This document provides draft provisions for harmonizing fishing vessel registration, construction, and safety regulations across countries. It includes proposed amendments to national fisheries acts and draft regulations. The amendments and regulations establish requirements for registering local fishing vessels, setting vessel names, issuing certificates of registration and inspection, maintaining a vessel register, and suspending or cancelling registration for non-compliance. They also require vessels to meet construction and safety standards before being registered and given a license to fish.

1. Annex VI
HARMONISED PROVISIONS FOR FISHING VESSEL
REGISTRATION AND SAFETY
Annex VI to the Final Report
TCP/RLA/0069
Development of Standards
for the
Construction and Survey
of
Small Fishing Vessels
Food and Agriculture Organization
of the
United Nations

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Contents
Annex VI................................................................................................................................................................. i
Information Note on Scheme for drafting harmonised provisions...................................................................... 1
Fisheries (Amendment) Act, No. ** of 2002........................................................................................................ 1
An Act to amend the Fisheries Act, ____, No. ___........................................................................................ 1
“Section A” .......................................................................................................................................................... 1
“Section B ............................................................................................................................................................ 1
REGISTRATION .............................................................................................................................................. 1
Section B ................................................................................................................................................................ 6
CONSTRUCTION OF FISHING VESSELS................................................................................................. 6
Section C ................................................................................................................................................................ 8
INSPECTIONS AND CERTIFICATION ........................................................................................................ 8
Inspections, suspension and cancellation of certificates of inspection 19Q (1) Any
authorized officer designated by the Minister for the purposes of inspections under this section,
may carry out regular inspections, or at any time without notice or warrant, stop and board for the
purpose of satisfying himself that - ........................................................................................................... 8
Amendment of Part V.............................................................................................................................. 9
Amendment of Section 41........................................................................................................................ 9
Regulations .......................................................................................................................................................... 10
Draft Harmonised Regulations on Safety of Fishing Vessels....................................................................... 10
Fisheries (Safety of Fishing Vessels) Regulations ....................................................................................... 10
PART I ......................................................................................................................................................... 10
PRELIMINARY ...................................................................................................................................... 10
PART II........................................................................................................................................................ 13
REGISTRATION......................................................................................................................................... 13
PART III ..................................................................................................................................................... 16
CONSTRUCTION AND IMPORTATION ............................................................................................. 16
16. Equivalence and other exemptions ................................................................................................. 16
PART III ..................................................................................................................................................... 19
INSPECTIONS AND CERTIFICATION ........................................................................................... 19
PART IV ..................................................................................................................................................... 20
GENERAL.............................................................................................................................................. 20
List of Schedules .............................................................................................................................................. 21
06/05/02 07:32

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INFORMATION NOTE ON SCHEME FOR DRAFTING HARMONISED PROVISIONS
The following scheme is proposed for drafting at the national level of harmonized legislative
provisions for setting requirements for construction of fishing vessels, registration and inspection:
 Identify provisions in the principal legislation (Merchant Shipping Act and Fisheries Act) and
Regulation that need amendment and for that purpose propose necessary amendment text.
 Set out the main requirements for registration and inspection and in particular standards for
the construction of vessels and restate that no vessel shall be put to sea or be qualified for a
licence to be issued in respect of such vessel unless the vessel is constructed in the required
manner and is registered and complies with the requirements of safety as set out in the
regulations;
 state that the standards are not in derogation of standards required to be met under other
applicable laws and conventions;
 set the scope of the application of the Regulations in particular in respect to types/categories
of vessels;
 set out basic definitions;
 set out standards that apply generally and standards that are specific -
o to a class or type of vessel to be constructed or in use; and
o to the subject or activity (i.e. construction, survey, registration, safety equipment etc)
 alternatively, most standards be set out in schedules under the regulations as rules or by
reference to standing “guidelines, conventions, codes, standards” etc.;
 create offences and penalties for breach of standards (but that ultimate incentive for meeting
standards would be the threat of non-registration and inspection and therefore no licence to
fish).
 provide for exemption from application of prescribed standards/requirements relating to safety
construction, safety equipment and qualifications for boat builders and fishers until a specified
date.
The following should be noted about the draft provisions set out in this Annex:
o The draft provisions assume that the responsibility for undertaking these functions will fall
under the purview of fisheries administrations. Thus existing Fisheries Acts attract the most
of the suggested amendments while subsidiary legislation (Regulations) are proposed under
Fisheries Acts. Amendments will not to be made to Shipping or Merchant Shipping Acts to
enable registration to be carried out under the Fisheries Act.
o “Minister” is referred to as the principle authority which regulates fishing vessel registration,
construction and safety. This term could however be substituted with another person such as
the Chief Fisheries Officer if he is the principal person through which regulation of the same
matters can be done.
o The main principles of regulation relating to registration and construction applies to all vessels
as a basic rule due to need to give effect to the flag state responsibilities and to recognise the
division between foreign fishing vessels, locally based foreign fishing vessels and local fishing

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vessels that are created under current principal fisheries legislation based on the OECS
harmonized fisheries legislation. For example, the suggested harmonized amendment
provisions to the Fisheries Act do not draw distinctions between local fishing vessels, which
are over 24 or less than 24 meters Loa. However, the opportunity to make exemption is
provisioned for under the amendment provisions. Regulations can also apply to a specific class
of vessels and can therefore get around the general application of the main amendment
provisions to the Fisheries Act.
o In the suggested draft provisions, main subheadings e.g. “Registration” are used to identify a
group of provisions that apply to a main subject. In actual drafting these subheadings could be
omitted or ignored so that only the titles of the individual provisions section numbers are
included. Another option would be to keep this grouping approach and create subdivisions of
the amending provisions so that there will be three main groups of provisions that would fall
under “Registration”, “Construction” and “Inspection”.
o Section 2 of the principal act which is supposed to be amended (Amendment of Section 2) is
the Interpretation section of the original Fisheries Act (i.e. the Principal Act). There are no
suggested words or phrases to be defined in the draft amendment act. However, each OECS
State and Barbados could decide to include words or phrases that are accorded specific
definitions in this section.

