Implementation of the ILO Work in Fishing Convention 2007 (ILO 188) into UK Law

This is potentially a really important read for fishermen throughout the UK!

@MCA_media hold a #public consultation on the proposal to implement the ILO 88 convention to UK Law. Implications could be significant & there are concerns about the status of self-employed fishermen & operators of #small vessels. 

Most important guys to have your say now!

Summary

ILO 188 introduces international minimum standards of living and working conditions for all commercial fishermen.

This consultation closes at
11:45pm on 12 January 2018

Consultation description

ILO 188 entitles all fishermen to written terms and conditions of employment (a fisherman’s work agreement) decent accommodation and food, medical care, regulated working time, repatriation, social protection and health and safety on board. It also provides minimum standards relating to medical fitness.

ILO 188 standards will apply to all fishermen working on commercial fishing vessels of any size. They apply equally to employed fishermen and non-employed (share) fishermen.

The documents attached set out our proposal for legislation to implement ILO 188 into UK Law. We welcome comments on all aspects of the consultation package.

Consultation Document

Please read this first. It explains the background to ILO 188 and how we developed our proposal for implementation. It contains a list of the documents included in the consultation package

1.Explanatory Table

The explanatory table is a guide document to show you the main ILO 188 requirements, how ILO 188 might affect you and what you need to know to comply with the regulations. We have also included some consultation questions here. Please read the explanatory table first.

2.Transposition Table

This shows where the articles of ILO 188 are transposed by the proposed statutory instruments

Draft Statutory instruments

Our package contains four proposed statutory instruments (SI) which contain legislative changes necessary to implement the ILO 188 Convention into UK Law. You may find it helpful to look at these in conjunction with the explanatory table.

3.The Merchant Shipping (Work in Fishing Convention) Regulations 2017

4.The Merchant Shipping (Work in Fishing Convention) (Medical Certification) Regulations 2017

(This SI should be read in conjunction with proposed Merchant Shipping Notices (MSNs); 8.Medical Examination and certification for fishermen: Application of the Merchant Shipping (Work in Fishing) (Medical Certification) Regulation 20yy; and 9.a.Medical Examination System: Appointment of approved Doctors and Medical and Eyesight standards and 9.b. ANNEX A Medical and Eyesight Standards for Seafarers).

5.The Merchant Shipping (Work in Fishing Convention) (Consequential Provisions) Regulations 2017 (This SI should be read in conjunction with 10.MSN XX Application of the Fishing Vessels (Working Time: Sea fishermen) Regulations 2004 as amended and 11.Marine Guidance notice (MGN) Health and safety: responsibilities of fishing vessel owners, managers, skippers and fishermen).

6.The Merchant Shipping (Work in Fishing Convention) (Survey and Certification) Regulations 2017

7.a. Impact Assessment (IA)

This document is an analysis of the known costs and benefits of implementing ILO 188. We welcome your views on this and evidence for any differing or additional costs.

We have included questions in the IA about the particular areas where we would like to have more evidence. We have also provided a separate summary sheet (7.b.) of the questions.

Other Guidance notices

Draft Marine Guidance Notices (MGN)

12.Health and safety: Compulsory provision and wearing of personal flotation devices on fishing vessels

Proposed Revisions to the Fishing Vessel Codes.

13.Proposed changes to small fishing vessel code resulting from ILO 188

14.a Proposed Revision to chapter 6 of the 15-24m Code, implementing ILO 188 ( Health and Safety)

14.b. Proposed revision of chapter 10 of the 15-24m Code implementing ILO 188 Chapter 10 (Crew Accommodation)

15.a. Proposed revision to chapter 6 of 24m and over code implementing ILO 188 Chapter 6 protection of the crew.

15.b. Proposed revision to Chapter 10 of 24m and over code implementing ILO 188 Chapter 10 (Crew Accommodation)

Fisherman’s Work Agreement.

(see The Merchant Shipping (Work in Fishing Convention) Regulations 2017, Part 3 regs 8-13 and schedule 1)

These are proposed model formats ILO 188 compliant fishermen’s work agreement for both employed and non- employed (share) fishermen.

16.a. Model Format for a Fisherman’s Work Agreement- Employed Fishermen

16.b. Model Format for a Fisherman’s Work Agreement – non-employed fishermen, e.g. share fishermen.

Supporting Documents

In addition to the consultation package we have attached five unofficial consolidated versions of existing Statutory instruments, to enable you to see proposed amendments to existing regulations in context. Please note that these texts are for guidance only and are not part of the consultation package. You should not comment on these texts or treat them as official documents.

Documents

Consultation document

PDF, 461KB, 9 pages

This file may not be suitable for users of assistive technology. Request an accessible format.

1. Explanatory Table

PDF, 350KB, 13 pages

This file may not be suitable for users of assistive technology. Request an accessible format.

