Summary administrative proceedings

(1) The Fisheries Administrator may, where the person charged has fulfilled the conditions of section 85, dispose of such violation by causing a Compounding Agreement to be drawn up by the Attorney General to formalize the terms and conditions for the Fisheries Administrator to accept from such person, on behalf of the Government, an administrative penalty, the amount of which shall– (a) not exceed the maximum fine or penalty prescribed under the Act, plus the fair market value of any fish caught illegally; 90 Fisheries Resources (b) not be less than the minimum level of fine for or penalty described under the Act for the offence for which he was charged before the decision of the Fisheries Administrator to proceed administratively; and (c) where the person charged has committed the same or a similar offence in the past, be an amount not less than the fine or determination previously set plus an additional ten per cent. (2) The compounding of an offence under this section shall be valid on the payment of the fine or penalty and the notification in writing upon payment, under the signature of both parties, to the Supreme Court. (3) Summary Administrative Proceedings shall be null and void if the full amount of the penalty as determined under sub- section (1) is not paid within 3 working days of the notification of such penalty assessment to the person subject to the proceedings, and the matter shall immediately be referred to the Supreme Court. (4) On payment of the penalty in full under this section, the Fisheries Administrator may order the release of any article, items, fish or fish products seized under this Act or proceeds of sale of such items, fish or fish products on such conditions as the Fisheries Administrator may determine. (5) Where the person is unable to pay the determination in full, that person may enter into an agreement with the Fisheries Administrator and Attorney General providing that the determination shall be paid in such instalments as may be agreed. (6) In any proceedings brought against a person for an offence against this Act, it shall be a defence if such person proves that the offence for which he is charged has been compounded under this section. Fisheries Resources [CAP. 210 91 (7) The Fisheries Administrator may order that any fishing gear or other appliance used in contravention of the Act and connected with the vessel be confiscated, but shall not impose a term of imprisonment in compounding an offence. (8) A person aggrieved by a decision of the Fisheries Administrator under this section may appeal to the Supreme Court within thirty days of the decision of the Fisheries