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Fisheries (Amendment) Act, No. ** of 2002
An Act to amend the Fisheries Act, ____, No. ___.
BE IT ENACTED by the [the House of Assembly], and by the authority of the same, as follows:
Short Title
1. This Act may be cited as the Fisheries (Amendment) Act, 2002.
Interpretation
2. In this Act –
“principal Act” means the Fisheries Act ____, No. __
Amendment of Section 2
3. Section 2 of the principal Act is amended –
Amendment of Part II
4. (1) Part II of the principal Act is amended by inserting directly under “Part II” and directly
above or before the title “Fisheries Management and Development” the following:
“Section A”
(2) Part II of the Principal Act is further amended by inserting the following after section 19
the following:
“Section B
REGISTRATION
No fishing without registration
19A (1) No local fishing vessel shall be used for fishing or related activities unless such
vessel is registered under this Act.

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Application for registration
19B (1) Application for the registration of a local fishing vessel under this Act shall be made
in the prescribed form by or on behalf of the owner of the vessel to the Minister in the
prescribed manner and shall include –
(a) a prescribed non refundable fee; and
(b) such information as may be prescribed or as may be specified by the Minister.
Names of local fishing vessels
19C (1) Every fishing vessel shall have an approved name in the form and manner as may
be prescribed.
(2) The Minister may, on application and on payment of the prescribed fee, approve the
name or a change in the name of a local fishing vessel before it is first registered under this
Act or approve a change in the name of a local fishing vessel which is registered under this
Act.
(3) The Minister shall refuse to approve any name if –
(a) it is the same as the name of a ship considered to be or is a [Country] ship under the
[Shipping Act] or local fishing vessel registered under this Act;
(b) it is likely, in the opinion of the Minister, to deceive or be confused with the name of a
ship considered to be or is a [Country] ship under the [Shipping Act] or a local fishing
vessel registered under this Act or with a distress signal;
(c) it is likely, in the opinion of the Minister, to objectionable for reasons of decency or
otherwise be offensive to members of the public;
(d) its use is prohibited under any other law of [Country]; or
(e) it is an inappropriate name for other reason as may be prescribed; and
shall notify the applicant in writing that the name is not approved.
(4) The Minister may order that a local fishing vessel be renamed if the Minister
considers that its name would prejudice the international reputation of [Country].
Registration of local fishing vessel
19D (1) On receipt of an application under Section 19B and payment of the prescribed fee,
the Minister shall cause the vessel to be surveyed or inspected and, if satisfied that the
vessel meets the ownership requirements and such other requirements as may be
prescribed and is seaworthy and fit for the purpose of fishing, shall
(a) issue a certificate of survey or inspection under this section in respect of the vessel;
and
(b)register the vessel as a local fishing vessel under this Act, and issue a certificate of

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registration to that effect.
(2) A certificate of survey or inspection and certificate of registry issued under this
Section shall be in the forms and shall contain such information as may be prescribed.
(3) On the registration of a local fishing vessel under this section, the Minister shall
allocate to that vessel a sequence of letters or numerals (hereinafter called the “registration
number”) which the Minister shall cause to be entered in the register of local fishing vessels.
(4) The same registration number of a registered local fishing vessel shall not be
allocated to any other local fishing vessel.
(5) Every registered local fishing vessel shall display the registration number allocated to
that fishing vessel under this section or shall be marked with such other identification
markings and in such manner as may be prescribed.
(6) A local fishing vessel that is registered under this Act has the right to fly the [Country]
flag and assumes such rights and responsibilities as may be assumed by [Country] ships
under international law and international agreements applicable to [Country].
(7) The owner of the local fishing vessel registered under this Act shall pay a prescribed
annual fee in order for the local fishing vessel to be maintained on the register.
(8) Where a local fishing vessel is used in contravention of subsection (1), the master
and owner of that vessel is each guilty of an offence and shall each be liable upon conviction
to a fine not exceeding X dollars.
(9) Where a local fishing vessel –
(a) displays a registration number not allocated to that vessel under subsection (3); or
(b) does not display the registration number or such other marking as may be
prescribed and allocated to that vessel in contravention of subsection (5);
the master, owner and charterer of that vessel is each guilty of an offence and shall each be
liable upon conviction to a fine not exceeding X dollars.
Documentation to sail for purposes of registration in [Country] and trials
19E (1) The owner of a vessel that is to be brought into [Country] from another country
shall obtain necessary documentation in respect of such vessel which shall be issued in
accordance with international maritime practice and recognised under international law
relating to shipping matters and that shall enable such vessel to sail into [Country] for the
purposes of registration under this Act.
(2) The Minister may on application, by or on behalf of the owner of a local fishing
vessel issue documentation in the form and manner as may be prescribed in respect of such
vessel if the Minister is satisfied that the vessel needs to undergo sea trials before it is
registered under this Act.

