II SÉRIE-A — NÚMERO 101

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2. In the event of doubt as to whether a vessel is engaged in commercial fishing, the question shall be

determined by the competent authority after consultation.

3. Any Member, after consultation, may extend, in whole or in part, to fishers working on smaller vessels the

protection provided in this Convention for fishers working on vessels of 24 metres in length and over.

Article 3

1. Where the application of the Convention raises special problems of a substantial nature in the light of the

particular conditions of service of the fishers or of the fishing vessels' operations concerned, a Member may,

after consultation, exclude from the requirements of this Convention, or from certain of its provisions:

(a) fishing vessels engaged in fishing operations m rivers, lakes or canals;

(b) limited categories of fishers or fishing vessels.

2. In case of exclusions under the preceding paragraph, and where practicable, the competent authority

shall take measures, as appropriate, to extend progressively the requirements under this Convention to the

categories of fishers and fishing vessels concerned.

3. Each Member which ratifies this Convention shall:

(a) In its first report on the application of this Convention submitted under article 22 of the Constitution of

the International Labour Organisation:

(i) list any categories ol fishers or fishing vessels excluded under paragraph 1,

(ii) give the reasons for any such exclusions, stating the respective positions of the representative

organizations of employers and workers concerned, in particular the representative organizations of

fishing vessel owners and fishers, where they exist; and

(iii) describe any measures taken to provide equivalent protection to the excluded categories; and

(b) in subsequent reports on the application of the Convention, describe any measures taken in

accordance with paragraph 2.

Article 4

1. Where it is not immediately possible for a Member to implement all of the measures provided for in this

Convention owing to special problems of a substantial nature in the tight of insufficiently developed

infrastructure or institutions, the Member may, in accordance with a plan drawn up in consultation,

progressively implement all or some of the following provisions:

(a) Article 10, paragraph 1;

(b) Article 10, paragraph 3, in so far as it applies to vessels remaining at sea for more than three days;

(c) Article 15;

(d) Article 20:

(e) Article 33: and

(f) Article 35.

2. Paragraph 1 does not apply to fishing vessels which:

(a) are 24 metres in length and over; or

(b) remain at sea for more than seven days; or

(c) normally navigate at a distance exceeding 200 nautical miles from the coastline of the flag State or

navigate beyond the outer edge of its continental shelf, whichever distance from the coastline is greater: or

(d) are subject to port State control as provided for in Article 43 of this Convention, except where port State