Conservation officers; powers and authority

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  • (a) Conservation officers shall have the authority, without warrant, to board, inspect and search any boat, fishing appliance, storage or processing plant, fish house or any warehouse, building or vehicle engaged in transporting any fish or fishery product. Such authority to search and inspect without a search warrant is limited to those cases where such officers have probable cause to believe that fish or any salt water or aquatic products are taken or kept for sale, barter, transportation or other purposes in violation of laws or rules and regulations promulgated under this chapter. Any conservation officer may at any time seize or take possession of any salt water or aquatic products which have been unlawfully caught, taken, processed, or which are unlawfully possessed or transported in violation of any statute or regulation of the Commissioner. For the purpose of this subsection “probable cause to believe” shall mean instances where on the part of a conservation officer there are facts which would induce any fair-minded person of average intelligence and judgment to believe that the provisions of this chapter have been or are being violated.

  • (b) It shall be unlawful for any person to intentionally molest any traps, pots, nets, lines or buoys belonging to another, without permission of the license holder, except as hereinafter provided. Conservation officers may arrest any person or persons in the act of violating any of the provisions of this chapter or rules or regulations of the Commissioner or who are found to be stealing, misappropriating or using in any unauthorized manner the traps, pots, nets, lines or buoys or other equipment of any fisherman in the United States Virgin Islands, and to seize any vessel and its cargo, or other equipment used in violation of this chapter or its regulations. Any person so arrested shall be taken immediately before a judge of the Superior Court and any boat or vessel or other equipment so seized may be confiscated by the Government of the United States Virgin Islands after proper legal proceedings.

  • (c) It is hereby declared unlawful for any person to resist such arrest or in any manner to interfere with said conservation officers while engaged in the performance of the duties imposed upon them by law or rule or regulation of the Commissioner.

  • (d) Conservation officers may at any time lift, raise or draw a pot or trap with its contents, if any, for the purpose of inspection permitted herein; provided, that due care is taken to protect the catch in any such pot or trap if no provision of this chapter has been violated; and provided, further, that the owner of such pot or trap or his designee is present or the consent of the owner has been obtained.

  • (e) The powers, duties and authority of the enforcement officers, and the Superior Court and its officers, conferred by chapter 1, subchapter VIII of this title with reference to conservation tickets and conservation offenses, as well as the rights and liabilities of those charged with those offenses, shall apply equally to violations committed under this chapter. In addition, if a violation is committed from a boat, fishing appliance, storage or processing plant, fish house or any warehouse, building or vehicle engaged in transporting any fish or fishery product, a lien may be placed against it until the fine is paid.


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