II SÉRIE-A — NÚMERO 101

18

RESPONSIBILITIES OF FISHING VESSEL OWNERS,

SHIPPERS AND FISHERS

Article 8

1. The fishing vessel owner has the overall responsibility to ensure that the skipper is provided with the

necessary resources and facilities to comply with the obligations of this Convention.

2. The skipper has the responsibility for the safety of the fishers on board and the safe operation of the

vessel, including but not limited to the following areas:

(a) providing such supervision as will ensure that, as far as possible, fishers perform their work in the best

conditions of safety and health;

(b) managing the fishers in a manner which respects safety and health, including prevention of fatigue;

(c) facilitating on-board occupational safety and health awareness training; and

(d) ensuring compliance with safety of navigation, watchkeeping and associated good seamanship

standards.

3. The skipper shall not be constrained by the fishing vessel owner from taking any decision which, in the

professional judgement of the skipper, is necessary for the safety of the vessel and its safe navigation and safe

operation, or the safety of the fishers on board.

4. Fishers shall comply with the lawful orders of the skipper and applicable safety and health measures.

PART III. MINIMUM REQUIREMENTS

FOR WORK ON BOARD FISHING VESSELS

MINIMUM AGE

Article 9

1. The minimum age for work on board a fishing vessel shall be 16 years. However, the competent authority

may authorize a minimum age of 15 for persons who are no longer subject to compulsory schooling as

provided by national legislation, and who are engaged in vocational training in fishing.

2. The competent authority, in accordance with national laws and practice may authorize persons of the age

of 15 to perform light work during school holidays. In such cases, it shall determine, after consultation, the kinds

of work permitted and shall prescribe the conditions in which such work shall be undertaken and the periods of

rest required.

3. The minimum age for assignment to activities on board fishing vessels, which by their nature or the

circumstances in which they are carried out are likely to jeopardize the health, safety or morals of young

persons, shall not be less than 18 years.

4. The types of activities to which paragraph 3 of this Article applies shall be determined by national laws or

regulations, or by the competent authority, after consultation, taking into account the risks concerned and the

applicable international standards.

5. The performance of the activities referred to in paragraph 3 of this Article as from the age of l6 may be

authorized by national laws or regulations, or by decision of the competent authority, after consultation, on

condition that the health, safety and morals of the young persons concerned are fully protected and that the

young persons concerned have received adequate specific instruction or vocational training and have

completed basic pre-sea safety training.

6. The engagement of fishers under the age of 18 for work at night shall be prohibited. For the purpose of

this Article, “night” shall be defined in accordance with national law and practice. It shall cover a period of at

least nine hours starting no later than midnight and ending no earlier than 5 a.m. An exception to strict

compliance with the night work restriction may be made by the competent authority when: