Foyle and Carlingford Fisheries Act 2007

Seizure and disposal of certain articles.

22.— (1) Section 59(1) of the Act of 1952 is amended by inserting after paragraph (f) the following paragraph:

“(ff) seize any equipment (of whatever nature) which has been, or is being, used for facilitating the unlawful taking of any fish,”.

(2) Section 65 of the Act of 1952 is amended—

(a) by substituting for the words from the beginning of the section to “any boat or fishing engine, he shall,” the following:

“(1) Where a person seizes in the State any boat or fishing engine in exercise of powers conferred on him by this Part or any equipment in exercise of the power conferred by section 59(1)(ff), he shall”,

(b) in subsection (a) and (c) by substituting “had recently been” for “had been”,

(c) by inserting after subsection (c) the following subsection:

“(cc) if, in case of any equipment seized under section 59(1)(ff), the court finds that at the time of its seizure it had been, was being, or was about to be used to facilitate the unlawful taking of fish, the court shall order it to be forfeited;”,

and

(d) in subsection (d) by substituting “, fishing engine or equipment” for “or fishing engine”.