Merchant Shipping (Safety of Fishing Vessels) (15-24 Metres) Regulations 2007
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the Merchant Shipping (Safety of Fishing Vessels) (15-24 Metres) Regulations 2007.
(2) These Regulations come into operation—
(a) on 1 October 2007, for new vessels,
(b) on 1 October 2008, for existing vessels the keel of which was laid or which was at a similar stage of construction on or after 1 October 1997,
(c) on 1 October 2009, for existing vessels the keel of which was laid or which was at a similar stage of construction on or after 1 October 1987, and
(d) on 1 October 2010, for existing vessels the keel of which was laid or which was at a similar stage of construction before 1 October 1987.
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paragraphs: These Regulations apply to every mechanically propelled fishing vessel of 15 metres in length overall (L oa ) and over but less than 24 metres in length (L), registered in the State.
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paragraphs: In these Regulations—
(a) a surveyor of ships under section 724 of the Merchant Shipping Act 1894 or a recognised organisation; or
(b) a person, appointed under Regulation 7(11);
(a) the bulkhead shall be located at a distance from the forward perpendicular not less than 0.05L+0.8m and not more than 0.05L+1.35m, except as may be allowed by the Minister,
(b) where any part of the underwater body extends forward of the forward perpendicular, for example a bulbous bow, the distance stipulated in paragraph (a) of this definition shall be measured from a point at mid-length of the extension forward of the forward perpendicular or from a point 0.015(L) forward of the forward perpendicular, whichever is less, and
(c) the bulkhead may have steps or recesses provided they are within the limits specified in paragraph (a);
(a) enclosing bulkheads of efficient construction,
(b) access openings, if any, in those bulkheads fitted with permanently attached weathertight doors of a strength equivalent to the un-pierced structure which can be operated from each side, and
(c) other openings in sides or ends of the superstructure fitted with efficient weathertight means of closing.
(a) the top of the keel or line of intersection of the inside of shell plating with the keel where a bar keel extends above that line of a vessel with a metal shell,
(b) the rabbet lower line of the keel of a vessel with a shell of wood or a composite material, or
(c) the intersection of a fair extension of the outside of the shell contour at the bottom with the centreline of a vessel with a shell of material other than wood and metal;
(a) the depth measured from the keel line to the top of the working deck beam at side,
(b) in vessels having rounded gunwales, the moulded depth measured to the point of intersection of the moulded lines of the deck and side shell plating, the lines extending as though the gunwale were of angular design, and
(c) where the working deck is stepped and the raised part of the deck extends over the point at which the least depth is to be determined, the least depth measured to a line of reference extending from the lower part of the deck along a line parallel with the raised part;
(a) construction identifiable with a specific vessel begins, or
(b) assembly of that vessel has commenced comprising at least 50 tonnes or 1 per cent of the estimated mass of all structural material, whichever is the lesser;
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paragraphs: (1) Where these Regulations require that a particular fitting, material, appliance or apparatus, or type thereof, shall be fitted or carried in a fishing vessel, or that any particular provision shall be made, the Minister may allow any other fitting, material, appliance or apparatus, or type thereof to be fitted, or any other provision to be made in that vessel, if he or she is satisfied that that other fitting, material, appliance or apparatus, or type thereof, or provision, is at least as effective as that required by these Regulations.
(2) The Minister may, on such conditions as he or she thinks fit, exempt any fishing vessel constructed before the commencement of these Regulations from any of the requirements of these Regulations, if he or she is satisfied that the requirement is either impracticable or unreasonable in the case of such vessel.
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paragraphs: The hull, machinery, equipment and radio installations as well as crew accommodation of every new vessel shall be constructed and installed so as to be capable of being regularly maintained to ensure that they are at all times, in all respects, satisfactory for the vessel’s intended service.
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paragraphs: (1) A vessel, which undergoes repairs, alterations, modifications and outfitting related to it, shall continue to comply with the requirements previously applicable to that vessel.
(2) Repairs, alterations and modifications of a major character and outfitting related to a vessel shall meet the requirements for a new vessel only to the extent of such repairs, alterations and modifications and in so far as they are reasonable and practicable.
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paragraphs: (1) Every vessel shall be subject to the following surveys—
(a) an initial survey before the vessel is put into service or before a Fishing Vessel Safety Certificate is issued for the first time, which shall—
(i) include a complete survey of its structure, stability, machinery, fittings, arrangements and material, including the outside of the vessel’s hull and the inside and outside of the boilers and equipment in so far as the vessel is covered by these Regulations,
(ii) be such as to ensure that the arrangements, materials, and scantlings of the structure, boilers, and other pressure vessels and their appurtenances, main and auxiliary machinery, electrical installations, radio installations including those used in life-saving appliances, fire protection, fire safety systems and appliances, life-saving appliances and arrangements, ship borne navigation equipment, nautical publications and other equipment fully comply with the requirements of these Regulations,
(iii) be such as to ensure that the workmanship of all parts of the vessel and its equipment is in all respects satisfactory and that the vessel is provided with the lights, means of making sound signals and distress signals, required by these Regulations and the International Regulations for Preventing Collisions at Sea currently in force, and
(iv) be surveyed, where pilot transfer arrangements are carried, to ensure that they are in a safe working condition and comply with the requirements of SOLAS, and
(b) periodical surveys at the following intervals—
(i) 4 years with regard to the structure, including the outside of the vessel’s hull, and machinery of the vessel referred to in Parts 2, 3, 4, 5 and 6. As provided for in Regulation 11 the period may be extended for one year subject to the vessel being surveyed internally or externally as far as it is reasonable and practicable,
(ii) 2 years with regard to the equipment of the vessel referred to in Parts 2, 3, 4, 5, 6, 7 and 10, and
(iii) 2 years with regard to the radio installations, including those used in life-saving appliances, of the vessel referred to in Parts 7, 9 and 10.
