Section 58: Power of search and seizure

58. Power of search and seizure (1) Where a fishery control officer has reason to believe that an offence under this Act has been, is being or is about to be committed, and considers that it would be impracticable to apply for a warrant, the fishery control officer may, without a warrant— (a) stop, board, search and inspect— (i) in Mauritius or in its maritime zones, any boat or vessel; (ii) on the high seas, any Mauritian fishing boat or Mauritian fishing vessel or any fishing boat or fishing vessel flying the flag of a State party to an international agreement to which Mauritius is also a party and which provides for such stopping, boarding and searching. [Issue 2] F15 – 32 Revised Laws of Mauritius (b) stop and search any vehicle; (c) in the maritime zones or in Mauritius, seize— (i) any vehicle, boat, vessel or structure; (ii) any logbook, record, document or equipment, including any computer or any other electronic device, that may be used as evidence in any proceedings under this Act; (iii) any gear; (iv) any article. (2) In the course of a search and inspection under subsection (1), the fishery control officer may— (a) examine and take copies of any certificate of registry, licence, logbook or any other document relating to the boat or vessel and its fishing activities; (b) examine any fishing gear, fish or fish product; (c) examine any navigational, position fixing, observation or communication equipment or other device on board; (d) take samples of any fish or fish product found on board; (e) where the weather or technical conditions do not allow the carrying out of the inspection, require the master of the boat or vessel to take the boat or vessel to any place, port or harbour for the purpose of performing or completing his inspection. (3) Where a fishery control officer has reason to believe that a violation of a fisheries management measure under an international agreement to which Mauritius is a party has been committed on the high seas, and considers that it would be impracticable to apply for a warrant, the fishery control officer may, without a warrant— (a) seize and detain any Mauritian boat or vessel; (b) where authorised by an international agreement to which Mauritius is a party, seize and detain a foreign boat or foreign vessel, together with its gear, store and cargo, fish, or other article which he has reason to believe has been used in the commission of the violation. (4) Any boat, vessel or other articles seized under subsection (3) shall be dealt with in accordance with sections 63 and 71. (5) Any boat or vessel seized under subsection (1) (c) shall be taken to Port Louis, or to other suitable port in Mauritius together with such persons employed on the fishing boat or vessel as he reasonably believes he would require for the purposes of investigating the offence. F15 – 33 [Issue 2] Fisheries and Marine Resources Act