Fisheries Act · 2024 Revised Edition · Part · Enforcement
41. Powers of enforcement officers
Official textFrom Attorney General's Chambers, unchanged
For the purpose of ensuring compliance with the provisions of this
Act, any enforcement officer may, where he has reason to believe that an offence has been committed under this Act, without a warrant —
enforcement officer
“enforcement officer” means any person referred to in section 4(2);
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stop, board and search any vessel within
vessel
“vessel” means any boat, ship or other water-going craft and includes a hovercraft.
Brunei Darussalam waters and make any enquiry, examination and inspection concerning the crew, equipment or fishing appliances, or fish carried on board that vessel;
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;
stop, board and search, and inspect any vessel or vehicle transporting fish;
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;
require to be produced and examine any fishing appliance;
fishing appliance
“fishing appliance” includes a fishing net, fishing trap, fishing stakes and any gear, with or without floats, buoys or sinkers, designed for capturing fish and includes any such gear of hook-and-line type;
examine any fishing stakes or marine culture system;
fishing stakes
“fishing stakes” means any device used for fishing which is made up of poles or other supports fixed into the ground and enclosed by ramie, rattan, wire or other screening material and designed so as to lead fish in such enclosure;
require to be produced and inspect any licence, record, certificate or any other document required under this Act or under any generally accepted international rules and standards, and make copies of the same.
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;
enforcement officer
Defined · s 2“enforcement officer” means any person referred to in section 4(2);
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;
fishing appliance
Defined · s 2“fishing appliance” includes a fishing net, fishing trap, fishing stakes and any gear, with or without floats, buoys or sinkers, designed for capturing fish and includes any such gear of hook-and-line type;
fishing stakes
Defined · s 2“fishing stakes” means any device used for fishing which is made up of poles or other supports fixed into the ground and enclosed by ramie, rattan, wire or other screening material and designed so as to lead fish in such enclosure;
marine culture system
Defined · s 2“marine culture system” means any establishment, structure or facility employed in aquaculture and includes on-bottom culture, cage culture, hanging-net culture, pen culture, pond culture, pole or stick culture, raceway culture, raft culture, rope culture and hatchery;
vessel
Defined · s 2“vessel” means any boat, ship or other water-going craft and includes a hovercraft.
Part
Jurisdiction and Evidence
Part