FISH RESOURCES MANAGEMENT ACT 1994 - SECT 194

FISH RESOURCES MANAGEMENT ACT 1994 - SECT 194

194 .         Powers to deal with seized fish

        (1)         If any fish is seized under this Act and, in the opinion of a fisheries officer, it is practicable to return the fish to its natural environment, the fisheries officer may return the fish to its natural environment.

        (2)         If any fish is seized under this Act and, in the opinion of a fisheries officer, the fish is likely to perish if no action is taken to protect it, the fisheries officer may sell, preserve or otherwise dispose of the fish in the prescribed way.

        (3)         Except as provided in subsection (4), proceeds of the sale of any fish under subsection (2) are to be paid to the credit of such account or accounts under this Act as are prescribed or, if no account is prescribed, then into the Consolidated Account.

        (4)         If —

            (a)         any fish is seized by a fisheries officer in connection with a suspected offence; and

            (b)         the fish is sold in accordance with subsection (2); and

            (c)         a decision is subsequently made not to commence proceedings in respect of the offence or after proceedings for the offence have been completed no person is convicted of the offence,

                the proceeds of the sale of the fish (less any costs incurred by the fisheries officer in selling the fish) are to be paid to the person from whom the fish were seized.

        (5)         No compensation is payable to any person in respect of any action taken under this section in respect of any fish.

        [Section 194 amended: No. 77 of 2006 s. 4 and Sch. 1 cl. 68(1).]