The Merchant Shipping (Official Log Books) (Fishing Vessels) Regulations 1981

• Citation: S.I. 1981/570
• Sections: 11

Section 1

(1) These Regulations may be cited as the Merchant Shipping (Official Log Books) (Fishing Vessels) Regulations 1981 and shall come into operation on 1st May 1981.

(2) In these Regulations:

“ the Act of 1894 ” means the Merchant Shipping Act 1894;

“ the Act of 1949 ” means the Merchant Shipping (Safety Convention) Act 1949;

“ the Act of 1970 ” means the Merchant Shipping Act 1970;

“ appropriate superintendent or proper officer ” means a superintendent or proper officer for the place where the fishing vessel is at the time referred to in regulation 10(1) (delivery of official log books);

“ the Crew Accommodation Regulations ” means the Merchant Shipping (Crew Accommodation) (Fishing Vessels) Regulations 1975;

“ entry ” means an entry in an official log book (including any entry contained in a separate document annexed to an official log book in accordance with regulation 6) of any particulars specified in any paragraph of column 1 in the Schedule to these Regulations and an entry amending or cancelling such an entry;

“ fishing vessel ” means a vessel which is for the time being employed in sea fishing, but does not include a vessel used otherwise than for profit;

“ length ” means the length of a fishing vessel entered in its certificate of registry;

“ the Musters Regulations ” means the requirements as to musters and drills prescribed in Part IIIC of the Fishing Vessels (Safety Provisions) Rules 1975 ;

“ the Pilot Ladders and Hoists Regulations ” means the Merchant Shipping (Pilot Ladders and Hoists) Regulations 1980 ;

“ the Property Regulations ” means the Merchant Shipping (Property of Deceased Seamen) Regulations 1972;

“ the Repatriation Regulations ” means the Merchant Shipping (Repatriation) Regulations 1979;

“ seaman ” in paragraphs 16, 17 and 31 of the Schedule includes the skipper of a fishing vessel;

“ the Steering Gear Regulations ” means the Merchant Shipping (Automatic Pilot and Testing of Steering Gear) Regulations 1981;

“ wages submission ” means a submission to a superintendent or proper officer under section 10 of the Act of 1970 (which relates to disputes about wages).

(3) The Merchant Shipping (Official Log Books) (Fishing Vessels) Regulations 1972 and the Merchant Shipping (Official Log Books) (Fishing Vessels) (Amendment) Regulations 1977 are hereby revoked.

Section 2

The requirement imposed by section 68 of the Act of 1970 that an official log book shall be kept in every ship registered in the United Kingdom shall not apply to a fishing vessel of a length less than 55 feet.

Section 3

Subject to the provisions of the Merchant Shipping Acts and of rules and regulations made thereunder, entries of particulars specified in column 1 in each paragraph of the Schedule to these Regulations shall from time to time be made in the official log book kept in every fishing vessel not exempted from the requirement of section 68 of the Act of 1970 by regulation 2.

Section 4

(1) Each entry shall be made in the official log book by the person or by one of the persons (or by a person authorised by any such person for that purpose) specified in column 2 in each paragraph of the Schedule to these Regulations.

(2) Each entry;

(a) subject to paragraph (3) of this regulation, shall be signed by the person or by one of the persons specified in column 2 in each paragraph of the Schedule; and

(b) subject to the provisions of each paragraph of the Schedule, shall be witnessed by the person, if any, specified in column 3 in each paragraph of the Schedule.

(3) An entry which is to be signed by the skipper may, except where the contrary intention appears, be signed by an officer authorised by the skipper for that purpose.

(4) Each entry shall include the date when it is made.

Section 5

If an entry, which is to be signed or witnessed by the skipper or a person who is a member of the crew, is not made, signed and witnessed in accordance with the provisions of these Regulations and of the Schedule hereto, the skipper of the fishing vessel at the time when the entry is or should have been made, signed and witnessed shall be guilty of an offence.

