Fisheries Act · 2024 Revised Edition · Part · Foreign Fishing Vessels
17. Fishing etc. using foreign fishing vessels
Official textFrom Attorney General's Chambers, unchanged
No foreign fishing vessel shall be used or attempt to be used for fishing or for conducting any research or survey in relation to any fishery, in
foreign fishing vessel
“foreign fishing vessel” means any fishing vessel other than a local fishing vessel;
Brunei Darussalam waters unless —
Brunei Darussalam waters
“Brunei Darussalam waters” means all waters, whether navigable or not within Brunei Darussalam and that part of the seas adjacent to Brunei Darussalam both within and outside territorial waters, within which citizens of Brunei Darussalam have by international law the exclusive right of fishing; and where such part is defined by the terms of any treaty between Brunei Darussalam and any other State, includes the part so defined;
it is authorised to do so under any international fishery agreement between the Government and —
the government of the country; or
any international organisation,
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to which such vessel is registered or to which it belongs; and
it is used for those purposes in accordance with a licence.
Where a foreign fishing vessel is used in contravention of —
subsection (1);
any condition of a licence; or
any directions, the owner, master and every member of the crew of the vessel are guilty of an offence and on conviction, the owner and master are each liable to a fine not exceeding $100,000, imprisonment for a term not exceeding 5 years or both and every member of the crew is liable to a fine not exceeding $2,500, imprisonment for a term not exceeding one year or both.
The reference in subsection (2) to “member of the crew” does not include an authorised officer who is on a foreign fishing vessel pursuant to any requirement of the licence.
authorised officer
“authorised officer” means any person referred to in section 4(1);
Terms defined in s 2
authorised officer
Defined · s 2“authorised officer” means any person referred to in section 4(1);
Brunei Darussalam waters
Defined · s 2“Brunei Darussalam waters” means all waters, whether navigable or not within Brunei Darussalam and that part of the seas adjacent to Brunei Darussalam both within and outside territorial waters, within which citizens of Brunei Darussalam have by international law the exclusive right of fishing; and where such part is defined by the terms of any treaty between Brunei Darussalam and any other State, includes the part so defined;
country
Defined · s 2“country” means the country or territory in which a foreign fishing vessel is registered or to which the vessel belongs;
directions
Defined · s 2“directions” means any directions issued by the Director under section 9(1);
fishery
Defined · s 2“fishery” means any one or more stocks of fish which can be treated as a unit for the purpose of their conservation, management and development and includes fishing for any such stocks, and aquaculture;
fishing
Defined · s 2“fishing” means — (a) the catching, taking or killing of fish by any method; (b) the attempted catching, taking or killing of fish; (c) engaging in any activity which can reasonably be expected to result in the catching, taking or killing of fish; or (d) any operation in support of or in preparation for, any activity described in paragraph (a), (b) or (c), but does not include sportsfishing;
foreign fishing vessel
Defined · s 2“foreign fishing vessel” means any fishing vessel other than a local fishing vessel;
international fishery agreement
Defined · s 2“international fishery agreement” means any bilaterial or multilateral treaty, which relates to fishing or fisheries, between the Government and the government of any other country or between the Government and any international organisation;
international organisation
Defined · s 2“international organisation” means the international organisation to which the foreign fishing vessel belongs;
master
Defined · s 2“master”, in relation to a vessel, includes every person (except a pilot as defined in section 2(1) of the Merchant Shipping Order, 2002 having command or charge of the vessel or lawfully acting as the master thereof;
owner
Defined · s 2“owner”, in relation to a vessel, means the person who owns the vessel and includes any charterer, sub-charterer, lessee or sub-lessee of the vessel;
vessel
Defined · s 2“vessel” means any boat, ship or other water-going craft and includes a hovercraft.
Part
Sportsfishing
Part
Lobsters
Part
Marine Reserves and Marine Parks
Part
Inland Fisheries
Part
Offences and Penalties
Part
Enforcement
Part
Jurisdiction and Evidence
Part