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(3) An application for any documentation required under subsection (2) shall be
made in the form and manner as may be prescribed and may include such information or
documents as may be required by the Minister.
Custody and loss of certificates
19F (1) Subject to subsection (2), no person shall operate a local fishing vessel in respect
of which a certificate of registration or documentation for the purposes of section 19D has
been issued unless the certificate or documentation is on board the vessel.
(2) A person who is in possession of a local fishing vessel’s certificate of registration
or documentation for the purposes of section 19D shall deliver it to the minister on request or
as required under this Act.
(3) If a certificate of registry or documentation for the purposes of section 19D of a
local fishing vessel issued under this Act is mislaid, lost or destroyed, the Minister, on
application by or on behalf of the owner of the vessel in the prescribed form and manner and
including the information or accompanied by the documents as may be required by the
Minister, shall issue a replacement certificate of registry or documentation for the purposes of
section 19D as the case may be.
(4) A certificate of registry or documentation for the purposes of section 19D is not
subject to detention because of any title to, lien on, charge on or interest in the registered
local fishing vessel that is claimed by an owner, mortgagee, charterer or operator of the ship
or by any other person.
Register of local fishing vessels
19 G. (1) The Minister shall keep a Register of local fishing vessels registered under this Act
and shall cause to be entered from time to time in the Register the name and registration
number of the vessel, the name and address of the owner, the nature of ownership, the place
of mooring or beaching of the vessel and such other particulars as may be prescribed.
(2) The contents of the Register shall be prima facie evidence of the facts contained
therein in all proceedings under this Act.
Notification of change of ownership and other changes
19 H. (1) On the sale or other change of ownership of a local fishing vessel registered under
this Act, the previous owner and the new owner shall, within fourteen days of the sale or
other changes of ownership, notify the of the change in ownership and of the name and
address of the new owner and return the certificate of registry for cancellation.
(2) On receipt of a notification under subsection (1), the Minister shall cancel the
original certificate of registry of the vessel and may, on application under section 19B issue
to the new owner of the local fishing vessel a new certificate of registry.
(3) If a registered local fishing vessel is altered to the extent that it no longer
corresponds with its description or particulars set out in its certificate of registry, the owner or

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person acting on behalf of the owner shall notify the Minister within 30 days after the
alteration and arrange for survey or inspection of the altered vessel.
(4) Notification of any change in the information provided in the application for registry
under section 19B or such other description or particular as may be prescribed, shall be
made by or on behalf of the owner of the registered local fishing vessel to the Minister.
(5) The Minister, on the notification of a change under this section, shall cause the
necessary changes to be made in the Register.
Suspension, cancellation and reinstatement of registration
19I (1) The minister may suspend or cancel the registration of a local fishing vessel if –
(a) it is not marked in accordance with section 19D (5) or 19D(9);
(b) its certificate of registry has expired;
(c) the owner fails to comply with section 19H;
(d) suspension or cancellation is required on the grounds as may be prescribed.
(2) The Minister shall cancel the registration of a local fishing vessel if -
(a) the vessel has been lost, destroyed or removed from service;
(b) the vessel is no longer a local fishing vessel;
(c) he is satisfied that the survey or inspection of a vessel that has been altered
shows that the vessel should be re-registered.
(3) The owner of a local fishing vessel registered under this Act shall report the loss
or destruction of the vessel or of its removal from service as a local fishing vessel as soon as
practicable after such loss, destruction or removal from service and in any case within a
period of 30 days after the event, and shall at that time return the certificate of registry issued
in respect of that vessel
(4) The owner of a local fishing vessel registered under this Act may, where that
vessel is no longer to be used for fishing request in writing the cancellation of registration of
the vessel and shall at that time return the certificate of registry issued in respect of that
vessel.
(5) The Minister, on receipt of the certificate of registry returned under subsection (4)
shall cause the cancellation of registration of the vessel to be noted on the register.
(6) The Minister may where he is satisfied that a local fishing vessel has not been
used for fishing for a period of one year or more, cause the cancellation of registration of the
vessel to be noted on the register, without receiving a report of that vessel’s
decommissioning as a local fishing vessel under subsection (3) or a request for cancellation
of registration under subsection (4)

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(7) The Minister may reinstate the registration of a local fishing vessel cancelled
under this section if, in the Ministers opinion, the registration of the vessel should not have
been cancelled.
Register of ships under construction
19J A fishing vessel that is about to be built or that is under construction in [country] shall
be recorded by the Minister in a Register of fishing vessels under construction as a fishing
vessel being built in [Country].
Section B
CONSTRUCTION OF FISHING VESSELS
Construction of new fishing vessels to meet standards
19K (1) The construction and arrangement of any fishing vessel in the [Country] or abroad
and intended for import shall be built in accordance with the requirements of this Act and
such standards as may be prescribed that ensures the safe operation of the vessel and the
health and safety of the crew.
Construction and alteration of fishing vessels
19L (1)Any person intending to
(a)construct a fishing vessel;
(b)alter a registered local fishing vessel, so that the particulars of that vessel do not
correspond to those on the certificate of registry of the vessel; or
(c) convert an existing vessel into a fishing vessel to be used for fishing, shall apply to
the Minister for his permission to construct, alter or convert the vessel and shall
provide the Minister with such information describing the construction, alteration or
conversion, as the Minister may require;
(2) Within 21 days of an application under subsection (1), the Minister shall, where-
(a)all the information required under subsection (1) has been submitted;
(b)he is satisfied that the design, mode and material of construction and equipment of
the fishing vessel to be constructed, altered or converted are such as to allow the
vessel once completed to comply with the prescribed standards relating to
seaworthiness, safety equipment and sanitary conditions for a vessel of that category
or class; and
(c) he is satisfied that the construction, alteration or conversion of a fishing vessel would
not be contrary to any regulations made to give effect to any scheme for managing
any particular fishery,
give permission in writing for the construction, alteration or conversion of the fishing vessel.
(3) Notwithstanding the issuance of a permission to construct, import, alter or convert a
fishing vessel under subsection (2), the Minister may, prior to or at any stage of construction,
importation, alteration or conversion of the vessel, suspend or withdraw the authority to
proceed with construction, importation, alteration or conversion of the vessel –