(2) Periodical surveys shall ensure that the appropriate items referred to in paragraph (1)(a) fully comply with the applicable requirements of these Regulations, that the equipment is in good working order and that the stability information is readily available on board.
(3) In addition to the periodical survey required in paragraph (1)(b)(i), intermediate surveys with regard to the structure and machinery of the vessel at intervals of 2 years shall be carried out. The survey shall ensure that alterations, which would adversely affect the safety of the vessel or the crew, have not been made.
(4) The owner and skipper of a vessel, the subject of a survey under paragraph (1), shall ensure that the survey is carried out of the vessel.
(5) Application for a survey of a vessel under paragraph (1) shall be made to the Marine Survey Office of the Department by or on behalf of the owner of the vessel.
(6) A survey of a vessel shall be carried out by an authorised officer.
(7) An authorised officer—
(a) shall survey a vessel, after such plans, drawings, specifications, documents and other information, as the authorised officer may require, have been provided by the owner of the vessel,
(b) in order to ascertain whether a vessel complies with the requirements of these Regulations as apply to it, may require the vessel and any of it’s machinery, fittings and equipment to be submitted to such tests as he or she considers necessary, and
(c) if satisfied, after a periodical survey or intermediate survey, that the vessel complies with the relevant requirements of these Regulations, shall endorse a record of the survey in the space provided on a Fishing Vessel Safety Certificate and shall certify that the vessel was found to comply with the relevant requirements of these Regulations.
(8) In the cases of vessels classed with a recognised organisation, a surveyor appointed by that recognised organisation may survey the vessel in order to ascertain whether the vessel complies with such requirements of Parts 2 and 4 to it and for that purpose the surveyor may require the vessel and any of its machinery, fittings and equipment to be submitted to such tests as he or she considers necessary.
(9) (a) An authorised officer may for the purpose of a survey under this Regulation—
(i) board a vessel,
(ii) inspect and examine the vessel,
(iii) inspect and take copies of, or extracts from, records or documents pertaining to the vessel or its owner found on the vessel,
(iv) request any member of the crew of the vessel to furnish him or her with such information and to produce to him or her such records and documents in his or her possession or within his or her procurement, as he or she may reasonably require for the purpose of such functions, and
(v) detain the vessel at the place where it is found or direct that it be taken to the nearest convenient port if, in the opinion of the authorised officer, the vessel is in contravention of these Regulations and that the vessel is unfit to proceed on any voyage or excursion because of the danger to human life, or the marine environment, that the voyage or excursion would entail.
(b) When an authorised officer determines that the condition of the vessel or its equipment does not correspond substantially with the particulars of the Fishing Vessel Safety or Exemption Certificate relating to the vessel or is such that the vessel is not fit to proceed to sea without danger to the vessel, or persons on board, such authorised officer shall immediately direct that corrective action is taken and shall in due course notify the Minister.
(c) Where corrective action is not taken or not taken to the satisfaction of an authorised officer the relevant Fishing Vessel Safety Certificate shall be withdrawn and the Minister shall be notified immediately, and, if the vessel is in the port of another State, the appropriate authorities of the port State shall also be notified immediately.
(10) (a) The condition of the vessel and its equipment shall be maintained to conform with these Regulations to ensure that the vessel in all respects will remain fit to proceed to sea without danger to the vessel or persons on board.
(b) After any survey of the vessel under this Regulation has been completed, no change shall be made to the structural arrangements, machinery, equipment and other items covered by the survey, without the approval of the Minister.
(c) Whenever an accident occurs to a vessel or a defect is discovered, either of which affects the safety of the vessel or the efficiency or completeness of its life-saving appliances or other equipment-
(i) the skipper or owner of the vessel shall report at the earliest opportunity to the Marine Survey Office,
(ii) which office shall decide whether a survey, as required by this Regulation, is necessary, and
(iii) if the vessel is in a port of another State, the skipper or owner shall also report immediately to the appropriate authorities of the port State.
(11) The Minister may appoint in writing a person or a member of a class of persons to be an authorised officer for the purposes of these Regulations.
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paragraphs: (1) On completion of a survey under Regulation 7 for the grant or renewal of a Fishing Vessel Safety Certificate, the authorised officer concerned shall provide the Minister with a declaration of survey.
(2) An authorised officer shall complete and append to the declaration of survey a record of particulars and report in a format specified by the Minister. Such particulars may be given by attaching to the record of a survey a copy of the surveyor’s report and associated plans and documents, if any, and specifying in the record passages in the report in which the relevant particulars are given.
(3) Two copies of the record shall be sent to the owner of the vessel on the initial survey of the vessel which shall be produced for inspection and the addition of the surveyor’s report at subsequent surveys.
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paragraphs: (1) If the Minister is satisfied that the vessel has been duly surveyed in accordance with these Regulations and—
(a) complies with the applicable requirements of these Regulations, and