European Union (international Labour Organisation Work in Fishing Convention) (Safe Manning) Regulations 2024

• Jurisdiction: Ireland
• Year: 2024
• Citation: IR SI 52/2024

STATUTORY INSTRUMENTS

S.I. No.52of2024

European Union (international Labour Organisation Work in Fishing Convention) (Safe Manning) Regulations 2024

I, EAMON RYAN, Minister for Transport, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), and for the purpose of giving effect to Article 10 of the Annex to Council Directive (EU) 2017/159 of 19 December 2016 1, and to Article 3 of that Directive, hereby make the following regulations:

Citation

1. These Regulations may be cited as the European Union (International Labour Organisation Work in Fishing Convention) (Safe Manning) Regulations 2024.

Interpretation

2. (1) In these Regulations –

“Act of 2010” means the Merchant Shipping Act 2010 (No. 14 of 2010);

“authorised officer” means –

(a) a person duly appointed under Regulation 9(1), or

(b) a person appointed as a surveyor of ships under section 724 of the Merchant Shipping Act 1894;

“Directive” means Council Directive (EU) 2017/159 of 19 December 2016 1;

“fisher” means a person who works in any capacity under a contract of employment or in an employment relationship on board a fishing vessel, including any other person engaged in activities related to fishing who is present on the same vessel in order to protect the overall health and safety of the persons on board, but does not include:

(a) a person who is a pilot within the meaning of the Harbours Act 1996 (No. 11 of 1996), or

(b) a shore person carrying out work on board a fishing vessel at the quay side;

“fishing vessel” means any sea-going ship or boat of 15 metres in Loa and over registered in the State, of any nature whatsoever, irrespective of the form of ownership, used or intended to be used for the purpose of commercial fishing;

“length” in relation to a fishing vessel means the registered length shown on the vessel’s certificate of registry;

“Length overall (Loa)” means the length measured in a straight line from the fore part of the stem at top to the aftermost side of the transom or stern contour;

“limited area” means any location within the area bounded by a line from a point on the Norwegian coast in latitude 61° north due west to a point 61° north 14°30’ west, thence to a point 42° north 14°30’ west and thence due east to the Spanish Coast;

“master” (also known as the “skipper”) means a suitably qualified fisher who has been issued with a certificate of competency issued under the Regulations of 2023;

“Minister” means the Minister for Transport;

“MSO” means the Marine Survey Office of the Department of Transport;

“minimum safe manning document” means a document issued under Regulation 5 detailing the number and qualifications of personnel to be carried on board a fishing vessel to ensure it is sufficiently and safely manned;

“owner” means the owner of a fishing vessel or any other organisation or person, such as the manager, agent or charterer, who has assumed responsibility for the operation of the fishing vessel from the owner;

“Regulations of 2023” means the Fishing Vessel (Certification of Deck Officers and Engineer Officers) Regulations 2023 (S.I. No. 313 of 2023);

“unlimited area” means any location not within the limited area.

(2) A word or expression that is used in these Regulations and is also used in the Directive has, unless the contrary intention appears, the same meaning in these Regulations that it has in the Directive.

Competent authority

3. The MSO is designated as the competent authority in the State for the purposes of the Directive.

Application

4. These Regulations apply to fishing vessels of 15 metres in Loa and over. Consequently, Chapter 6 of the Act of 2010 no longer applies to fishing vessels 24 metres in length and over.

Safe manning

5. (1) An owner shall ensure that a fishing vessel for which he or she is the owner is under the control of a competent skipper.

(2) It shall be the duty of every owner and master to ensure that:

(a) there is a valid minimum safe manning document in respect of his or her fishing vessel;

(b) the fishing vessel does not proceed to sea without a minimum safe manning document on board; and

(c) the manning of the fishing vessel is maintained at all times to at least the level required by the minimum safe manning document.

(3) Before a fishing vessel proceeds to sea, the owner of the vessel shall apply to the MSO for a minimum safe manning document in respect of the fishing vessel.

(4) An application under paragraph (3) shall be in writing and in such form and contain such information as the MSO may require.

(5) An application under paragraph (3) shall contain proposals as to the numbers and qualifications of deck officers, engineer officers and any such other personnel the owner considers should be carried on board the fishing vessel to ensure the vessel is sufficiently and safely manned for its safe navigation and operation, and appropriate work and living conditions for personnel on board.

(6) The owner shall take account of any guidance on safe manning issued by the MSO in the preparation of an...