S.I. No. 289/1988 - Fishing Vessels (Certification of Deck Officers and Engineer Officers) Regulations, 1988.

S.I. No. 289 of 1988.

FISHING VESSELS (CERTIFICATION OF DECK OFFICERS AND ENGINEER OFFICERS) REGULATIONS, 1988.

I, BRENDAN DALY, Minister for the Marine, in exercise of the powers conferred on me by sections 3 and 8 of the Merchant Shipping (Certification of Seamen) Act, 1979 (No. 37 of 1979), and the Communications (Transfer of Departmental Administration and Ministerial Functions) Order, 1987 ( S.I. No. 91 of 1987 ), hereby make the following Regulations:

PART IPRELIMINARY AND GENERAL

1 Citation and Commencement

1. These Regulations may be cited as the Fishing Vessels (Certification of Deck Officers and Engineer Officers) Regulations, 1988, and shall come into operation on the 1st day of September, 1989.

2 Interpretation

2. In these Regulations—

"fishing vessel" means a vessel for the time being employed in sea fishing but does not include a vessel used otherwise than for profit;

"length" in relation to a fishing vessel, means the registered length shown on the vessel's certificates of registry;

"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;

"Marine notice" means a Notice described as such and issued by the Department of the Marine;

"the Minister" means the Minister for the Marine;

"registered power" means, in relation to a fishing vessel, the brake or shaft power, specified in the vessel's certificate of registry, that is to say, the total continuous rated brake or shaft power of all the propulsion engines, irrespective of whether some of the power may be diverted from the propulsion shafts or whether or not all the power is normally used;

"specified by the Minister" means specified in the Department of the Marine's merchant shipping publications entitled "Examinations for Certificates of Competency for Fishing Vessels: Deck Officer Requirements Syllabuses and Specimen Papers" and Examinations for Certificates of Competency for Fishing Vessels: Marine Engineer Officer Requirements, Syllabuses and Specimen Papers", both to be published by the Departments of the Marine, or in any documents amending or replacing those publications which is specified in a Marine Notice;

"unlimited area" means any location not within the limited area.

3 Exemptions

3. The Minister may grant exemptions from all or any of the provisions of these Regulations (as may be specified in the exemption) for classes of cases or individual cases on such terms as he may so specify and may, subject to giving reasonable notice, alter or cancel any such exemption.

PART IIMANNING REQUIREMENTS

4 Deck Officers

4. Every ship registered in the State, being a sea-going fishing vessel or government fishery research vessel:

(a) which operates in the unlimited area, or

(b) which being of 16.5 metres length or more, operates in the limited area, of a description of its length set out in column 2 of the Table to this Regulation shall, when going to sea to the fishing area set out in relation to that description of vessel in column 1 of the said Table, carry at least such number of qualified deck officers as are set out in column 3 of that Table opposite the description in column 2 and shall carry any such other officers as are set out in column 4 of that Table opposite the description in column 2.

5 Engineer Officers

5. Every ship registered in the State, being a sea going fishing vessel or government fishery research vessel which has a registered power of 750 kilowatts or more. of a description set out in column 1 of the Table to this Regulation, when going to sea shall carry such number of qualified engineer officers as set out in column 2 of that Table of such required classes of certification as set out in column 3 of that Table opposite the description in column 1.

Table

6 Qualification

6. (1) For the purposes of these Regulations an officer shall be qualified if he is the holder for the time being of a certificate of competency issued under these Regulations, or of a certificate which is to be treated as equivalent to such a certificate by virtue of these Regulations and, at the material time, such certificate is in force in relation to the person named in it and is of a type (whether deck or engineer) and class appropriate to the officer's capacity in the vessel.

(2) The provisions of Regulations 4 and 5 of these Regulations, insofar as they impose a requirement with respect to the carrying in a vessel of a qualified officer who is the holder of a certificate of competency issued under these Regulations of a particular class, shall be treated as complied with if the officer who is carried in pursuance of that requirement is the holder of a certificate of competency issued under these Regulations of a higher class or of a certificate which is to be treated as equivalent to such a certificate of a higher class by virtue of these Regulations.

