Any boat, seine, net, spear, torch, fishing tackle or other implement used in taking or catching fish or crustaceans in violation of any provision of this chapter or any regulation issued by the commissioner shall be forfeited and may be seized by the commissioner, or any authorized agent of the department, any conservation officer or any other officer authorized to make arrests, and, upon complaint alleging that any such implement was being used in violation of any such provision, the court may order such boat, seine, net, spear, torch, fishing tackle or other implement to be forfeited to the state and delivered to the commissioner to be sold or destroyed within his discretion. If sold, the proceeds of such sale shall be paid by him to the State Treasurer to be credited to the General Fund. The person using or in charge of any boat, seine, net, spear, torch, fishing tackle or other implement used in violation of any such provision may be considered the owner thereof for the purpose of any complaint brought to procure condemnation or forfeiture of any such implement, when the owner is unknown to the informer or prosecuting officer. An appeal may be taken by any party aggrieved, from any judgment upon any such complaint, within fifteen days, to a return day of the superior court in the judicial district in which judgment was rendered, which shall be not less than twelve or more than thirty days after the service thereof, provided the party appealing shall give sufficient bond, with surety for costs, to the adverse party; and the appellate court may proceed in the disposition of such cause in the same manner as in any in rem proceeding.

(1949 Rev., S. 4939; 1957, P.A. 223; 1959, P.A. 398, S. 22; 1971, P.A. 179, S. 19; 872, S. 304; P.A. 76-436, S. 601, 681; P.A. 82-472, S. 102, 183.)

History: 1959 act required that proceeds from sale of forfeited implements be credited to general fund rather than to fish fund; 1971 acts changed time for taking appeal from the next or “next but one” return date to a day between 12 and 30 days after service and required that appeal be made within 15 days after judgment, and replaced references to board of fisheries and game, its members and its director with references to commissioner and department of environmental protection and department agents; P.A. 76-436 replaced court of common pleas with superior court and added reference to judicial districts, effective July 1, 1978; P.A. 82-472 eliminated obsolete reference to the “county” in which judgment was rendered in the provision concerning appeals.

Section upheld and various points discussed. 90 C. 584. Cited. 37 C. 320; 79 C. 701; 318 U.S. 151.