2. Transposition Table

PDF, 137KB, 2 pages

This file may not be suitable for users of assistive technology. Request an accessible format.

3. Draft SI The Merchant Shipping (Working in Fishing Convention) Regulations 2017

PDF, 367KB, 16 pages

This file may not be suitable for users of assistive technology. Request an accessible format.

4. Draft SI The Merchant Shipping (Work in Fishing Convention) (Medical Certification) Regulations 2017

PDF, 306KB, 10 pages

This file may not be suitable for users of assistive technology. Request an accessible format.

5. Draft SI The Merchant Shipping (Work in Fishing Convention) Consequential Provisions Regulations 201X

PDF, 240KB, 5 pages

This file may not be suitable for users of assistive technology. Request an accessible format.

6. Draft SI The Merchant Shipping (Work in Fishing Convention) (Survey and Certification) Regulations 2017

PDF, 227KB, 11 pages

This file may not be suitable for users of assistive technology. Request an accessible format.

7.a. Impact Assessment Post

PDF, 1.28MB, 46 pages

This file may not be suitable for users of assistive technology. Request an accessible format.

7.b. Summary of Impact Assessment Questions

PDF, 379KB, 2 pages

This file may not be suitable for users of assistive technology. Request an accessible format.

8. MSN Application of the Merchant Shipping (Work in Fishing) (Medical Certification) Regulations 20yy

PDF, 512KB, 12 pages

This file may not be suitable for users of assistive technology. Request an accessible format.

9.a. MSN Medical Examination System Appointment of Approved Doctors and Medical Eyesight Standards

PDF, 528KB, 13 pages

This file may not be suitable for users of assistive technology. Request an accessible format.

9.b. Revision of Annex A Medical and Eyesight Standards (From MSN 1839)

PDF, 580KB, 33 pages

This file may not be suitable for users of assistive technology. Request an accessible format.

10. MSN Application of the Fishing Vessels (Working Time Seafishermen) Regulations 2014 as amended

PDF, 364KB, 14 pages

This file may not be suitable for users of assistive technology. Request an accessible format.

11. MGN Health and safety responsibilities of fishing vessel owners, managers, skippers and fishermen

PDF, 434KB, 9 pages

This file may not be suitable for users of assistive technology. Request an accessible format.

12. MGN Compulsory provision and wearing of personal floatation devices on fishing vessels

PDF, 413KB, 4 pages

This file may not be suitable for users of assistive technology. Request an accessible format.

13. Proposed changes to Small FV Code resulting from ILO 188 (PFDs)

PDF, 211KB, 7 pages

This file may not be suitable for users of assistive technology. Request an accessible format.

14.a. Proposed Revision to Chapter 6 15-24m Code (Protection of the Crew)

PDF, 337KB, 2 pages

This file may not be suitable for users of assistive technology. Request an accessible format.

14.b. Proposed Revision Chapter 10 15-24m Code (Crew Accommodation)

PDF, 358KB, 4 pages

This file may not be suitable for users of assistive technology. Request an accessible format.

15.a. Proposed Revision of Chapter 6 24m and over Code (Protection of Crew)

PDF, 173KB, 2 pages

This file may not be suitable for users of assistive technology. Request an accessible format.

15.b. Propsed Revision Chapter 10 24m and Over Code (Crew Accommodation)

PDF, 466KB, 34 pages

This file may not be suitable for users of assistive technology. Request an accessible format.

16.a. Model Format for and FWA (Employed Fishermen)

PDF, 361KB, 9 pages

This file may not be suitable for users of assistive technology. Request an accessible format.

16.b. Model Format for a FWA Self-Employed (Share) Fisherman

PDF, 418KB, 7 pages

This file may not be suitable for users of assistive technology. Request an accessible format.

That was the year that was!

If all the sentences uttered or written about 2017 were analysed then almost certainly those with the words 'fishing' and 'take back control' would probably be number one!

Fishing became one of the key issues debated during the run-up to the referendum and has remained a prominent feature of debate ever since. Minister for the Environment and ultimately the boss of Defra and the MMO, Michael Gove has made the phrase 'take back control' symbolise the aspirations of those who voted for Brexit and to signify the UK fishing industry's desire to administer 'our' fish within 200 miles (or the median line) of its shore.

Ironically, many sectors of the industry are in better shape than they have been for years - new builds, up-to-date markets, increased stocks, growth in home consumption, new Asian export markets, lesser known species enjoying the 'TV celebrity chef effect', MSC Certification and a grudging acceptance by many NGOs that fishermen are operating sustainably within a less than equitable quota system within the CFP mean that the future bodes well. Though issues surrounding the recruitment of young fishermen, future skippers and boat owners trying to make their way from humble beginnings reflect changes in society in general - the same issues being shared by every EU state, not just the UK.

