Fisheries (Consolidation) Act, 1959

Disposal of proceeds of sale of fish in pursuance of a direction under section 301 (4).

319.—(1) Where any fish are sold in pursuance of a direction under subsection (4) of section 301, the following provisions shall have effect—

(a) in case—

(i) proceedings are duly instituted against any person charging him with an offence under any provision of this Act in relation to such fish, and

(ii) such person is convicted of the offence, and

(iii) such fish would, but for the sale thereof, as a statutory consequence of such conviction stand forfeited, the net proceeds of such sale shall be paid into, or disposed of for, the benefit of the Exchequer in such manner as the Minister for Finance shall direct;

(b) in any other case, the said net proceeds shall on demand be paid to the owner of such fish;

(c) where the said net proceeds are to be dealt with in accordance with paragraph (a) of this subsection—

(i) in case it appears to the Minister that a member of the Garda Síochána detained such fish under section 301, there shall be paid—

(I) to the board of conservators of the fishery district in which the offence was committed a sum equal to two-thirds of the said net proceeds, and

(II) into the Garda Síochána Reward Fund a sum equal to one-third of the said net proceeds,

(ii) in any other case, there shall be paid to the said board of conservators a sum equal to the said net proceeds.

(2) All moneys payable under paragraph (c) of subsection (1) of this section shall be paid by the Minister out of moneys provided by the Oireachtas at such times as he thinks fit.