Statute Details
- Title: Fisheries (Fishing Gear) Rules
- Act Code: FA1966-R6
- Type: Subsidiary legislation (sl)
- Current version status: Current version as at 27 Mar 2026 (per the provided extract)
- Authorising Act: Fisheries Act (Chapter 111, Section 7(2)(u))
- Key commencement information: Not specified in the provided extract
- Key provisions (from extract): Rules 5 (Fishing stakes), 11 (Other fees), 12 (Directives)
- Other notable provisions: Rule 3 (licensing requirement), Rule 4 (application/fees/inspection/marks/surrender), Rule 6 (deposit), Rule 7 (removal and enforcement via deposit), Rule 8 (carry and produce licence; vessel licence number; catch information), Rule 10 (discretion to refuse/restrict/revoke)
- Schedule: Fees (licensing fees by type of fishing gear)
- Legislative history (high level): Multiple amendments including S 95/2021 (effective 01/04/2019 per extract), S 225/2019, S 456/2006, and earlier revisions
What Is This Legislation About?
The Fisheries (Fishing Gear) Rules are Singapore’s regulatory rules governing the licensing and use of fishing gear. In plain terms, they create a controlled system under which fishing gear—such as nets, stakes, traps, and certain lines—may only be erected, operated, maintained, used, removed, or possessed if the person holds a valid licence issued under these Rules.
The Rules also address practical operational issues that arise in fisheries management: how applications are made, when inspection may be required, what fees apply, how marks may be placed on licensed gear, and what happens when a licence expires or is revoked. They further regulate specific gear types, including “fishing stakes”, by requiring site indication and a survey before licensing.
Finally, the Rules empower the Director-General to manage risk and compliance through discretion (including refusing licences, restricting numbers, and revoking licences without giving reasons), and through enforcement mechanisms (including deposits and the ability for fishery officers to remove or demolish gear, with costs deducted from the deposit). For practitioners, the Rules are best understood as a licensing and compliance framework that interacts with the broader Fisheries Act.
What Are the Key Provisions?
1. Licensing requirement for fishing gear (Rule 3)
Rule 3 is the core compliance obligation. It provides that no person shall erect, operate, maintain, use, remove, or have in his possession any kind of fishing gear except in accordance with the terms of a fishing gear licence issued under these Rules. This is a broad prohibition covering both active use and possession, and it extends to removal. Practically, this means that even if gear is not currently being used, possession without a licence can be unlawful.
2. Definition of “fishing gear” (Rule 2)
The Rules define “fishing gear” to include nets, stakes, traps and lines with more than 3 hooks. This definition matters for determining whether a particular item falls within the licensing regime. For example, a line with three or fewer hooks may fall outside the definition, while a line with more than three hooks is within scope. Lawyers advising clients should therefore focus on the technical characteristics of the gear when assessing regulatory exposure.
3. Application process, inspection, fees, marks, and surrender (Rule 4)
Rule 4 sets out the licensing workflow. An applicant must apply in the prescribed form. The Director-General may require the applicant to produce the fishing gear for inspection by a fishery officer. Licence fees for various types of fishing gear are set out in the Schedule. The licensee must inform the Director-General when he ceases to use or operate the licensed gear. The licensee must also place and keep thereon such mark (if any) as may be prescribed by the Director-General. Additionally, the licensee must surrender an expired licence before a new licence may be issued.
From a compliance perspective, Rule 4 creates multiple administrative duties beyond merely holding a licence: (i) timely communication when gear is no longer used, (ii) maintaining prescribed marks, and (iii) surrendering expired licences to enable renewal. Failure to comply can create grounds for enforcement and may affect the ability to obtain a new licence.
4. Fishing stakes: site indication, pole erection, survey, and licensing (Rule 5)
Rule 5 is a targeted procedure for “fishing stakes”. Any person desirous of erecting a fishing stake must first indicate to the Director-General the site of the proposed stake and erect a pole in the proposed centre of the seaward enclosure. A fishery officer then surveys the site, and the Director-General may issue a licence to such person.
This provision is significant because it regulates not only the possession and use of stakes but also the pre-licensing steps required before a stake can be erected. Practitioners should treat Rule 5 as a procedural condition: the stake cannot lawfully be erected without completing the site indication and pole erection steps, followed by the survey and licensing decision.
5. Deposit requirement and enforcement through deduction (Rule 6 and Rule 7)
Rule 6 allows the Director-General, before issuing a licence, to require the applicant to furnish a deposit. The amount is determined by the Director-General. This deposit functions as a financial security mechanism.
Rule 7 then provides the enforcement logic. When a licensee abandons the fishing gear, or when the licence expires or is revoked, or when the licensee ceases to use or operate the gear, the licensee must remove the gear forthwith (or within such time as a fishery officer may direct), including poles, anchors, floats, and ancillary apparatus. If the licensee fails to comply with a fishery officer’s direction or with the Rules, the fishery officer may remove or demolish the gear. Expenses incurred are deducted from the deposit made under Rule 6.
