Subdiv 2Fisheries officers

Subdivision 2—Fisheries officers 81—General powers of fisheries officers (1) A fisheries officer may— (a) if the fisheries officer reasonably suspects— (i) that any premises, land, waters, boat or vehicle is being, has been or is intended to be, used for, or in connection with, an activity regulated by this Act, at any time, enter, search and inspect and, where necessary for the purpose, break into or open a part of, or thing in, the premises, land, waters, boat or vehicle; or (ii) that— (A) an offence against this Act has been, is being or is about to be committed on or in a boat, vehicle, train or aircraft; or (B) there is on or in a boat, vehicle, train or aircraft evidence of an offence against this Act or a corresponding law, enter and search the boat, vehicle, vessel, train or aircraft; or (b) if the fisheries officer reasonably suspects that anything has been done or omitted to be done, or is intended to be done or omitted to be done, in contravention of this Act in relation to aquatic resources—attach to or implant in the aquatic resources identification devices and, where necessary for the purpose of finding or gaining access to the aquatic resources, break or open any receptacle or other thing in which the aquatic resources are or may be contained; or (c) if the fisheries officer reasonably suspects that anything has been done or omitted to be done in contravention of this Act in relation to aquatic resources or that it affords evidence of an offence against this Act—seize and retain the aquatic resources; or (d) if the fisheries officer reasonably suspects that anything has been done or omitted to be done in contravention of this Act in relation to any boat, vehicle, device, equipment or other thing, or that it affords evidence of an offence against this Act—seize and retain the boat, vehicle, device, equipment or other thing; or (e) require a person who the fisheries officer reasonably suspects is engaging, is intending to engage, or has engaged, in an activity regulated by this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity; or (f) require a person who the fisheries officer reasonably suspects has knowledge of matters in respect of which information is required for the administration or enforcement of this Act to answer questions about those matters; or (g) require a person to produce documents, including a written record that reproduces in an understandable form, information stored by computer or other process; or (h) examine, copy or take extracts from documents or records so produced or require a person to provide a copy of any such document or record; or (i) require a person holding an authority or required to hold an authority to produce the authority for inspection; or (j) take photographs, films or video or audio recordings; or (k) give directions required in connection with the exercise of a power conferred by any of the paragraphs above or otherwise in connection with the administration or enforcement of this Act. (2) A fisheries officer may only exercise— (a) the powers conferred by subsection (1) as reasonably required for the administration and enforcement of this Act; and (b) the power conferred by subsection (1)(a) in respect of premises on the authority of a warrant issued by a magistrate or justice. (3) However, a warrant is not required to exercise the power conferred by subsection (1)(a) in relation to non-residential premises if— (a) the premises are used by a fish processor for, or in connection with, processing, storing, transporting or dealing with aquatic resources for the purposes of trade or business; or (b) the fisheries officer has reason to believe that, in the circumstances, urgent action is required. (4) A warrant may not be issued unless the magistrate or justice (as the case may be) is satisfied that the warrant is reasonably required in the circumstances. (5) An application for the issue of a warrant— (a) may be made either personally or by telephone; and (b) must be made in accordance with any procedures prescribed by the regulations. (6) If aquatic resources that are liable to seizure are contained in a receptacle or container, the receptacle or container and all its contents may be seized and retained. 82—Power of fisheries officer to search persons for evidence of certain offences (1) If a fisheries officer reasonably suspects that a person has on or about his or her body evidence of a prescribed offence, the fisheries officer may search the person. (2) In searching a person under this section, a fisheries officer— (a) may run his or her hands over the person's outer clothing; and (b) may require the person to remove a coat, jacket, hat or shoes the person is wearing, and may run his or her hands over the person's remaining outer clothing; and (c) if the fisheries officer sees or detects any thing that he or she reasonably suspects is, or contains, evidence of a prescribed offence, may require the person to surrender that item for inspection; and (d) may use reasonable force to remove an item from a person if the person does not comply with a requirement to remove or surrender the item under paragraph (b) or (c); and (e) may inspect an item that a person has removed or surrendered, or