Marine and Coastal Access Act 2009 Explanatory Notes

Marine and Coastal Access Act 2009

2009 CHAPTER 23

Summary and Background

Part 8: Enforcement

Chapter 4: Fisheries Enforcement Powers

Seizure for purposes of forfeiture

Section 268: Power to seize fish for purposes of forfeiture

685. This section provides a power for an enforcement officer to seize fish for the purpose of forfeiture. The enforcement officer may only do this where a court has the power, following conviction, to order forfeiture. The power enables the seizure of fish from a vessel, from the sea or from the shore, including fish seized under section 252.

686. The section gives enforcement officers practical powers, such as allowing them to take the container the fish are in or to require the fish to be put in a container. It includes a power to require anybody (for example, crew, skipper etc) to keep the fish secure and not to tamper with them whilst the investigation is ongoing and until the fish are seized and removed. It also includes the power to request assistance from anybody in or on the premises whilst the enforcement officer is carrying out his duties, and the power to require a person carrying on an activity in respect of which the officer has functions to afford facilities and assistance.