Home | Databases | WorldLII | Search | Feedback Fiji Subsidiary Legislation

Marine Act 1986 - Marine Application of Marine Act Provisions to Fishing Vessels - 1990

FIJI

MARINE ACT 1986
ACT NO.35 OF 1986

APPLICATION OF MARINE ACT PROVISIONS TO FISHING TO FISHING VESSELS.

I, the Minister for Infrastructure and Public Utilities acting in accordance with section 167 of the Marine Act , 1986 declare that the provisions of Parts IV and V of that Act specified in the Schedule apply to fishing vessels of 10 metres or more in length, except that sections 62, 67 and 94 (1) shall be modified to the extent necessary to take account of the seasonal nature of the fishing industry so, however, that the period within which fishing vessels are required to be inspected leading to the issues of a survey certificate shall not exceed 12 months.

Dated at Suva the 26^th day of July 1990.

A.V.TORA

Minister for Infrastructure and Public Utilities

_________

SCHEDULE

____________

MARINE (FISHING VESSELS-CERTIFICATES OF COMPETENCY AND MANNING OF VESSELS) REGULATIONS, 1990

IN exercise of the powers conferred on me by sections 94, 143, 169 and 212 of the Marine Act, 1986, I have made the following Regulations:

Short title

1. These regulations may be cited as the Marine (Fishing Vessels-Certificates of Competency and Manning of Vessels) Regulations, 1990.

Quick guide to effect of regulations

2. The main effect of these regulations is that-

(a) the Marine Board can issue various grades of certificates of competency specifically for deck officers on fishing vessels that are valid for the navigation of fishing vessels in the areas specified in Schedule 1;

(b) before a person can take an examination to obtain a certificate he must have the qualifications and seagoing experience specified in Schedule 2;

(c) in order to qualify for a certificate a person must, in addition, pass the writ-ten examination specified in Schedule 3 and certain oral and practical examinations;

(d) in addition he must have undertaken the supplementary courses specified in Schedule 4.

Purpose

3.-(1) The purpose of these Regulations is to supplement section 98 of the Marine Act, 1986 (which makes it an offence for the owner or masters of certain vessels to take their vessels to sea with fewer qualified seamen than the complement prescribed) and section 99 (which authorizes the Fiji Marine Board to issue certificates of competency to seamen who have the prescribed qualifications) in respect of fishing vessels 10 metres or more in length.

(2) This objective is achieved by applying the provisions of the Marine (Certificates of Competency and Manning of Vessels) Regulations, 1989 to those vessels and their Crew

Interpretation

4. In these regulations-

"E.E.Z." means the exclusive economic zone of Fiji as, from time to time, determined in accordance with the Marine Spaces Act, 1978;

"fishing vessel" means a fishing vessel 10 metres or more in length;

"mate" means a person exercising subordinate command of a vessel and includes a person, other than a pilot, liable at any time to be in charge of the navigation of the vessel;

"territorial seas" means the territorial seas of Fiji as, from time to time, deter-mined in accordance with the Marine Spaces Act, 1978.

Application of the Marine (Certificates of Competency and Manning of Vessels) Regulations, 1989

5. The Marine (Certificates of Competency and Manning of Vessels) Regulations, 1989 apply in respect of fishing vessels 10 metres in length or more and in respect of the crews of such vessels except to the extent that the provisions of those Regulations are inconsistent with the provisions of these Regulations or are varied by these Regulations.

Grades of Certificates of Competency which may be issued in respect of deck officers on fishing vessels

6. The Marine Board may in accordance with the Marine (Certificate of Competency and Manning of Vessels) Regulations, 1989, issue certificates of competency in the following grades, in respect of deck officers on fishing vessels, namely-

(i) Master Unlimited (Fishing);

(ii) Master E.E.Z.(Fishing);

(iii) Master Territorial Seas (Fishing);

(iv) Mate Unlimited (Fishing);

(v) Mate E.E.Z (Fishing);

(vi) Mate Territorial Seas (Fishing)

7.-(1) The highest capacity in which a person holding a grade of certificate of competency as a deck officer (fishing) may serve on a registered fishing vessel is that shown against that grade in the Table set out in Schedule 1.

(2) This regulation is an addition to and not in derogation of the provisions of the Marine (Certificates of Competency (Authorized Capacities) Regulations,1989.

Qualifications for entry examinations

8.-(1) Subject to subregulations (2) and (3), the provisions of the Marine (Certificates of Competency (Qualifications for Entry to Examinations) (Deck Officers)) Regulations, 1989 apply in respect of examinations leading to a qualification for a grade of certificate of competency as a deck officer (fishing).