that has been removed from a person; and (f) must conduct the search in a manner that affords, to the extent that the circumstances of the search permit, reasonable privacy to the person being searched; and (g) must conduct the search as quickly as is reasonably practicable in the circumstances of the search. (3) A search must be conducted by a person of the same sex as the person being searched unless it is not reasonable or practicable to do so in the circumstances of the search. (4) A fisheries officer who conducts a search under this section must, as soon as possible after completing the search, make a written record of the search setting out— (a) the grounds on which the search was conducted; and (b) the time and place of the search; and (c) the name of the person who conducted the search; and (d) the name of the person who was searched; and (e) the results of the search. prescribed offence means an offence against section 52, 72, 74, 78 or 119. 83—Powers of fisheries officers relating to exotic aquatic organisms and aquaculture fish (1) The Minister may authorise a fisheries officer in writing to take whatever action is, in the opinion of the Minister, necessary or desirable to— (a) search for and destroy exotic aquatic organisms or aquaculture fish; and (b) limit the consequences of presence of the exotic aquatic organisms or aquaculture fish, despite the fact that the action may constitute a trespass or cause loss or damage to property. (2) If a fisheries officer reasonably suspects that an offence has been committed in relation to an exotic aquatic organism or aquaculture fish, the fisheries officer may— (a) search for and destroy the exotic aquatic organism or aquaculture fish and, for that purpose, may take whatever action is, in the opinion of the Minister, necessary or desirable; and (b) take whatever action is, in the opinion of the Minister, necessary or desirable to limit the consequences of the offence or to ameliorate the damage caused by the offence, despite the fact that the action may constitute a trespass or cause loss or damage to property. 84—Power of fisheries officer to arrest persons without warrant (1) A fisheries officer may arrest a person without warrant if— (a) the person hinders or assaults an authorised person, a person accompanying or assisting a fisheries officer or any other person engaged in the administration or execution of this Act; or (b) the fisheries officer reasonably suspects that the person has committed an offence against this Act or a corresponding law and— (i) when required to do so under section 81— (A) the person failed to state truthfully his or her name or usual place of residence; or (B) the person failed to produce true evidence of his or her identity; or (ii) the fisheries officer has reasonable grounds for believing that the person would, if not arrested— (A) fail to attend court in answer to a summons issued in respect of the offence; or (B) continue the offence or repeat the offence; or (C) alter, destroy, conceal or fabricate evidence relating to the offence; or (D) intimidate, harass, threaten or interfere with a person who may provide or produce evidence of the offence. (2) On arresting a person under this section, the fisheries officer must immediately convey the person, or cause the person to be conveyed, to the nearest police station. (a) a person resists arrest under this section; or (b) a person who is arrested under this section escapes from lawful custody, the person is guilty of an offence. Maximum penalty: $10 000 or imprisonment for 2 years. (4) A fisheries officer may use such reasonable force as is necessary for the effective exercise of the power conferred by subsection (1) or discharge of the duty imposed by subsection (2). 85—Corresponding laws may confer powers and functions (1) A corresponding law may confer powers or functions on fisheries officers. (2) If a power or function is conferred on fisheries officers under subsection (1), a fisheries officer may exercise the power or perform the function, as the case requires. 86—Fisheries officer may be assisted in exercise of powers etc (1) A fisheries officer may, while acting in the exercise of powers or discharge of duties under this Act, be accompanied by any person and, if he or she reasonably believes that it is necessary in the circumstances, request a suitable person to assist him or her in the exercise or discharge of those powers or duties. (2) A person, while assisting a fisheries officer in response to a request for assistance, has and may exercise all such powers of a fisheries officer as are reasonably necessary for the purpose. (3) A fisheries officer may, if he or she believes that it is necessary for the purpose of enforcing the provisions of this Act, request the person in charge of a boat or vehicle to make the boat or vehicle available for his or her use. (4) If a fisheries officer makes use of a boat or vehicle under subsection (3), the Minister may pay to the person who would otherwise have been entitled to the use of the boat or vehicle at that time such compensation as the Minister considers proper for any loss incurred as a result of the boat or vehicle being made available for use by the fisheries officer.