As yet, like much of the Brexit deal, there is precious little if any sign of the details by which our or our neighbouring fleets will operate.  Much is being made of the transition arrangements talked about so far where it would appear there will be no change - as we will be forced to operate under the existing CFP rules until such time as we have brokered a final deal.  Many 'Fishing for Leave' campaigners see this as a cop-out, fearful that some sort of new deal will be quota rather than effort based and are pressing for an immediate withdrawal. 

North of the border Scottish fishermen are mindful of the shared access with their Scandinavian cousins for many white fish species while the hugely successful pelagic sector has to contend with multilateral talks over mackerel, a fish that continues to defy national boundaries and seems to be moving ever northwards!

The Irish and Celtic Seas have an Irish contingency freshly buoyed by a huge increase in cod for 2018 but as continuing members of the EU the forthcoming talks between them and the UK should prove more than interesting given the huge problem sorting out just the shape of the physical border between the North and the South!

The Southern North sea and the Channel share many quota'd flatfish species with Dutch, Danish and Belgian boats while the South and South Western waters have huge contingents of boats from France, Spain, Dutch and Belgian visitors keen to maintain their traditional fishing grounds in 'our' waters!

The regional diversity of fishing and the prominence of the bigger vessels in the fleet enjoyed being the subject of much media attention (remember Greenpeace citing the Cornelius Vrolik having 24% of the entire UK fish (by weight) quota or the flotilla of boats that clashed in the Thames with Bob Geldorf) has not cut any ice with those fishermen - and they are by far and away the majority in number - who work in the Under 10m sector for whom the MMO's allocation of quotas has been less than equitable - in some areas forcing smaller boats, who, unlike their nomadic big brothers are unable to fish farther afield - to sell up and their inter-dependant processors to cease trading - all in small, coastal communities whose very identities are shaped by such businesses.

Whatever the nature of Brexit one thing is for sure, the fishing industry will have to live with the consequences of the majority decision to support withdrawal from the EU in order to 'take back control' and secure a better more equitable deal for all sectors of the industry. Let us hope this government does not repeat the history of the previous Conservative administration at the time we joined the EEC.

Closer to home, here in Newlyn there are yet more new boats set to join the fleet despite the impending implementation of the Landing Obligation (nil discards) which will undoubtedly have a major impact on the viability of some sectors unless a compromise within the existing regime is reached. On a much more positive note, a completely re-furbished fish market and the promise of a remote computer auction should see the port re-assert its place as the largest English fishing port again!

Last, but not least, must be a big shout out to the guys who make all this possible - first and foremost the skippers and crews who risk everything, as a matter of course, every time they sail, to all those ashore who see that the boats are well found and have the means to land their catches and a special thanks to all those chefs working in Cornwall and beyond championing fish on their menus - we need you as much as you need us!

Roll on 2018!

OCEANS, THE VOICE OF THE INVISIBLES - the other side of the coin!

This inciteful video gives the 'Invisibles' - ie fishermen - a voice

OCEANS, THE VOICE OF THE INVISIBLES from Portfolio Production on Vimeo.

Should fish feed people or financial markets ?

This documentary follows the journey of a filmmaker who is preparing a report on the disappearance of marine species, the dramatic situation of the seas. But through her research, she discovered that behind these alarmist messages are hiding large financial stakes. Is the protection of the environment the only objective of certain environmental NGOs? Do they have other ambitions on the oceans?

Groups and institutions wishing to screen the film for educational and other purposes or to buy DVD should contact us at contact@portfolio-production.com to enquire about doing so.

Seasonal Greetings fish fans!

Tom Bocart fish supper 2017 with a little help from Bart van Olphen!

With serendipitous timing it just so happens that the latest piscine offering from Bart Van Olphen's latest book, Fish Tales...

features some of the most celebrated Cornish fish within its pages...

so it readily leant itself to providing some serious fish cuisine to celebrate Tom Bawcocks chez Through the Gaps...

with a gorgeous tub gurnard in addition to the...

 sardines...

which were headed, gutted...

for the Sardines Marsala starter recipe...

to be followed by the mackerel...

which were filleted...

and were turned into the Mackerel Escabeche dish...

while even more veg were prepped, fennel is just so good with any white fish...

and especially hake...

smothered in baked bell peppers...

ready for the application of gentle heat...

while the big tub gurnard was simply gutted and buried under wet coarse sea salt and popped in the oven for 40 minutes - a good night was had by all sharing a glass or three of Cornish beers, cider gin and Vodka!

All fish supplied with that personal touch by the Alan

Matt...

Aaron...

and the rest of the crew on the Ajax so a big, Through the Gaps Happy Christmas to them too!

Keep the Christmas crabs coming!

While the rest of the Nelwyn fleet are safely tucked up in their Christmas berths two of Rowse's Real Cornish Crab Company's crab fleet are hard at work off Land's End filling up orders for Christmas crab! Keep up the good work, Richard, Ben, Nigel and crews!