Can anyone shed any light on what powers of search etc the IFCA will have , we are not licenced in any way , so for example if a fisheries boat came alongside our boat and we show them the contents of our fish box and its fine , where would we stand if they then wanted to basically search our boat and belongings ? what could they in all reality do if we said no , do not go any further ?
Dayangler
From my understanding the only people who can board you at sea are the marine police and the customs men, however I think the other authorities could follow you to your home port and arrange for the proper authorities meet you there.
Although having read this I am not so sure? so best to keep our noses clean!
http://www.eastern-ifca.gov.uk/documents/Enf Policy.pdf
Although having read this I am not so sure? so best to keep our noses clean!
http://www.eastern-ifca.gov.uk/documents/Enf Policy.pdf
All Fisheries officers carry warrant cards. They have powers of arrest and have the authority to enter premises if they believe an offence has been committed.
The Authority may issue a Financial Administrative Penalty (FAP), the level of which may be up
to ÂŁ10,0007, as an alternative to criminal prosecution in certain circumstances. A FAP may only
be issued where there is evidence of offences committed and may be issued to the owner,
skipper and/or charterer of an English or Welsh vessel wherever it operates. Payment of the
penalty will discharge the possibility of the Authority prosecuting the offence. However, if a FAP
is not paid within the required timescale (28 days), the matter will proceed to court (note that
non-payment of the FAP is not an offence). Guidance8 details information on the categories of
penalty according to the regulation breached and the severity of the offence. In some
circumstances the Authority may decide a FAP is an inappropriate sanction and instigate a
prosecution. FAPs are not issued for offences concerning the obstruction of officers in the
course of conducting their work.
The power to require production of and to inspect documentation;
The power to seize items, including computers, where necessary;
The power to board and inspect fishing vessels or marine installations;
The power to enter and inspect vehicles;
The power of forfeiture in respect of fish and fishing gear suspected to be unlawful;
The power to detain vessels or marine installations.
This is not an exhaustive list of powers available to the Authority, but an example of some of the
more commonly-used powers. The Authority will exercise its powers appropriately and exercise
due restraint to ensure use is proportionate to the particular circumstances. The majority of the
Authorityâs powers derive from the Marine and Coastal Access Act 2009, the Sea Fishing
The Authority may issue a Financial Administrative Penalty (FAP), the level of which may be up
to ÂŁ10,0007, as an alternative to criminal prosecution in certain circumstances. A FAP may only
be issued where there is evidence of offences committed and may be issued to the owner,
skipper and/or charterer of an English or Welsh vessel wherever it operates. Payment of the
penalty will discharge the possibility of the Authority prosecuting the offence. However, if a FAP
is not paid within the required timescale (28 days), the matter will proceed to court (note that
non-payment of the FAP is not an offence). Guidance8 details information on the categories of
penalty according to the regulation breached and the severity of the offence. In some
circumstances the Authority may decide a FAP is an inappropriate sanction and instigate a
prosecution. FAPs are not issued for offences concerning the obstruction of officers in the
course of conducting their work.
The power to require production of and to inspect documentation;
The power to seize items, including computers, where necessary;
The power to board and inspect fishing vessels or marine installations;
The power to enter and inspect vehicles;
The power of forfeiture in respect of fish and fishing gear suspected to be unlawful;
The power to detain vessels or marine installations.
This is not an exhaustive list of powers available to the Authority, but an example of some of the
more commonly-used powers. The Authority will exercise its powers appropriately and exercise
due restraint to ensure use is proportionate to the particular circumstances. The majority of the
Authorityâs powers derive from the Marine and Coastal Access Act 2009, the Sea Fishing
Thanks for replies , reading through the regs , it looks like they can not just search your boat at random , they can only ask to search if they have good reason to suspect you are breaking rules , similar to the police who have to have good reason to suspect certain things ie drugs or stolen goods to carry out a search , and with anglers not being licenced this will make it even more awkward .
I am not suggesting any sort of confrontation with the fisheries staff , they are welcome to have a look in my fish box if I am asked , but we need to know our rights , would any of us be happy for the police to turn up at our front door and want to search our house for no just reason ? so I am not so sure I would be happy with fisheries staff just boarding my boat while my friends and I are just anchored up enjoying a peaceful days fishing , and going through everything .
How many on here are happy to let this happen when there is no just reason ?
We have been through this if your boat is quick enough out gun them! Ive always fancied my self as a bit of a pirate.
If it goes the way it has for us, fisheries have more rights than the police. They can enter your home without warrants and search the premises for illegal catches, etc.
If they catch you on the water, they can - and do - seize all your equipment. If you are in a boat, this includes the boat, trailer and car.
All equipment seized is then destroyed (crushed). These items used to be sold at auction, but this was seen as making profits from illegal activities and double standards.
Personally, I think you have nothing at all to worry about if you don't do the wrong thing. If you do, be prepared, as the fines can also be huge on top of what you have seized.
JonD
If they catch you on the water, they can - and do - seize all your equipment. If you are in a boat, this includes the boat, trailer and car.