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(a)if the Minister is satisfied on the basis of opinion of the inspector or either qualified or
authorised officers and information made available to him that that the vessel to be
imported would not meet the requirements of this Act and prescribed standards that
are aimed to ensure the safe operation of the vessel and the health and safety of the
crew;
(b)if the Minister is satisfied on the basis of the opinion of the inspector or either qualified
or authorised officers that on completion of work, the vessel may not be considered
seaworthy and safe for fishing;
(c) where the owner fails to agree or comply with any prescribed standards or as may be
set out in writing by the Minister;
(d)suspension of authority is recommended by an inspector or other qualified or
authorised officer until such time as the Minister is satisfied that all concerns relating
to the recommendation to suspend the authority are rectified.
(4) The owner of a local fishing vessel shall notify the Minister of the completion of
construction, alteration or conversion of the vessel and thereafter the Minister shall direct that
the vessel be surveyed or inspected and where a certificate of survey or inspection is issued,
shall register the vessel or record the alteration or conversion as the case may be.
(5) A person who constructs, alters or converts a fishing vessel without obtaining the
permission of the Minister is guilty of an offence and is liable on conviction to a fine not
exceeding $X.
(6) A person who fails to construct, alter or convert a fishing vessel in accordance with
prescribed standards is guilty of an offence and is liable on conviction to a fine not exceeding
$X?
(7) A person who continues with the construction, importation, alteration or conversion of
a vessel in respect of which permission to construct, import, alter or convert has been
suspended or withdrawn in accordance with subsection (3) is guilty of an offence and is liable
on conviction to a fine not exceeding $X.
Equivalence and exemptions
19M (1)Where this Act requires that a particular fitting, material, appliance or apparatus, or
type thereof, piece of equipment or machinery shall be fitted or carried in a vessel, or that
any particular provision shall be made, the Minister may permit any other fitting, material,
appliance or apparatus or type thereof, piece of equipment or machinery to be fitted or
carried or other provision to be made in that vessel where it is satisfied by trials or otherwise
that the alternative is at least as effective as that required by this Act.
(2) The Minister may exempt any vessel or description of vessels from all or any of
the provisions of this Act, as shall be specified in the exemption providing that the Minister is
satisfied that compliance with such provision is either impracticable or unreasonable in the
case of that vessel or description of vessels. The exemption may be issued on such terms,
as the Minister may specify and subject to giving reasonable notice, alter or cancel any such
exemption.
Approved equipment and material

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19N (1) Equipment and material that is required by this Act to be approved or of an
approved type shall have been manufactured and approved in accordance with the design
and testing requirements approved by the Minister.
Section C
INSPECTIONS AND CERTIFICATION
Prescribed standards
19O For the purpose of section 19P and 19Q, the expression “prescribed standards” in
relation of a local fishing vessel means minimum standards prescribed in respect of sea
worthiness, safety equipment and sanitary or other condition for vessels of that category or
class.
Certificate of inspection
19P (1) No person shall put to sea any local fishing vessel unless there is in existence a
valid certificate of inspection issued in respect of that local fishing vessel in accordance with
this Part.
(2) Application for inspection of a local fishing vessel shall be made to the Minister.
(3) On receipt of an application under this section, the Minister or a fisheries officer or
other qualified person designated by him in writing as an inspector shall inspect the local
fishing vessel for the purpose of ascertaining that such fishing vessel complies with
prescribed standards.
(4) Where following an inspection pursuant to subsection (3), the Minister is satisfied
that the fishing vessel complies with the prescribed standards, he shall issue a certificate of
inspection in the prescribed form in respect of that fishing vessel.
(5) The owner of the fishing vessel shall ensure that the certificate of inspection is
carried at all times on board the fishing vessel in respect of which it has been issued and that
it is displayed in a conspicuous position in the wheelhouse or cockpit of the vessel.
(6) Unless cancelled or suspended under subsection (9), a certificate of inspection
issued under this section shall be valid for a period of one year from the date of issue.
(7) Any person who contravenes subsection (1) or (5) is guilty of an offence and liable
no summary conviction to a fine not exceeding $5,000.
Inspections, suspension and cancellation of certificates of inspection
19Q (1) Any authorized officer designated by the Minister for the purposes of inspections
under this section, may carry out regular inspections, or at any time without notice or warrant,
stop and board for the purpose of satisfying himself that -
(a) there is in existence a valid certificate of inspection in respect of that vessel;
(b) the vessel and its equipment are being maintained in accordance with the prescribed
standard; and,

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(c) the vessel is seaworthy and fit for the purpose of fishing; and
shall, following such inspection, make a report to the Minister setting out the results of the
inspection.
(2) Where, having considered the report of an inspection under subsection (1), the
Minister is satisfied that the vessel is not seaworthy or fit for the purpose of fishing, he may
cancel the certificate of inspection issued in respect of that vessel.
(3) Where following an inspection in accordance with this Act, the Minister is satisfied
that the fishing vessel or its equipment is not being maintained in accordance with the
prescribed standards he may cancel or suspend the registration or fishing licence in respect
of that fishing vessel.
Amendment of Part V
5. Part V of the principal Act is amended by inserting after section 40 the following:
“Minister may delegate powers
40A The Minister may delegate the powers vested in him under Sections 19A-19Q
of this Act to a person who shall be qualified to exercise such powers except this power of
delegation.”
Amendment of Section 41
6. Section 41 of the Principal act is amended by replacing it with the following:
“Exemptions
41. The Minister may, by order published in the Gazette, exempt from the
requirements of –
(a) Sections 19A – 19Q, any type or class of fishing vessels under or over a size
specified in the order; or
(b) Section 11, any type or class of vessels under or over a size specified in the
order”.

