Fisheries (Fishing Harbour) Rules

FISHERIES ACT (CHAPTER 111, SECTION 7) FISHERIES (FISHING HARBOUR) RULES R 4 REVISED EDITION 1996 (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; “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). 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, provisions at any place other than a fishing harbour; and (b) cargo other than fish, ice, fuel, stores or provisions at a fishing harbour. [Subst. by S 235 /93 wef 1.7.93.] 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 21.9.92.] 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; (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). (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 21.9.92.] (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. (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. (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. (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. 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 liable on conviction to a fine not exceeding $100. FIRST SCHEDULE Rules 2 and 3 PART I The limits of the Jurong Fishing Harbour shall be from a beacon with red and white diamond shaped topmark situated at the south-west corner of the Fisheries Wharf in position 10786.06 links N 70419.55 links W (Lat 1° 18’ 26.2”N, Long 103° 43’ 32.0”E), thence in a straight line to a position 10726.52 links N 70280.15 links W (Lat 1° 18’ 25.8”N, Long 103° 43’ 32.9” E), thence in a straight line to an approximate position 12045 links N 69723 links W (Lat 1° 18’ 34.4” N, Λoνγ 103° 43’ 36.5”E) such that this line is 100 feet away from and parallel to the Jurong Coastal Wharf, thence in a straight line to an approximate position 13837 links N 69176 links W (Lat 1° 18’ 46.2” N, Long 103° 43’ 40.1” E) on the southern edge of the bridge connecting Jalan Kimia, thence in a straight line to JTC Stone 171 /325 (NE corner of Lot A1962) in position 13853.90 links N 69333.69 links W (Lat 13° 18’ 46.3” N, Long 103° 43’ 39.0” E), thence in a straight line to JTC Stone 171 /418 in position 14116.83 links N 70651.62 links W (Lat 1° 18’ 48.0” N, Long 103° 43’ 30.5” E), thence in a straight line to JTC Stone 170 /742 in position 14143.10 links N 70783.27 links W (Lat 1° 18’ 48.2” N, Long 103° 43’ 29.6” E), thence in a straight line to JTC Stone 170 /769 (SE Corner of Lot A133) in position 13152.25 links N 71090.54 links W (Lat 1° 18’ 41.7” N, Long 103° 43’ 27.6” E), thence in a straight line to Stone EDB 1462 in position 13376.90 links N 72213.37 links W (Lat 1° 18’ 43.1” N, Λoνγ 103° 43’ 20.3” E), thence in a straight line to Stone EDB 1566 (SW Corner of Lot A133) in position 13100.54 links N 72217.68 links W (Lat 1° 18’ 41.3” N, Long 103° 43’ 20.3” E), thence in a straight line to JTC Stone 170 /224 (NW Corner of Lot 1301) in approximate position 13008 links N 72098 links W (Lat 1° 18’ 40.7” N, Long 103° 43’ 21.0” E), thence in a straight line to a spike in approximate position 12352 links N 71684 links W (Lat 1° 18’ 36.43” N, Long 103° 43’ 23.7” E), thence along the boundary of Jalan Tepong to a JTC mark in position 12114.38 links N 71582.15 links W (Lat 1° 18’ 34.9” N, Long 103° 43’ 24.4” E), thence in a straight line in approximate position 12134 links N 71502 links W (Lat 1° 18’ 35.0” N, Long 103° 43’ 24.9” E), thence in a straight line to the NE Corner of Lot PRA199 in approximate position 11896 links N 70946 links W (Lat 1° 18’ 33.4” N, Long 103° 43’ 28.5” E), thence in a straight line to an approximate position 11138 links N 71263 links W (Lat 1° 18’ 28.5” N, Long 103° 43’ 26.5” E), thence in straight line to origin at Beacon as described above and from a geographical position A in latitude 1° 18’ 44.99” N, longitude 103° 43’ 43.16” E in 107° true direction for a distance of 100 feet and thence in a 199° true direction for a distance of 940 feet and thence in a 287° true direction for a distance of 100 feet, and thence in an 019° true direction for a distance of 940 feet to the point of origin at A. PART II The limits of the Senoko Fishing Port shall be from a Point A in position 49,119 m N, 23,535 m E (Latitude 01° 27’ .63 N, Longitude 103° 47’ .68 E), thence in a straight line to a Point B in position 49,119 m N, 23,493 m E (Latitude 01° 27’ .63 N, Longitude 103° 47’ .66 E), thence in a straight line in a 322° true direction for a distance of approximately 85 metres from the shoreline to a Point C in position 49,355 m N, 23,335 m E (Latitude 01° 27’ .75 N, Longitude 103° 47’ .57 E), thence in a straight line in a 054° true direction for a distance of approximately 411 metres to a Point D in position 49,577 m N, 23,667 m E (Latitude 01° 27’ .87 N, Longitude 103° 47’ .75 E), thence in a straight line in a 140° true