Fisheries (Consolidation) Act, 1959

Procedure consequent upon seizure of unlawful fishing engines and lawful fishing engines unlawfully used.

302.—Where any person in exercise of the powers conferred on him by this Part, seizes any fishing engine, he shall, as soon as may be, bring it before the District Justice in whose district it was seized, and thereupon the following provisions shall have effect—

(a) if the District Justice finds that the fishing engine is an unlawful fishing engine, he shall order it to be forfeited and destroyed,

(b) if the District Justice finds that the fishing engine is a lawful fishing engine but at the time of its seizure had been, was being, or was about to be, unlawfully used, he shall order it to be forfeited,

(c) if the District Justice finds that the fishing engine is a lawful fishing engine but at the time of its seizure had not been, was not being or was not about to be, unlawfully used, he shall order it to be returned to the person who appears to him to be the owner thereof.