PART IIICERTIFICATION OF OFFICERS

7 Classes of certificates of competency

7. (1) Certificates of competency issued in accordance with these Regulations shall be of the following classes, that is to say—

(a) Skipper (Full)

Skipper (Limited)

Second Hand (Full)

Second Hand (Special)

Second Hand (Limited),

(b) Engineer Officer Certificate of Competency (Fishing Vessel) Class 1

Engineer Officer Certificate of Competency (Fishing Vessel) Class 2

Engineer Officer Certificate of Competency (Fishing Vessel) Class 3

(2) For the purpose of these Regulations, a certificate of competency of a class set out in the list contained in either paragraph (a) or (b) of this Regulation shall be treated as being a certificate of a higher class than a certificate of any class which is set out after it in that list.

8 Certificates equivalent to a certificate of competency

8. (1) An existing certificate of competency granted under section 414 of the Merchant Shipping Act, 1894, shall be deemed for the purposes of these Regulations and of section 3 of the Merchant Shipping (Certification of Seamen) Act, 1979 (No. 37 of 1979), to be a certificate of competency and such a certificate of a class set out in column 1 of the Table to this paragraph shall be treated as equivalent to a certificate of competency issued under these Regulations of a class set out opposite thereto in column 2 of that Table.

Table

(2) Deck Officer certificates of service of a description set out in column 1 of the Table to this paragraph may be issued in accordance with these Regulations and such a certificate shall be treated as equivalent to a deck officer certificate of competency issued under these Regulations of the class set out in column 2 of that Table opposite that description of certificate of service.

Table

(3) Engineer Officer certificates of service of Class 1, Class 2 and Class 3 may be issued in accordance with these Regulations and any such certificate shall be treated as equivalent to an engineer officer certificate of competency issued under these Regulations of the corresponding numbered class.

(4) Engineer Officers in possession of certificates of competency issued under the Merchants Shipping (Certification of Marine Engineer Officers) Regulations, 1981 ( S.I. No. 12 of 1981 ), of the classes set out in column 1 of the Table to this paragraph or of a superior certificate issued under the the said Regulations, shall be deemed to have fulfilled the requirements for a position requiring the class of certificates of competency (fishing vessels), issued under these regulations set out opposite thereto in column 2 of that Table.

Table

9 Conditions applicable to the issue of certificates

9. (1) Subject to paragraph (3) of this Regulation—

(a) the standards of competency to be attained and the conditions to be satisfied by a person before he may be issued with a certificate of competency under these Regulations, including any exceptions applicable with respect to any such standards or conditions,

(b) the manner in which the attainment of any such standards or the satisfaction of any such conditions is to be evidenced, and

(c) the conduct of any examination for that purpose and the conditions of admission thereto.

shall be such as may be specified by the Minister either in relation to certificates of competency in general or to a particular class as may be so specified.

(2) Subject to the proviso to this paragraph and to paragraph (3) of this Regulation—

(a) a person applying to be issued with a deck officer's certificate of service shall provide such evidence as the Minister may require that—

(i) he has served at sea as a skipper or officer in charge of a navigational watch in a vessel specified in Regulation 4 of these Regulations and for a period of at least 3 years during the period of 10 years immediately preceding the 1st day of September, 1989.

(ii) he has served for 12 months of such service in the capacity appropriate for the certificate for which application is made, and

(iii) his conduct during the said 12 months and during the last 12 months of sea service in a watchkeeping capacity if that was not the same period was satisfactory

(b) a person applying to be issued with an engineer officer's certificate of service shall provide such evidence as the Minister may require that—

(i) he has served at sea in an engineering capacity in a vessel specified in Regulation 4 of these Regulations for a period of at least 3 years during the period of 10 years immediately preceding the 1st day of September 1989,

(ii) he has served for 12 months of such service in the capacity appropriate for the certificate for which the application is made, and

(iii) his conduct during the said 12 months and during the last 12 months of sea service in a watchkeeping capacity if that was not the same period was satisfactory;

provided that, notwithstanding that the conditions set out in subparagraphs (a) or (b) of this paragraph have not been complied with, the Minister, taking into account the circumstances in a particular case, may, where he is satisfied that those conditions have been substantially complied with, issue a certificate of service subject to any limitation as to the operating area which may be endorsed on that certificate in that particular case.

(3) Notwithstanding that an applicant for a certificate of competency or a certificate of service complies with the standards or fulfils the conditions specified by, or by virtue of, the foregoing provisions of this Regulation, the Minister shall not issue the certificate applied for unless he is satisfied, having regard to all the relevant circumstances, that the applicant is a fit person to be the holder of the certificate and to act competently in the capacity to which it relates.

