Forfeiture
Section 46 – Forfeiture of prohibited items
136.Section 46 allows the Scottish Ministers to seek the forfeit of any item which has been seized where it would be illegal under Scots law to use that item for sea fishing. This power is available by virtue of section 46(1) to items lawfully seized by BSFOs under sea fisheries legislation either within the Scottish enforcement area or from on board a Scottish fishing boat wherever it is. Section 46(3) allows the Scottish Ministers to dispose of items forfeited under section 46 in any manner they see fit.
Section 47 – Forfeiture of fish failing to meet size requirements
137.Section 47 allows the Scottish Ministers to seek the forfeiture of fish and shellfish which fails to meet minimum size requirements for that species. This power is available by virtue of section 47(1) to items lawfully seized by BSFOs under sea fisheries legislation either within the Scottish enforcement area or from on board a Scottish fishing boat wherever it is. Section 47(3) allows the Scottish Ministers to dispose of items forfeited under section 47 in any manner they see fit.
Section 48 – Further provision about forfeiture under section 46 or 47
138.Section 48 and schedule 2 set out the process to be followed where the Scottish Ministers wish to seek the forfeiture of property under sections 46 and 47, and provide for an appeal process which allows an application regarding forfeiture to be made to a sheriff. Where a sheriff makes a decision on a forfeiture application, that ruling may be appealed to the sheriff principal.