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Regulations
Draft Harmonised Regulations on Safety of Fishing Vessels
Fisheries (Safety of Fishing Vessels) Regulations
[Preambular provisions]
PART I
PRELIMINARY
1. Citation
This Regulations may be cited as the Fisheries (Safety of Fishing Vessels) Regulations.
2. Interpretation
(1) In these Regulations, unless the context otherwise requires–
"Act" means the [Fisheries] Act;
“Accommodation spaces” means corridors, lavatories, cabins, offices, crew spaces, isolated
pantries and similar spaces;
“Amidships” is the mid-length of the standard water-line length.
“Breadth (B)” means, for a –
(a) wooden fishing vessel, the maximum width of such vessel measured from the outside of the
hull planking on one side to the outside of the hull planking on the other side;
(b) steel fishing vessel, the maximum width of such vessel measured from the inside of the shell
plating on one side to the inside of the shell plating on the other side;
(c) fibre glass fishing vessel, the maximum width of such vessel measured from the outside of the
shell moulding on one side to the outside of the shell moulding on the other side;
“crew accommodation space” means any space other than machinery spaces, control spaces and
storerooms that is used, accessible or designated for the use of crew members;
“Crew” means the skipper and all persons employed or engaged in any capacity on board a vessel
on the business of that vessel;
“Cubic number” means the product of Loa x B x D;
“delegated authority” means the person to whom the Minister delegates his powers pursuant to
section ... of the Act.

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“Depth (D)” means, for a –
(a) wooden vessel, the depth measured at the middle of the of the length overall from the outside
of the keel rabbet to the top of the deck beam at side, and in the case of an open and well-
decked vessel, the measurement of depth is made to the top of the gunwale;
(b) steel vessel, the depth measured at the middle of the length from the top of the deck beam at
side to the inside of the shell plating at the keel plus the minimum thickness of the deck
plating;
(c) fibre glass vessel, the depth measured at middle of the length from the underside of the keel
moulding to the top of the shell moulding [or the gunwale].
“Draft” means the vertical distance from the moulded baseline of a vessel at mid length to the
waterline.
“Existing vessel” means a vessel that is not a new vessel or a vessel for which initial construction
has begun before [date].
“fishing vessel” means any vessel used or intended for use for fishing [or related activities] for
gain;
“Flush deck vessel” means a vessel with a continuous weather deck located at the uppermost sheer
line of the hull.
“Gross tonnage” is the measurement of the overall size of the vessel;
“height” means the distance measured from the top of the floor to the top of the deck beam at side.
“Inflatable survival craft” or “Inflatable lifejacket” means one which depends upon non-rigid, gas-
filled chambers for buoyancy and which are normally kept deflated until ready for use.
“new vessel’ means a vessel the keel of which is laid, or which is at a similar stage of
construction, on or after the date of certification of these Regulations;
“Length overall” (Loa) for a-
(a) wooden vessel , is the length overall measured on a line parallel to the design waterline taken
from the forward part of the stem at top to that aftermost part of the transom or outrigger;
(b) steel vessel, is the length overall measured in a straight line from the fore side of the stem at
top to the after side of the transom or stern;
(c) fibre glass vessel, is the length overall measured on a line parallel to the design waterline
taken from the forward part of the stem at top to that aftermost part of the transom or
outrigger.
“Machinery space” means a space including a trunk, alleyway, stairway or duct to such a space
that contains:
(a) propulsion machinery of any type;
(b) steam or internal combustion machinery;

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(c) oil transfer equipment;
(d) electrical motors of more than 7.5 kW (10 hp);
(e) refrigeration equipment;
(f) one or more oil-fired boilers or heaters; or
(g) electrical generating machinery.
“midship section” means that section of the hull defined by the intersection of the moulded surface
of the hull with a vertical plane perpendicular to the water and centreline planes passing
through amidships.
“net registered tonnage” means the useful capacity of the vessel;
“new vessel” means a vessel for which the initial construction began on or after [xxxx] or a fishing
vessel which has undergone major repairs, alterations or conversion on or after [xxxx].
“Open boat” means a vessel which is open to the elements and is not fitted with a complete
watertight or weather tight deck or complete structure above the waterline.
“skipper” means the individual having command of the vessel [and who is the holder of a valid
licence or certificate that authorizes the individual to serve as skipper of such vessel;
“Survival” craft means a lifeboat, life raft, buoyant apparatus or small boat carried aboard a vessel.
“Vessel” includes any ship or boat or any other description of vessel capable of being navigated.
“Well deck vessel” means a vessel with a weather deck fitted with solid bulwarks that impede the
drainage of water over the sides or a vessel with an exposed recess in the weather deck
extending more than one-half of the length of the vessel measured over the weather deck.
“water tight” means capable of preventing the passage of water through the structure in any
direction under a head of water for which the surrounding structure is designed;
“weather tight” means that in any sea conditions, water will not penetrate into the vessel;
(2) The terms and phrases defined in the Act, shall be given the same meaning in these
regulations, unless the context requires otherwise.
(3) These Regulations include the Schedules to these Regulations.
(4) Where a vessel is managed by a person other than the owner or owners, whether on behalf of
the owner or owners or some other person, or on his own behalf, a reference in these Regulations to
the owner shall be construed as including that person.
(5) The standards specifications in the Schedules relating to safety including but not limited to
safety construction, safety equipment and operational safety of all fishing vessels or fishing vessels of
a specific class, make, type or length are prescribed for the purposes of the Act.
3. Application
Unless otherwise specified, these Regulations shall apply to all fishing vessels of less than 24
metres in length overall other than –

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(a) sport fishing vessels;
(b) wooden fishing vessels of primitive built of less than 5 meters in length overall not equipped
with propulsion machinery;
(c) vessels used as life boats or survival craft that are part of the equipment of the fishing vessel.
4. Exemptions
Notwithstanding the entry into force of these Regulations, the Minister may, by notice in the
Gazette, suspend the application of all or certain provisions of these Regulations to existing vessels or
any class of vessels as specified in the notice, provided that such suspension shall not be for a period
not exceeding [x] years from the coming into force of the Regulations.
5. Prescribed forms and fees
(1) The forms prescribed for the purposes of the Act are specified in Schedule 1.
(2) The fees prescribed for the purposes of the Act are specified in Schedule 2.
6. Standard specifications to ensure safety
The standard specifications prescribed in this Regulations relating to safety including but not
limited to safety construction, safety equipment and operational safety fishing vessels shall ensure the
safe operation of the vessel and the health and safety of the crew.
PART II
REGISTRATION
7. Application of Part II
This Part applies to all local fishing vessels regardless of class, size, type or length overall other
than –
(a) sport fishing vessels;
(b) wooden fishing vessels of primitive built of less than 5 meters in length overall not equipped
with propulsion machinery;
(c) vessels used as life boats or survival craft that are part of the equipment of the fishing vessel.
8. Registration for all local fishing vessels within [x] year.
Every local fishing vessel shall be surveyed or inspected and registered under the Act no later than
[number] year after these Regulations come into force.
9. Names of local fishing vessels
(1) No vessel shall be registered under the Act without an approved name.
(2) The application for reservation or approval of a name or change in the name for a local
fishing vessel under the Act shall be submitted to the Minister or delegated authority in Form 1
together with the prescribed application fee.

