Fisheries Act · s 55

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55.
Presumption other than as to maps etc.
(1) Subject to subsection (2), where —
(a) any fish; or
(b) any fishing appliance or other equipment for fishing, is found on board a foreign fishing vessel in Brunei Darussalam waters, the fish, fishing appliance or equipment shall be presumed, unless the contrary is proved —
(i) to have been caught in Brunei Darussalam waters; or
(ii) to have been used for fishing in Brunei Darussalam waters without a licence.
(2) A radio call from a foreign fishing vessel to any enforcement officer which is made before entering Brunei Darussalam waters —
(a) notifying that the vessel is exercising its right of innocent passage through Brunei Darussalam waters; and
(b) notifying its proposed route and the quantity of fish on board, and showing proof, where the vessel is stopped, boarded and searched under
Part 13, that —
(i) the fish on board are held in a sealed hold;
(ii) the fishing appliance or other equipment for fishing are properly stowed and secured on the vessel so that they are not easily available for fishing; and
(iii) the vessel is travelling through Brunei Darussalam waters from a point outside those waters to another point outside those waters by the shortest practicable route, shall constitute a defence in proceedings for an offence against this Act.

Fisheries

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s 55Presumption other than as to maps etc.

(1)

Subject to subsection (2), where —

(a)

any fish; or

(b)

any fishing appliance or other equipment for fishing, is found on board a foreign fishing vessel in Brunei Darussalam waters, the fish, fishing appliance or equipment shall be presumed, unless the contrary is proved —

(i)

to have been caught in Brunei Darussalam waters; or

(ii)

to have been used for fishing in Brunei Darussalam waters without a licence.

(2)

A radio call from a foreign fishing vessel to any enforcement officer which is made before entering Brunei Darussalam waters —

(a)

notifying that the vessel is exercising its right of innocent passage through Brunei Darussalam waters; and

(b)

notifying its proposed route and the quantity of fish on board, and showing proof, where the vessel is stopped, boarded and searched under

Part 13, that —

(i)

the fish on board are held in a sealed hold;

(ii)

the fishing appliance or other equipment for fishing are properly stowed and secured on the vessel so that they are not easily available for fishing; and

(iii)

the vessel is travelling through Brunei Darussalam waters from a point outside those waters to another point outside those waters by the shortest practicable route, shall constitute a defence in proceedings for an offence against this Act.

Fisheries