Fisheries Act · 2024 Revised Edition · Part · Jurisdiction and Evidence
55. Presumption other than as to maps etc.
Official textFrom Attorney General's Chambers, unchanged
Subject to subsection (2), where —
any fish; or
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 —
to have been caught in Brunei Darussalam waters; or
to have been used for fishing in Brunei Darussalam waters without a licence.
A radio call from a foreign fishing vessel to any enforcement officer which is made before entering Brunei Darussalam waters —
foreign fishing vessel
“foreign fishing vessel” means any fishing vessel other than a local fishing vessel;
notifying that the vessel is exercising its right of innocent passage through Brunei Darussalam waters; and
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 —
the fish on board are held in a sealed hold;
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
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.
Fisheries
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;
foreign fishing vessel
Defined · s 2“foreign fishing vessel” means any fishing vessel other than a local fishing vessel;
vessel
Defined · s 2“vessel” means any boat, ship or other water-going craft and includes a hovercraft.
Part