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

Schedules

Eighth Schedule

Work In Fishing Convention, 2007

Definitions and Scope

Part I

Scope

Article 4

Purchase

Where it is not immediately possible for a Member to implement all of the measures provided for in this Convention owing to special problems of a substantial nature in the light of insufficiently developed infrastructure or institutions, the Member may, in accordance with a plan drawn up in consultation, progressively implement all or some of the following provisions:

(a)	Article 10, paragraph 1;

(b)	Article 10, paragraph 3, in so far as it applies to vessels remaining at sea for more than three days;

(c)	Article 15;

(d)	Article 20;

(e)	Article 33; and

(f)	Article 38.

2.	Paragraph 1 does not apply to fishing vessels which:

(a)	are 24 metres in length and over; or

(b)	remain at sea for more than seven days; or

(c)	normally navigate at a distance exceeding 200 nautical miles from the coastline of the flag State or navigate beyond the outer edge of its continental shelf, whichever distance from the coastline is greater; or

(d)	are subject to port State control as provided for in Article 43 of this Convention, except where port State control arises through a situation of force majeure, nor to fishers working on such vessels.

3.	Each Member which avails itself of the possibility afforded in paragraph 1 shall:

(a)	in its first report on the application of this Convention submitted under article 22 of the Constitution of the International Labour Organisation:

(i)	indicate the provisions of the Convention to be progressively implemented;

(ii)	explain the reasons and state the respective positions of representative organizations of employers and workers concerned, and in particular the representative organizations of fishing vessel owners and fishers, where they exist; and

(iii)

describe the plan for progressive implementation; and

(b)	in subsequent reports on the application of this Convention, describe measures taken with a view to giving effect to all of the provisions of the Convention.