The Department of Department has issued a Marine Notice on the requirement for crew lists on registered fishing vessels
The Department of Transport has issued Marine Notice 20 of 2021 – Requirement for Crew Lists on registered fishing vessels, a notice to all fishing vessel owners and masters.
The Work in Fishing Convention, 2007 (C188) was adopted at the 96th session of the International Labour Conference in June 2007. It aims to ensure decent work and living conditions in the fishing sector. The Convention entered into force on 16 November 2017 and, so far, 14 Member States of the International Labour Organization have ratified it.
On 31 January 2017, Council Directive (EU) 2017/159 was published in the Official Journal of the European Union and contains a Social Partners’ Agreement, concluded on 21 May 2012, aiming to implement the Work in Fishing Convention. In particular, Article 12 of the Annex to the Directive requires that every fishing vessel carry a crew list. The European Union (International Labour Organisation Work in Fishing Convention) (Crew List and Fisherman’s Work Agreement) Regulations,2020 (S.I. No 333of 2020), were signed into law on 1of September 2020. Regulation 5 of SI 333 of 2020 implements Article 12 of the Annex to the Directive and sets out the requirement in relation to crew lists.
2/. Objective of the Regulations (S.I. No 333 of 2020)
The Regulations place a responsibility on every registered fishing vessel to carry a crew list which shall be communicated ashore by the Master, either prior to the departure of a fishing vessel or immediately after the departure of a fishing vessel. The Regulations specify the minimum mandatory contents of the crew list and also to whom the crew list shall be communicated.
3/. Application Under SI 333/2020,
fishing vessels which are registered in the State, with at least one contract fisher on-board and engaged in sea fishing, are required to carry a crew list and communicate it ashore in line with points 6 and 7 below.
4/. Requirements under the Merchant Shipping Act, 1894
Under Section 405 of the Merchant Shipping Act 1894, a fishing vessel, being a trawler of twenty-five tons tonnage or upwards with a crew comprised exclusively of share-fishers, is required to carry a list of crew and to communicate the crew list to the Mercantile Marine Office.
In addition, for the purposes of maritime safety, the master of such vessels is requested to also adhere to the requirements of the provisions under SI 333/2020 and to communicate the crew list ashore to a relevant person as described under points 6 and 7 below.
Please note fishing vessels of 45m in length and over must also comply with the requirements set out in S.I. No. 81/2004 -European Communities (Vessel Traffic Monitoring and Information System) Regulations 2004.
For more information, please refer to Marine Notice 64 of 2008: Safe Seas Ireland –Implementation of Directive 2002/59/EC (EU Vessel Traffic Monitoring and Information System).
5/. Minimum Contents of the Crew List
The crew list shall contain the details set out in the Annex to this Marine Notice and, at a minimum, the following particulars:
a/. the name of the fishing vessel, its port of registry and Official Number;
b/. the name of the owner;
c/. the address of the owner or, where the owner is a company formed and registered under the Companies Act 2014 or is an existing company within the meaning of that Act, the address of the owner’s registered office or, where the owner is any other body corporate or unincorporated body of persons, the address of the owner’s principal office or place of business;
d/. the name of every fisher on board;
e/. the position held by every fisher on board and the BIM Card Number of each fisher;
f/. the nationality of every fisher on board;
g/. the name, address and telephone number of the next of kin of every fisher on board, identified by each fisher to the owner.
A copy of the crew list must be carried on board the fishing vessel at all times.
6/. When to communicate the crew list ashore
Prior to the departure of a fishing vessel or immediately after the departure of a fishing vessel, the master shall ensure that a copy of the crew list is communicated ashore for search and rescue purposes.
7/. Recipient of the crew list
A copy of the crew list should be communicated ashore to either of the following:
- where the master is not the owner, to the owner and, where the owner is a company, to the owner’s principal or registered office or place of business, or
- where the master is the owner, to a family member of the owner. It is important to note, that those listed above are responsible for making sure that the crew list is communicated to the Coast Guard or An Garda Síochána immediately upon request for search and rescue purposes. Marine Notices are issued purely for maritime safety and navigation reasons and should not be construed as conferring rights or granting permissions.