Fisheries Act · 2024 Revised Edition · Part · Enforcement
51. Temporary return of vessels etc. seized
Official textFrom Attorney General's Chambers, unchanged
Where any vessel, vehicle, aircraft, article or thing is seized under this Act, the Director may temporarily return the vessel, vehicle, aircraft, article or thing to the owner thereof or to the person from whose possession, custody or control it was seized, subject to such conditions as the
vessel
“vessel” means any boat, ship or other water-going craft and includes a hovercraft.
Director may impose and subject, in any case, to sufficient security being furnished to the satisfaction of the Director that the vessel, vehicle, aircraft, article or thing shall be surrendered to him on demand and that those conditions, if any, shall be complied with.
The security referred to in subsection (1) shall not be less than the aggregate value of the vessel (including its equipment, furniture, stores, cargo and fishing appliances), vehicle, aircraft, article or thing, the expenses incurred in the seizure of the vessel, vehicle, aircraft, article or thing and in any repatriation of the crew of the vessel, vehicle or aircraft and the maximum fine which could be imposed in respect of the offence.
fishing
“fishing” means — (a) the catching, taking or killing of fish by any method; (b) the attempted catching, taking or killing of fish; (c) engaging in any activity which can reasonably be expected to result in the catching, taking or killing of fish; or (d) any operation in support of or in preparation for, any activity described in paragraph (a), (b) or (c), but does not include sportsfishing;
Any person who —
fails to surrender on demand to the Director the vessel, vehicle, aircraft, article or thing temporarily returned to him under subsection (1); or
fails to comply with any of the conditions imposed under subsection (1).
is guilty of an offence.
Terms defined in s 2
fishing
Defined · s 2“fishing” means — (a) the catching, taking or killing of fish by any method; (b) the attempted catching, taking or killing of fish; (c) engaging in any activity which can reasonably be expected to result in the catching, taking or killing of fish; or (d) any operation in support of or in preparation for, any activity described in paragraph (a), (b) or (c), but does not include sportsfishing;
owner
Defined · s 2“owner”, in relation to a vessel, means the person who owns the vessel and includes any charterer, sub-charterer, lessee or sub-lessee of the vessel;
vessel
Defined · s 2“vessel” means any boat, ship or other water-going craft and includes a hovercraft.
Part
Jurisdiction and Evidence
Part