission of an offence against this Act. (2) A person shall comply with and shall not contravene a requirement made under subsection (1)(e) or (f).32 General matters relating to powers of Fisheries Officers
(1) The power conferred by sections 30 and 31 to enter any premises or place without a warrant does not include power to enter a room that is used solely for domestic purposes.
(2) Nothing in sections 30 and 31 shall be construed so as to require any person to answer a question if the answer might tend to incriminate the person.
(3) For the purpose of exercising a power of examination or search under section 30 or 31 a Fisheries Officer may:


(a) order a person who is, or in the opinion of the Fisheries Officer appears to be, the master or other person in control of a vessel or vehicle to take an action, or to desist from an action, to facilitate the entering or boarding of the vessel or vehicle by the Fisheries Officer; or(b) order a person who is, or in the opinion of the Fisheries Officer appears to be, in possession of fishing gear to remove the gear from the water so that the Fisheries Officer can inspect it. (4) A person shall comply with and shall not contravene an order given under subsection (3). (5) A Fisheries Officer lawfully exercising powers under section 30 or 31 may make or take copies of any relevant record or document, and for this purpose may take possession of and remove from the place where it is kept, for such period of time as is reasonable in the circumstances, any such record or document.
(6) Every person exercising a power conferred by section 30 or 31 shall produce evidence that the person is a Fisheries Officer to any person on or in the vehicle, vessel, premises, or place or claiming an interest in the things on or in or in respect of which the power is exercised, who questions the right of the Fisheries Officer to exercise that power.
(7) The production by a Fisheries Officer of an identity card issued under section 8 or evidence that the officer is a member of the Police Force shall, until the contrary is proved, be sufficient authority to do any thing which the officer is authorised by or under this Act to do.
(8) A Fisheries Officer may, while exercising a power under this Act, be accompanied by any person, and may, if the officer reasonably believes that it is necessary in the circumstances, request any suitable person to assist the officer in exercising that power.
(9) A person, while assisting a Fisheries Officer in response to a request for assistance under subsection (8), shall have and may exercise all such powers of a Fisheries Officer as are reasonably necessary for the purpose.

That is the Northern Territory Legislation. Everyone here needs to check their own State Legislation as I can assure you they ain't all the same.

Angla
24-07-2010, 10:51 AM
Yeah but there still is a limit. If it was blowing 20 knotts and the seas were 2.0 metres, would you let them try and board your boat if there's was big and buoyant and yours was a pristine fibreglass 5 1/2 metres. Not in your nelly as it would be dangerous to peoples lives. Yours if they cause an incident where they hole your hull. and their's if they slip during the jump. There or back. Maybe they could order you to a safe harbour for the inspection but I would think they would have to suspect something.

I would never say no to them and have always been pleasant and they the same, but there is the possibility that circumstances may be present where you as Captain may object/refuse there entry

Cheers
Chris

sleepygreg
24-07-2010, 10:45 PM
It was an issue we had some years ago back in NSW. The powers of a 'Special Constable' were far more than a police officer. Who were 'Special Constables?........park rangers, fisheries officers, council rangers, there were many more but I cant remember them all...but the list was astonishing.

Bros
24-07-2010, 10:57 PM
If you feel so inclined go here and read through the act and regulations and let let us know.

http://www.legislation.qld.gov.au/Acts_SLs/Acts_SL_F.htm

theoldlegend
25-07-2010, 09:06 AM
I have nothing to hide either and have no probs with them needing to fulfill their duties. Just had one tie up to my bow rail once which was a bit annoying with the slop of the sea.
Hey TOL read the post again which started the thread, and see Im not trying to be adversarial, I just wanted to know my rights. Thats not being difficult

Also, why make life difficult for yourself? If you've got nothing to hide, then why not?

TOL

Cheers!
John


No worries Odes. Was just thinking that they could get a bit particular about some aspects of your boat or something if you made them feel unwelcome.

That's why i said "Why make life difficult for yourself?"

TOL

googarra
25-07-2010, 09:23 AM
A ,Special Constable, is still in use and has been around for a long time. It relates to Police who are near the state boarders. The is nothing special about a Special Constable, it is simply the official term that was adopted many years ago.

It avoids the American issue where the Police only have powers within their boundarys and cannot pursue, or act, past the 'state line' like in the good old movies.

If a Gold Coast Police Officer is pursuing a stolen car heading for Tweed Heads and it crosses the border he or she does not have to stop and say 'oh well' he got away.

As soon as he or she crosses the state border they become 'Special Constables' and operate as Police Officers for NSW until it is handed over to them. The same applies to NSW Police crossing the Qld border.

All Police Officers can enforce any Leglislation inside Qld, including Commonwealth Law, and have the same powers as any inspectors or investigators such as Council, Forestry, Fisheries ect ect

No Leglislation can be enforced, any direction given, or any powers acted upon if there is any element of danger to anyone, or destruction of property.

The level of danger would be the debatable issue if anyone refused Fisheries from boarding their boat because it might scratch it.

I am sure that Fisheries Officers are not going to do anything deliberate to damage my boat if the seas were rough and I am sure they are not really interested in racing around to my house to look in my freezer, there is more to be had at the boat ramp

Cheers

Jarrah Jack
27-07-2010, 10:03 AM
The fisheries officers I know are dedicated hard workers doing a sometimes dangerous job. They should really have their own media liason unit to explain to everyone what they are doing and publish their successes.

I think that if they were better at handling the media and communicating to the people who ultimately pay their wages then most of our concerns would disappear. They can be very understaffed, in Vic I've read 20% fewer officers since 03, and unless the public know about the problem then the pollies will continue to generally ignore them which really means ignoring the fisherman as well.

MyEscape
28-07-2010, 04:46 AM
Angla,

As a matter of interest will you be out fishing when it's "blowing 20 knotts and the seas were 2.0 metres"

Gee you're keen

Steve

GBC
28-07-2010, 08:00 AM
I've had them fly in from off the radar in their RIB and board the trawler during a turn. They came in between the lines in the middle of the night - no lights no nothing, and they certainly didn't need any assistance from us to board.
That was off Bundy and they were acting on a tip-off from a local boat that we were towing 12 fathom nets.

Had to winch up, and stow the gear in the middle of the night so they could measure the nets.
The operation took a couple of hours all up and included licence checks, log checks, catch measurement, sanity checks (food processing operations) etc etc.

Then they got in their RIB and nicked off into the night leaving us to clean up the mess.

They have all the power they need, and I think if you whinged about their ability to board due to the sea state, then you're going to be in for a long escort back to protected waters whereby I can assure you they WILL tear your boat apart looking for false floors etc. All they have to say is they had 'suspicion'. And they don't have to put it all back to your satisfaction - they have the power - not you.

Personally I'm all for them and the job they do, and anyone flouting the laws should get what's coming to them.