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(1)

1977

Final Act of the Conference, with attachments, including

the

Torremolinos International Convention for the

Safety of Fishing Vessels, 1977

Reprinted 1983

P1977-4

TECHNISCHE UNIVERSITEIT Laboratorium moor Scheepshydromechan;ca Archlef Mekelweg 2, 2628 CD Delft Tel.: 015- 78587:3 - Fax: 015- 781833 INTERNATIONAL CONFERENCE ON

(2)

NOTE

The name of the Organization as defined in this publication was changed to the

"INTERNATIONAL MARITIME ORGANIZATION"

by virtue of amendments to the

Organiza-tion's Convenion which entered into force on 22 May 1982.

Printed and published by the International Maritime Organization,

(3)

Attachment 1Torremolinos International Convention for

the Safety of Fishing Vessels, 1977 23

Articles 23

Annex Regulations for the Construction and Equipment

of Fishing Vessels 31

Chapter I General Provisions (Regulations 1 11) 31

Chapter II Construction, Watertight Integrity and

Chapter III Stability and Associated Seaworthiness

(Regulations 27 40)

CONTENTS

Page

Final Act of the Conference 1

Equipment (Regulations 12 26) 43

51

Chapter IV Machinery and Electrical Installations and

Periodically Unattended Machinery Spaces

(Regulations 41 62) 57

Part A General 57

Part B Machinery Installations 59

Part C Electrical Installations 68

Part D Periodically Unattended Machinery Spaces 73

Chapter V Fire Protection, Fire Detection, Fire

Extinction and Fire Fighting

(Regulations 63 105) 78

Part A Fire Safety Measures in Vessels of

55 Metres in length and over 78

Part B Fire Safety Measures in Vessels of

Less than 55 Metres in Length 102

Chapter VI Protection of the Crew

(Regulations 106 109) 114

Chapter VII Life-Saving Appliances

(Regulations 110 124) 116

Chapter VIII Emergency Procedures, Musters and Drills

(4)

Chapter IX Radiotelegraphy and Radiotelephony

(Regulations 128 146) 128

Part A Application and Definitions 128

Part B Watches 130

Part C Technical Requirements 132

Part D Radio Logs 144

Chapter X Shipborne Navigational Equipment

(Regulations 147 154) 146

Appendix 1 Certificates 149

Appendix 2 Specification for Life-Saving Appliances 153

Attachment 2 Summary of Survival Craft and Rescue Boat

Equipment 172

Attachment 3 Recommendations by the Conference 174

Attachment 4 Resolutions by the Conference 187

Conference Secretariat 204

Attachment 5 Understanding of the Conference in Relation to Participation in the Convention and the Performance of Depositary Functions in Relation thereto by the Secretary-General of the Inter-Governmental

Maritime Consultative Organization (IMCO) 193

(5)

FINAL ACT OF THE INTERNATIONAL CONFERENCE ON SAFETY OF FISHING VESSELS, 1977

Pursuant to Resolution A.369(IX) of 14 November 1975 adopted by the Assembly of the Inter-Governmental Maritime Consultative Organization, the Council of the Organization decided, at its thirty-sixth session in June 1976, to convene a diplomatic conference to consider the adoption of a convention for the safety of fishing vessels.

Upon the invitation of the Government of Spain, the Conference was held in Torremolinos from 7 March to 2 April 1977. The following States were represented at the Conference by delegations:

Argentina Australia Belgium Brazil

Byelorussian Soviet Socialist Republic Canada Chile Cuba Denmark Finland France

German Democratic Republic Germany, Federal Republic of Greece Iceland India Indonesia Iran Ireland Italy Ivory Coast Japan Kenya

The Government of Kuwait was represented at the Conference by an Observer.

At the invitation of the Organization, the following organizations in the United Nations system sent Representatives to the Conference:

International Labour Organisation (ILO) Food and Agriculture Organization (FAO)

The following non-governmental organizations sent Observers to the Conference:

International Radio-Maritime Committee (CIRM) Liberia

Libyan Arab Republic Mexico Morocco Netherlands New Zealand Nigeria Norway Panama Poland Senegal Spain Surinam Sweden Thailand Tunisia

Ukrainian Soviet Socialist Republic Union of Soviet Socialist

Republics

United Kingdom of Great Britain and Northern Ireland

United Republic of Cameroon United States of America Yugoslavia

(6)

International Association of Classification Societies (IACS) International Federation of Shipmasters' Associations (IFSMA)

Mr. L. Mayans, Head of the delegation of Spain, was elected President of the Conference.

Mr. H. R. Bardarson, Head of the delegation of Iceland, was elected First Vice-President and Rapporteur of the Conference.

The following were elected Vice-Presidents: Captain H. E. F. Ghersa (Argentina) Captain S. Tardana (Indonesia)

Lieutenant Captain A. Bina-ye-motlagh (Iran) Mr. T. A. Olukoga (Nigeria)

Mr. G. V. Zhigalov (USSR)

The Secretariat of the Conference consisted of the following officers: Secretary-General: Mr. C. P. Srivastava

Secretary-General of the Organization Executive Secretary: Captain G. Kostylev

Secretary of the Maritime Safety Committee

Deputy Executive Secretary: Mr. J. L. E. Jens Deputy Director, Head,

Marine Technology Division

The Conference established the following Committees with officers .as indicated: Steering Committee Chairman: Committee I Chairman: Vice-Chairman: Committee II Chairman: Vice-Chairman: Committee III Chairman: Vice-Chairman: Mr. L. Mayans (Spain) President of the Conference Mr. R. C. Mohan (India) Mr. R. Vancraeynest (Belgium)

Mr. W. A. Cleary (United States) Mr. J. F. Iriarte (Argentina)

Mr. W. E. Bonn (Canada) Mr. H. El Alaoui (Morocco)

Committee IV

Chairman: Captain B. Masson

(Federal Republic of Germany) Vice-Chairman: Mr. M. C. Boisgerault (France)

(7)

Committee V

Chairman: Mr. E. Salvesen (Norway)

Vice-Chairman: Mr. W. Plawski (Poland) Drafting Committee

Chairman: Mr. M. J. Service (United Kingdom)

Vice-Chairman: Mr. F. Embola Elombo

(United Republic of Cameroon) Credentials Committee

Chairman: Captain L. Jimenez Fernandez

(Mexico)

Vice-Chairman: Mr. N. Odero (Kenya)

11. The Conference had before it and used as a basis for its discussions a draft International Convention for the Safety of Fishing Vessels, prepared by the Sub-Committee on Safety of Fishing Vessels of the Maritime Safety Committee of the Inter-Governmental Maritime Consultative Organization and approved by the Maritime Safety Committee;

a set of draft Illustrations of Terms Used in the Definitions of the draft Convention;

a number of draft Recommendations and draft Resolutions;

comments and observations on, and suggested amendments to, the draft Convention submitted to the Conference by Governments and interested organizations.

As a result of its deliberations, recorded in the reports of the respective Committees, and in the records of the plenary sessions, the Conference adopted the Torremolinos International Convention for the Safety of Fishing Vessels, 1977, which constitutes Attachment 1 to the Final Act.

The Conference also adopted a Summary of Survival Craft and Rescue Boat Equipment as detailed in Appendix 2 of the Annex to the Convention which is contained in Attachment 2 to this Final Act.

