Fisheries Bill

“Director” means the Director of Primary Production appointed under the provisions of section 3 and includes the Assistant Director of Primary Production (Fisheries) appointed under the provisions of the said section;

“estuarine waters” means waters extending from the mouth of a river to the uppermost point upstream penetrated by sea water at the highest tide of the year and reference to estuarine fishing and to estuarine fisheries shall be construed accordingly;

“fish” includes any of the varieties of marine, brackish water or fresh water fishes, crustacea, aquatic mollusca, turtles, marine sponges, trepang and any other form of aquatic life and the young and eggs thereof;

“fish culturist” means any person culturing or cultivating fish for profit and includes fish pond operators and aquarists;

“fish dealer” includes any person engaged in buying (except for personal consumption), selling, exposing for sale, consigning or exhibiting fish, whether living, fresh or processed, in any manner, or any person engaged in processing fish;

“fish pond” means any enclosed area of water whether fresh or otherwise, which is used or intended for use in the cultivation, storage or capture of fish, and includes estuarine prawn ponds;

“fishery officer” means any officer appointed in writing by the Director under section 4 to be such an officer;

“fishing stakes” means any device used for the capture of fish which is made up of poles or other supports permanently fixed into the ground and enclosed by ramie, rattan, wire or other screening material, so designed as to lead fish into such enclosures, or any device using a net or other screening material that is anchored permanently or impermanently;

“fishing vessel” includes any ship or boat or any other description of vessel used for fishing or the transport of fish or fishing materials;

“inland waters” means any rivers, streams, lakes, ponds and other waters, whether private or otherwise, other than maritime and estuarine waters and reference to inland fishing and to inland fisheries shall be construed accordingly;

“maritime waters” means that part of the seas adjacent to Singapore, both within and outside territorial waters, whether or not citizens of Singapore have by international law the exclusive right of fishing therein; and where such part is defined by the terms of any convention, treaty or arrangement between Singapore and any other country includes the part so defined and references to maritime fishing and maritime fisheries shall be construed accordingly;

“master” includes every person, except a pilot, having command or charge of any vessel;

“processed fish” means fish that has been cured, cooked, frozen or preserved in any manner and includes any product derived or manufactured wholly or partly from fish, and reference to “processing fish” shall be construed accordingly.

Any person who, except under the authority of a licence issued under this Act uses any poisonous or explosive substance with intent to stupefy, poison or kill fish shall be guilty of an offence under this Act.

Any person who is found in possession of fish which has been captured with the aid of any explosive or poisonous substance and does not give a satisfactory account as to how he came to be in possession thereof, shall be guilty of an offence under this Act.

When any poisonous or explosive substance by which fish can be stupefied, poisoned or killed is found in the possession or control of any person in the neighbourhood of any waters shortly after the use of such substance in such waters, such person shall be presumed until the contrary is proved to have made use of such substance for the purposes aforesaid.

Any person in a fishing boat who is found to be in possession or control of any poisonous or explosive substance without a licence shall be guilty of an offence under this Act.

Any person who commits an offence under this Act shall on conviction be liable to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.

Any person who does or attempts to do or causes or permits to be done or abets an act contrary to, or fails to comply with the provisions of this Act or any rule made thereunder or in breach of the restriction or conditions subject to which any licence has been issued shall be guilty of an offence and shall, on conviction, if no special penalty is provided, be liable to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.

Where an offence is continued after conviction, there shall be payable by the offender for each day that the offence is continued, a fine not exceeding fifty dollars, and where such offence is continued for a period exceeding ten days after conviction the offender shall be liable to a term of imprisonment not exceeding six months.

A Magistrate may order the confiscation of any vessels, vehicles, stakes, nets, instruments or appliances used in the commission of any offence.

A Magistrate may order the removal and destruction of any offending fishing stakes or part thereof, and any costs incurred in effecting such removal and destruction shall be borne by the owner of such stakes.

The Minister may, by notification in the Gazette, appoint an officer to be styled the Director of Primary Production (hereinafter referred to as “the Director”) and an officer to be styled the Assistant Director of Primary Production (Fisheries), who, subject to such limitations as may be prescribed by the Director, may perform all duties imposed and exercise all powers conferred on the Director by this Act and every duty so performed and power exercised shall be deemed to have been duly performed and exercised for the purposes of this Act.

The Director may delegate the exercise of any or all of the powers conferred or duties imposed upon him by this Act to any public officer.

Every fishery officer when exercising any powers under this Act shall, if not in uniform, declare his office and shall, on demand, produce to any person affected by the exercise of such powers such card as the Director may direct to be carried by officers appointed under the provisions of this Act.

It shall not be an offence for any person to refuse to comply with any request, demand or order made or given by any officer appointed under this Act, or by any police officer not in uniform, who fails to declare his office and refuses to produce his identification card on demand being made by such person.

The Minister may make rules for the carrying out of the purposes of this Act.

In particular and without prejudice to the generality of the foregoing power such rules may be made —

(aa)to prescribe and regulate life-saving appliances to be carried by fishing vessels including life-buoys, life-jackets, fire fighting equipment, light, sound and visual signals, medicines, and the like;

(bb)to prescribe and regulate the minimum and maximum number and grade of persons to be carried on board any fishing vessel;

(ee)to prescribe the forms for any licence, registration or certificate or authorise the Director to prescribe such forms as he may think fit;

(ff)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;

(gg)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.

The Director may, subject to the provisions of this Act and of any rules made thereunder, issue to any person a licence, on such terms and conditions as he may specify exempting him from any prohibition or obligation imposed by the provisions of this Act or any rules made thereunder.

The Director may refuse to issue a licence under this section, or may vary or impose additional conditions or revoke any licence already issued.

Any person aggrieved by such refusal, variation, or revocation may appeal to the Minister whose decision shall be final and no action or proceeding whatsoever shall be maintainable in any court of law in respect of such refusal, variation or revocation.

Any licence issued under this Act or any rules made thereunder shall be valid only for the period, place or purpose specified therein.

Every licence issued under this Act or any rules made thereunder shall, unless the contrary is stated therein, expire on the thirty-first day of December of the year in which it is issued.

Licences issued under this Act or any rules made thereunder shall not be transferable.

Two or more persons carrying on business in partnership shall not be required to obtain more than one licence under this Act in respect of such partnership.

In the case of a licence issued under this Act in respect of a partnership, the names of all the partners, and, from time to time, the names of new partners, shall be disclosed to the Director and if approved by the Director, shall be entered in the licence, and a licence to two or more persons shall not expire on the death or retirement from business of any one or more of the partners.

Where for the purposes of this Act or any rules made thereunder any document is to be served on any person, that document may be served —

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, if the master cannot be found, be served on the managing owner of the vessel or, if there is no managing owner, on some agent of the owner residing in Singapore or, where no such agent is known, by affixing a copy thereof to the mast of the vessel.

The Director may with the approval of the Minister exempt from the provisions of this Act and of any rules made thereunder, either absolutely or conditionally, any person attached to a scientific institution who fishes only for the purposes of scientific research or any person who fishes for personal consumption.

The Director may with the approval of the Minister exempt any persons from payment of or reduce the fees for any licence issued or for any service performed under this Act or any rules made thereunder.