Section 6

If it is not practicable by reason of its length, the circumstances in which it is to be made or for any other reason for an entry to be contained in the official log book, it shall be contained in a separate document annexed to the official log book, and referred to in an entry in the official log book; and references in these Regulations to an official log book include references to any documents annexed to an official log book in accordance with this regulation.

Section 7

(1)

(a) Entries of particulars specified in paragraphs 1, 2, 3 and 5 of the Schedule to these Regulations shall be made at the time when an official log book is opened and a further entry of particulars specified in paragraph 3 shall be made as soon as practicable after any change of skipper.

(b) The entry of particulars specified in paragraphs 7 and 21 of the Schedule shall be made as soon as practicable after the commencement of each voyage.

(c) The entry of particulars specified in paragraph 9 of the Schedule shall be made as soon as practicable after every time when each muster should have been held in accordance with the Musters Regulations.

(d) The entries of particulars specified in sub-paragraphs (b) and (c) of paragraph 32 of the Schedule shall be made daily or at such other times during the continuance of the illness or injury as the person making any such entry thinks fit.

(e) Every other entry shall be made as soon as practicable after the occurrence to which it relates or, if it amends or cancels an existing entry, as soon as practicable after the person intending to sign it becomes aware of the facts giving rise to the amendment or cancellation.

(2) Subject to the provisions of regulation 8, no entry shall be made in an official log book after the time referred to in regulation 10(1).

Section 8

(1) Subject to the provisions of this regulation, an entry shall not be amended or cancelled.

(2) Where—

(a) in the case of an entry which was required to be signed by the skipper, it appears to the person who for the time being is skipper of the fishing vessel that the entry is inaccurate or incomplete; or

(b) in the case of any other entry, it appears to the person who signed the entry that it is inaccurate or incomplete;

that person shall, if it is practicable to do so before the time referred to in regulation 10(1), make and sign a further entry referring to the entry and amending or cancelling it; and paragraphs (1) and (2)(b) of regulation 4 and regulations 5 and 6 shall apply to the further entry.

(3) Where, after the time referred to in regulation 10(1), it appears to a superintendent or proper officer or to the Registrar General of Shipping and Seamen that any entry is inaccurate or incomplete he—

(a) may make and sign a further entry referring to the entry and amending or cancelling it; and

(b) shall, if it is practicable to do so, inform any skipper or seaman, to whom any such further entry relates, of its contents.

(4) Any person who fails to comply with paragraph (2) of this regulation shall be guilty of an offence.

Section 9

(1) The skipper of a fishing vessel shall, on demand, produce to the Registrar General of Shipping and Seamen, a superintendent, a proper officer or an officer of customs the official log book required to be kept in the fishing vessel.

(2) A skipper who fails to comply with this regulation shall be guilty of an offence.

Section 10

(1) The skipper shall, within 48 hours after the time specified in paragraph (2) or in paragraph (3) (as the case may be) of this regulation or, if it is not practicable within that time, as soon as practicable thereafter, deliver the official log book to the appropriate superintendent or proper officer.

(2) Subject to paragraph (3) of this regulation, the time referred to in paragraph (1) is either—

(a) if any person is employed in the fishing vessel under a crew agreement, the time when the last person remaining so employed is discharged from the fishing vessel; or

(b) in any other case, the time when the fishing vessel first calls at a port more than 6 months after the first entry (other than an entry specified in paragraph 1, 2, 3 or 5 of the Schedule to these Regulations) is made in the official log book.

(3) If, at the time specified in paragraph (2) of this regulation, there is pending a wages submission, the time referred to in paragraph (1) of this regulation is either the time when all such submissions have been determined by a superintendent or proper officer or withdrawn, or the expiration of 7 days after the time specified in paragraph (2) of this regulation, whichever shall be the earlier.

(4) A skipper who fails to comply with paragraph (1) of this regulation shall be guilty of an offence.

Section 11

Any offence under these Regulations shall be punishable on summary conviction with a fine not exceeding £50.