Section 51 of the Marine and Living Resources Act:

The powers of MCM

Powers of fishery control officers

51. (1) For the purposes of enforcing this Act any fishery control officer may with

a warrant enter and search any vessel, vehicle, aircraft or premises or seize any

property.

(2) For the purposes of enforcing this Act any fishery control officermay without a

warrant—

(a) order any foreign fishing vessel in South African waters, and any local fishing

vesselin or beyond such waters to stop;

(b) require the master of a vessel to stop fishing and take the gear of the vessel

back on board;

(c)require the master of a vessel to facilitate the boarding of a vessel by all

appropriate means;

(d)go on board a vessel and take with him or her such other persons as he or she

may require for assistance in the execution of his or her powers;

(e) muster the crew of a vessel;

(f)require to be produced, examine and make copies of a certificate of registry,

licence, permit, log book, official documents, record of fish caught and any

other document required in terms of this Act or relating to a 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;

(g) require the master to appear and give an explanation concerning the vessel, the

crew, any person on board the vessel and any document referred to in

paragraph(f);

(h) make any examination or enquiry which he or she may consider necessary to

ascertain whether any provision of this Act has been contravened;

(i) make an entry dated and signed by him or her in any vessel’s log book;

(j)where he or she has reasonable grounds to believe that an offence in terms of

this Act has been or is being committed, take or require the master to take the

vessel to any place, port or harbour in the territory of the Republic for the

purpose of carrying out any search, examination or enquiry;

(k) give directions to the master and any crew member of any vessel stopped,

boarded or searched as may be necessary or reasonably expedient for any

purpose specified in this Act or for the compliance by the vessel, master or any

crew member with any condition of a licence;

(l) at all reasonable times enter and inspect any fish processing establishment or

any other place where fish or fish products are kept or stored; and

(m) take samples of any fish found in any vessel, vehicle, aircraft or on any

premises searched in terms of this section.

(3) A fishery control officer may, without a warrant—

(a) enter and search any vessel, vehicle, aircraft or premises if he or she has

reasonable grounds to believe that an offence has been or is being committed

or that fish illegally fished or substances or devices for use contrary to section

44 or 45 are being stowed, if—

(i) the person in control of the vessel, vehicle, aircraft or premises consents

to such entry or search; or

(ii) the fishery control officer has reasonable grounds to believe that a

warrant will be issued, if he or she were to apply for such warrant, and the

delay caused by the obtaining of such a warrant would defeat the object

of the entry or search;

(b) stop, enter and search any vessel, vehicle or aircraft which he or she

reasonably suspects is being used or is involved in the commission of an

offence in terms of this Act;

(c) seize—

(i) any property on board any vessel, vehicle or aircraft or on any premises

if—

(aa) the person in control of the vessel, vehicle, aircraft or premises

consents to such seizure; or

(bb) the fishery control officer has reasonable grounds to believe that a

warrant will be issued, if he or she were to apply for such warrant,

and the delay caused by the obtaining of such a warrant would

defeat the object of the seizure;

(ii) any vessel, including its gear, equipment, stores and cargo, and any

vehicle or aircraft of which he or she has reasonable grounds to believe

that it has been or is being used in the commission of an offence in terms

of this Act or in respect of which he or she suspects such offence to have

been committed or which he or she knows or has reasonable grounds to

suspect that it has been seized or forfeited in terms of any provision of

this Act;

(iii) any fish or fish product which he or she has reasonable grounds to suspect

to have been taken or produced in the commission of such offence or

which are possessed in contravention of this Act;

(iv) any substance or device which he or she has reasonable grounds to

suspect to have been used or to be possessed or controlled in

contravention of section 44 or 45;

(v) any log book, chart or other document required to be maintained in terms

of this Act or in terms of any licence, in respect of which he or she has

reasonable grounds to believe that it shows or tends to show, with or

without other evidence, the commission of an offence in terms of this

Act; or

(vi) anything which he or she has reasonable grounds to believe might be

used as evidence in any proceedings in terms of this Act; or

(d)arrest any person whom he or she has reasonable grounds to suspect to have

committed an offence in terms of this Act.

(4) In exercising the powers referred to in this section a fishery control officer may,

where necessary, use only the minimum force which is reasonable in the circumstances,

with due regard to human dignity and privacy.

(5) A fishery control officer shall in the exercise of his or her powers in terms of this

Act, be deemed to be a peace officer as defined in section 1 of the Criminal Procedure

Act, 1977 (Act No. 51 of 1977).