The Conference further adopted the following Recommendations

which are contained in Attachment 3 to this Final Act:

Recommendation 1: Guidance on a Method of Calculation of the Effect

of Severe Wind and

Rolling in

Associated Sea Conditions

Recommendation 2: Guidance on a Method of Calculation of the Effect of Water on Deck

Recommendation 3: Guidance Relating to Ice Accretion Recommendation 4: Guidance on Stability Information

(8)

Recommendation 5: Guidance on a Method of Calculation of Bow Height

Recommendation 6: Guidance on Subdivision and Damage Stability Calculations

Recommendation 7: Guidance for Precautions Against Freezing of Fire Mains

Recommendation 8: Guidance Concerning the Use of Certain Plastic Materials

Recommendation 9: Guidance on a Method of Calculation of the Minimum Distance from the Deepest Operating Waterline to the Lowest Point of the Top of the Bulwark or to the Edge of the Working Deck

Recommendation 10: Guidance for Determining the Minimum Normal Range of Transmitters

Recommendation 11: Guidance for Determining the Electrical Load of the Reserve Source of Energy of Radio

Installations

Recommendation 12: Guidance on Transmitter Radio Frequency Power and Receiver Sensitivity of VHF Radiotelephone Installations

15. The Conference further adopted the following Resolutions which are

contained in Attachment 4 to this Final Act:

Recommendation on Requirements for Fishing Vessels of Novel Design

Recommendation on Further Improvement of Stability Provisions for Fishing Vessels

Recommendation Concerning the Development of Refrigerants for Fishing Vessels

Recommendation on International Shore Con-nexion in Fishery Ports

Recommendation on Life-Saving Appliances Recommendation Concerning the Use of High Frequency Maritime Mobile Radiotelephone Bands for Safety Purposes

Resolution 7: Recommendation on the Application of Radio Requirements to Existing Fishing Vessels Resolution 8: Recommendation on Training and Certification

of Crews of Fishing Vessels Resolution 1: Resolution 2: Resolution 3: Resolution 4: Resolution 5: Resolution 6:

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Resolution 9:

Resolution 10:

Resolution 11:

Recommendation Concerning the Co-ordination of Collation of Statistical Data in Relation to Fishing Vessels

Recommendation Concerning the Development

of Safety Standards for Decked Fishing

Vessels of less than 24 metres in Length

Appreciation to the Government of Spain

The Conference agreed upon an Understanding

in Relation to

Participation of States in the Convention and the Performance of Depositary Functions by the Secretary-General of the Inter-Governmental Maritime Consultative Organization, the text of which is contained in Attachment 5 to this Final Act.

The Conference also agreed that the footnotes added to a number of provisions contained in the Annex of the Convention did not form part of the Convention but were inserted merely for ease of reference and invited the Secretary-General of the Inter-Governmental Maritime Consultative Organization to alter and update these footnotes as and when appropriate. This Final Act is established in a single original text in the English,

French, Russian and Spanish languages and is

deposited including its

Attachments with the Secretary-General of the Inter-Governmental Maritime Consultative Organization.

The Secretary-General of the Inter-Governmental Maritime Consultative Organization shall send certified copies of this Final Act with its Attachments 2 to 5, certified copies of the authentic texts of the Convention and, when they have been prepared, of the official translations of the Convention, to the Governments of the States invited to be represented at the Conference, in accordance with the wishes of those Governments.

IN WITNESS WHEREOF the undersigned have affixed their signatures to this Final Act.

DONE AT TORREMOLINOS this second day of April one thousand nine hundred and seventy-seven.

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PRESIDENT PRESIDENT RPESCEI1ATEJ16

PRESIDENTE

SECRETARY-GENERAL OF THE INTER-GOVERNMENTAL MARITIME CONSULTATIVE ORGANIZATION

SECRETAIRE GENERAL DE L'ORGANISATION INTERGOUVERNEMENTALE CONSULTATIVE DE LA NAVIGATION MARITIME

PEREPATIBI-581 CEKPETAPb MEETABHTERE.CTBEHHOR mopcKoR KOHCT1bTATHBH02 OPrARH3A1IMH

SECRETARIO GEYERAL DE LA ORGANILACION CONSULTIVA MARITIMA INTERGUBERNAMENTAL

/

:

EXECUTIVE SECRETARY OF THE CONFERENCE

SECRETAIRE EXECUTIF DE LA CONFERENCE

HCHORHHTERbHUR CEKPETAPb KOHOEPEHIIHM

SECRETARIO EJECUTIVO DE LA CONFERENCIA

DEPUTY EXECUTIVE SECRETARY OF THE CONFERENCE SECRETAIRE EXECUTIF ADJOINT DE LA CONFERENCE 3AMECTHTERb HCEOURHTEABH0F0 CEKPETAPH KOHOEPEHUHH

SECRETARIO EJECUTIVO ADJUNTO DE LA CONFERENCIA

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(11)

FOR ARGENTINA: POUR L,ARGENTINE. 3A APFEHTERY: OR LA ARGENTINA: FOR AUSTRALIA: POUR L'AUSTRALIE: 3A ABOTPAJIME: POR AUSTRALIA: FOR BELGIUM: POUR LA BELGIQUE: 3A BETWHO: BELGICA:

(12)

FOR BRAZIL: POUR LE BRESIL:

3A EPA3MBHM: POR EL BRASIL:

FOR THE BYELORUSSIAN SOVIET SOCIALIST REPUBLIC:

POUR LA REPUBLIQUE SOCIALISTE SOVIETIQUE DE BIELORUSSIE:

3A BEHOPYCCKYM COBETCKYNO COUHATIHCTMECKYD PECIIYMHKY:

FOR LA REPUBLICA SOCIAIISTA SOVIETICA DE BIELORRUSIA:

FOR CANADA:

POUR LE CANADA:

3A '<MAZY: FOR EL CANADA:

(13)

FOR CHILE: POUR LE CHILI: 3A POP CHILE: FOR CUBA: POUR CUBA: 3A ICYEY: POP CUBA: FOR DENMARK: POUR LE DANEMARK : 3A AAH110: POP DINAYARCA:

(14)

FOR FINLAND: POUR LA FINLANDE: 3A OHILRAMENO: FOR FINLANDIA: FOR FRANCE: POUR LA FRANCE: 3A OPAHUNIO: FOR FRANCIA:

ifi4?let,

FOR THE GERMAN DEMOCRATIC REPUBLIC: POUR LA REPUBLIQUE DEMOCRATIQUE ALLEMANDE: 3A rEPMARCKYM ZEMOKPATINECKY10 PECUBURKY:

(15)

FOR THE FEDERAL REPUBLIC OF GERMANY: POUR LA REPUBLIQUE FEDERALE D'ALLEMAGNE:

3A OEZEPATIMHYM PECHYBJWIY PEPMAHHH:

FOR LA REFUBLICA FEDERAL DE ALENANIA:

44,r,44,

boats.

