Fisheries (Fishing Harbour) Rules - Singapore Statutes Online

Fisheries Act

(Chapter 111, Section 7)

Fisheries (Fishing Harbour) Rules

R 4

G.N. No. S 166/1971

REVISED EDITION 1990

(25th March 1992)

[18th June 1971]

Citation

1. These Rules may be cited as the Fisheries (Fishing Harbour) Rules.

Definitions

2. In these Rules, unless the context otherwise requires —

“fishing harbour” means any of the places set out in the First Schedule and includes any wharf, pier, dock, jetty, landing place and their adjoining areas on which may be erected fish markets, fish processing plants, repair yards and fuel and ice supply installations;

“proceed to sea” means beyond Port Limits as gazetted from time to time under the provisions of the Port of Singapore Authority Act [Cap. 236];

“vessel” includes any ship or boat or any other description of vessel used in navigation.

Location of fishing harbours

3. The places set out in the First Schedule shall be fishing harbours for the purposes of these Rules.

Saving

4. These Rules shall not affect in any manner the liability of any person or vessel to comply with any regulations made pursuant to the Maritime and Port Authority of Singapore Act (Cap. 170A).

[S 349/97 wef 01/09/1997]

Fishing vessels loading and unloading cargo

5. No fishing vessel shall, except with the permission of the Director, load or unload —

(a)	fish, ice, fuel, stores or provisions at any place other than a fishing harbour; and
(b)	cargo other than fish, ice, fuel, stores or provisions at a fishing harbour. [S 235/93 wef 01/07/1993]

Other vessels prohibited

6. Except with the permission of the Director, no vessel other than a fishing vessel, or a vessel belonging to the Port of Singapore Authority, the Government or a statutory board shall use any fishing harbour.

Fees

6A.—(1) No vessel shall, except upon the payment of the appropriate fee as set out in the Fourth Schedule, use any of the fishing harbours set out in Parts I and II of the First Schedule.

[S 151/98 wef 01/04/1998]

(2) The director may, in his discretion, waive wholly or partly the payment of any fee.

(3) The Director may refuse to permit a fishing vessel to use a fishing harbour without assigning any reason.

[S 373/92 wef 21/09/1992]

Duties of master

7. The master of every vessel within any fishing harbour shall —

(a)	ensure that his vessel is adequately moored and that the moorings are tended as may be required by the rise and fall of the tide or the passing of other vessels; and
(b)	have at all times on board a sufficient number of men to take appropriate action in the case of an emergency.

Directions of fishery officer

8.—(1) A fishery officer may direct where any vessel shall be berthed, moored or anchored within a fishing harbour and may impose such conditions as he may think fit, and may direct the removal of any vessel from such berth or anchorage to another berth or anchorage, and the time within which the removal shall be effected.

(2) In case of refusal or neglect to comply with paragraph (1) a fishery officer may do or cause to be done all such acts as are reasonable or necessary for the purpose of carrying out such direction.

Report of accidents

9. If any vessel is involved in an accident within a fishing harbour, the master of the vessel shall, within 24 hours, submit a full report to the Director.

Duties of master on arrival

10. The master of any fishing vessel on arrival in Singapore shall, within 24 hours —

(a)

supply to the Director a report in such form as he may prescribe containing the following particulars:

(i)	the date and time of arrival of the vessel;
(ii)	a list of crew members;
(iii)	a list of passengers, if any;
(iv)	a list of animals on board, if any; and
(v)	such other particulars as the Director may require; and

(b)

deposit or cause to be deposited at the fishing harbour office —

(i)	the document giving his vessel port clearance from his last port;
(ii)	a copy of any document listing the cargo to be deposited, discharged or transhipped in the port or place; and
(iii)	the log book of the vessel.

Port clearance

11.—(1) No fishing vessel shall proceed to sea without a port clearance issued by the Director.

(2) Such port clearance shall be in such form as the Director may prescribe.

(3) The fee for the issue of a port clearance or a copy thereof shall be as set out in the Third Schedule.

Delayed sailing

12. If the master of any fishing vessel obtains a port clearance and does not sail within 48 hours thereafter, he shall report to the Director his reason or reasons for not sailing, and if so required, obtain a fresh port clearance.

Application for port clearance

13.—(1) An application for port clearance shall be in such form as the Director may prescribe.

(2) No port clearance shall be granted to any fishing vessel whose owner, agent or master has not complied with the Registration of Imports and Exports Act [Cap. 270] or any other written law relating to the import or export of goods from any port or place in Singapore.

