Fisheries (Consolidation) Act, 1959

Recovery of fine for offence under Chapter II or III of Part XIII and of possession of articles forfeited under the said Chapter II or III.

236.—(1) The following provisions shall have effect in relation to the recovery of a fine for an offence under any section contained in Chapter II or III of this Part and the costs (if any) ordered to be paid by the person convicted of such offence:—

(a) the Court shall fix a time within which such costs and fine (if any) are to be paid;

(b) where the boat to which such person belongs is, at the time of the hearing of the proceedings for such offence, detained under this Chapter, the Court shall by order directed to a sea fisheries protection officer or officers require such officer or officers to detain further, until such fine and costs (if any) are paid, at a specified port in the State such boat, and such boat shall be detained accordingly;

(c) in the event of such fine and costs (if any) not being paid within the said time, such fine and costs (if any) may be recovered by distress and the sale of such boat;

(d) nothing in the foregoing paragraphs of this subsection shall prevent such fine and costs (if any) being recovered from such person by ordinary process of law.

(2) Where—

(a) any article on board a boat is ordered, under Chapter II of this Part, by a court to be forfeited or, as a statutory consequence of conviction by a court, stands, under Chapter II or III of this Part, forfeited, and

(b) the boat is detained under this Chapter,

the Court may, on the application of the prosecutor, by order directed to a sea fisheries protection officer, authorise such officer to detain such boat until possession has been taken of the article forfeited, and such boat may be detained accordingly.

(3) (a) Where an article on board a boat is forfeited under Chapter II or III of this Part, a sea fisheries protection officer may request the master of such boat to make available such facilities (including the moving of the boat from place to place and the doing of things upon, to or with such boat, its equipment or machinery) as such sea fisheries protection officer may reasonably require for the purpose of enabling him to take possession of the article.

(b) Where the master of a boat fails or refuses to comply with a request made to him under paragraph (a) of this subsection, he shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

(4) If any person wilfully impedes or obstructs a sea fisheries protection officer while the latter is engaged in taking possession of any article forfeited under Chapter II or III of this Part, that person shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for any term not exceeding three months.