FOR GREECE: POUR LA GRECE: 3A PPEUHIO: POE CIA: FOR ICELAND: POUR L'ISLANDE: 3A picriAlum: FOR ISLANDIA:

(16)

FOR INDIA: POUR L'INDE: 3A Haaptio: FOR LA INDIA: FOR INDONESIA: POUR L'INDONESIE: 3A NHAOHE3H1O: POR INDONESIA: FOR IRAN: POUR L'IRAN: 3A HPAR: POR EL IRAN:

(17)

FOR IRELAND: POUR L'IRLANDE: 3A KNIAHIWM: POR IRLANDA: FOR ITALY: POUR L'ITALIE: 3A HTAAHD: FOR ITALIA:

FOR THE IVORY COAST: POUR LA COTE D'IVOIRE: 3A REPEr CROHOWn KOCTH:

FOR LA COSTA DE MAFIL:

Jtt,Lqr

(18)

FOR JAPAN: POUR LE JAPON: 3A fillOHHIO: FOR EL JAPON

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)ti-FOR KENYA: POUR LE KENYA: 3A ICEFR4f0: PO R KENYA : FOR LIBERIA: POUR LE LIBERIA: 3A IIMBEP110: FOR LIBERIA:

(19)

FOR THE LIBYAN ARAB REPUBLIC: POUR LA REPUBLIQUE ARABE LIBYENNE:

3A HHBH1ICKY10 APABCKYM PECHYSHHKY:

FOR LA REPUBLICA ARABE LIBIA:

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FOR MEXICO: POUR LE MEXIQUE: 3A MEKCHKY: FOR MEXICO: G2-c-7

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FOR MOROCCO: POUR LE MAROC: 3A mApcaxo: FOR MARRUECOS:

(20)

FOR THE NETHERLANDS: POUR LES PAYSHAS:

3A maRrIAKIN:

POR LOS PAISES BAJOS:

FOR NEW ZEALAND:

POUR LA NOUVELLEZELANDE:

3A HOB310 3E-nAii,DafflO:

POR NUEVA ZELANDIA:

FOR NIGERIA: POUR LE NIGERIA:

3A HHCEP1110:

(21)

FOR NORWAY: POUR LA NORVEGE: 3A HOPSEP11/0: POE NORUEGA: E FOR PANAMA: POUR LE PANAMA: 3A NAHAMY: POR PANAMA:

X

etii FOR POLAND: POUR LA POLOGNE: 3A narlbUIY: FOR POLONIA :

(22)

FOR SENEGAL: POUR LE SENEGAL: 3A CEHETAU : FOR EL SENEGAL: FOR SPAIN: POUR L ' ESPAGNE: 3A HalAHM: POR ESPA&A: FOR SURINAM: POUR LE SURINAM 3A CYPHHAM: POE SURI§

(23)

FOR SWEDEN: POUR LA SUEDE: 3A MEHHIO: PO R SUECIA: 26*e-1.--FOR THAILAND: POUR LA THAILANDE: 3A TAMAHZ: POR TAILANDIA: FOR TUNISIA: POUR LA TUNISIE: 3A TYHHC: PO R TUNEZ:

(24)

FOR THE UKRAINIAN SOVIET SOCIALIST REPUBLIC: POUR LA REPUBLIQUE SOCIALISTE SOVIETIQUE D'UKRAINE: 3A YKPAHHCKYKI COBETCKA1 COUWUMICTHNECKYM PECIaBIWY:

POR LA REPUBLICA SOCIALISTA SOVIETICA DE UCRANIA:

FOR THE UNION OF SOVIET SOCIALIST REPUBLICS:

POUR L'UNION DES REPUBLIQUES SOCIALISTES SOVIETIQUES: 3A COM3 COBETCKHK COHHATIRCTRUCKHK PECHYBEHX:

POR LA UNION DE REPUBLICAS SOCIALISTLS SGVIETICAS:

FOR THE UNITED KINGDOM CF GREAT BRITAIN AND NORTHERN IRELAND: POUR LE ROYAUME-UNI DE GRANDE-BRETAGNE ET D'IRLANDE DU NORD: 3A COURBEHNOE KOPOBEBCTBO 8EAMKOBPITDUR4H H CEBEPHOR HPBAHHHH:

(25)

FOR THE UNITED REPUBLIC OF CAMEROON: POUR LA REPUBLIQUE-UNIE DL CAMEROUN: 3A OBbEgHBEHHYM PECUMBRY KAMEPYR: POR LA REPUBLICA UNIDA DEL CAMERUN:

FOR THE UNITED STATES OF AMERICA: POUR LEG ETATS-UNIS D'AMERIQUE: 3A COEHMHEHHhIE =AM AMEPHKH:

FOR LOS ESTADOS UNI,JOS DE AMERICA:

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FOR YUGOSLAVIA: POUR LA YOUGOSLAVIE: 3A MC-LAMM:

(26)

ATTACHMENT I TORREMOLINOS INTERNATIONAL CONVENTION FOR THE

SAFETY OF FISHING VESSELS, 1977

THE PARTIES TO THE CONVENTION,

DESIRING to promote the safety of ships in general and the safety of fishing vessels in particular,

BEARING IN MIND the outstanding contribution of the International

Conventions for the Safety of Life at Sea and also the International

Conventions on Load Lines in promoting the safety of ships,

RECOGNIZING that fishing vessels are exempt from almost all the requirements of those International Conventions,

DESIRING THEREFORE to establish in common agreement uniform principles and rules concerning the construction and equipment of fishing vessels directed to the safety of such vessels and their crews,

CONSIDERING that this end may best be achieved by the conclusion of a Convention,

HAVE AGREED as follows:

ARTICLE 1

General Obligations under the Convention

The Parties shall give effect to the provisions of the Convention and the Annex thereto, which shall constitute an integral part of the Convention. Unless expressly provided otherwise, a reference to the Convention constitutes at the same time a reference to the Annex.

ARTICLE 2 Definitions

For the purpose of the Convention, unless expressly provided otherwise: "Party" means a State for which the Convention has entered into force.

"Fishing vessel" or "vessel" means any vessel used commercially for catching fish, whales, seals, walrus or other living resources of the sea.

"Organization" means the Inter-Governmental Maritime

(27)

"Secretary-General" means the Secretary-General of the Organization.

"Administration" means the Government of the State whose flag the vessel is entitled to fly.

ARTICLE 3 Application

The Convention shall apply to seagoing fishing vessels entitled to fly the flag of a State which is a Party.

ARTICLE 4 Certification and Control

Subject to the provisions of paragraph (2), a certificate issued under the authority of a Party in accordance with the provisions of the Convention shall be accepted by the other Parties and regarded for all purposes covered by the Convention as having the same validity as a certificate issued by them.

Every vessel holding a certificate issued under Regulation 7 or 8 is subject, in the ports of other Parties, to control by officers duly authorized by such Parties in so far as this control is directed towards verifying that there is on board a valid certificate. Such certificate shall be accepted unless there are clear grounds for believing that the condition of the vessel or its equipment does not correspond substantially with the particulars of that certificate. In that case, or if there is not a valid certificate, the officer carrying out the control shall forthwith inform the Consul or, in his absence, the diplomatic representative of the Party whose flag the vessel is entitled to fly, of all the circumstances for which corrective action by that Party would be deemed necessary and the facts shall be reported to the Organization. The officer carrying out the control shall take such steps as will ensure that the vessel shall not sail until it can proceed to sea without danger to the vessel or persons on board.

ARTICLE 5 Force Majeure

A vessel which is not subject to the provisions of the Convention or which is not required to hold a certificate in accordance with the provisions of the Convention at the time of its departure on any voyage shall not become subject to such provisions on account of any deviation from its intended voyage due to stress of weather or any other cause of force majeure.

Persons who are on board a vessel by reason of force majeure or in consequence of the obligation to carry shipwrecked or other persons shall not be taken into account for the purpose of ascertaining the application to the vessel of any provisions of the Convention.