10 Other certificates equivalent to a certificate of competency

10. (1) (a) The Minister may specify that the standard of competency to be attained by officers of any description may be the standard of competence required for the issue of a certificate of competency by an authority empowered in that behalf by the laws of another country and that a certificate issued by any such authority shall be treated as evidence of the attainment of a standard of competency equivalent to the standard required for the issue of a specified class of certificate under these Regulations.

(b) any certificate issued by any such authority of another country to any such officer which is expressed to remain in force for a definite period shall remain in force, unless renewed, only until the expiration of that period.

(2) A certificate of competency granted under section 414 of the Merchant Shipping Act, 1894, to which has been added by the Minister a certificate of service (deck officer) under Regulation 8 of these Regulations of a description set out in column 1 of the table to paragraph (2) of Regulation 8 of these Regulations, shall be treated as equivalent to a certificate of competency issued under these Regulations of the class set out in column 2 of that Table opposite the description in column 1.

11 Form, validity, record and surrender of certificates

11. (1) Certificates of competency and certificates of service shall be issued in duplicate, on receipt of any fee payable, the original to be delivered to the person entitled to the certificate and the duplicate to be retained by the Minister.

(2) A certificate shall remain valid for sea-going service only so long as the holder can comply with the standards and conditions as to medical fitness and competency to act in the appropriate capacity specified by the Minister.

(3) A record of all certificates of competency and of all certificates of service issued under these Regulations and of the suspension, cancellation or alteration of and any other matters affecting any such certificate shall be kept in such manner as the Minister may require.

(4) Where the holder of a certificate of a particular class issued under these Regulations is issued with such a certificate of a higher class he shall surrender the first mentioned certificate to the Minister or to such person as the Minister directs for cancellation.

(5) Where a person is convicted of an offence under section 3 of the Merchant Shipping (Certification of Seamen) Act, 1979 , or where a certificate is issued and the conditions for its issued specified by, or by virtue of, these Regulations have not been complied with, then the holder of the relevant certificate shall at the direction of the Minister deliver it to the Minister, or such person as the Minister directs, for cancellation.

12 Loss of certificates

12. If a person entitled to a certificate of competency or a certificate of service proves to the satisfaction of the Minister that he has without fault on his part, lost or been deprived of a certificate already issued to him, the Minister shall, and where he is not so satisfied may, on payment of such fee (if any) as he may require, cause a copy of the certificate to which the person appears to be entitled, to be issued to him. Any such copy shall, before it is so issued, be certified as such as the Minister may have required under Regulation 11(3) of these Regulations.

PART IVWATCHKEEPING REQUIREMENTS

13 Requirement to act in capacity for which certificated

13. (1) Subject to paragraph (2) of this Regulation no person shall act in a capacity which requires a certificate of competency or certificate of service under these Regulations unless he holds an appropriate certificate.

(2) In the event of the death or incapacity of any officer required to be certificated under these Regulations, a deck officer or engineer officer, as appropriate, who is not certified to act in that capacity may act in the certificated capacity until the vessel reaches the next intended port of call.

(3) Except in the case of vessels of less than 24 metres in length operating in the limited area, the skipper or other person in charge of a vessel shall not permit any person to be in charge of a navigational watch unless that person holds a certificate of competency or certificate of service of the class required by these Regulations to be held by a deck officer required to be carried in that vessel at that time.

(4) No person shall appoint any other person to act in a capacity for which he is not duly qualified in accordance with these Regulations.

GIVEN under my Official Seal, this 16th day of November, 1988.

BRENDAN DALY,

Minister for the Marine.

EXPLANATORY NOTE.

These Regulations require certain fishing vessels registered in the State and government fishery research vessels to carry a specified number of deck and engineer officers (Regulations 4 and 5). Such officers must be qualified by holding an appropriate certificate of competency issued under these Regulations or an equivalent certificate (Regulation 7). Existing certificates of competency issued under section 414 of the Merchant Shipping Act 1894 and certificates of service issued under these Regulations are to be treated as equivalent to specified certificates of competency issued under these Regulations (Regulation 8).

Provision is made for specification by the Minister of the standards and conditions for the issue of certificates of competency under these Regulations. The conditions for the issue of certificates of service are set out (Regulation 9).

The Department of the Marine publications setting out the detailed requirements regarding the certificates of competency and certificates of service may be amended or replaced, and such changes will be published in Marine notices.

The Regulations come into operation on 1st September, 1989.