Sale of perishable items

(1) A perishable item, including fish, fish product, which has been seized or confiscated pursuant to this Act shall be subject to the disposition of the Fisheries Administrator, who may– (a) decide to sell or authorize the sale of such item; or (b) sell or authorize the sale of such item or otherwise dispose of the item at such time and place as he shall determine, and the proceeds from such sale if any, shall be deposited in the Consolidated Revenue Fund. Fisheries Resources [CAP. 210 83 (2) The Fisheries Administrator shall notify the owner or apparent owner of any perishable item seized of the intended sale in accordance with sub-section (2), and such owner or his nominee may be present at the sale. (3) Where the ownership of any item cannot be ascertained at the time of seizure, it shall be forfeited and disposed of as directed by the Fisheries Administrator after ninety (90) days from the date of seizure if, within that time, it has not been possible to establish the ownership of the item. (4) A bona fide purchaser for value without notice, of any item sold under this section shall derive good and unencumbered title in respect of that item. (5) Subject to sub-section (1), all items seized pursuant to section 48 and the proceeds from the sale of such items shall be held in the custody of the Fisheries Administrator until– (a) a decision is made not to lay any information or charge in respect of the alleged offence for which the item was seized; (b) the completion of proceedings in respect of the alleged offence for which the item was seized in instances where a charge or information is laid; or (c) the Court has issued an Order in relation to such proceeds. (6) The decision whether or not to lay an information or charge in respect of an alleged offence for which an item seized under section 48 shall be made as soon as reasonably practicable after the item is seized, taken possession of, or detained. (7) The Fisheries Administrator, or a Fisheries Officer lawfully exercising any power under this Act, is not liable for 84 Fisheries Resources any spoilage or deterioration in the quality of any fish or other item seized, taken possession of or detained.