(28)

ARTICLE 6

Communication of Information

(1) The Parties shall communicate to the Organization:

the text of laws, orders, decrees, regulations and other instruments which have been promulgated on the various matters within the scope of the Convention;

a list of non-governmental agencies which are authorized to act on their behalf in matters relating to the design, construction and equipment of vessels in accordance with the provisions of the Convention; and

a sufficient number of specimens of their certificates issued under the provisions of the Convention.

(2) The Organization shall notify all

Parties of the receipt of any

communication under paragraph (1)(a) and shall circulate to them any

information communicated to it under paragraph (1)(b) and (c).

ARTICLE 7

Casualties to Fishing Vessels

Each Party shall arrange for an investigation of any casualty occurring to any of its vessels subject to the provisions of the Convention, when it judges that such an investigation may assist in determining what changes in the Convention might be desirable.

Each Party shall supply the Organization with pertinent information concerning the findings of such investigation for circulation to all Parties. No reports or recommendations of the Organization based upon such information shall disclose the identity or nationality of the vessels concerned, or in any manner fix or imply responsibility upon any vessel or person.

ARTICLE 8

Other Treaties and Interpretation

Nothing in this Convention shall prejudice the codification and development of the law of the sea by the United Nations Conference on the Law of the Sea convened pursuant to Resolution 2750 (XXV) of the General Assembly of the United Nations nor the present or future claims and legal views of any State concerning the law of the sea and the nature and extent of coastal and flag State jurisdiction.

(29)

ARTICLE 9

Signature, Ratification, Acceptance, Approval and Accession

(1) The Convention shall remain open for signature at the Headquarters of

the Organization from 1 October 1977 until 30 June 1978 and shall thereafter remain open for accession. All States may become Parties to the Convention by:

signature without reservation as to ratification, acceptance or approval; or

signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or

accession.

(2) Ratification, acceptance, approval or accession shall be effected by the

deposit of an instrument to that effect with the Secretary-General.

(3) The Secretary-General shall inform all States which have signed the

Convention or acceded to it of any signature or of the deposit of any new instrument of ratification, acceptance, approval or accession and the date of its deposit.

ARTICLE 10 Entry into Force

The Convention shall enter into force 12 months after the date on which

not less than 15 States have either signed it without reservation as to

ratification, acceptance,

or approval or have deposited

the requisite

instruments of ratification, acceptance, approval or accession in accordance with Article 9, the aggregate of whose fleets of fishing vessels constitutes not less than 50 per cent by number of the world's fleet of fishing vessels of 24 metres in length and over.

The Organization shall inform the States which have signed the

Convention or acceded to it of the date on which it enters into force.

For States which have deposited an instrument of ratification,

acceptance, approval or accession in respect of the Convention after the requirements for entry into force thereof have been met but prior to the date of entry into force, the ratification, acceptance, approval or accession shall take effect on the date of entry into force of the Convention or three months after the date of deposit of the instrument, whichever is the later date.

For

States which have

deposited an instrument of ratification,

acceptance, approval or accession after the date on which the Convention entered into force, the Convention shall become effective three months after

(30)

(5) After the date on which all the conditions required under Article 11 to

bring an amendment to the Convention into force have been fulfilled, any instrument of ratification, acceptance, approval or accession deposited shall apply to the Convention as amended.

ARTICLE 11 Amendments

The Convention may be amended by either of the procedures specified in this Article.

Amendments after consideration within the Organization:

Any amendment proposed by a Party shall be submitted to the Secretary-General, who shall then circulate it to all Members of the Organization and to all the Parties at least six months prior to its consideration.

Any amendment proposed and circulated as above shall be

referred to the Maritime Safety Committee of the Organization for consideration.

Parties whether or not Members of the Organization, shall be entitled to participate in the proceedings of the Maritime Safety Committee for the consideration and adoption of amendments. Amendments shall be adopted by a two-thirds majority of the Parties present and voting in the Maritime Safety Committee expanded as provided for in sub-paragraph (c) (hereinafter referred to as "the expanded Maritime Safety Committee") on condition that at least one-third of the Parties shall be present at the time of voting.

Amendments adopted in accordance with sub-paragraph (d) shall be communicated by the Secretary-General to all the Parties.

(0 (i) An amendment to an Article or to Regulations 1 and 3 to 11

shall be deemed to have been accepted on the date on which it is accepted by two-thirds of the Parties.

(ii) An amendment to the Annex other than to Regulations 1 and 3 to 11 shall be deemed to have been accepted:

(aa) at the end of two years from the date on which it is

communicated to the Parties for acceptance; or

(bb) at the end of a different period, which shall not be less

than one year,

if so determined at the time of its

adoption by a two-thirds majority of the Parties present and voting in the expanded Maritime Safety Committee. However, if within the specified period either more than

(31)

one-third of the Parties, or Parties the aggregate of whose fleets of fishing vessels constitutes not less than 50 per cent by number of the fleet of fishing vessels of all the Parties of 24 metres in length and over, notify the Secretary-General that they object to the amendment, it shall be deemed not to have been accepted.

(iii) An amendment to an Appendix to the Annex shall be deemed to have been accepted at the end of a period to be determined by the expanded Maritime Safety Committee at the time of its adoption, which period shall be not less than ten months, unless within that period an objection is communicated to the Organization by not less than one-third of the Parties, or

Parties the aggregate of whose fleets of fishing vessels

constitutes not less than 50 per cent by number of the fleet of fishing vessels of all the Parties of 24 metres in length and over.

(g) (i) An amendment to an Article or to Regulations 1 and 3 to 11

shall enter into force with respect to those Parties which have accepted it, six months after the date on which it is deemed to have been accepted, and with respect to each Party which accepts it after that date, six months after the date of that Party's acceptance.

(ii) An amendment to the Annex other than to Regulations 1 and 3 to 11 and to an Appendix to the Annex shall enter into force with respect to all Parties, except those which have objected to the amendment under sub-paragraphs (f)(ii) and (iii) and which have not withdrawn such objections, six months after

the date on which it

is deemed to have been accepted.

However, before the date set for entry into force any Party may give notice to the Secretary-General that it exempts itself from giving effect to that amendment for a period not longer than one year from the date of its entry into force, or for such longer period as may be determined by a two-thirds majority of the Parties present and voting in the expanded Maritime

Safety Committee at the time of the adoption of the

amendment.

(3) Amendment by a Conference:

Upon the request of a Party concurred in by at least one-third of the Parties, the Organization shall convene a Conference of the Parties to consider amendments to the Convention.

Every amendment adopted by such a Conference by a two-thirds majority of the Parties present and voting shall be communicated by the Secretary-General to all the Parties for acceptance.

Unless the Conference decides otherwise, the amendment shall be

deemed to have been accepted and shall enter into force in

accordance with the procedures specified in paragraph (2)(f) and (g) respectively, provided that references in those sub-paragraphs to

(32)

the expanded Maritime Safety Committee shall be taken to mean references to the Conference.

(4) Any Party which has declined to accept the amendment to the Annex

shall be deemed not to be a Party for the purpose of application of that amendment.

(5) Unless expressly provided otherwise, any amendment to the Convention

which relates to the structure of a vessel, shall apply only to vessels for which, on or after the date of entry into force of the amendment:

the keel is laid; or

construction identifiable with a specific vessel begins; or

assembly has commenced comprising at least 50 tonnes or 1 per cent of the estimated mass of all structural material; whichever is the less.