direction for a distance of approximately 85 metres ending at the shoreline to a Point E in position 49,493 m N, 23,744 m E (Latitude 01° 27’ .83 N, Longitude 103° 47’ .80 E), thence in a straight line to a Point F in position 49,413 m N, 23,630 m E (Latitude 01° 27’ .79 N, Longitude 103° 47’ .73 E), thence in a straight line to a Point G in position 49,287 m N, 23,498 m E (Latitude 01° 27’ .72 N, Longitude 103° 47’ .66 E), thence in a straight line to a Point H in position 49,240 m N, 23,545 m E (Latitude 01° 27’ .69 N, Longitude 103° 47’ .67 E), and thence in a straight line back to the point of origin at Point A. SECOND SCHEDULE 14(2) and (4) PART I Fee for temporary vehicle pass for the use of space at the wharf and fish market area: (a) motor car, van, station-wagon, motor cycle with side carriage or pick-up (not exceeding laden weight 3,000 kg) $2.70 per entry (b) lorry, bus or truck (exceeding laden weight 3,000 kg, with not more than 2 axles) $5.30 per entry (c) motor cycle $1.30 per entry (d) container tractor (with or without trailer), mobile crane or vehicle with more than 2 axles $32 per entry. PART II Fee for season vehicle pass for the use of space at the wharf and fish market area: (a) motor car, van, station-wagon, motor cycle with side carriage or pick-up (not exceeding laden weight 3,000 kg) $42 per month (b) lorry, bus or truck (exceeding laden weight 3,000 kg, with not more than 2 axles) $75 per month (c) motor cycle $21 per month. PART III Deleted by S 629/2009, wef 28/12/2009. Deleted by S 629/2009, wef 28/12/2009. Deleted by S 629/2009, wef 28/12/2009. 4. Fee for a permit required under rule 14(1)(i) for entry into a fishing harbour and for the renewal of such a permit $14 per annum. THIRD SCHEDULE Rule 11(3) 1. Fee for issuing of port clearance: (a) Singapore-registered fishing vessels $9 each (b) all other fishing vessels $14 each 2. For a certified true copy of a document $9.45. FOURTH SCHEDULE Rule 6A PART I Fee payable for a non-Singapore-registered fishing vessel to berth, moor or anchor alongside the wharf or jetty or any other vessels occupying a berth at the fishing harbours, based on the Overall Length (LOA) of the vessel — Overall Length (LOA) of vessel For each 24-hour period or part thereof for the first 72 hours For each 24-hour period or part thereof subsequently (a) less than 40 metres $60 $100 (b) 40 metres and above $140 $160. PART II Fee payable for a Singapore-registered fishing vessel to berth, moor or anchor alongside the wharf or jetty or any other vessels occupying a berth at the fishing harbours, based on the Overall Length (LOA) of the vessel — Overall Length (LOA) of vessel For each 24-hour period or part thereof for the first 72 hours For each 24-hour period or part thereof subsequently (a) less than 40 metres $32 $42 (b) 40 metres and above $75 $79. LEGISLATIVE HISTORY FISHERIES (FISHING HARBOUR) RULES (CHAPTER 111, R 4) This Legislative History is provided for the convenience of users of the Fisheries (Fishing Harbour) Rules. It is not part of these Rules. 1. G. N. No. S 166/1971—Fisheries (Fishing Harbour) Rules 1971 Date of commencement : Date not available 2. G. N. No. S 249/1983 Date of commencement : Date not available 3. G. N. No. S 274/1983 Date of commencement : Date not available 4. G. N. No. S 130/1987 Date of commencement : Date not available 5. G. N. No. S 189/1991 Date of commencement : Date not available 6. G. N. No. S 270/1991 Date of commencement : Date not available 7. G. N. No. S 373/1992 Date of commencement : Date not available 8. 1996 Revised Edition—Fisheries (Fishing Harbour) Rules Date of operation : 25 March 1992 9. G. N. No. S 235/1993 Date of commencement : Date not available 10. G. N. No. S 377/1996—Fisheries (Fishing Harbour) (Amendment) Rules 1996 Date of commencement : 1 September 1996 11. G. N. No. S 349/1997—Fisheries (Fishing Harbour) (Amendment No. 2) Rules 1997 Date of commencement : 1 September 1997 12. G. N. No. S 399/1997—Fisheries (Fishing Harbour) (Amendment No. 3) Rules 1997 Date of commencement : 1 October 1997 13. G. N. No. S 151/1998—Fisheries (Fishing Harbour) (Amendment) Rules 1998 Date of commencement : 1 April 1998 14. G. N. No. S 297/1998—Fisheries (Fishing Harbour) (Amendment No. 2) Rules 1998 Date of commencement : 1 June 1998 15. G. N. No. S 549/1999—Fisheries (Fishing Harbour) (Amendment) Rules 1999 Date of commencement : 10 December 1999 16. G. N. No. S 99/2000—Fisheries (Fishing Harbour) (Amendment) Rules 2000 Date of commencement : 3 March 2000 17. G. N. No. S 155/2004—Fisheries (Fishing Harbour) (Amendment) Rules 2004 Date of commencement : 1 April 2004 18. G. N. No. S 455/2006—Fisheries (Fishing Harbour) (Amendment) Rules 2006 Date of commencement : 1 August 2006