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Fisheries Act 1996

International fishing - High seas fishery inspectors

113UD: Investigation of serious violations: powers to detain, question, etc, master and crew

You could also call this:

"What happens if you're on a boat that breaks fishing rules and gets stopped by inspectors?"

Illustration for Fisheries Act 1996

If a vessel is detained at a port under section 113UA(2), and the vessel's flag State agrees, you can be questioned or detained. A high seas fishery inspector can exercise certain powers to investigate a serious violation. The inspector can question you or detain you on the vessel or at another location. You might be asked to provide information or produce records and documents. The inspector can also take or copy records and documents, as stated in section 206. Your detention will end when the vessel is no longer detained, or when it is no longer necessary to investigate. The Search and Surveillance Act 2012 applies to the powers given to the inspector. This section does not affect section 60 of the Evidence Act 2006. You have certain rights during the investigation.

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Part 6AInternational fishing
High seas fishery inspectors

113UDInvestigation of serious violations: powers to detain, question, etc, master and crew

  1. This section applies if—

  2. a vessel is detained at a port under section 113UA(2); and
    1. the authorities of the vessel’s flag State request or consent to the exercise of 1 or more specified powers.

      1. The high seas fishery inspector may, for the purpose of investigating the serious violation and at any reasonable time, exercise any specified power in relation to which the authorities have made a request or given their consent.

      2. The specified powers are the powers to do 1 or more of the following in relation to the vessel’s master or a member of its crew (a person):

      3. detain the person on board the vessel:
        1. direct the person to any other place for questioning and detain the person at that location:
          1. question the person:
            1. require the person to provide an answer, including any explanation or information concerning any vessel, or any place or thing, or any fish, aquatic life, or seaweed, or fishing method, gear, apparatus, record, document, article, device, or thing relating to the taking or possession of any fish, aquatic life, or seaweed:
              1. require the person to produce any records or documents that are in their possession or control and may be relevant to the investigation:
                1. take or make a copy of the record or document in accordance with section 206.

                  1. The power to detain a person under subsection (3)(a) or (b) ceases to apply when the earliest of the following occurs:

                  2. if the person is on the vessel, the vessel ceases to be detained:
                    1. if the person is not, or is no longer, on the vessel, a high seas fishery inspector is satisfied that continued detention of the person is no longer reasonably necessary to investigate the serious violation:
                      1. in any case, the flag State of the vessel requests that the person’s detention end.

                        1. Subpart 5 of Part 4 of the Search and Surveillance Act 2012 applies in respect of the powers conferred by this section.

                        2. Nothing in this section affects section 60 of the Evidence Act 2006.

                        Notes
                        • Section 113UD: inserted, on , by section 42 of the Fisheries (International Fishing and Other Matters) Amendment Act 2025 (2025 No 18).