Statute Details
- Title: Fisheries (Fishing Gear) Rules
- Act Code: FA1966-R6
- Legislation Type: Subsidiary legislation (sl)
- Current Version: Current version as at 27 Mar 2026
- Authorising Act: Fisheries Act (Chapter 111, Section 7(2)(u))
- Revised Edition / History: 1990 RevEd (25 Mar 1992); multiple amendments including S 272/1992, S 238/1993, S 351/1994, S 157/1997, S 153/1998, S 100/2000, S 456/2006, S 225/2019, S 95/2021
- Key Provisions (as provided): Rule 5 (Fishing stakes); Rule 11 (Other fees); Rule 12 (Directives)
- Core Regulatory Theme: Licensing, site control (for stakes), deposits, removal obligations, and compliance with Director-General directives
What Is This Legislation About?
The Fisheries (Fishing Gear) Rules (“Fishing Gear Rules”) is a regulatory framework under Singapore’s Fisheries Act that governs the use of fishing gear in Singapore waters. In plain terms, it requires fishers to obtain a licence before they can erect, operate, maintain, use, remove, or even possess certain fishing gear. The Rules also impose operational and compliance duties on licensees, including obligations to mark licensed gear, carry the licence on demand, and remove gear promptly when no longer in use.
The Rules are particularly concerned with controlling the physical footprint of fishing activities. For example, Rule 5 sets out a specific process for erecting “fishing stakes” (a type of fishing structure), including site indication to the Director-General, installation of a pole in a specified location, and a survey by a fishery officer before a licence may be issued. This reflects a policy goal of ensuring that fishing gear is deployed in an orderly and supervised manner, likely to manage navigational safety, environmental impacts, and enforcement feasibility.
More broadly, the Rules create a licensing regime that allows the Director-General to regulate supply (by restricting the number of licences), manage risk (through deposits and removal enforcement), and issue ongoing directives that licensees must follow. For practitioners, the Rules are best understood as a compliance-heavy instrument: many of its requirements are procedural, but non-compliance can lead to practical consequences such as removal/demolition of gear and forfeiture of deposits.
What Are the Key Provisions?
1. Licensing requirement for fishing gear (Rule 3). Rule 3 is the cornerstone. 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 the Rules. This is a broad prohibition covering both active use and possession. From a legal risk perspective, the Rule is not limited to “fishing activities”; it extends to holding gear that falls within the definition of “fishing gear” (Rule 2) without a licence.
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 is important for determining whether the licensing regime applies. Practitioners should note the threshold element for lines: only lines with more than 3 hooks are captured. Accordingly, factual classification of gear is often the first compliance question in enforcement and licensing disputes.
3. Application process, inspection, fees, marking, and surrender of expired licences (Rule 4). Rule 4 sets out the licensing mechanics. Applicants must apply in a prescribed form (Rule 4(1)). The Director-General may require the applicant to produce the fishing gear for inspection by a fishery officer (Rule 4(2)). Licence fees are set out in the Schedule (Rule 4(3)). The licensee must inform the Director-General when ceasing use or operation (Rule 4(4)), and must place and keep prescribed marks on the gear (Rule 4(5)). Finally, the licensee must surrender an expired licence before a new licence may be issued (Rule 4(6)).
4. Fishing stakes: site indication, pole placement, survey, and licensing (Rule 5). Rule 5 is a procedural gatekeeping provision 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 only thereafter may the Director-General issue a licence. This rule is significant because it creates a staged process: (i) site indication and physical pole placement by the applicant, (ii) survey by a fishery officer, and (iii) licensing decision by the Director-General. For practitioners, this is a compliance checklist item: failure at an early stage may prevent lawful licensing or may be used to challenge the legality of any subsequent stake erection.
5. Deposit requirement and enforcement via deduction (Rule 6 and Rule 7). Rule 6 allows the Director-General to require a deposit before issuing a licence, with the amount determined by the Director-General. Rule 7 then operationalises the deposit as an enforcement mechanism. When a licensee abandons 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 directs (Rule 7(1)). If the licensee fails to comply with a fishery officer’s direction or the Rules, the fishery officer may remove or demolish the gear, and the expenses incurred are deducted from the deposit (Rule 7(2)).