(6) Any declaration of acceptance of, or objection to, an amendment or any

notice given under paragraph (2)(g)(ii) shall be submitted in writing to the Secretary-General who shall inform all the Parties of any such submission and of the date of its receipt.

(7) The Secretary-General shall inform all the Parties of any amendments

which enter into force, together with the date on which each such amendment enters into force.

ARTICLE 12 Denunciation

The Convention may be denounced by any Party at any time after the expiry of five years from the date on which the Convention enters into force for that Party.

Denunciation shall be effected by notification in writing to the Secretary-General who shall inform all other Parties of any such notification received and of the date of its receipt as well as the date on which such denunciation takes effect.

A denunciation shall take effect 12 months after receipt of the

notification of denunciation by the Secretary-General or after the expiry of any longer period which may be indicated in the notification.

ARTICLE 13 Deposit and Registration

(1) The Convention shall be deposited with the Secretary-General who shall

transmit certified true copies thereof to all the States which have signed the Convention or acceded to it.

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(2) As soon as the Convention enters into force, the text shall be transmitted by the Secretary-General to the Secretary-General of the United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations.

ARTICLE 14 Languages

The Convention is established in a single copy in the English, French, Russian and Spanish languages, each text being equally authentic. Official translations in the Arabic, German and Italian languages shall be prepared and deposited with the signed original.

IN WITNESS WHEREOF the undersigned, being duly authorized by their respective Governments for that purpose, have signed the Convention.* DONE AT TORREMOLINOS this second day of April one thousand nine hundred and seventy-seven.

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ANNEX

REGULATIONS FOR THE CONSTRUCTION AND EQUIPMENT OF FISHING VESSELS

CHAPTER I

GENERAL PROVISIONS

Regulation 1 Application

Unless expressly provided otherwise, the provisions of this Annex shall apply to new fishing vessels of 24 metres in length and over, including vessels also processing their catch.

The provisions of this Annex shall not apply to vessels exclusively used: for sport or recreation;

for processing fish or other living resources of the sea; for research and training; or

as fish carriers.

Regulation 2 Definitions

(1) "New vessel" is a fishing vessel for which, on or after the date of entry

into force of the Convention:

the building or major conversion contract is placed; or

the building or major conversion contract has been placed before

the date of entry into force of the Convention, and which is

delivered three years or more after the date of such entry into force; or

in the absence of a building contract: the keel is laid; or

construction identifiable with a specific vessel begins; or assembly has commenced comprising at least 50 tonnes or

1 per cent of the estimated mass of all structural material; whichever is the less.

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"Existing vessel" is a fishing vessel which is not a new vessel. "Approved" means approved by the Administration.

"Crew" means the skipper and all persons employed or engaged in any capacity on board a vessel on the business of that vessel.

"The length (L)" shall be taken as 96 per cent of the total length on a waterline at 85 per cent of the least depth measured from the keel line, or as the length from the foreside of the stem to the axis of the rudder stock on that waterline, if that be greater. In vessels designed with rake of keel the waterline on which this length is measured shall be parallel to the designed waterline. "The forward and after perpendiculars" shall be taken at the forward and after ends of the length (L). The forward perpendicular shall be coincident with the foreside of the stem on the waterline on which the length is measured.

"The breadth (B)" is the maximum breadth of the vessel, measured amidships to the moulded line of the frame in a vessel with a metal shell and to the outer surface of the hull in a vessel with a shell of any other material.

"The depth (D)" is the vertical distance measured amidships from the keel line to the top of the working deck beam at side.

In vessels having rounded gunwales, the depth shall be 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.

Where the working deck is stepped and the raised part of the deck extends over the point at which the depth is to be determined, the depth shall be measured to a line of reference extending from the lower part of the deck along a line parallel with the raised part. "Deepest operating waterline" is the waterline related to the maximum permissible operating draught.

"Amidships" is the mid-length of L.

"Midship section" is that section of the hull defined by the intersection of the moulded surface of the hull with a vertical plane perpendicular to the waterline and centreline planes passing through amidships.

"Keel line" is the line parallel to the slope of keel passing amidships through:

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; or

the rabbet lower line of the keel of a vessel with a shell of wood or a composite vessel; or

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(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.

(13) "Baseline" is the horizontal line intersecting at amidships the keel line. (14) "Working deck" is generally the lowest complete deck above the deepest operating waterline from which fishing is undertaken. In vessels fitted with two or more complete decks, the Administration may accept a lower deck as a

working deck provided that that deck is situated above the deepest operating waterline.

(15) "Superstructure" is the decked structure on the working deck extending from side to side of the vessel or with the side plating not being inboard of the shell plating more than 0.04 B.

(16) "Enclosed superstructure" is a superstructure with: enclosing bulkheads of efficient construction;

access openings, if any, in those bulkheads fitted with permanently

attached weathertight doors of a strength equivalent to the

unpierced structure which can be operated from each side; and other openings in sides or ends of the superstructure fitted with efficient weathertight means of closing.

A bridge or poop shall not be regarded as enclosed unless access is provided for the crew to reach machinery and other working spaces inside those superstructures by alternative means which are available at all times when bulkhead openings are closed.

(17) "Superstructure deck" is that complete or partial deck forming the top

of a superstructure, deckhouse or other erection situated at a height of not less than 1.8 metres above the working deck. Where this height is less than 1.8 metres, the top of such deckhouses or other erections shall be treated in the

same way as the working deck.

(18) "Height of a superstructure or other erection" is the least vertical

distance measured at side from the top of the deck beams of a superstructure or an erection to the top of the working deck beams.

(19) "Weathertight" means that in any sea conditions water will not

penetrate into the vessel.

(20) "Watertight" means capable of preventing the passage of water through the structure in any direction under a head of water for which the surrounding structure is designed.

(21) "Collision bulkhead" is a watertight bulkhead up to the working deck in

the forepart of the vessel which meets the following conditions:

(a) The bulkhead shall be located at a distance from the forward

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(b)

not less than 0.05L and not more than 0.08L for vessels of 45 metres in length and over;

not less than 0.05L and not more than 0.05L plus 1.35 metres for vessels of less than 45 metres in length, except as may be allowed by the Administration;

in no case, less than 2.0 metres.

Where any part of the underwater body extends forward of the forward perpendicular, e.g. a bulbous bow, the distance stipulated in sub-paragraph (a) shall be measured from a point at mid-length of the extension forward of the forward perpendicular or from a point 0.015L forward of the forward perpendicular, whichever is

less

(c) The bulkhead may have steps or recesses provided they are within

the limits prescribed in sub-paragraph (a).

(22) "Main steering gear" is the machinery, the steering gear power units, if any, and ancillary equipment and the means of applying torque to the rudder stock (e.g. tiller or quadrant) necessary for effecting movement of the rudder for the purpose of steering the vessel under normal service conditions.

(23) "Auxiliary means of activating the rudder" is the equipment which is provided for effecting movement of the rudder for the purpose of steering the vessel in the event of failure of the main steering gear.

(24) "Steering gear power unit" means in the case of:

electric steering gear, an

electric motor and

its associated electrical equipment;

electro-hydraulic steering gear, an electric motor and its associated electrical equipment and connected pump; and

other hydraulic steering gear, a driving engine and connected pump.

(25) "Maximum ahead service speed" is the greatest speed which the vessel is designed to maintain in service at sea at its maximum permissible operating

draught.

(26) "Maximum astern speed" is the speed which it is estimated the vessel can attain at the designed maximum astern power at its maximum permissible operating draught.

