Section 9: Enforcement of the Act

(1)
An authorised person may, within the territorial waters of Nigeria or its exclusive economic zone for the purpose of enforcing any provision of this Act-
(a)
require the owner or the person in charge of a motor fishing boat in respect of which a licence has been issued, to exhibit his licence, fishing apparatus and catch;
(b)
require the owner or the person in charge of any motor fishing boat or any person engaged in fishing to exhibit his fishing apparatus and catch;
(c)
go on board any motor fishing boat, search and examine the motor fishing boat and any fishing apparatus that may be therein;
(d)
where there is reasonable suspicion that an offence under this Act has been committed, take the alleged offender and the motor fishing boat, fishing apparatus and catch to the most convenient port or police station.
(2)
The powers vested in an authorised person under subsection (1) of this section may be exercised by him without warrant, summons or other process.
(3)
Any motor fishing boat or apparatus taken from an alleged offender under the provisions of paragraph (d) of subsection (1) of this section, may be detained or kept pending the trial of the alleged offender, and the catch may be sold and the proceeds of the sale detained or kept pending such trial.
(4)
Any motor fishing boat, apparatus or money detained or kept under subsection (3) of this section shall, unless forfeited under the provisions of sections 1 (2) or 13 of this Act, be returned to the person from whom the name was taken or to the lawful owner thereof.
(5)
If a motor fishing boat, after detention under subsection (3) of this section, proceeds to sea before it is released by an authorised person or a court, the master of the motor fishing boat and also the owner and any person who sends the motor fishing boat to sea, if the owner or person is privy to the master's offence, shall be- guilty of an offence under this Act.
(6)
In this section, "an authorised person" means-
(a) a licensing officer;
(b) any commissioned officer in the Nigerian Army, Navy or Air Force;
(c) a police officer not below the rank of assistant superintendent of police;
(d) a customs officer not below the rank of assistant preventive superintendent;
(e)
a surveyor or examiner appointed under the provisions of the Merchant Shipping Act; and
(f) any other person authorised in writing by the Minister in that behalf.