This article was first published in the October edition of Marine & Maritime Gazette, and the original article can be found on page 16 here.
The long-anticipated Codes of Practice for Fishing Vessels (affecting mainly Small Fishing Vessels) brought in by the Maritime & Coastguard Agency are now in force and owners should ensure they are compliant.
Three new Merchant Shipping Notices (MSNs), containing Codes of Practice, came into force on 23 October 2017. These are:
These MSNs provide new requirements for these specific fishing vessels. The most wide-ranging measures are those contained in the Small Fishing Vessels Code (MSN 1871). The requirements in this Code include:
It is clear that the requirements in the Small Fishing Vessel Code were designed primarily with safety in mind. They were drafted in response to new technologies that had developed since the introduction of the last Code.
They were made in collaboration between the Maritime & Coastguard Agency (MCA) and the Fishing Industry Safety Group and followed various recommendations of the Marine Accident Investigation Branch (MAIB) as well.
Although treated with initial scepticism by some in the industry, especially owners of Small Fishing Vessels, reaction across the industry since has been generally positive and even welcome. This is mainly down to what is seen as close collaboration between the MCA and the industry when drafting these Codes. There is a feeling in the industry that the Codes mainly represent practical and meaningful introduction of safety measures. There is also a sense that even if one death is prevented through the Codes, as sadly can happen all too often especially on Small Fishing Vessels, they will have been worth introducing.
What has also pleased some in the industry is allowances the MCA have made for gradual implementation of the Codes of Practice. This is particularly in regard to the provisions for life-rafts, EPIRBS and PLBs. Already-registered Fishing Vessels at the time of coming into force have up to 23 October 2019 to implement with the requirements. This handy amount of time could allow owners to make a claim from the European Maritime and Fisheries Fund (EMFF) to alleviate some of the cost of implementing these measures. Up to 60% of the cost could be available via EMFF funding, which will be a relief for what are mainly small businesses. However, it should be borne in mind that vessels that have yet to register as Fishing Vessels or ones that are re-registering after an absence of six months must comply with the Codes immediately.
Now that the Codes are in force it is up to individual owners to ensure that they are compliant. For those to whom the Codes will apply there is plenty of guidance available in order to do this. Please go to https://www.gov.uk/government/organisations/maritime-and-coastguard-agency for more information.