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In force2024 Revised Edition
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Part · Jurisdiction and Evidence

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.

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