Section 2
Interpretation
In this Act, unless the context otherwise requires —
“aquaculture” means the propagation of fish seed or the raising of fish through husbandry during the whole or part of the life cycle;
“authorised officer” means any person referred to in section 4(1);
“Brunei Darussalam fishing limits” means the limits set by or under section 3 of the Brunei Fishery Limits Act (Chapter 130);
“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;
“country” means the country or territory in which a foreign fishing vessel is registered or to which the vessel belongs;
“directions” means any directions issued by the Director under section 9(1);
“Director” means the Director of Fisheries;
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“enforcement officer” means any person referred to in section 4(2);
“enforcement vessel” means a vessel used by any enforcement officer for the purpose of the exercise of his powers under Part 13;
“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;
“fish seed” means fish egg, larva or post-larva of fish or the spawn, fry or fingerling of fish;
“fisheries plan” means any of the plans related to any fisheries as prepared by the Director under section 5;
“fishery” means any one or more stocks of fish which can be treated as a unit for the purpose of their conservation, management and development and includes fishing for any such stocks, and aquaculture;
“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” 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” 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;
“fishing vessel” means any vessel which is used for, equipped to be used for, or of a type used for —
(a)
fishing; or
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(b)
aiding or assisting any vessel in the performance of any activity related to fishing, including any of the activities of preparation, processing, refrigeration, storage, supply or transportation of fish;
“foreign fishing vessel” means any fishing vessel other than a local fishing vessel;
“inland fisheries” means fisheries in riverine waters;
“international fishery agreement” means any bilaterial or multilateral treaty, which relates to fishing or fisheries, between the Government and the government of any other country or between the Government and any international organisation;
“international organisation” means the international organisation to which the foreign fishing vessel belongs;
“licence” means a licence issued under this Act;
“lobster fishing area” means any area established as a lobster fishing area under section 24(1);
“local fishing vessel” means any fishing vessel which is registered in
Brunei Darussalam and which is wholly owned by one or more of the following —
(a)
a citizen of Brunei Darussalam;
(b)
a statutory corporation established under the laws of
Brunei Darussalam;
(c)
the Government;
(d)
a body corporate or unincorporate established in
Brunei Darussalam and wholly owned by any of the persons described in paragraph (a), (b) or (c) or another body corporate or unincorporate wholly owned by any of the persons described in any of those paragraphs;
“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;
“marine park” means any area established as a marine park under section 26(1)(b);
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“marine reserve” means any area established as a marine reserve under section 26(1)(a);
“master”, in relation to a vessel, includes every person (except a pilot as defined in section 2(1) of the Merchant Shipping Order, 2002
(S 27/2002) having command or charge of the vessel or lawfully acting as the master thereof;
“Minister” means the Minister responsible for fisheries matters;
“owner”, in relation to a vessel, means the person who owns the vessel and includes any charterer, sub-charterer, lessee or sub-lessee of the vessel;
“pollutant” means any substance or material that causes pollution;
“processed fish” means fish that has been cured, cooked, frozen or preserved in any manner and includes any product derived or manufactured wholly or partly from fish;
“prohibited gears” includes a spear gun, a device for electric fishing, explosives used for fishing and any other gear prescribed by the
Minister;
“riverine waters” means the waters of any rivers, lakes, streams, ponds and such other waters within Brunei Darussalam, whether natural or man-made, privately owned or otherwise;
“sedentary species” means organisms which, at the harvest stage, either are immobile on or under the seabed or are unable to move except in constant physical contact with the seabed or the subsoil;
“sportsfishing” means fishing for sport or pleasure only;
“vessel” means any boat, ship or other water-going craft and includes a hovercraft.