Fisheries (Consolidation) Act 1959
Procedure consequent upon seizure of unlawful fishing engines and lawful fishing engines unlawfully used.
F267[302.—Where a person, in exercise of the powers conferred on him by this F268[Act], seizes any boat or fishing engine, he shall, as soon as may be, apply to the District Justice in whose district it was seized for an order for its disposal under this section and thereupon the following provisions shall have effect:
(a) if, in the case of a boat, the Justice finds that, at the time of its seizure, it had been, was being, or was about to be, used for a purpose which under this Act is unlawful, he shall order it to be forfeited;
(b) if, in the case of a fishing engine, the Justice finds that it is one the use of which is prohibited by law, he shall order it to be forfeited and destroyed;
(c) if, in the case of a fishing engine, the Justice finds that it is a lawful fishing engine which at the time of its seizure had been, was being, or was about to be, unlawfully used, he shall order it to be forfeited;
(d) in any other case, the Justice shall order the boat or fishing engine to be returned to the person who appears to him to be the owner thereof.]
Annotations
Amendments:
F267
Substituted (1.01.1963) by Fisheries (Amendment) Act 1962 (31/1962), s. 26, S.I. No. 216 of 1962.
F268
Substituted (1.08.1994) by Fisheries (Amendment) Act 1994 (23/1994), s. 13, S.I. No. 243 of 1994.