(2) For the purposes of subregulation (1) the Marine (Certificates) (Deck Officers)) Regulations, 1989 have effect as if the matters specified in Schedule to those regulations.

(3) The provisions of the Marine (Certificate of Competency) (Qualifications for Entry to Examinations) (Deck Officers)) Regulations, 1989 relating to service in other vessels and remission of qualifying sea-going service have effect as if a certificate of competency as a deck officer (fishing) specified in column 1 of the following table were the same as the certificate of competency specified in column 2 of that table.

TABLE

(4) The Marine Board may accept up to 12 months seagoing services in a deck capacity in a trading vessel to be qualifying service for the purpose of being admitted to an examination leading to a qualification for a certificate of competency as a deck officer (fishing).

(5) Regulation 5(3) of the Marine (Certification of Competency (Qualifications for Entry to Examinations)(Deck Officers) Regulations,1989 has effect in respect of qualifying seagoing service for the purpose of being admitted to an examination leading to a qualification for a Mate Unlimited ( Fishing),Mate E.E.Z(Fishing) and a Mate Territorial Seas (Fishing) certificate of competency.

Examination Syllabuses

9.-(1) Subject to subregulations (2),(3) and (4) , the provisions of the Marine (Certificates of Competency (Examination Syllabuses) (Deck Officers)) Regulations, 1989 apply in respect of examinations leading to a qualification for a grade of certificate of competency as a deck officer (fishing).

(3)[sic] For the purpose of subregulation (1) the Marine (Certificates of Competency (Examination Syllabuses)(Deck Officers)) Regulations, 1989 have effect as if the matters specified in Schedule 3 to these regulations were included in Part 1 of the Schedule to those regulations.

(3) For the purpose of regulation 5(4) (syllabus for each written examination) and regulation 6(3) (syllabus for oral and practical examination) of the Marine (Certificates of Competency (Examination Syllabuses) (Deck Officers)) Regulations a certificate of competency as a deck officer (fishing) specified in column 1 of the following Table shall be taken to be the same as a certificate of competency of the type specified in column 2 of that Table.

TABLE

(4) Despite subregulation (4) the syllabus for a deck officer (fishing) examination may be varied to take account of the special circumstances applicable to fishing vessels.

Supplementary Courses

10.-(1) Subject to subregulation (1), the provisions of the Marine ( Certificates of Competency (Supplementary Courses)) Regulations, 1989 apply in respect of supplementary courses a person must have completed before he can be issued with a certificate of competency as deck officer(fishing).

(2) For the purpose of subregulation (1) the Marine (Certificates of Competency (Supplementary Courses)) Regulations, 1989 have effects as if the matters specified in Schedule 4 to these regulations were included in Part 1 of the Schedule to those regulations.

Examination procedures

11. The provisions of the Marine (Certificates of Competency (Examination Procedures)) Regulations, 1989 apply in respect of examinations leading to a qualification for a grade of certificate of competency as a deck officer (fishing).

Fees

12.-(1) Subject to subregulation (2), the Marine (Fees) Regulations, 1989 apply in respect of the fees to be paid by a candidate for admission to an examination leading to a qualification for a grade of certificate of competency as a deck officer (fishing) and also apply in respect of safe manning certificates and certificates of competency as deck officers (fishing) issued in respect of fishing vessels and their crew.

(2) For the purpose of regulation 5 and Schedule 1 to the Marine (Fees) Regulations a certificate of competency as a deck officer (fishing) specified in column 1 of the following Table shall be taken to be the same as a certificate of competency of the type specified in column 2 of that Table.

TABLE

Revalidation

13. The Marine (Certificates of Competency (Revalidation)) Regulations, 1989 apply in respect of the revalidation of a certificate of competency as a deck officer (fishing).

Transitional provisions

14.-(1) Subject to subregulation (2) , the Marine (Certificates of Competency) ( Transitional Provisions)) Regulations, 1989 have effect in respect of certificate of competency as a deck officer (fishing),and seagoing service and other qualifications gained before these regulation came into operation .

(2) Subregulation (6) of the Marine (Certificates of Competency (Transitional Provisions)) Regulations, 1989 has effect for the purpose of this regulations came into force were a reference to the period of 2 years starting on the date these regulations came into force.

15.-(1) Subject to subregulation (2), the Marine (Manning of Vessels) Regulations, 1989 apply to fishing vessels (despite regulation 4(2) (d) of those regulations).