(27) "Fuel oil unit" is the equipment used for the preparation of fuel oil for delivery to an oil-fired boiler, or equipment used for the preparation of oil for delivery to an internal combustion engine, and includes any oil pressure pumps, filters and heaters dealing with oil at a pressure greater than 0.18 newtons per square millimetre.

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which the vessel as a whole, its machinery, services, means of main and auxiliary propulsion, steering gear and associated equipment, aids to safe navigation and to limit the risks of fire and flooding, internal and external means of communicating and signalling, means of escape and winches for rescue boats, are in proper working order and the minimum comfortable conditions of habitability are satisfactory.

"Dead ship condition" is the condition under which the main propulsion plant, boilers and auxiliaries are not in operation due to the absence of power. "Main switchboard" is a switchboard directly supplied by the main source of electrical power and intended to distribute electrical energy.

"Periodically unattended machinery spaces" means those

spaces

containing main propulsion and associated machinery and all sources of main electrical supply which are not at all times manned under all operating conditions, including manoeuvring.

"Non-combustible material" means a material which neither burns nor gives off flammable vapours in sufficient quantity for self-ignition when heated to approximately 750 degrees celsius, this being determined to the satisfaction of the Administration by an established test procedure. Any other material is a combustible material.*

"Standard fire test" is one in which specimens of the relevant bulkheads

or decks are exposed in a test furnace to temperatures corresponding

approximately to the standard time-temperature curve. The specimen shall have an exposed surface of not less than 4.65 square metres and a height (or length of deck) of 2.44 metres resembling as closely as possible the intended construction and including where appropriate at least one joint. The standard time-temperature curve is defined by a smooth curve drawn through the following points:

at the end of the first 5 minutes 538 degrees celsius at the end of the first 10 minutes 704 degrees celsius at the end of the first 30 minutes 843 degrees celsius at the end of the first 60 minutes 927 degrees celsius.

" 'A' Class divisions" are those divisions formed by bulkheads and decks which comply with the following:

they shall be constructed of steel or other equivalent material; they shall be suitably stiffened;

they shall be so constructed as to be capable of preventing the passage of smoke and flame to the end of the one-hour standard fire test; and

See Recommendation on Test Method for Qualifying Marine Construction Materials as non-combustible, adopted by the Organization by Resolution A.270(VIII).

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(d) they shall be insulated with approved non-combustible materials such that the average temperature of the unexposed side will not rise more than 139 degrees celsius above the original temperature, nor will the temperature, at any one point, including any joint, rise more than 180 degrees celsius above the original temperature, within the time listed below:

Class "A-60" 60 minutes

Class "A-30" 30 minutes

Class "A-15" 15 minutes

Class "A-0" 0 minutes

The Administration may require a test of a prototype bulkhead or deck to ensure that it meets the above requirements for integrity and temperature rise.*

(35) "'B' Class divisions" are those divisions formed by bulkheads, decks, ceilings or linings which comply with the following:

they shall be so constructed as to be capable of preventing the

passage of flame to the end of the first one-half hour of the

standard fire test;

they

shall have an insulation value such that

the average

temperature of the unexposed side will not rise more than 139

degrees celsius above the original temperature, nor will the

temperature at any one point, including any joint, rise more than 225 degrees celsius above the original temperature, within the time listed below:

Class "B-15" 15 minutes

Class "B-0" 0 minutes; and

they shall be constructed of approved non-combustible materials and all materials entering into the construction and erection of "B"

Class divisions shall be non-combustible with the exception that combustible veneers may be permitted provided they meet the

relevant requirements of Chapter V.

The Administration may require a test of a prototype division to ensure that it meets the above requirements for integrity and temperature rise.*

(36) "'C, Class divisions" are those divisions constructed of approved

non-See Recommendation for Fire Test Procedures for "A" and "B" Class divisiop.s, adopted by the Organization by Resolutions A.I63(ES.IV) and A.215(VII).

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combustible materials. They need meet no requirements relative to the passage of smoke and flame nor the limiting of temperature rise.

(37) "'F' Class divisions" are those divisions formed by bulkheads, decks, ceilings or linings which comply with the following:

they shall be so constructed as to be capable of preventing the

passage of flame to the end of the first one-half hour of the

standard fire test; and

they shall have an insulation value such that the average

temperature of the unexposed side will not rise more than 139

degrees celsius above the original temperature, nor will the

temperature at any one point, including any joint, rise more than 225 degrees celsius above the original temperature, up to the end of the first one-half hour of the standard fire test.

The Administration may require a test of a prototype division to ensure that it meets the above requirements for integrity and temperature rise.*

(38) "Continuous 'B' Class ceilings or linings" are those "B" Class ceilings or linings which terminate only at an "A" or "B" Class division.

(39) "Steel or other equivalent material" means steel or any material which,

by itself or due to insulation provided, has structural and integrity properties equivalent to steel at the end of the applicable fire exposure to the standard fire test (e.g. aluminium alloy with appropriate insulation).

(40) "Low flame spread" means that the surface thus described will

adequately restrict the spread of flame,

this being determined to the

satisfaction

of the

Administration by an established

test procelure.

(41) "Accommodation space's" are those spaces used for public spaces, corridors, lavatories, cabins, offices, hospitals, cinemas, games and hobbies rooms, pantries containing no cooking appliances and similar spaces.

(42) "Public spaces" are those portions of the accommodation spaces which are used for halls, dining rooms, lounges, and similar permanently enclosed spaces.

(43) "Service spaces" are those spaces used for galleys, pantries containing cooking appliances, lockers and store-rooms, workshops other than those forming part of the machinery spaces, and similar spaces and trunks to such spaces.

(44) "Control stations" are those spaces in which the ship's radio or main navigation equipment or the emergency source of power is located, or where the fire recording or fire control equipment is centralized.

'1' See Recommendation for Fire Test Procedures for "A" and "B" Class divisions, adopted by

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(45) "Machinery spaces of Category A" are those spaces which contain internal combustion type machinery used either:

for main propulsion; or

for other purposes where such machinery has in the aggregate a total power output of not less than 375 kilowatts,

or which contain any oil-fired boiler or fuel oil unit; and trunks to such spaces. (46) "Machinery spaces" are those machinery spaces of Category A and all other spaces containing propulsion machinery, boilers, fuel oil units, steam and internal combustion engines, generators, steering gear, major electrical machinery, oil filling stations, refrigerating, stabilizing, ventilating and air conditioning machinery and similar spaces; and trunks to such spaces.

(47) "Survival craft" means those craft provided for accommodating the persons on board in the event of abandonment of the vessel and includes lifeboats, liferafts and any other craft approved as suitable for the protection and preservation of persons in such circumstances.

(48) "Rescue boat" is an easily propelled highly manoeuvrable boat capable of being easily and quickly launched by a small number of crew and adequate for rescuing a man overboard.

(49) "Inflated lifeboat" is a permanently inflated survival craft subdivided and of strong, abrasion resistant construction.

(50) "Launching appliance" is a device capable of launching, from the

embarkation position, a craft fully loaded with the number of persons it is permitted to carry and with its equipment.

(51) "Float-free survival craft" are craft whose installations and stowage are

intended to permit them to clear a sinking vessel and float to the surface automatically.

Regulation 3 Exemptions

The Administration may exempt any vessel which embodies features of a novel kind from any of the requirements of Chapters II, III, IV, V, VI and VII, the application of which might seriously impede research into the development of such features and their incorporation in vessels. Any such vessel shall, however, comply with safety requirements which, in the opinion of that Administration, are adequate for the service for which it is intended and are such as to ensure the overall safety of the vessel.

