FISHERIES ACT 1994 - SECT 5 Meaning of fish

FISHERIES ACT 1994 - SECT 5

5 Meaning of fish

(1)
"Fish" means an animal (whether living or dead) of a species that throughout its life cycle usually lives—

(a) in water (whether freshwater or saltwater); or

(b) in or on foreshores; or

(c) in or on land under water.

(2)
"Fish" includes—

(a) prawns, crayfish, rock lobsters, crabs and other crustaceans; and

(b) scallops, oysters, pearl oysters and other molluscs; and

(c) sponges, annelid worms, bêche-de-mer and other holothurians; and

(d) trochus and green snails.

(3) However,
"fish" does not include—

(a) crocodiles; or

(b) protected animals under the Nature Conservation Act 1992 for which a wildlife authority or a protected area authority under that Act is required to take, keep, use, move or deal with the animal; or

(c) pests under the Medicines and Poisons Act 2019 ; or

(d) animals prescribed by regulation not to be fish.

(4)
"Fish" also includes—

(a) the spat, spawn and eggs of fish; and

(b) any part of fish or of spat, spawn or eggs of fish; and

(c) treated fish, including treated spat, spawn and eggs of fish; and

(d) coral, coral limestone, shell grit or star sand; and

(e) freshwater or saltwater products declared under a regulation to be fish.

(5) A regulation under subsection (4) (e) may declare a product to be fish only—

(a) for a particular provision of this Act; or

(b) if the product is used for a particular purpose.

(6) Subsection (5) does not limit the Statutory Instruments Act 1992 , section 24 or 25 .