Powers of officers
Open ↗23.—(1) Any authorised officer or police officer may without warrant —(a)
stop, search and detain any vessel or vehicle which he has reason to believe is being used for fishing or carrying fish or fishing materials contrary to the provisions of this Act and may seize that vessel or vehicle and any engine, fish, processed fish, fishing nets, instruments, fishing materials or other appliances found therein;
(b)
search and examine any fishing stakes, nets, instruments, fishing materials or other appliances used in catching fish and effect the removal and destruction of any unlicensed fishing stakes;
(c)
search, examine and investigate into the operation of any fish ponds;
(d)
arrest any person found committing or attempting to commit or abetting the commission of an offence under this Act; and
(e)
enter and search any place or premises in which he reasonably suspects that there is to be found any fish or fishing materials contrary to the provisions of this Act and may seize, remove or detain at the risk of the owner any engine, fish, processed fish, fishing nets, instruments, fishing materials or other appliances found in such place or premises.
(2) For the purpose of exercising his power under this Act, any authorised officer or police officer may, with such assistance as he thinks necessary, break open any door, window, lock, fastener, compartment, box, container or other thing.
Service of documents
Open ↗24.—(1) Where for the purposes of this Act any document is to be served on any person, that document may be served —(a)
by delivering a copy thereof personally to the person to be served;
(b)
if the document is to be served on the master of a vessel, by leaving it for him on board that vessel with the person who is or appears to be in command or charge of the vessel;
(c)
by fixing a copy of the document to any conspicuous part of his house or his business premises; or
(d)
by registered letter to his last place of residence.
(2) A document which is to be served on the master of a fishing vessel licensed under the provisions of the rules made under this Act may —(a)
if the master cannot be found, be served on the managing owner of the vessel;
(b)
if there is no managing owner, be served on some agent of the owner residing in Singapore; or
(c)
where no such agent is known, be served by affixing a copy thereof to the mast of the vessel.
Exemption
Open ↗25.—(1) The Director‑General may, with the approval of the Minister, exempt from the provisions of this Act, either absolutely or conditionally —(a)
any person attached to a scientific institution who fishes only for the purposes of scientific research; or
(b)
any person who fishes for personal consumption.
(2) The Director‑General may, with the approval of the Minister, exempt any person from payment of or reduce the fees for any licence issued or for any service performed under this Act.
Fees, etc., payable to Agency
Open ↗26. All fees, charges and moneys collected under this Act or any rules made thereunder (except composition sums) must be paid to the Agency.[11/2019]
Rules
Open ↗27.—(1) The Minister may make rules for the purpose of carrying out the provisions of this Act.
(2) Without prejudice to the generality of subsection (1), rules may be made —(a)
to regulate or prohibit the erection, maintenance, working, repair or lighting of fishing stakes in maritime and estuarine waters;
(b)
to regulate or prohibit any method of fishing or the use of any fish traps or fishing nets;
(c)
to provide for the licensing, control, supervision and protection of any fishery and of the cultivation of fish or any particular species of fish;
(d)
to set out requirements and procedures for document control and recording by any fishery or persons involved in the cultivation of fish so as to monitor the supply of fish in Singapore for human consumption, including —(i)
the information that must be collected about the fish or a particular species of fish;
(ii)
the periods for which the information must be kept; and
(iii)
how, when and to whom that information must be reported;
(e)
to prescribe the species or the minimum weights and sizes of fish which may be cultured, captured or taken for the purposes of sale, processing, consumption, consignment, rearing or sport;
(f)
to prescribe the mesh size and sizes of nets which may be used for the capture of any particular species of fish or for any method of fishing;
(g)
to prescribe and control the types, dimensions and specifications of vessels which may be used for the capture of any particular species of fish or for any method of fishing;
(h)
to prescribe the areas and the periods of time in the year within which any particular species or size of fish may be killed or captured or any particular method of fishing is prohibited or restricted;
(i)
to prohibit, except in accordance with the terms and conditions of a licence, the killing or capture of fish or any particular species or size of fish in any specified area;
(j)
to require the supply by any person concerned in the capture of fish or by any fish culturist or fish dealer of such information as may be necessary to determine the measures to be taken to improve the fishing industry and trade or for the compilation of fishery statistics;
(k)
to prescribe areas where fish may be landed;
(l)
to regulate and control the landing, collection, transportation, marketing and distribution of fish and to appoint any person, organisation or board as may be necessary to effect such regulation and control;
(m)
to prescribe and control areas which may be used as fishing ports or harbours or areas where fishing vessels may be allowed to moor;
(n)
to prescribe and control the route or routes to be used by fishing vessels within territorial waters;
(o)
to regulate and control by licensing the use of ponds, pools, lakes, swamps, foreshores and any inland waters for the cultivation of fish;
(p)
to regulate or prohibit any method of cultivation of fish;
(q)
to regulate and control the sale or exhibition of fish or any competition held in respect of fish, including the licensing of premises for such purposes;
(r)
to register fishermen, fish culturists, fish dealers or any person connected with fishing or the fishing industry;
(s)
to license fishing vessels, fishing stakes, fishing nets, gear and equipment, and the like;
(t)
to regulate or prohibit the import, export or transhipment of any species of fish if the Minister is of the opinion that such species of fish may pose a threat to the ecological balance or integrity of fisheries, or to public safety;
(u)
to regulate or prohibit the construction of any bunds, slides, dams or other barriers or obstruction in inland and estuarine waters;
(v)
to regulate or prohibit the deposit or discharge of any solid, liquid or gaseous substances whether beneficial or detrimental to fish;
(w)
to control the arrival and departure of fishing vessels including the issue of port clearances;
(x)
to inspect and survey fishing vessels with regard to seaworthiness and fitness for any particular method of fishing prior to licensing and to impose such conditions as may be necessary;
(y)
to prescribe and regulate lifesaving appliances to be carried by fishing vessels including lifebuoys, lifejackets, firefighting equipment, light, sound and visual signals, medicines, and the like;
(z)
to prescribe and regulate the minimum and maximum number and grade of persons to be carried on board any fishing vessel;
(za)
to prescribe the standards by which certificates of competency, including masters’ certificates, mates’ certificates, helmsmen’s certificates, engine-drivers’ certificates and other grades of certificates, may be awarded to persons who reach these standards or pass the required examinations;
(zb)
to prescribe fees for any licence to be issued or for any other service performed under this Act;
(zc)
to prescribe the forms for any licence, registration or certificate or authorise the Director‑General to prescribe such forms as he may think fit;
(zd)
to regulate the conditions of employment of fishermen on board fishing vessels, the discharge or repatriation of fishermen, apprenticeship, training, discipline and conduct on board ship, and the like; and
(ze)
to provide for the conduct of inquiries and investigations into casualties or accidents of fishing vessels including casualties or accidents due to incompetence, negligence, or insubordination and to regulate the liability of fishing boat owners in respect of such casualties or accidents including the loss of life or goods or injury or damage to life or goods.[11/2019]
