sec.5Meaning of fish

### sec.5 Meaning of fish Fish means an animal (whether living or dead) of a species that throughout its life cycle usually lives— in water (whether freshwater or saltwater); or in or on foreshores; or in or on land under water. Fish includes— prawns, crayfish, rock lobsters, crabs and other crustaceans; and scallops, oysters, pearl oysters and other molluscs; and sponges, annelid worms and holothurians; and trochus and green snails. However, fish does not include— pests under the Medicines and Poisons Act 2019 ; or animals prescribed by regulation not to be fish. Fish also includes— the spat, spawn and eggs of fish; and any part of fish or of spat, spawn or eggs of fish; and treated fish, including treated spat, spawn and eggs of fish; and coral, coral limestone, shell grit or star sand; and freshwater or saltwater products declared under a regulation to be fish. A regulation under subsection (4) (e) may declare a product to be fish only— for a particular provision of this Act; or if the product is used for a particular purpose. Subsection (5) does not limit the Statutory Instruments Act 1992 , section 24 or 25 . s 5 amd 2003 No. 82 s 15 ; 2004 No. 53 s 2 sch ; 2006 No. 28 s 7 ; 2019 No. 6 s 3 sch 1 ; 2019 No. 28 s 28 ; 2019 No. 26 s 290 sch 2 ; 2024 No. 17 ss 136, 179 (sec.5-ssec.1) Fish means an animal (whether living or dead) of a species that throughout its life cycle usually lives— in water (whether freshwater or saltwater); or in or on foreshores; or in or on land under water. (sec.5-ssec.2) Fish includes— prawns, crayfish, rock lobsters, crabs and other crustaceans; and scallops, oysters, pearl oysters and other molluscs; and sponges, annelid worms and holothurians; and trochus and green snails. (sec.5-ssec.3) However, fish does not include— pests under the Medicines and Poisons Act 2019 ; or animals prescribed by regulation not to be fish. (sec.5-ssec.4) Fish also includes— the spat, spawn and eggs of fish; and any part of fish or of spat, spawn or eggs of fish; and treated fish, including treated spat, spawn and eggs of fish; and coral, coral limestone, shell grit or star sand; and freshwater or saltwater products declared under a regulation to be fish. (sec.5-ssec.5) A regulation under subsection (4) (e) may declare a product to be fish only— for a particular provision of this Act; or if the product is used for a particular purpose. (sec.5-ssec.6) Subsection (5) does not limit the Statutory Instruments Act 1992 , section 24 or 25 . - (a) in water (whether freshwater or saltwater); or - (b) in or on foreshores; or - (c) in or on land under water. - (a) prawns, crayfish, rock lobsters, crabs and other crustaceans; and - (b) scallops, oysters, pearl oysters and other molluscs; and - (c) sponges, annelid worms and holothurians; and - (d) trochus and green snails. - (a) pests under the Medicines and Poisons Act 2019 ; or - (b) animals prescribed by regulation not to be fish. - (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. - (a) for a particular provision of this Act; or - (b) if the product is used for a particular purpose.