Page:Fisheries Protection Ordinance, 1962 (Cap. 171).pdf/3

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
FISHERIES PROTECTION
No. 39 of 1962.
183

(b) the prohibition or restriction of the use of toxic substances for the purpose of fishing;
(c) the prohibition or restriction of the taking of any variety of fish, or fish of any size, from the waters of the Colony;
(d) the prohibition or restriction of the use of any specified kinds of net or of nets having a mesh of any specified size for the purpose of fishing;
(e) the conservation of oysters and oyster beds;
(f) the prohibition or restriction of the collection, removal or destruction of any variety of fish spawn or turtle eggs;
(g) the protection of spawning areas;
(h) generally for the protection or regulation of fishing.

(2) Regulations made under this Ordinance may provide that contravention of any of the provisions of such regulations shall constitute an offence and may prescribe penalties therefor not exceeding five thousand dollars and imprisonment for six months.

Power of search and seizure. 5. (1) The Commissioner or any fisheries officer, fisheries inspector or police officer may without warrant—

(a) board and search any vessel or any part thereof;
(b) seize, remove and retain any fish or other article or thing whether found on board any vessel or in any other place, in respect of which it appears to him that any offence against this Ordinance has been committed or which appears to him to constitute evidence of any such offence having been committed.

(2) The Commissioner or any fisheries officer or any police officer of the rank of inspector and above may enter and search without warrant any premises or place used or reasonably suspected of being used either wholly or in part for the storage of fish in respect of which he has reason to believe an offence against this Ordinance has been committed, or for the storage of any other article or thing capable of being used in the commission of an offence against this Ordinance.

Forfeiture of things in respect of which offences are committed. 6. (1) Where a magistrate is satisfied that an offence against this Ordinance has been committed in respect of any fish or any other article or thing seized under the provisions of section 5, whether or not any person has been convicted in respect of such offence, the magistrate shall order such fish or other article or thing to be forfeited to the Crown.

(2) Notwithstanding anything contained in subsection (1), where any fish is seized under section 5, the Commissioner or any officer authorized by him in writing in that behalf may cause such fish to be