All equipment seized is then destroyed (crushed). These items used to be sold at auction, but this was seen as making profits from illegal activities and double standards.
Personally, I think you have nothing at all to worry about if you don't do the wrong thing. If you do, be prepared, as the fines can also be huge on top of what you have seized.
JonD
Just add: fisheries are there to ensure a better future for us anglers. They aren't the bad ones, the bad ones are the ones breaking the rules.
Those who think they will always get away with things over here, constantly look over their shoulder or live in fear someone will report them for the very large rewards for reporting illegal fishing.
JonD
Those who think they will always get away with things over here, constantly look over their shoulder or live in fear someone will report them for the very large rewards for reporting illegal fishing.
JonD
Fisheries are only the good guys if they are enforcing well thought out rules that are fair to all who wish to take fish.
IMO for a fish to be on the no take list for anglers it should be that endangered that all commercial fishing for it was stopped !
Do the Aus fisheries dept enforce anything as ridiculous as this bass ban and previous angler cod bans ?
They have the power to search your boat from top to bottom,these guys are just like the police.if you get lippy the camera comes on and all is recorded.This time they just looked in our fish box.
I was out fishing from Bradwell a few years ago when a fisheries boat came up alongside and asked permission to board. The skipper refused, informing them that he was working. He advised them that he planned to return to the marina at 1730 and that he would bee available for any inspection then.
I asked our skipper the reason behind his decision and was told that they had no power to come aboard whilst he was working???
I asked our skipper the reason behind his decision and was told that they had no power to come aboard whilst he was working???
Well some on this forum seem to think the inshore fisheries are some sort of secret police or something ! All this tripe about more powers than the police ... this is for exceptional circumstances , not for one fish lol in their own rule guide posted above to quote ...
"Any action taken, including compliance related or investigative, is proportionate to
specific, identified, risk or need for intervention"
Which is what it says on the tin , not to randomly board and search for no good reason .
"Any action taken, including compliance related or investigative, is proportionate to
specific, identified, risk or need for intervention"
Which is what it says on the tin , not to randomly board and search for no good reason .
Another interesting point from their paperwork ...
"The Authority will work with all parties to ensure that they understand what rules apply to their
particular activity and the rationale that makes regulation necessary. "
The new rules are supposedly in force now , can anyone show me where the authorities have done the above ??
"The Authority will work with all parties to ensure that they understand what rules apply to their
particular activity and the rationale that makes regulation necessary. "
The new rules are supposedly in force now , can anyone show me where the authorities have done the above ??
The last time they boarded me they looked in my fish box, and gave me one of their fish.
I guess they felt sorry for me
I guess they felt sorry for me
Mashed up bass, in fish pie is all the rage.
No skin or bones, to say otherwise.
Like I said I only catch 20 pounders. So that's in my cool box.
I think it will be a hard one to police as they struggle to catch terrorist with bombs and guns.
I guess though most of us will follow the rule and tow the line, not in fear of being caught but because we're all up for getting more fish in the sea.
Maybe a better idea would be to tag them over the next 12 months and anyone who catches a tagged fish comerial or rod caught must let it go. I just hope it doesn't start an issue of good fish being thrown back dead, for example, you catch a 5 lb bass, keep it, then a 6lb bass, change your mind and keep that. Then a 7 lb bass so change your mind again. Also will the night fishermen to be exempt as I dought there working night shifts to catch people pulling a fast one.
It's a good idea but could do with some tuning, we all agree that something has to be done but it's got to apply to everyone and be manageable. In fact an idea that the fishermen to can police themselves I'm more interested in how they are going to measure the fish stocks after the trial, as I doubt, the commercial fleets will drop quotes allowed. Another I thought, would be to have areas band from fishing, all types, marked off zones with simple buoy set up. Or even a licence that allows you to catch more, and that money go us into a stock breeding program and maintains the no fishing zones.
No skin or bones, to say otherwise.
Like I said I only catch 20 pounders. So that's in my cool box.
I think it will be a hard one to police as they struggle to catch terrorist with bombs and guns.
I guess though most of us will follow the rule and tow the line, not in fear of being caught but because we're all up for getting more fish in the sea.
Maybe a better idea would be to tag them over the next 12 months and anyone who catches a tagged fish comerial or rod caught must let it go. I just hope it doesn't start an issue of good fish being thrown back dead, for example, you catch a 5 lb bass, keep it, then a 6lb bass, change your mind and keep that. Then a 7 lb bass so change your mind again. Also will the night fishermen to be exempt as I dought there working night shifts to catch people pulling a fast one.
It's a good idea but could do with some tuning, we all agree that something has to be done but it's got to apply to everyone and be manageable. In fact an idea that the fishermen to can police themselves I'm more interested in how they are going to measure the fish stocks after the trial, as I doubt, the commercial fleets will drop quotes allowed. Another I thought, would be to have areas band from fishing, all types, marked off zones with simple buoy set up. Or even a licence that allows you to catch more, and that money go us into a stock breeding program and maintains the no fishing zones.
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