Shipping (Fishing
Vessels Safety Codes of Practice) (Jersey) Regulations 2015
Made 14th April 2015
Coming into force 14th
July 2015
THE STATES, in pursuance of Regulations 49 and 196 of the Shipping
(Jersey) Law 2002[1], have made the following
Regulations –
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[2] 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 and commencement
These Regulations may be cited as the Shipping (Fishing Vessels Safety
Codes of Practice) (Jersey) Regulations 2015 and shall come into force 3 months
after they are made.
L.-M. HART
Deputy Greffier of the States