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bruneilawsby aturio
In force2024 Revised Edition
Contents

Part · General

64. Regulations for Act other than Part 11

(1)

The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, make regulations which he considers necessary or expedient for giving effect to and carrying out the proper conservation, development and management of fisheries, fishing and fish processing and in respect of related industries and for the implementation of the provisions of this Act, including but not restricted to all or any of the following purposes —

(a)

to prescribe the number, nationality and composition of persons permitted to be employed or carried on fishing vessels;

(b)

to establish the conditions to be observed by local and foreign fishing vessels within Brunei Darussalam waters including conditions relating to the stowage of their fishing appliances when

Fisheries not in use, and to regulate the conduct of their fishing operations generally;

(c)

to provide for the licensing, regulation and management of any fishery;

(d)

to establish closed seasons for fishing in any designated area, fishing for specified species of fish or fishing using specified methods of fishing;

(e)

to prescribe limitations on the quantity, size and weight of fish caught and retained or traded;

(f)

to prescribe minimum mesh sizes of nets;

(g)

to designate prohibited areas for fishing in respect of all types of fish or certain species of fish or fishing using specific methods of fishing;

(h)

to regulate activities in marine reserves and marine parks;

(i)

to prescribe methods of fishing or fishing appliances;

(j)

to provide for the licensing of fishing appliances and marine culture systems;

(k)

to regulate or prohibit the erection, maintenance, working, repair and lighting of fishing stakes, fish aggregation devices and marine culture systems;

(l)

to regulate the landing of fish, to provide for the management and control of fishing ports and fish-landing areas, and to appoint such agencies as may be required to effect such management and control;

(m)

to prescribe standards for fish feeds;

(n)

to prohibit or control the importation and exportation of live fish, including freshwater fish and aquarium fish, and in particular to prohibit or control the importation, sale, cultivation or keeping of live fish or any particular species of live fish which is not indigenous to any part of Brunei Darussalam waters;

Fisheries 44

(o)

to promote and regulate aquaculture in Brunei Darussalam waters;

(p)

to prescribe the conditions and procedures of application for any licence, certificate or other document required under this Act, their form and the amount of deposits and security payable therefor;

(q)

to provide for and improve the collection of statistics and to require any person engaged in fishing, marketing, processing or aquaculture to supply such information as may be required;

(r)

to organise and regulate sportsfishing;

(s)

to provide for the powers of authorised officers and fisheries officers;

(t)

to prescribe penalties for offences;

(u)

to provide for matters relating to the control and seizure of local and foreign fishing vessels;

(v)

to provide for such other measures as are necessary or expedient to ensure that foreign fishing vessels are used for fishing within Brunei Darussalam waters or for fishing for sedentary species on the continental shelf only in accordance with the conditions of their licences;

(w)

to require applicants for licences to execute bonds, make deposits or give other forms of security for the fulfilment of any obligation under their licences;

(x)

to provide for compensation payable to the citizens of

Brunei Darussalam or the Government in the event of any loss or damage caused by foreign fishing vessels to local fishing vessels, their fishing appliances or catches;

(y)

to provide for the zoning, management development, control and protection of marine reserves and marine parks and for the purposes of Part 10;

(z)

to promote, regulate and carry out scientific research;

Fisheries

(za)

to prescribe areas of Brunei Darussalam waters in which fishing shall be reserved to local fishing vessels and fishermen;

(zb)

to prescribe areas in Brunei Darussalam waters through which foreign fishing vessels without a licence may pass to facilitate enforcement of the provisions of this Act and in such manner as not to deny or impair the right of innocent passage of such vessels;

(zc)

for the control of endangered species of fish or to give effect to the provisions of the Convention on International Trade in

Endangered Species of Wild Fauna and Flora (CITES);

(zd)

to control the movement of fish within Brunei Darussalam;

(ze)

to prescribe measures for the control of fish diseases;

(zf)

to provide for the management, development and control of lobster fishing areas and lobster;

(zg)

to regulate any place used for processing, packing or storage of fish, the inspection thereof and the equipment therein, and to control by licensing any such place used for that purposes;

(zh)

to control the methods of processing fish;

(zi)

to regulate the inspection and examination of processed fish and fish to be processed and the standards for the control of the quality of such fish;

(zj)

for the licensing, control and supervision and protection of any fishery and of the cultivation of fish or any particular species of fish;

(zk)

the prescription of fees;

(zl)

any other matter or thing required to be or which may be prescribed or regulated under this Act.

(2)

Provision may be made in any regulations made under subsection (1)(zg) that any place to which that paragraph refers shall not be subject to the provisions of any other written law relating to the licensing of premises.

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