(3) Where under these Rules or any other written law in force in Singapore, a fishing vessel may be detained and if so detained, the Director shall not issue a port clearance to that fishing vessel.

Prohibitions

14.—(1) No person shall —

(a)	loiter, swim or fish within a fishing harbour;
(b)	construct or repair any fishing net or gear on the wharf or any other place in a fishing harbour without the permission of the Director;
(c)	supply fuel, ice, provisions or services or conduct any business in a fishing harbour without the written permission of the Director;
(d)	loosen or remove from its moorings within a fishing harbour any vessel without the leave or authority of the owner or the master of the vessel or the Director;
(e)	obstruct the lawful use of any mooring, pier or the wharf in or the approach to a fishing harbour;
(f)	enter on to the wharf or fish market area of a fishing harbour in a vehicle without a vehicle pass issued by the Director in respect of that vehicle;
(g)	[Deleted by S 629/2009 wef 28/12/2009]
(h)	[Deleted by S 629/2009 wef 28/12/2009]
(i)	enter any fishing harbour for the purpose of loading, unloading, keeping, collecting, selling or purchasing or offering to sell or purchase fish except under and in accordance with the conditions of a permit issued under paragraph (4). [S 549/99 wef 10/12/1999]

(2) (a) The vehicle pass referred to in paragraph (1)(f) shall be issued subject to such conditions as the Director may impose and shall be issued on payment of the fee set out in the Second Schedule.
(b)	The Director may refuse to issue a vehicle pass without assigning any reason therefor. [S 373/92 wef 21/09/1992]
(c)	The Director may, either generally or specifically and subject to such condition and for such period as he thinks fit, exempt any vehicle or class or description of vehicles from paragraph (1)(f) or from the payment of any of the fees set out in Part I or II of the Second Schedule. [S 399/97 wef 01/10/1997]

(3) A fishery officer may remove or cause to be removed anything which obstructs or impedes the lawful use of any mooring, pier, wharf, landing place or the approaches to the fishing harbour or any unauthorised vehicle from the wharf and the fish market area within a fishing harbour.

(4) An application for the permit required under paragraph (1)(i) shall —

(a)	be made to the Director in such form as the Director may require; and
(b)	be accompanied by the appropriate fee as specified in the Second Schedule. [S 549/99 wef 10/12/1999]

(5) Upon receipt of an application under paragraph (4), the Director may issue the permit applied for to the applicant, subject to such conditions as he thinks fit, including conditions which —

(a)	limit the number of persons who may be brought into a fishing harbour by the person to whom the permit is issued to assist him in carrying out any work in respect of which the permit has been issued; and
(b)	require that any such person who is brought into a fishing harbour by the person to whom the permit has been issued should, at all times when he is in the fishing harbour, wear a badge to be issued by the Director. [S 549/99 wef 10/12/1999]

(6) Where a person to whom a permit has been issued under paragraph (5) contravenes or fails to comply with any condition thereof, the Director may, if he thinks fit, revoke the permit.

[S 549/99 wef 10/12/1999]

Directives of Director

15. All persons using a fishing harbour shall observe all directives that the Director may issue from time to time.

Fishery officer may board vessels

16. A fishery officer may board any vessel within any fishing harbour.

Co-operation for inspection

17. The master of any vessel, and any other person having charge of any person or thing liable to inspection or examination under these Rules, shall give a fishery officer every reasonable facility for the purpose of inspection or examination.

Inspection of documents

18.—(1) A fishery officer may when he boards any fishing vessel —

(a)	require the licensee, the owner, the master or any of the crew of any vessel to produce any log-book or other documents relating to the crew or any member thereof in their respective possession or control;
(b)	require any master to produce a list of all persons on board his vessel, and take copies of the log-book or documents or of any part thereof;
(c)	muster the crew of any vessel; and
(d)	summon the master of any vessel to appear and give any explanation concerning the vessel or the crew or the log-book or documents produced or required to be produced.

(2) Any person who, on being duly required by a fishery officer, fails without reasonable cause to produce to him any such log-book or document as he is required to produce under this rule, and who refuses to allow the log-book or document to be inspected or copied or impedes any master of the crew required under this rule, or refuses or neglects to give any explanation which he is required under this rule to give, or knowingly misleads or deceives a fishery officer, shall be guilty of an offence under these Rules.

Penalty

19. Any person who contravenes rule 14 or 15 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100.

[G.N. Nos. S 166/71; S 249/83; S 274/83; S 130/87; S 189/91,S 270/91]

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