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(3) Where the Minister or delegated authority requests the owner to rename the vessel, under
section 19C (4) of the Act, the owner shall submit an application for a new name in accordance with
this section.
(4) The Minister shall publish a notice in writing of his intent to reserve or approve the name or
change of name specified by the applicant and that he shall reserve or approve such name for the local
fishing vessel if no objection is received within 14 days from the date of publication of the notice
under subsection (1) provided that he is satisfied that the name proposed to be allocated to the fishing
vessel is not a name which shall be disallowed under Section 19C(3).
10. Inspection for the purpose of registration
(1) The Minister or delegated authority on the application by the owner of a local fishing vessel
in Form 2 and on payment of a prescribed inspection fee shall cause the vessel to be surveyed or
inspected.
(2) The inspection under this section may include but is not limited to inspections of items of hull,
structure, machinery, electrical equipment, lifesaving equipment, fire protection equipment, pressure
vessels, steering systems, miscellaneous equipment and systems, sanitation and operational practices
including the competence and composition of the crew.
(3) The Minister or delegated authority may for the purposes of inspection under subsection (1)
require that –
(a) the vessel is subjected to harbour and sea trials and may require any lifting gear on board the
vessel including a derrick to be tested and the safe working load clearly marked on the
derrick;
(b) actual displacement of a decked fishing vessel of 12 meters and over in length overall is
determined upon the completion of its construction and that such fishing vessel is subjected
to an inclining test to determine the position of the centre of gravity as well as other stability
data in the light vessel condition provided that he may waive the requirement to incline a
vessel where such vessel has been built in series and provided further that at least two
vessels built in the series have undergone inclining test and that the general specification and
design of such vessel remains unaltered.
(4) Where the inspected vessel meets the requirements and inspection specifications under the
Act, the Minister or delegated authority shall issue a certificate of inspection in Form 3 in respect of
the vessel.
11. Application for registration
(1) The application for the registration of a local fishing vessel shall be submitted to the Minister
or the delegated authority in Form 4.
(2) The application under subsection (1) shall be submitted together with the following –
(a) application for registration fee which shall not be refundable;
(b) declaration of ownership of the vessel;
(c) qualification and name of the (skipper) master;
(d) time and place of the build;
(e) builders certificate;

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(f) Bill of Sale;
(g) application or approval of the name of the fishing vessel;
(h) certificate of survey or inspection;
(i) certificate certifying the tonnage measurement [where appropriate];
(j) the carving note;
(k) photographs of the new completed vessel where required by the Minister or delegated
authority;
(l) in the case of a local fishing vessel previously registered in another country, proof that the
entry of registration in such other country has been closed; and
(m) such information as may be required by the Minister or delegated authority.
(2) Where the Minister or delegated authority requires additional information under this section,
he shall notify the applicant named on the application form of the required information and shall
specify the time within which such information should be provided by the applicant.
(3) The application for registration shall not be considered by the Minister or delegated authority
if the prescribed fee is not paid or if the information required to be stated in the form or by the
Minister under the Act is not provided by the applicant.
12. Registration of local fishing vessel
(1) Where the Minister or delegated authority is satisfied that the vessel meets the registration
requirements under the Act, the Minister or delegated authority shall –
(a) allocate a registration number to the vessel and register the vessel as a local fishing vessel
under this Act; and
(b) issue a certificate of registry in Form 5 in respect of that vessel.
(2) The Minister or the delegated authority shall ensure that the entry of the vessels in the record
of vessels under construction shall be automatically closed when the new vessel is registered as a local
fishing vessel.
13. Replacement certificate of registry
(1) An application by or on behalf of the owner for a replacement certificate of registry under
Section 19F shall be in Form 6 and shall be submitted to the Minister or the delegated authority with
the prescribed fee and such other information as the Minister or delegated authority specifies.
14. Register of local fishing vessels
(1) The Minister or delegated authority shall cause to be entered in the Register of local fishing
vessels registered under this Act the following:
(a) the vessel’s name, previous names (if known), registration numbers and place of landing or
mooring;
(b) the vessel’s previous flags (if any);

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16
(c) the vessel’s International Radio Call Sign (if any);
(d) the names and addresses of the vessel’s owners and operators and the nature of ownership;
(e) the place of mooring or beaching of the vessel where and when the vessel was built;
(f) the type of vessel;
(g) the vessel’s length overall;
(h) the type of fishing method or methods;
(i) the moulded depth of the vessel;
(j) the beam of the vessel;
(k) the gross and net registered tonnage of the vessel;
(l) the power of the main engine or engines of the vessel;
(m) vessel navigation and position fixing equipment; and
(n) any other information the Minister or the delegated authority may require to be entered into the
Register from time to time.
(2) The Register of local fishing vessels shall, on payment of a prescribed fee, be open to public
inspection at all reasonable times.
15. Notification of change of ownership and other changes
(1) The notification of sale or other change of ownership of a local fishing vessel registered under
this Act and the name and address of the new owner shall be made in writing.
(2) If the new owner wishes to register the vessel, the notification under subsection (1) shall be
submitted to the Minister or the delegated authority shall include the original certificate of registry of
the vessel and the application for registration in Form 4 and such other information as is required
under the Act.
(3) A notification in respect of an altered vessel which no longer corresponds with its description
or particulars set out in its certificate of registry, shall be in writing and shall be submitted to the
Minister or the delegated authority together with a written request for a survey or inspection of the
altered vessel and the prescribed inspection fee.
PART III
CONSTRUCTION AND IMPORTATION
16. Equivalence and other exemptions
(1) The permission by the Minister or delegated authority to use any other fitting, material,
appliance or apparatus or type thereof, piece of equipment or machinery that shall be fitted or carried
in a vessel under section 19M of the Act shall be in writing.
(2) Any exemption made by the Minister under section 19M of the Act shall be by notice in the
gazette and on such terms, if any, as the Minister may specify.