For counsel, this is a practical risk allocation clause: non-compliance can lead to (i) forced removal/demolition by authorities and (ii) direct financial recovery by the State through deposit deduction. Advising clients should therefore include clear exit planning—how and when gear will be removed upon licence expiry or operational cessation.
6. Licence carriage, vessel linkage, and reporting information (Rule 8)
Rule 8 requires the licensee to carry the licence at all times and produce it on demand by a fishery officer. Each licence must bear, in addition to its own number, the number of the licensee’s fishing vessel licence (if any). The licensee must also furnish information to the best of his ability on fish catches, method of fishing, fishing grounds, and any other information relating to fishing as required by a fishery officer.
This rule is important for enforcement and evidentiary compliance. It also creates an ongoing reporting obligation, which can be relevant in investigations, compliance audits, or disputes about whether a licensee’s activities were consistent with the licence and regulatory expectations.
7. Director-General’s discretion: refusal, restriction, and revocation without reasons (Rule 10)
Rule 10 provides broad discretionary powers. First, the Director-General may refuse to issue a licence or restrict the number of licences issued in any year for any type of fishing gear. Second, the Director-General may revoke any licence already issued without assigning any reason.
From a legal standpoint, this discretion is a central feature of the regulatory scheme. While the Rules do not specify grounds for refusal or revocation, the existence of discretion without reasons means that judicial review or administrative challenge (if available under Singapore administrative law principles) would likely focus on legality, procedural fairness where applicable, and rationality rather than on a requirement for stated grounds. Practitioners should therefore manage expectations: the Director-General is not obliged to provide reasons under Rule 10.
8. Fees beyond the Schedule and directives (Rules 11 and 12)
Rule 11 addresses fees not specified in the Schedule or not included in these Rules. For such licensing, there shall be charged a fee as the Director-General may determine. Rule 12 then requires all licensees to observe any directive which the Director-General may issue from time to time relating to licensed fishing gear.
These provisions expand the regulatory framework beyond the Schedule. Even if a gear type is not clearly captured by the Schedule, Rule 11 allows the Director-General to set fees. Likewise, Rule 12 allows operational requirements to evolve through directives. Practitioners should advise clients to monitor directives issued after licensing, as non-compliance with directives can create breach exposure even if the licence itself remains valid.
How Is This Legislation Structured?
The Rules are structured as a short set of numbered provisions followed by a Schedule dealing with Fees. The main body includes:
- Rule 1: Citation
- Rule 2: Definition of “fishing gear”
- Rule 3: Licensing requirement for all relevant dealings with fishing gear
- Rule 4: Application, inspection, licence fees (via Schedule), cessation notification, prescribed marks, and surrender of expired licences
- Rule 5: Special procedure for erecting fishing stakes
- Rule 6: Deposit power
- Rule 7: Removal obligations and enforcement via removal/demolition and deposit deduction
- Rule 8: Carry/produce licence and reporting information
- Rule 9: Correct description rule (Director-General’s description deemed correct in case of doubt)
- Rule 10: Director-General’s discretion to refuse/restrict/revoke
- Rule 11: Other fees where not in Schedule
- Rule 12: Directives to be observed by licensees
For practitioners, the Schedule is essential for fee calculations, while Rules 10 and 12 are essential for understanding ongoing regulatory control beyond the initial licensing decision.
Who Does This Legislation Apply To?
The Rules apply to persons who deal with fishing gear within Singapore’s fisheries regulatory framework—specifically those who erect, operate, maintain, use, remove, or possess fishing gear, and those who seek to erect fishing stakes. The obligations are directed at the licensee once a licence is issued, but the licensing requirement in Rule 3 applies to any person whose conduct falls within the prohibited activities unless licensed.
In practice, this includes individual fishers, operators, and potentially companies or partnerships acting through persons who possess or use fishing gear. Where a licence is issued, the licensee must carry and produce the licence, comply with directives, and provide information to fishery officers. The Rules also connect licences to the licensee’s fishing vessel licence number (where applicable), reinforcing that compliance is tied to the operational context of fishing activities.
Why Is This Legislation Important?
The Fisheries (Fishing Gear) Rules are important because they operationalise fisheries management through a licensing regime that is both administrative and enforcement-oriented. The broad prohibition in Rule 3 means that compliance is not optional: holding or using gear without a licence can create immediate regulatory exposure. For legal practitioners, this makes the Rules central to advising on licensing status, gear classification, and evidence of lawful possession.
The Rules also contain strong compliance levers. The deposit mechanism (Rule 6) and the forced removal/demolition power (Rule 7) provide a practical enforcement pathway that can result in costs being recovered from the deposit. This is particularly relevant for disputes about whether gear was properly removed on expiry or cessation, and for advising on operational wind-down procedures.
Finally, Rules 10 and 12 underscore that licensing is not merely a one-time permission. The Director-General can restrict or revoke licences without reasons, and licensees must comply with evolving directives. This means that legal advice should include not only the initial application and fee issues, but also ongoing compliance monitoring—especially around directives and reporting obligations.
Related Legislation
- Fisheries Act (Chapter 111), particularly the authorising provision: Section 7(2)(u)
Source Documents
This article provides an overview of the Fisheries (Fishing Gear) Rules for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.