Living Marine Resources Management Act 1995

Fish is any aquatic organism of any species, whether dead or alive, which, in the normal course of events, spends part or all of its life in the aquatic environment.

Fish includes – bony fishes of the class Osteichthyes; and sharks, rays, lampreys and other cartilaginous fishes of the classes Chondrichthyes and Agnatha; and aquatic reptiles; and sea squirts and other aquatic chordates; and sea-stars, sea-urchins, sea-cucumbers and other echinoderms; and lobsters, crabs, prawns and other aquatic arthropods; and bristle worms, fan worms, arrowworms and other aquatic annelids, chaetognaths, nematodes, nemerteans and platyhelminths; and squid, oysters, abalone and other aquatic molluscs and brachiopods; and seafans, sponges, corals, jelly-fish, salps and other bryozoans, poriferans, coelenterates and ctenophores; and protozoans and bacteria; and seagrass, seaweed and other aquatic vascular plants, algae, diatoms, euglenoids and any other marine plants.

A reference to fish includes – the eggs, spat, spawn, seeds, spores, larvae or other offspring of an aquatic organism; and a shell containing fish or any other part derived from an aquatic organism; and raw, cooked, dismembered, frozen, preserved, salted or otherwise processed fish; and any other saltwater product declared by the regulations to be a fish for the purpose of any provision of this Act.

Fish does not include – a whale as defined in the Whales Protection Act 1988; or any aquatic mammal or aquatic bird; or freshwater fish as defined in the Inland Fisheries Act 1995, other than – freshwater fish that – is of a kind or species declared not to be freshwater fish in an order made and in force under section 4(1)(b) of that Act; and is in, or has been taken from, State waters that are not excepted waters as defined in that Act; or freshwater fish that – is of a kind, or species, of fish that forms a fishery or part of a fishery to which an arrangement applies; and is in, has been taken from, or is to be placed or introduced into, State waters to which the arrangement referred to in subparagraph (ii)(A) relates.