Section 49: Abandoned fishing boats

49. Abandoned fishing boats (1) Where the Permanent Secretary is of opinion that a fishing boat or any equipment or article used in connection with a fishing boat, has been sunk, stranded, abandoned or run aground in the maritime zones, and is likely to become an obstruction, a danger to navigation or the public, or is found in a dangerous or hazardous state, or is an eye sore, he may— (a) take possession of the fishing boat, equipment or article; (b) light or buoy the fishing boat. (2) Where the owner of the fishing boat, equipment or article, is known, the Permanent Secretary shall give notice to the owner that if he does not, within 14 days of the notice, take back possession of the boat, equipment or article, he will dispose of it as provided for under subsection (5). (3) Where the owner referred to in subsection (1) is not known, the Permanent Secretary shall publish the notice referred to in subsection (2) in 2 daily newspapers for 2 consecutive days. [Issue 2] F15 – 28 Revised Laws of Mauritius (4) Where the owner takes possession of the fishing boat, equipment, or article, he shall pay any prescribed fee and any expenses incurred by the Permanent Secretary for the purposes of subsections (1) and (2). (5) Where following a notice under subsection (2) or (3), no person establishes a claim on the fishing boat, equipment or article, within 30 days of the notice, or the last publication, as the case may be, the Permanent Secretary may— (a) sell the fishing boat, equipment, or article; or (b) dispose of it as he deems fit having regard to the state in which the boat, equipment or article was found. (6) Where a person establishes to the satisfaction of the Permanent Secretary that he was the owner of the fishing boat, equipment or article, within a delay of 6 months from the date of sale, the Permanent Secretary shall pay to that person the proceeds of sale after deduction of any prescribed fee, and such expenses as may have been incurred, by the Permanent Secretary. (7) Where no claim is made under subsection (6), the Permanent Secretary shall pay the proceeds of sale into the Consolidated Fund. (8) The Permanent Secretary shall be discharged of all liabilities where he disposes of a fishing boat, equipment or article under subsection (5) (b). (9) For the purposes of this section, the Permanent Secretary shall, in determining whether a fishing boat, equipment or article is abandoned, have regard, inter alia, to— (a) whether the fishing boat was registered; (b) the state of the fishing boat, equipment or article; (c) the period of time the fishing boat, equipment or article has been left unattended.