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.

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.

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

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

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.

In this section—

• “the fisheries legislation” means—

  1. a

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

  2. 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.