Fisheries Inspector

Section 146 of the Fisheries Act 1994 (Qld). The Federal Act provides an inspector with the power to board a boat. Pursuant to section 146 of the Federal Act, the requirement that must be met for an inspector to board the boat includes:

1.An inspector may board a boat or enter a vehicle if the boarding or entry is made with the agreement of the owner or person who operates the boat or vehicle. Also, the inspector can enter the boat if the inspector is permitted by a warrant or is made to do so under subsection (2), (3) or (5).

2. An inspector can enter the board of a boat in order to find out if this Act is being complied with or not.

3. An inspector may enter the boat whether this Act is being followed with the inspector believes on reasonable grounds if the boat is being or was used in connection with a fishing activity or the boat contains fish being transported for sale or another commercial purpose.

Yes, an offense has been committed pursuant to schedule 2 of the fisheries declaration 2019.A recreation fisher may only take or possess up to 10 litres of prawns. In this case the fishers have 25 litres, thus exceeding the limit. (Fisheries Declaration 2019 Qld, Schedule 2)

Section 78 of the Fisheries Act 1994 (Qld) is the section number, the people on the boat Easy Days breached. This section explains the prohibited acts about regulated fish. Under the section the person should not take or keep a regulated fish in violation of a regulated fish declaration. Also, to use or sell a regulated fish that is taken or kept in violation of a regulated fish declaration. Secondly, a person should not cut up or kill a regulated fish with the intent to hide the fact it’s actually a regulated fish. The Maximum penalty is 1,000 penalty units. (Fisheries Act 1994, Section 78)

Section 171 of the Fisheries Act 1994 (Qld) provides the power for the inspector to require name and address. Under this section the inspector can require name and address if the inspector thinks the person is committing an offence against the Act. Also, the inspector can do this if he thinks the person in the circumstances or has information that makes the inspector think the person has committed an offence against the act. Only on reasonable grounds.

When doing the requirement, the inspector must advise the person it is an offence to not to disclose the person’s name and address. But the person is entitled not to disclose if the person has a reasonable excuse to do so. The inspector must ask for evidence to correct the person name or address if the inspector believes the name or address given is false. The person has to comply with the requirements in the above subsections 1 and 3 unless the person has an excuse that is reasonable for not following the requirement. The maximum penalty is 200 penalty units.

The person does not commit an offence against this section of the Act if the inspector asks the person to disclose the person’s name and address if they suspect the person of committing an offence against the Act. Also, if there is any proof the person did not commit the offence. (Fisheries Act 1994 Qld, Section 171)

The maximum penalty in units is 1,000 penalty units. (Fisheries Act 1994, Sect 78)

The maximum penalty in units is 1,000 penalty units. (Fisheries Act 1994, Sect 78)

Calculation

- 1 penalty = $143.75 as of 1 July 2022

- $143.75 x 1000 = $143,750.00

Who is likely to be harmed by the identified hazards on your boat? At times you may be the only one at risk. Alternatively, think about whether the hazards may affect: the crew members who work on the boat with you. Inspectors, friends, family and other passengers.

Several of the risks to look out for are as follows,

• variations in the wharf height.

• Tidal conditions, particularly in areas with large tidal ranges.

• Movement of vessel due to waves, winds or currents.

• Platform or gangplank surfaces and the type of rigging needed.

Many States board fishing vessels by bringing the patrol vessel directly alongside. Not really recommended as it places the patrol vessel and the entire crew at risk. A small boarding craft to carry the boarding team is recommended. This leaves the larger patrol vessel in a location to observe and check the safety of the boarding party. Reports must be completed in the language of the coastal state.

Another risk factor could include a language barrier which may pose an initial concern for both fisheries officials and foreign vessel masters. The solution to the problem is to acquire the logbooks and reports must be completed in the language of the coastal state. A further tool is a small handbook of questions in various languages with a common numbering system so that the appropriate numbered question can be asked and shown to the fishing vessel in their language. I believe technology know plays a big part in translations of different languages.

When a vessel is alongside at a berth, the requirement of safe access is a shared responsibility between the vessel and the provider of the berth. Often it is a poor wharf design that prevents landing a gangway, and this has a significant impact on safe access.

Ways of managing risks of falls and injury on a vessel is:

*Ensuring your safety vessels safety management system addresses safe access for workers and others boarding the vessel

*Conducting and reviewing inductions for all workers so they are aware of restrictions for entering or exiting vessel

* Limiting movement of workers during adverse weather conditions

*Providing well lit areas for safe access at night

*Officers using ladders must be confident in using the equipment safely

*Communication between all people.

* The weather and sea state

*Equipment checks

Note taking (this should have commenced on the patrol vessel immediately upon departing harbour and have been continued in detail when it was decided to check a vessel.

Check both sides of the fishing/target vessel for any unusual activities.

Order the vessel captain to steer a course that provides a lee for boarding.

Order the fishing vessel captain to gather his crew in a designated open space before boarding.

Position the patrol vessel for launching the boarding craft;

Launch the boarding craft and approach from the leeward side of the fishing vessel;

Place the patrol vessel on the opposite quarter of the fishing vessel from the boarding craft to watch for any untoward activities.

Place the boarding craft on the opposite quarter for security, and to facilitate disembarkation.; and

Patrol vessel maintains security watch and regularly checks.

146 Boarding of boats and entry of vehicles generally

Department of Agriculture and Fisheries

1.9.2 Statutory Powers of Entry Entry may be authorised specifically under the legislation, such as entry to boats, vehicles or public places. Boarding a boat or entering a vehicle (s146) An Inspector can board a boat to find out whether the Fisheries Act 1994 is being complied with. However, an Inspector can only enter a vehicle if there is “reasonable grounds for suspecting” that the vehicle is being/has been used in the commission of an offence or that there is a thing in the vehicle that may provide evidence of the commission of an offence. Therefore there must be some basis for that suspicion which could be considered and evaluated objectively. In other words, an Inspector must be able to justify the decision to enter the vehicle. 19-296