(2) Regulation 14(2) (b) of the Marine (Manning of Vessels) Regulations, 1989 does not apply to fishing vessels.

Seamens' record book

17.-(1) A survey certificate issued in respect of a fishing vessel must have specified in it the area within which the vessel may navigate.

(2) The area referred to in subregulation (1) may be-

(a) an unlimited area;

(b) the E.E.Z area (including the territorial seas); or

(c) the territorial seas.

(3) A survey certificate is not valid except in the area specified in it in accordance with subregulation (1)

________

SCHEDULE 1

CERTIFICATES OF COMPETENCY (DECK OFFICERS (FISHING) HIGHEST AUTHORISED CAPACITIES

_________

Regulation 8(2)

SCHEDULE 2

QUALIFYING PREREQUISITES FOR ENTRY TO EXAMINATION FOR A GRADE OF CERTIFICATE OF COMPETENCY AS A DECK OFFICER (FISHING)

Master Unlimited (Fishing)

Minimum age -

none

Prerequisite certificate -

Mate Unlimited (Fishing)

Qualifying seagoing service -

The applicant must have completes at least 36 months seagoing services on a fishing vessel as watchkeeper while holding a certificate of competency not lower than Mate Territorial Seas (Fishing), with at least 6 Months of that service being performed outside the E.E.Z. fishing area while the applicant held a certificate of competency not lower than Mate Unlimited (Fishing).

Master E.E.Z (Fishing)

Minimum age -

None

Prerequisite certificate -

Mate E.E.Z (Fishing)

Qualifying seagoing service -

The applicant must have completed at least 36 months seagoing service on a fishing vessel as watchkeeper while holding a certificate of competency not lower than Mate Territorial Seas (Fishing), with at least 6 months of that service being performed outside the territorial seas fishing area while the applicant held a certificate of competency not lower than Mate E.E.Z.(Fishing).

Master Territorial Seas (Fishing)

Minimum age -

None

Prerequisite certificate -

Mate Territorial Seas (Fishing)

Qualifying seagoing service -

The applicant must have completed at least 36 months seagoing service on a fishing vessel as watchkeeper while holding a certificate of competency not lower than Mate Territorial Seas (Fishing).

Mate Unlimited (Fishing)

Minimum age -

18 years

Prerequisite certificate

None

Qualifying seagoing service

The applicant must have completed 36 months seagoing service in the deck department of a fishing vessel, with at least 6 months of that service being lookout and helmsman’s duties carried out under the supervision of a suitability qualified officer, and with at least 3 months of the service being carried out out-side the territorial seas fishing area.

Mate E.E.Z (Fishing)

Minimum age -

18 years

Prerequisite certificate

None

Qualifying seagoing service -

The applicant must have completed 36 months seagoing service in the deck department of a fishing vessel with at least 6 months of that service being lookout and helmsman’s duties carried out under the supervision of a suitability qualified officer.

SCHEDULE 3
WRITTEN EXAMINATION SUBJECTS

_________

SCHEDULE 4

REQUIRED SUPPLEMENTARY COURSE

Master Unlimited (Fishing)

1. First Aid

2. Restricted Radiotelephony

3B. Survival (Full)

4. Firefighting

5B. Radar Observer (Full)

6. Electronic Navigation Aids (Operation)

Master E.E.Z (Fishing)

1. First Aid

2. Restricted Radiotelephony

3B. Survival (Full)

4. Firefighting

5B. Radar Observer (Full)

6. Electronic Navigation Aids (Operation)

Master Territorial Waters (Fishing)

1. First Aid

2. Restricted Radiotelephony

3A. Survival (Limited)

4. Firefighting

5A.Radar Observer (Limited)

6. Electronic Navigation Aids (Operation)

Mate Unlimited (Fishing)

1.First Aid

2.Restricted Radiotelephony

3B. Survival (Full)

4. Firefighting

5B.Radar Observer (Full)

6. Electronic Navigation Aids (Operation)

Mate E.E.Z. (Fishing)

1. First Aid

2. Restricted Radiotelephony

3B. Survival (Full)

4. Firefighting

5B. Radar Observer (Full)

6. Electronic Navigation Aids (Operation)

Mate Territorial Waters (Fishing)

1. First Aid

2. Restricted Radiotelephony

3A. Survival (Limited)

4. Firefighting

5A. Radar Observer (Limited)

6. Electronic Navigation Aids (Operation)

______________