Jurisdiction of Fisheries Officers
Submitted by iana on Mon, 2011-04-04 19:59
Can anyone list the jurisdiction that the fisheries officers can apply to boat owners, as opposed the Water Police. I've only had dealings with the Water police, and am curious to know what and how far the fisheries officers can go with out over stepping their boundaries.
Lucky Tim
Posts: 2536
Date Joined: 28/11/07
not sure on WA but you might
not sure on WA but you might find that Fisheries Officers are cross authorised under the marine safety act and visa versa. Even regular cops will be cross authorised and maybe even CALM officers.
till
Posts: 9358
Date Joined: 21/02/08
Yeah had fisheries check the
Yeah had fisheries check the safety gear a few times and even seen fisheries checking trailers!
iana
Posts: 652
Date Joined: 21/09/09
Is that within their jurisdiction though.
They may be just big-heads going further than their authority allows. Our local Rangers have a very limited jurisdiction, over vehicles etc. What business is it of a fisheries officer is it whether a boat is sea-worthy, they are meant to be policing the fishing rules.
Lucky Tim
Posts: 2536
Date Joined: 28/11/07
there is no point having a
there is no point having a marine safety officer and a fisheries officer both check your boat at the same time when one person can do it so most are cross authorised under both acts. Cops can even check you for fisheries stuff and marine safety stuff. I think you'll find it is well within Fisheries Officer's business to check you for this. Most fisheries and marine guys I've met are good but if you fail the attitude test then expect more than a friendly caution.
smiley
Posts: 118
Date Joined: 23/11/10
fisheries
have more powers than the police do, they dont require search warrants etc
iana
Posts: 652
Date Joined: 21/09/09
The WA fisheries act.
The WA fisheries act is on the web, as far as I can interprate, the fisheries officers job is to maintain and enforce the fisheries act.
Police have the powers of the fisheries officers as do Navel officers, but not vice versa.
The fisheries officers can check your fishing gear, check and or search your boat, car and property for illegal fishing activities, but should have a warrent to search a residential house.
They can impound your boat, trailer and vehicle if it is used for illegal fishing activities.
Anything else is a Police matter.
I'm not bagging the fisheries officers, but quering some of the comments on the forum. Which if I read correctly is just imagination.
squidder
Posts: 457
Date Joined: 03/09/10
Be Polite
Be polite and you won't be detained any longer that neccessary, unless you have something to hide
.
Re the power of a fishery officer, they can without a search warrant search your house, but if there is a female presant, they then, at times may get a female officer and sometimes police may be presant.
All this would be if they had just cause.
Don't Fail the "Attitude Test" at the start.
roberta
Posts: 2773
Date Joined: 08/07/08
squidder as far as I
know fisheries can not enter your home without a search warrant. That was taken off of them years ago, as they had more power than a Police Officer, as Police have to have a search warrant to enter your property.
Fisheries can search your boat, car etc, BUT cannot search your person, unless there is a Police Officer present.
Whether stopped by Fisheries, Marine & Harbours or Police, if you co-operate with them and in a very friendly manner you will be treated with respect, but if you ruffle their feathers, watch out.
Ginger Tablets Rock
Lucky Tim
Posts: 2536
Date Joined: 28/11/07
police officers are generally
police officers are generally listed under the act as authorised officers so their police ID is the same as a Fisheries ID. Fisheries Officers usually get authorised individually under each act and receive a ID for each act they are authorised under so just because the marine side of things doesn't get a mention in the Fisheries Act doesn't mean that officers aren't authorised. I use to be a Fisheries Officer and we were cross authorised under about 10 different acts which we had the exact same powers as the people whos job it was to police that act. It wasn't our prime goal to check for offences against these acts but if we needed to we could and were legally allowed to exercise all powers covered by these acts.
I personally thing fisheries and marine safety go hand in hand. Why have 2 seperate cars and teams go through your boat when one team can do both?
iana
Posts: 652
Date Joined: 21/09/09
You could say the same for police and rangers
You could say the same for police and rangers, however they have separate powers. I was told by a ranger where some area they were trialing a system where a Ranger and Police officer traveled together, covered twice the ground.
OK so what were your acts?
Billcollector
Posts: 2080
Date Joined: 16/05/09
Pretty sure fisheries are
Pretty sure fisheries are allowed to check the boat for safety gear etc but not the trailer. thats up to police like any licensed vehicle. We ussually have fisheries,DoT and Police do a bit of a blitz together early in the season up this way
Man Overboard
Posts: 957
Date Joined: 16/01/10
I was of the opinion that
I was of the opinion that Fisheries were allowed to search any room in your house/shed/property, where there is a power point. Obviously to accommodate a fridge/freezer.
They do not need a warrant to do so.
I'll be happy to stand corrected if wrong though.
iana
Posts: 652
Date Joined: 21/09/09
Heres what teh "Act" says.
Fish Resources Management Act 1994
185. Entry and search of residential premises in connection with offence 107
184. Entry and search of non‑residential premises in connection with offenceA fisheries officer may, for the purposes of this Act, enter and search any premises, other than premises used as a residence —
(a) if the fisheries officer has reasonable grounds to suspect that an offence against this Act has been, is being or is about to be committed in or on the premises;
(b) under a warrant issued under section 187; or
(c) with the consent of the occupier of the premises.
185. Entry and search of residential premises in connection with offenceA fisheries officer may, for the purposes of this Act, enter and search any premises used as a residence —
(a) under a warrant issued under section 187;
(b) with the consent of the occupier of the premises; or
(c) if the fisheries officer —
(i) suspects on reasonable grounds that a person has committed an offence against this Act; and
(ii) has pursued the person without interruption from the place, or near the place, where the offence was suspected to have been committed to the premises.