Merchant Shipping Act, 1951 (Act No. 57 of 1951)

Schedules

Eighth Schedule

Work In Fishing Convention, 2007

Annexes

Annex III

Fishing Vessel Accommodation

General Provisions

Purchase

1.	For the purposes of this Annex:

(a)	"new fishing vessel" means a vessel for which:

(i)	the building or major conversion contract has been placed on or after the date of the entry into force of the Convention for the Member concerned; or

(ii)	the building or major conversion contract has been placed before the date of the entry into force of the Convention for the Member concerned, and which is delivered three years or more after that date; or

(iii)

in the absence of a building contract, on or after the date of the entry into force of the Convention for the Member concerned:

•	the keel is laid;

•	construction identifiable with a specific vessel begins; or

•	assembly has commenced comprising at least 50 tonnes or 1 per cent of the estimated mass of all structural material, whichever is less;

(b)	"existing vessel" means a vessel that is not a new fishing vessel.

The following shall apply to all new, decked fishing vessels, subject to any exclusions provided for in accordance with Article 3 of the Convention. The competent authority may, after consultation, also apply the requirements of this Annex to existing vessels, when and in so far as it determines that this is reasonable and practicable.

The competent authority, after consultation, may permit variations to the provisions of this Annex for fishing vessels normally remaining at sea for less than 24 hours where the fishers do not live on board the vessel in port. In the case of such vessels, the competent authority shall ensure that the fishers concerned have adequate facilities for resting, eating and sanitation purposes.

4.	Any variations made by a Member under paragraph 3 of this Annex shall be reported to the International Labour Office under article 22 of the Constitution of the International Labour Organisation.

5.	The requirements for vessels of 24 metres in length and over may be applied to vessels between 15 and 24 metres in length where the competent authority determines, after consultation, that this is reasonable and practicable.

6.	Fishers working on board feeder vessels which do not have appropriate accommodation and sanitary facilities shall be provided with such accommodation and facilities on board the mother vessel.

Members may extend the requirements of this Annex regarding noise and vibration, ventilation, heating and air conditioning, and lighting to enclosed working spaces and spaces used for storage if, after consultation, such application is considered appropriate and will not have a negative influence on the function of the process or working conditions or the quality of the catches.

The use of gross tonnage as referred to in Article 5 of the Convention is limited to the following specified paragraphs of this Annex: 14, 37, 38, 41, 43, 46, 49, 53, 55, 61, 64, 65 and 67. For these purposes, where the competent authority, after consultation, decides to use gross tonnage (gt) as the basis of measurement:

(a)	a gross tonnage of 75GT shall be considered equivalent to a length (L) of 15 metres or a length overall (LOA) of 16.5 metres;

(b)	a gross tonnage of 300GT shall be considered equivalent to a length (L) of 24 metres or a length overall (LOA) of 26.5 metres;

(c)	a gross tonnage of 950GT shall be considered equivalent to a length (L) of 45 metres or a length overall (LOA) of 50 metres.