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17. Notification and application for permission to construct or import a fishing vessel
(1) A notification and application for permission to construct or import a fishing vessel shall be
shall be in Form 7 and shall include at least two copies of plans for approval consisting of not less
than–
(a) general arrangement, profile and plan views;
(b) midship section;
(c) Lines plans and displacement curves;
(d) Machinery installation and engine beds;
(e) Construction or lay up details or both;
(f) openings in the hull, deck and size and disposition of freeing ports (if not sufficient in detail
in the general arrangement; and
(g) such other information or documentation as may be specified by the Minister or the
delegated authority.
(2) A notification and application for permission to alter a registered local fishing vessel so that
the particulars of that vessel do not correspond to those on the certificate of registry of that vessel shall
be in Form 8 and shall be submitted for approval together with –
(a) full description of the intended modification; and
(b) detail plans as may be required by the Minister or the delegated authority;
(c) such other information or documentation as may be specified by the Minister or the
delegated authority.
(3) The Minister or the delegated authority may reject an application to modify a vessel under
subsection 2 if the proposed modifications are not consistent with the specifications for construction of
a fishing vessel or if the operational safety of the vessel would adversely affected or if the stability
criteria of the modified vessel would not meet the minimum requirements for stability as set out in the
Schedules to this Regulation.
(4) A notification and application for permission to convert and existing vessel into a fishing
vessel shall be in Form 9 and shall be submitted for approval together with;
(a) full description of the intended conversion; and
(b) detail plans as may be required by the Minister or the delegated authority;
(c) such other information or documentation as may be specified by the Minister or the
delegated authority.
(5) The Minister or the delegated authority may reject an application to convert a vessel under
subsection 4 if the proposed conversion is not consistent with the specifications for construction of a
fishing vessel or if the operational safety of the vessel would be adversely affected or if the stability
criteria of the converted vessel would not meet the minimum requirements for stability as set out in the
Schedules to these Regulations.

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(6) The Minister or delegated authority shall, where he is satisfied that the requirements of the Act
in relation to obtain a permission to construct or import, alter or convert a vessel has been met, shall
give permission to construct, alter or convert the fishing vessel.
(7) A person who does not provide the information required under subsection (1) to (4) is guilty for
an offence and liable on summary conviction to a fine not exceeding $X.
18. Imported and other vessels to be constructed, altered or converted at no less than
prescribed standards.
(1) All local fishing vessels shall be constructed, altered or converted at no less than the standard
specifications made under these Regulations and, for a vessel of a specific make, class, type or length
overall, in accordance with the Schedules to these Regulations that apply to such vessel of that specific
make, class, type or length overall.
(2) All imported local fishing vessels shall be constructed, altered or converted so that they meet the
standards which are no less than the standard specifications under these Regulations and, for a vessel of a
specific make, class, type or length overall, that such vessel meets standard specifications in the
Schedules to these Regulations that apply to such vessel of that specific make, class, type or length
overall.
19. General specifications for construction of vessels
(1) Scantlings should be derived from the scantling Numeral calculated in accordance with the
formula Loa x B x D.
(2) In order to obtain depth (D) in respect of fibreglass vessels for the purposes of applying the
formula in subsection (1), the Minister or delegated Authority may measure the depth (D) at the
middle of the length overall from the underside of the keel moulding to the top of the gunwale where it
is considered that the intended area of operation and or mode of operation warrants a higher standard
of construction.
(2) The type size and weight of anchors chains shackles and wire ropes should be derived from
the Equipment numeral calculated in accordance with the formula Loa (B x D).
(3) The Gross Tonnage of a decked vessel should be estimated in accordance with the formula
Loa x B x D x C  100 + 1 x b d  100 where Loa, B and D are taken as defined for the Cubic
Number and 1, b and d are the length, breadth and depth of any enclosed space above the upper deck.
In the case of an open or partially decked vessel the measurements for Loa, B and D refer to the hull.
The coefficient “C” applies to the hull only and may be derived from the following table:
Recommended values for “C”
Hull Form
Displacement
(Decked)
Displacement
(No deck/partial
deck
Semi-displacement
(Decked)
Semi-displacement
(No deck/partial
deck
0.64 0.60 0.48 0.44