6. Carrying and producing the licence; vessel linkage; catch and method information (Rule 8). Rule 8 requires the licensee to carry the licence at all times and produce it on demand for inspection (Rule 8(1)). Each licence must bear, in addition to its own number, the number of the licensee’s fishing vessel licence (if any) (Rule 8(2)). The licensee must also furnish information to the best of his ability on catches, method of fishing, fishing grounds, and other information relating to fishing as required by a fishery officer (Rule 8(3)). This rule is important for evidential and administrative compliance: it creates ongoing reporting obligations and ensures that enforcement officers can verify the licence-holder and associated vessel.
7. Director-General’s discretion: refusal, restriction, and revocation without reasons (Rule 10). Rule 10 provides broad discretion. 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 (Rule 10(1)). The Director-General may also revoke any licence already issued without assigning any reason (Rule 10(2)). This is a high-impact provision. For practitioners advising clients, it means that licensing decisions may be non-transparent in the sense that revocation does not require reasons under the Rules. Legal strategy may therefore focus on procedural compliance, maintaining eligibility, and ensuring that the client’s conduct does not trigger grounds for refusal/restriction/revocation in practice.
8. Correct description deemed accurate (Rule 9). Rule 9 addresses disputes about gear description. If doubt arises as to the correct description of an item of fishing gear, the name or description given by the Director-General is deemed to be correct. This reduces interpretive uncertainty and shifts the evidential burden toward the Director-General’s classification. In disputes, practitioners should consider obtaining documentation of the Director-General’s description and ensuring that the gear matches the licensed description.
9. Fees beyond the Schedule and directives (Rules 11 and 12). Rule 11 provides that there shall be charged for licensing of fishing gear other than those specified in the Schedule or not included in these Rules, such fee as the Director-General may determine. Rule 12 then requires all licensees to observe any directive the Director-General may issue from time to time relating to licensed fishing gear. Together, these provisions show that the regulatory scheme is not static: fees and operational requirements can evolve through Director-General determinations and directives.
How Is This Legislation Structured?
The Fishing Gear Rules are structured as a set of numbered rules followed by a Schedule. The rules cover: (i) citation and definitions (Rules 1–2), (ii) licensing requirement and application mechanics (Rules 3–4), (iii) special procedures for fishing stakes (Rule 5), (iv) deposit and enforcement (Rules 6–7), (v) licence carriage and information duties (Rule 8), (vi) classification certainty (Rule 9), (vii) Director-General discretion (Rule 10), (viii) fees beyond the Schedule (Rule 11), and (ix) mandatory directives (Rule 12). The Schedule sets out the fees for various types of fishing gear.
For practitioners, the structure matters because it reflects the compliance lifecycle: definition → licensing → deployment (including stake site procedures) → ongoing compliance (marking, carrying licence, reporting) → cessation/removal → enforcement through deposits and officer powers → discretionary regulatory control and directives.
Who Does This Legislation Apply To?
The Rules apply to “any person” who erects, operates, maintains, uses, removes, or possesses fishing gear that falls within the Rules’ definition. This includes individual fishers and potentially corporate or organisational actors, insofar as they engage in the relevant acts or hold the relevant gear. Rule 3’s prohibition is broad and not limited to licensed operators only; it captures possession and removal activities as well.
In practice, the licensing regime is administered by the Director-General, with enforcement and inspection functions carried out by fishery officers. Therefore, the Rules also apply to licensees and those seeking licences, and they create compliance duties that are enforceable through inspection, directions, removal/demolition powers, and deposit deductions.
Why Is This Legislation Important?
The Fishing Gear Rules is important because it operationalises the Fisheries Act’s licensing approach into detailed, enforceable requirements. For legal practitioners, the Rules are a frequent focal point in disputes involving unlawful gear possession, failure to remove gear, or non-compliance with licensing conditions and directives. The Rules’ breadth—especially Rule 3—means that “possession” without a licence can be a regulatory breach even if the gear is not actively being used at the time of inspection.
From an enforcement and risk management perspective, the deposit and removal provisions (Rules 6–7) are particularly consequential. They create a financial lever for the authorities: if a licensee fails to remove gear as directed, officers may remove or demolish the gear and deduct the costs from the deposit. This can convert what might otherwise be a technical breach into a tangible economic loss.
Finally, the Director-General’s discretion (Rule 10) and the mandatory observance of directives (Rule 12) mean that compliance is not merely “one-off” at the time of licensing. Licensees must remain responsive to evolving administrative decisions and directives. Practitioners advising clients should therefore treat the Rules as an ongoing compliance regime, not a static licensing document.
Related Legislation
- Fisheries Act (Chapter 111), in particular 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.