Marine and Coastal Access Act 2009

Forfeiture

275 Forfeiture etc of prohibited items

(1) Any item to which this section applies is liable to forfeiture under this section if the use of that item for sea fishing would in any circumstances constitute an offence under the law of England and Wales.

(2) This section applies to any item seized on board a vessel or from the sea by an enforcement officer in the exercise of any power conferred by this Act.

(3) Any item forfeited under this section is to be forfeited to the relevant authority and may be disposed of by that authority in any manner it thinks fit.

276 Forfeiture etc of fish failing to meet size requirements

(1) Any fish to which this section applies are liable to forfeiture under this section if, by virtue of the fish failing to meet requirements as to size, an offence under the law of England and Wales has been committed in respect of the fish.

(2) This section applies to fish seized by an enforcement officer in the exercise of any power conferred by this Act.

(3) Any fish forfeited under this section are to be forfeited to the relevant authority and may be disposed of by that authority in any manner it thinks fit.

277 Further provision about forfeiture under section 275 or 276

Schedule 18 (which makes provision in relation to the forfeiture of property liable to forfeiture under section 275 or 276) has effect.

278 Forfeiture by court following conviction

(1) This section applies where a court by or before which a person is convicted of an offence under the fisheries legislation orders the forfeiture of any fish or any fishing gear in respect of that offence.

(2) The court must order that the property to be forfeited is to be taken into the possession of the person or body by whom proceedings for the offence were brought.

(3) The property may be disposed of as that person or body thinks fit.

(4) Any proceeds arising from the disposal of the property may be retained by the person or body.

(5) The court may order any person convicted of the offence to pay any costs reasonably incurred by any person or body in storing the property that is to be forfeited.

(6) In this section—

• “the fisheries legislation” means—

  (a)

  any enactments relating to sea fishing (including any enactment relating to fishing for shellfish, salmon or migratory trout);

  (b)

  any enforceable EU restrictions and enforceable EU obligations relating to sea fishing;

• “enforceable EU obligation” means an obligation to which section 2(1) of the European Communities Act 1972 (c. 68) applies;

• “enforceable EU restriction” means a restriction to which section 2(1) of that Act applies.