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(4) The Net Registered Tonnage may be estimated for decked local fishing vessels of 15 metres
in length overall by multiplying the Gross Tonnage by 0.6.
(5) The Net Registered Tonnage may be taken as being equal to the Gross Tonnage for all other
decked local fishing vessels of less than 15 metres in length overall and for all open fishing vessels.
(6) Local fishing vessels shall carry and be fitted with safety equipment of such description and
quantity specified in Schedule 3 for safety equipment.
16. Notification of completion of construction
(1) The owner of a fishing vessel shall notify the Minister or delegated authority in writing of the
completion of the construction, alteration or conversion of the fishing vessel or the entry in [Country] of
the imported vessel.
(2) A person who has fails to notify the Minister of the completion of construction, alteration,
conversion or import of a fishing vessel is guilty of an offence and shall be liable on summary conviction
to a fine not exceeding $ ......
18. Record of vessels under Construction
The Minister or the delegated authority shall keep a record of vessels that is about to be built or
that is under construction as a vessel being built in [Country].
PART III
INSPECTIONS AND CERTIFICATION
19. Operational safety
(1) A local fishing vessel shall not operate as a fishing vessel if it does not meet the standard
specifications for safety in theses regulations and for a vessel of a specific make, class or type, in
accordance with the Schedules to these Regulations that apply to such vessel of that specific make, class
or type.
20. Inspections, suspension and cancellation of certificates of inspection
(1) An application for an annual inspection of a local fishing vessel shall be made to the Minister or
delegated authority in Form 10 together with the prescribed fee.
(2) On receipt of an application under this section, the Minister or delegated authority shall cause
the vessel to be inspected in the presence of the owner or skipper or a representative of the owner or
skipper for the purpose of ascertaining that such fishing vessel complies with the requirements of these
regulations and the Schedules to these regulations.
(3) The scope of the annual inspection shall be the same as the for an inspection for registration
under section 10 of these Regulations but may be in less detail.
(4) The Minister or delegated authority may, at any time where he considers it necessary, require
a dry-dock inspection to be carried out on the local fishing vessel.
(5) Where following an inspection pursuant to subsection (2), the Minister of delegated authority
is satisfied that the fishing vessel complies with the prescribed standards, he shall issue a certificate of
inspection in Form 11 in respect of that fishing vessel.

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(6) The Minister or delegated authority may, specify periodic inspections including annual
inspections, special periodic inspections for all vessels or vessels of a specific make, type or class or
for any registered vessel. Such inspections may include but not limited to equipment inspections,
propeller shaft inspections.
(7) The Minister or delegated authority may set specific requirements for the inspection of
inflatable survival craft.
(8) Where following an inspection under subsection (1) or (5) this section, the Minister or
delegated authority is satisfied that the fishing vessel or its equipment is not being maintained in
accordance with the prescribed standards, he may require the owner of the vessel to rectify the
unsatisfactory condition of the vessel within a specified time.
(9) Where the Minister or delegated authority may, after an inspection under Section 19Q of the
direct the local fishing vessel to call into any port or place of mooring for further inspections.
(10) A owner or a person acting on he is behalf who is required to ensure that the local fishing
vessel is subject to inspection under this section and fails to present the vessel for inspection under this
section shall be guilty of an offence and liable on summary conviction to a fine not exceeding $X.
PART IV
GENERAL
21. Class of vessels
The standard specifications contained in the schedules to these Regulations may designate the
class or type of vessels to which the standard specifications apply.
22. Registration and other identification markings
(1) Vessels shall be marked with their registration numbers and other identification markings that
the vessel is required to display in accordance with the specifications for vessel markings in Schedule
11.
(2) Where subsection (1) is contravened, the owner, master, charterer and agent of the vessel are
guilty of an offence and are jointly and severally liable on summary conviction to a fine not exceeding
$x or to imprisonment not exceeding 3 months or to both.
23. Equipment to be kept in good condition
(1) Safety equipment that is required by these Regulations to be on board a fishing vessel –
(a) must be kept in good condition and must be kept on board at all times when the vessel is in
operation;
(b) must be easily accessible in an emergency;
(c) must be readily available for inspection;
(d) must have the registration number of the vessel permanently marked on it;
(e) must meet the standards prescribed under these Regulations.

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(2) A Where the provisions of subsection (1) are contravened, the owner, master charterer and
agent of the vessel are guilty of an offence and are jointly and severally liable on summary conviction
to a fine not exceeding $X or to imprisonment not exceeding 3 months or both
24. Collision regulations
(1) The master and crew of a local or foreign fishing vessel shall, unless to do so would endanger
life or property, comply with the Convention on the International Regulations for Preventing
Collisions at Sea 1972 as amended or modified.
(2) A master or member of the crew of a local or foreign fishing vessel who contravenes sub-
section (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding $X or
imprisonment not exceeding [3] months or both.
25. Causing obstruction at mooring site
(1) No person shall moor a vessel at a mooring site in a manner that causes obstruction to other
vessels.
(2) For the purposes sub-section (1)
(a) “moor” includes berth and dock; and
(b) “mooring site” includes the foreshore, a fish market and a haul up sit.
(3) Where in the opinion of an authorised officer a vessel is causing obstruction, the master of
the vessel shall comply with any direction of the officer to eliminate the obstruction.
(4) The master of a vessel causing an obstruction who fails to comply with the direction of an
authorised officer under subsection (3) to eliminate the obstruction is guilty of an offence and is liable
on conviction to a fine not exceeding $x or imprisonment not exceeding 3 months or to both.
26. Information to be true
(1) Any information required to be recorded, or to be provided, notified, communicated or
reported pursuant to a requirement of the Act shall be true, complete and accurate.
(2) Any change in circumstances which has the effect of rendering any such information referred
to in subsection (1) false, incomplete or misleading shall be notified immediately to the appropriate
person, authority or body.
(3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence is liable on
summary conviction to a fine not exceeding $[x].
LIST OF SCHEDULES
Schedule 1 Prescribed Forms
Schedule 2 Prescribed Fees
Schedule 3 Safety Equipment for a Local Fishing Vessel
Schedule 4 Fire Protection, Fire Detection, Fire Extinguishing and Fire Fighting Equipment.
Schedule 5 Equipment/Ground Tackle/Anchors and Chains

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Schedule 6 Stability and Associated Seaworthiness
Schedule 7 Scantlings for the Construction of a Wooden Hulled Local Fishing Vessel
Schedule 8 Scantlings for the Construction of a Fibreglass Hulled Local Fishing Vessel
Schedule 9 Scantlings for the Construction of a Steel Hulled Local Fishing Vessel
Schedule 10 Machinery and Electrical Installations
Schedule 11 Specifications for the Marking of Fishing Vessels