Shipping (Fishing
Vessels Safety Codes of Practice) (Jersey) Regulations 2015
1 Fishing
vessels of less than 15 metres in length overall
(1) This Regulation applies
to any fishing vessel registered in Jersey, wherever the vessel may be, that is
less than 15 metres in length overall.
(2) For the purpose of
paragraph (1) the “length overall” of a fishing vessel shall
be determined in accordance with the Tonnage Regulations.
(3) Any fishing vessel to
which this Regulation applies must comply with the requirements of the Jersey
Fishing Vessels Code of Practice for the Safety of Small Fishing Vessels, as
amended from time to time by the Registrar and published in such way as the
Registrar best considers will bring the requirements to the attention of those
on whom they are imposed.
(4) Where any provision in
the Code referred to in paragraph (3) makes a reference to an action that
should be taken, that reference is to be taken to be a requirement.
2 Fishing
vessels of 15 metres or more overall but less than 24 metres in
length
(1) This Regulation applies
to any fishing vessel registered in Jersey, wherever the vessel may be, that is
15 metres or more in length overall but less than 24 metres in
registered length.
(2) For the purpose of
paragraph (1) the “length overall” of a fishing vessel shall
be determined in accordance with the Tonnage Regulations.
(3) Any fishing vessel to
which this Regulation applies must comply with the requirements of the Jersey
Code of Safe Working Practice for the Construction and Use of Fishing Vessels
of 15 Metres or More Overall but Less than 24 Metres in Registered
Length, as amended from time to time by the Registrar and published in such way
as the Registrar best considers will bring the requirements to the attention of
those on whom they are imposed.
(4) Where any provision in
the Code referred to in paragraph (3) makes a reference to an action that
should be taken, that reference is to be taken to be a requirement.
3 Inspection
and certificates
(1) Subject to paragraphs (2)
and (3), a fishing vessel to which Regulation 1 or 2 applies shall
not be taken to comply with the Code referred to in Regulation 1(3), or
2(3), as the case may be, unless there is in force, in relation to that fishing
vessel a certificate of compliance issued –
(a) by an
inspector or surveyor appointed by the Minister under Regulation 4 or
under Article 154 of the Law;
(b) following
examination of the fishing vessel by the inspector or surveyor.
(2) The Minister may grant,
on such terms as he or she may specify, an exemption for an individual fishing
vessel from a specified requirement of the Code which would otherwise apply in
relation to that fishing vessel by virtue of these Regulations;
(3) The Minister may extend
the period of validity of a certificate of compliance issued under paragraph (1),
or an exemption granted under paragraph (2), on such terms as he or she
may specify.
(4) The Minister may accept
as evidence a certificate of compliance issued otherwise than in accordance
with paragraph (1) which –
(a) in
the Minister’s opinion demonstrates that a fishing vessel complies with
requirements as to safety which are equivalent to, or more stringent than,
those in the Code which applies to the fishing vessel in question under
Regulation 1 or 2, as the case may be; and
(b) is in
force in relation to the fishing vessel in question.
4 Enforcement
and power to detain
(1) For the purpose of
enforcement of these Regulations a surveyor or inspector appointed by the
Minister shall have the power to inspect or detain a fishing vessel and have all
the powers of an inspector under the Shipping Law (Jersey) 2002.
(2) Article 177 of the
Shipping (Jersey)
Law 2002 shall have effect in relation to a fishing vessel detained under
these Regulations.
5 Offences
(1) If a fishing vessel to
which Regulation 1 applies is taken out to sea, or an attempt is made to
take it out to sea, when it does not comply with the Code referred to in
Regulation 1(3), the master and each owner of the vessel shall be guilty
of an offence and liable to imprisonment for a term of 2 years and a fine.
(2) If a fishing vessel in
respect to which Regulation 2 applies is taken out to sea, or an attempt
is made to take it out to sea, when it does not comply with the Code referred
to in Regulation 2(3), the master and each owner of the vessel shall be
guilty of an offence and liable to imprisonment for a term of 2 years and
a fine.
(3) It shall be a defence
to a charge under paragraph (1) or (2) to prove that the owner or
master took all reasonable steps to avoid committing the offence.
6 Citation
These Regulations may be cited as the Shipping (Fishing Vessels
Safety Codes of Practice) (Jersey) Regulations 2015.