Photographic evidence

(1) Where a photograph is taken of any fishing or related activity and simultaneously the date and time on which and position from which the photograph is taken are superimposed upon the photograph then it shall be presumed unless the contrary is proved that the photograph was taken on the date at the time and in the position so appearing. (2) The presumption set out in sub-section (1) above shall only arise if– (a) the camera taking the photograph is connected directly to the instruments which provide the date, time and position concerned; and (b) the instruments which provide the date, time and position are judicially recognized as being notoriously accurate or are designated machines or were checked as soon as possible after the taking of the photograph against such instruments. (3) A Fisheries Officer who takes a photograph of the kind described in sub-section (1) may give a certificate appending the photograph stating– (a) his name, address, official position, country of appointment, and provision under which the officer is appointed; 72 Fisheries Resources (b) the name and call sign, if known, of any fishing vessel appearing in the photograph; (c) the model of the camera, watch or clock or other instruments supplying the date and time and the position fixing instrument and a declaration that the officer checked those instruments a reasonable time before and after the taking of the photograph and, if necessary, in accordance with sub-section (2)(b) and that they all appeared to be working correctly; (d) the matters set out in sub-section (2)(a); (e) the accuracy of the fixing instrument used within specified limits; and (f) the maximum possible distance and the direction of the subject of the photograph away from the camera at the time the photograph was taken. (4) Sections 59 or 60 shall apply to a certificate given under this section as if it had been a certificate given under those sections.