Fisheries Act · 2024 Revised Edition · Part · Foreign Fishing Vessels
18. Innocent passage through Brunei Darussalam waters
Official textFrom Attorney General's Chambers, unchanged
Except as provided in this section, a foreign fishing vessel shall not enter or remain in Brunei Darussalam waters.
foreign fishing vessel
“foreign fishing vessel” means any fishing vessel other than a local fishing vessel;
A foreign fishing vessel may exercise the right of innocent passage in Brunei Darussalam waters in accordance with this section and international law.
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;
The master of a foreign fishing vessel which is entering
master
“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;
Brunei Darussalam waters for the purpose of exercising the right of innocent passage shall notify by radio any authorised officer or any commanding officer of any Government naval vessel of the name, the flag State, location, route and destination of the vessel, the types and amount of fish it is carrying and the circumstances under which it is entering Brunei Darussalam waters.
authorised officer
“authorised officer” means any person referred to in section 4(1);
Every foreign fishing vessel entering Brunei Darussalam waters for the purpose of exercising the right of innocent passage shall, without prejudice to any other written law and to any lawful requirement made thereunder, return to a position outside Brunei Darussalam waters as soon as the purpose for which it entered those waters has been fulfilled.
Fisheries
Nothing in this section shall prejudice the right to use any foreign fishing vessel in accordance with any licence issued in respect of the vessel.
vessel
“vessel” means any boat, ship or other water-going craft and includes a hovercraft.
Where a foreign fishing vessel is used in contravention of subsection (1) or (4), the owner, master and every member of the crew are each guilty of an offence.
owner
“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;
The master of a foreign fishing vessel who contravenes subsection (3) is guilty of an offence.
Section 17(3) applies, with such variations as may be necessary, to subsection (6).
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;
fish
Defined · s 2“fish” means any aquatic animal or plant life, whether sedentary or not, and includes all species of fin fish, crustacean, molluscs, aquatic mammals or their eggs or spawn, fry, fingerling, spat or young, but does not include any species of otters, turtles or their eggs;
foreign fishing vessel
Defined · s 2“foreign fishing vessel” means any fishing vessel other than a local fishing vessel;
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