Exemptions from the requirements of Chapter IX are dealt with in Regulations 132 and 139(2)(b) and exemptions from Chapter X are dealt with in Regulation 147.

The Administration may exempt any vessel engaged solely in fishing near the coast of its country from any of the requirements of this Annex if it

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considers that the application is unreasonable and impracticable in view of the distance of the vessel's operating area from its base port in its own country, the type of vessel, the weather conditions and the absence of general navigational hazards, provided that it complies with safety requirements which, in the opinion of that Administration, are adequate for the service for which it is intended and are such as to ensure the overall safety of the vessel.

(4) The Administration which allows any exemption under this Regulation

shall communicate to the Organization particulars of the same to the extent necessary to confirm that the level of safety is adequately maintained and the

Organization shall circulate such particulars to the Parties for their

information.

Regulation 4 Equivalents

The Administration may allow any fitting, material, appliance or

apparatus to be fitted in a vessel, or any particular provision to be made as an alternative to that required by this Annex if such fitting, material, appliance or apparatus is at least as effective as that required by this Annex.

The Administration which allows a fitting, material, appliance or

apparatus, or any particular provision to be made as an alternative to that required by this Annex shall communicate to the Organization for circulation to the Parties particulars thereof for their information and appropriate action, if any.

Regulation 5

Repairs, Alterations and Modifications

A vessel which undergoes repairs, alterations, modifications and outfitting related thereto shall continue to comply with at least the requirements previously applicable to the vessel.

Repairs, alterations and modifications of a Major character and

outfitting related thereto shall meet the requirements for a new vessel only to the extent of such repairs, alterations and modifications and in so far as the Administration deems reasonable and practicable.

Regulation 6 Surveys

(1) Every vessel shall be subjected to the surveys specified below:

(a) An initial survey before the vessel is put into service or before the

certificate required under Regulation 7 is issued for the first time, which shall include a complete survey of its structure, stability, machinery, arrangements and material, including the outside of the vessel's hull and the inside and outside of the boilers and equipment

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in so far as the vessel is covered by this Annex. This survey shall be such as to ensure that the arrangements, material, and scantlings of the structure, boilers,

and other pressure vessels and their

appurtenances, main and auxiliary machinery, electrical

installations, radio installations, radiotelegraph installations in

motor lifeboats, portable radio apparatus for survival craft,

emergency position-indicating radio beacons (EPIRBs), life-saving appliances, fire detecting and extinguishing systems, radar, echo-sounding devices, gyro-compasses and other equipment fully comply with the requirements of this Annex. The survey shall also

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 this Annex and the International Regulations for Preventing Collisions at Sea in force. Where pilot ladders are carried these shall

also be surveyed to ensure

that they are in a safe working condition and comply with

the relevant requirements of the International Convention for the Safety of Life at Sea in force.

(b) Periodical surveys at intervals specified below:

four years in the case of the structure and machinery of the vessel referred to in Chapters II, III, IV, V and VI. However, 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;

two years in the case of the equipment of the vessel referred to in Chapters II, III, IV, V, VI, VII and X; and

one year in the case of the radio installations and radio

direction-finder of the vessel referre,i to in Chapters IX and X. The survey shall be such as to ensure that the items referred to in sub-paragraph (a), in particular the safety equipment, fully comply with the applicable requirements of this Annex. that the said equipment is

in good working order and that the stability

information is readily available on board. However, where the duration of the certificate issued under Regulation 7 is extended as specified in Regulation 11(2) or (4), the interval of the periodical survey may be extended correspondingly.

(c) Intermediate surveys in the case of the structure or machinery and

equipment of the vessel at intervals specified by the Administration. The survey shall also be such as to ensure that alterations which would adversely affect the safety of the vessel or the crew have not been made. Such intermediate surveys and their intervals shall be endorsed on the International Fishing Vessel Safety Certificate issued under Regulation 7.

(2) Surveys of the vessel with a view to the enforcement of the requirements

of this Annex shall be carried out by officers of the Administration. The

Administration may, however, entrust the surveys either to surveyors

nominated for the purpose or to organizations recognized by it. In every case

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the Administration concerned shall be satisfied with regard to the completeness and efficiency of the surveys.

(3) After any survey of the vessel under this Regulation has been completed,

no significant change shall be made to the structure, equipment, fittings, arrangements or material covered by the survey without the sanction of the Administration, except the direct replacement of such equipment or fittings.

Regulation 7 Issue of Certificates

(1) (a) A certificate

entitled an International Fishing Vessel Safety

Certificate shall be issued after survey of a vessel which complies with the applicable requirements of this Annex.

(b) When an exemption is granted to a vessel under, and in accordance

with, the provisions of this Annex, a certificate entitled an

International Fishing Vessel Exemption Certificate shall be issued in addition to the certificate prescribed in sub-paragraph (a).

(2) The Certificates referred to in paragraph (1) shall be issued either by the

Administration or by any person or organization duly authorized by the

Administration. In every case, the Administration shall assume full

responsibility for the issuance of the certificate.

Regulation 8

Issue of a Certificate by another Party

A Party may, at the request of another Party, cause a vessel to be

surveyed and, if satisfied that the requirements of this Annex are complied with, shall issue or authorize the issue of certificates to the vessel in accordance with the provisions of this Annex.

A copy of the Certificate and a copy of the survey report shall be

transmitted as soon as possible to the requesting Administration.

A certificate so issued shall contain a statement to the effect that it has been issued at the request of the other Administration and it shall have the same force and receive the same recognition as the certificates issued under Regulation 7.

Regulation 9 Form of Certificates

The certificates shall be drawn up in the official language or languages of the issuing country in the form corresponding to the model given in Appendix I. If the language used is neither English nor French, the text shall include a translation into one of these languages.

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Regulation 10 Posting up of Certificates

All certificates or certified copies thereof issued under this Annex shall be posted up in a prominent and accessible place in the vessel.

Regulation 11 Validity of Certificates

An International Fishing Vessel Safety Certificate shall be issued for a period of not more than four years and shall not be extended for more than one year subject to the periodical and intermediate surveys as required in Regulation 6(1)(b) and (c), except as provided for in paragraphs (2), (3) and (4) of this Regulation. An International Fishing Vessel Exemption Certificate shall not be valid for longer than the period of the International Fishing Vessel Safety Certificate.

If at the time when the validity of its certificate expires or ceases, a vessel is not in a port of the Party whose flag the vessel is entitled to fly, the validity of the certificate may be extended by that Party, but such extension shall be granted only for the purpose of allowing the vessel to complete its voyage to a port of that Party or to the port in which it is to be surveyed and then only in cases where it appears proper and reasonable to do so.

No certificate shall be thus extended for a period longer than five months and a vessel to which such extension is granted shall not on its arrival in a port of the Party whose flag the vessel is entitled to fly or the port in which it is to be surveyed, be entitled by virtue of such extension to leave such port without having obtained a new certificate.

