Module 3 Assignment
Instructions:
- Download the assignment form through this link.
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- Complete the assignment by filling the answer box on the form. Referring to resource material, where necessary.
- Upload the assignment onto the LMS via Add submission button below.
Assignment:
You will need to explain MEO / IFCO Common Enforcement Powers using the following scenario and answering the associated questions.
Do not copy large pieces of legislation verbatim, answer in your own words to show an understanding of the legislation.
Scenario:
You are at sea on patrol in Lyme Bay at night because reports have been received, from divers, that there is fresh damage to the features of the reefs and seabed, in particular pink sea fans in the area closed to dredging and bottom trawling. Directflight has been tasked to fly over the area in daylight and has reported several scallop vessels dredging just outside the closed area.
At 0430 a vessel is observed which appears to be fishing without lights. A quick check of your radar places the vessel 3 miles inside the Lyme Bay closed area.
Time is of the essence to board and find evidence, to support your suspicion, before it is disposed of by the fishermen.
The RIB is launched and you board the vessel without assistance. You enter the wheelhouse and surprise the helmsman completely as he is watching a video.
You introduce yourself and tell the man on the bridge that you had tried to call him on the radio but he had not replied and you further tell him not to touch any of his electronic equipment as you suspect that he is fishing in contravention of SI 2008 No 1584.
1. The helmsman, regaining his composure, says that you cannot just come onboard just like that. Explain the powers you have to board a vessel?
2. You inform the helmsman that you wish to check the fish hold to examine his catch. He replies that it is locked. Explain the powers you have to search?
3. You ask the helmsman to show you his paperwork. Explain the power you have to see paperwork?
4. You note the position of the vessel from the plotter and GPS and ask the helmsman if his plotter is working and if you can have a copy of his track. Could you remove the card as evidence under any of your powers? (Explain)
5. You make a cursory inspection of the catch of several tonnes of scallops and you estimate that 25% are under 100 mm. Also in the sacks are the remnants of pink sea fans. Explain what you can seize and explain the powers you would use?
6. You inform the man, who you assume is the skipper, that you would like him to haul and that you are going to take photographs and or video of his gear. Can you do this and if so explain the powers you would be acting under?
7. When the catch is hauled the beams are measured and they are over 6.5 metres in length each with seven dredges on each side. There are scallops in the dredges and broken pink sea fans. You inform the skipper that you suspect that he is also fishing contrary to a local byelaw. Explain the powers you have to ask him for his details?
8. You ask the helmsman to show you his permit to fish issued by the IFCA. Explain the power you have to do this?
9. The helmsman looks sheepish and admits that he is not actually the skipper, he’s the Mate. He informs you that the skipper has “got his head down” and is asleep down below. Can you demand the attendance of the skipper on the bridge and if so explain the powers you would use?
10. During the period you are onboard the weather deteriorates and prevents you from fully conducting your inspection. You decide that the only way to facilitate a full inspection would be to do so alongside. Explain the powers you have to require the vessel to be taken to the nearest convenient port?