S.I. No. 587/2001 - Fishing Vessel (Basic Safety Training) Regulations, 2001

I, FRANK FAHEY, Minister for the Marine and Natural Resources, in exercise of the powers conferred on me by section 19 of the Merchant Shipping Act, 1992 , as amended by section 44 of the Merchant Shipping (Investigation of Marine Casualties) Act, and the Marine (Alteration of Name of Department and Name of Minister) Order 1997 ( S.I. No. 301 of 1997 ), hereby make the following Regulations:

Citation and commencement

1.      (1)      These Regulations may be cited as the Fishing Vessel (Basic Safety Training) Regulations, 2001.

(2)     These Regulations come into operation on 1 March 2002.

Interpretation

2.       (1)     In these Regulations, unless the context otherwise requires:

“basic safety training” shall be construed in accordance with Regulation 4;

“BIM” means Bord Iascaigh Mhara;

“BIM Commercial Fishing Training Record Book” means a book, as approved by the Minister and issued by BIM, containing a record of all fisheries-related certificates and qualifications awarded;

“crew member” means the skipper or any other person gainfully employed or engaged by the owner or skipper in any capacity on board a fishing vessel;

“fishing vessel” means any vessel designed, equipped or used commercially for catching or taking fish or other living resources of the sea (including the sea bed) but does not include a vessel that is registered under the law of any State, other than the State;

“new entrant” means a person who is for the first time gainfully employed or engaged as a crew member;

“serving crew member” means a crew member who is not a new entrant.

(2)      In these Regulations, unless otherwise indicated-

(a)      a reference to a Regulation is a reference to a Regulation of these Regulations;

(b)      a reference to a paragraph is to a paragraph of the Regulation in which the reference occurs.

Application

3.      (1)      Subject to paragraph (2), these Regulations apply to all crew members of fishing vessels.

(2)     These Regulations do not apply to a crew member who can provide evidence of having completed approved training in Personal Survival Techniques, First Aid and Fire Fighting required for fishing vessel officer certificates of competency issued under the Fishing Vessels (Certification of Deck Officers and Engineer Officers) Regulations, 1988 ( S.I. No. 289 of 1988 ).

(3)     Crew members complying with (2) of this Regulation are eligible for the issuance of a BIM Commercial Fishing Training Record Book on completion of an application form signed by the applicant, the details of which are verified by an authorised BIM official.

Basic Safety Training

4.      (1)     Every crew member of a fishing vessel shall undertake basic safety training as set out in this Regulation.

(2)     Basic safety training shall consist of the following 3 training units-

(a)      personal survival techniques, including man overboard techniques,

(b)     elementary first aid, and

(c)      fire prevention, health and safety training,

and shall be held in such establishments, to such standards, under such conditions and for such duration as BIM may approve and determine.

(3)     The dates by which basic safety training must have been completed by each crew member are specified in the Table to this Regulation.

(4)     A crew member who has not successfully completed basic safety training by the date specified in the Table shall not work on board a fishing vessel.

TABLE

BIM Commercial Fishing Training Record Book

5.      (1)      On successful completion of the basic safety training defined in paragraph 4(2), a Commercial Fishing Training Record Book shall be issued to each participant by BIM on completion of an application form signed by the applicant, the details of which are verified by an authorised BIM official.

(2)     All fisheries-related certificates and qualifications issued by the appropriate authorities shall be verified and recorded in the BIM Commercial Fishing Training Record Book by an authorised BIM official.

EXPLANATORY NOTE

(THIS NOTE IS NOT PART OF THE INSTRUMENT AND DOES NOT PURPORT TO BE A LEGAL INTERPRETATION)

These Regulations require all crew members of a fishing vessel to undertake basic safety training before going to sea for the first time and also require all serving crew members to undertake basic safety training on a phased basis between 2003 and 2008