A certificate which has not been extended under the provisions of

paragraph

(2) may be extended by the Administration

for

a period

of grace up to one month from the date of expiry stated on it. A certificate shall cease to be valid:

if major alterations have taken place in the construction, equipment, fittings, arrangements, or material required without the sanction of the Administration, except the direct replacement of such equipment or fittings;

if periodical or intermediate surveys are not carried out within the periods specified under Regulation 6(1)(b) and (c) or as they may have been extended in accordance with paragraph (2), or (4) of this Regulation;

(c) upon transfer of a vessel to the flag of another State. In the caseof

a transfer between Parties, the Party whose flag the vessel was

formerly entitled to fly shall, on request, transmit as soon as

possible to the other Party copies of the certificates carried by the vessel before the transfer and, if available, copies of the relevant survey reports.

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CHAPTER II

CONSTRUCTION, WATERTIGHT INTEGRITY AND EQUIPMENT

Regulation 12 Construction

Strength and construction of hull, superstructures, deckhouses, machinery casings, companionways and any other structures and vessel's equipment shall be sufficient to withstand all foreseeable conditions of the intended service and shall be to the satisfaction of the Administration.

The hull of vessels intended for operation in ice shall be strengthened in

accordance with the anticipated

conditions of navigation and area of

operation.

Bulkheads, closing devices and closures of openings in these bulkheads,

as well as methods for their

testing,

shall be in accordance with the

requirements of the Administration. Vessels constructed of material other than wood shall be fitted with a collision bulkhead and at least with watertight bulkheads bounding the main machinery space. Such bulkheads shall be

extended up to the working deck. In vessels constructed of wood such

bulkheads, which as far as practicable shall be watertight, shall also be fitted. Pipes piercing the collision bulkhead shall be fitted with suitable valves operable from above the working deck and the valve chest shall be secured at the collision bulkhead inside the forepeak. No door, manhole, ventilation duct or any other opening shall be fitted in the collision bulkhead below the working deck.

Where a long forward superstructure is fitted, the collision bulkhead shall be extended weathertight to the deck next above the working deck. The

extension need not be fitted directly over the bulkhead below provided it is

located within the limits given in Regulation 2(21) and the part of the deck which forms the step is made effectively weathertight.

The number of openings in the collision bulkhead above the working deck shall be reduced to the minimum compatible with the design and normal operation of the vessel. Such openings shall be capable of being closed weathertight.

In vessels of 75 metres in length and over, a watertight double bottom shall be fitted, as far as practicable, between the collision bulkhead and the afterpeak bulkhead.

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Regulation 13 Watertight Doors

(1)

The number of openings in watertight bulkheads, as required by

Regulation 12(3), shall be reduced to the minimum compatible with the general arrangements and operational needs of the vessel; openings shall be fitted with watertight closing appliances to the satisfaction of the Administration. Watertight doors shall be of an equivalent strength to the adjacent unpierced structure.

(2) In vessels of less than 45 metres in length, such doors may be of the

hinged type, which shall be capable of being operated locally from each side of the door and shall normally be kept closed at sea. A notice shall be attached to the door on each side to state that the door shall be kept closed at sea.

(3) In vessels of 45 metres in length and over, watertight doors shall be of the

sliding type in:

spaces where it is intended to open them at sea and if located with

their sills below the deepest operating waterline, unless the

Administration considers it to be impracticable or unnecessary taking into account the type and operation of the vessels; and the lower part of a machinery space where there is access from it to a shaft tunnel.

Otherwise watertight doors may be of the hinged type.

(4) Sliding watertight doors shall be capable of being operated when the

vessel is listed up to 15 degrees either way.

(5) Sliding watertight doors whether manually operated or otherwise shall be

capable of being operated locally from each side of the door; in vessels of 45 metres in length and over these doors shall also be capable of being operated by remote control from an accessible position above the working deck except when the doors are fitted in crew accommodation spaces.

(6) Means shall be provided at remote operating positions to indicate when a

sliding door is open or closed.

Regulation 14 Watertight Integrity

Openings through which water can enter the vessel shall be provided with closing devices in accordance with the applicable provisions of this Chapter. Deck openings which may be open during fishing operations shall normally be arranged near to the vessel's centreline. However, the Administration may

approve different arrangements if satisfied that thesafety of the vessel will not

be impaired.

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capable of being controlled from any position which provides an unobstructed view of the operation of the flaps.

Regulation 15 Weathertight Doors

All access openings in bulkheads of enclosed superstructures and other outer structures through which water could enter and endanger the vessel, shall be fitted with doors permanently attached to the bulkhead, framed and stiffened so that the whole structure is of equivalent strength to the unpierced structure, and weathertight when closed. The means for securing these doors weathertight shall consist of gaskets and clamping devices or other equivalent means and shall be permanently attached to the bulkhead or to the doors themselves, and shall be so arranged that they can be operated from each side of the bulkhead.

The height above deck of sills in those doorways, in companionways, erections and machinery casings which give direct access to parts of the deck exposed to the weather and sea shall be at least 600 millimetres on the working deck and at least 300 millimetres on the superstructure deck. Where operating experience has shown justification and on approval of the Administration, these heights, except in the doorways giving direct access to machinery spaces, may be reduced to not less than 380 millimetres and 150 millimetres respectively.

Regulation 16

Hatchways closed by Wood Covers

The height above deck of hatchway coamings shall be at least 600 millimetres on exposed parts of the working deck and at least 300 millimetres on the superstructure deck.

The finished thickness of wood hatchway covers shall include an

allowance for abrasion due to rough handling. In any case, the finished thickness of these covers shall be at least 4 millimetres for each 100 millimetres of unsupported span subject to a minimum of 40 millimetres and the width of their bearing surfaces shall be at least 65 millimetres.

Arrangements for securing wood hatchway covers weathertight shall be provided to the satisfaction of the Administration.

Regulation 17

Hatchways closed by Covers other than Wood

(1) The height above deck of hatchway coamings shall be as specified in

Regulation 16(1). Where operating experience has shown justification and on

the approval of the Administration the height of these coamings may be reduced, or the coamings omitted entirely, provided that the safety of vessels is

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not thereby impaired. In this case the hatchway openings shall be kept as small as practicable and the covers be permanently attached by hinges or equivalent means and be capable of being rapidly closed and battened down.

(2) For the purpose of strength calculations, it shall be assumed that hatchway covers are subjected to the weight of cargo intended to be carried on them or to the following static loads, whichever is the greater:

10.0 kilonewtons per square metre for vessels of 24 metres in length;

17.0 kilonewtons per square metre for vessels of 100 metres in length and over.

For intermediate lengths the load values shall be determined by linear

interpolation. The Administration may reduce the loads to not less than 75 per cent of the above values for covers to hatchways situated on the super-structure deck in a position abaft a point located 0.25L from the forward perpendicular.

(3) Where covers are made of mild steel, the maximum stress calculated according to paragraph (2) multiplied by 4.25 shall not exceed the minimum ultimate strength of the material. Under these loads the deflections shall not be more than 0.0028 times the span.

(4)

Covers made of materials other than mild steel shall be at least of

equivalent strength to those made of mild steel, and their construction shall be of sufficient stiffness ensuring weathertightness under the loads specified in paragraph (2).

(5) Covers shall be fitted with clamping devices and gaskets sufficient to

ensure weathertightness, or other equivalent arrangements to the satisfaction of the Administration.

Regulation 18 Machinery Space Openings

Machinery space openings shall be framed and enclosed by casings of a strength equivalent to the adjacent superstructure. External access openings

therein shall be fitted with doors complying with the requirements of

Regulation 15.

Openings other than access openings shall be fitted with covers of equivalent strength to the unpierced structure, permanently attached thereto and capable of being closed weathertight.

Regulation 19 Other Deck Openings

Cytaty

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