Fisheries Act · 2024 Revised Edition · Part · Offences and Penalties
32. Aquatic mammals
Official textFrom Attorney General's Chambers, unchanged
No person shall fish for, disturb, harass, catch, sell or otherwise dispose of or take any aquatic mammal which is found in Brunei Darussalam waters.
fish
“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;
Where any aquatic mammal is caught or taken unavoidably during fishing, such aquatic mammal shall be released immediately or, if it is dead, the catching or taking thereof shall be reported to any officer authorised in writing in that behalf by the Director and the aquatic mammal shall be disposed of in accordance with such directions as the Director may determine.
fishing
“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;
Any person who contravenes this section is guilty of an offence.
Terms defined in s 2
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;
directions
Defined · s 2“directions” means any directions issued by the Director under section 9(1);
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;
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;
Part
Enforcement
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Jurisdiction and Evidence
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