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of this Article may be ensured through:

(a) a system for fishing vessel owners liability; or

(b) compulsory insurance, workers compensation or other schemes.

Article 39

1. In the absence of national provisions for fishers, each Member shall adopt laws, regulations or other

measures to ensure that fishing vessel owners are responsible for the provision to fishers on vessels flying its

flag, of health protection and medical care while employed or engaged or working on a vessel at sea or in a

foreign port. Such laws, regulations or other measures shall ensure that fishing vessel owners are responsible

for defraying the expenses of medical care, including related material assistance and support, during medical

treatment in a foreign country, until the fisher has been repatriated.

2. National laws or regulations may permit the exclusion of the liability of the fishing vessel owner if the

injury occurred otherwise than in the service of the vessel or the sickness or infirmity was concealed during

engagement, or the injury or sickness was due to wilful misconduct of the fisher.

PART VII. COMPLIANCE AND ENFORCEMENT

Article 40

Each Member shall effectively exercise its jurisdiction and control over vessels that fly its flag by

establishing a system for ensuring compliance with the requirements of this Convention including, as

appropriate, inspections, reporting. monitoring, complaint procedures, appropriate penalties and corrective

measures, in accordance with national laws or regulations.

Article 41

1. Members shall require that fishing vessels remaining at sea for more than three days, which:

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

(b) 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,

carry a valid document issued by the competent authority stating that the vessel has been inspected by the

competent authority or on its behalf, for compliance with the provisions of this Convention concerning living and

working conditions.

2. The period of validity of such document may coincide with the period of validity of a national or an

international fishing vessel safety certificate, but in no case shall such period of validity exceed five years.

Article 42

1. The competent authority shall appoint a sufficient number of qualified inspectors to fulfil its responsibilities

under Article 41.

2. In establishing an effective system for the inspection of living and working conditions on board fishing

vessels, a Member, where appropriate, may authorize public institutions or other organizations that it

recognizes as competent and independent to carry out inspections and issue documents. In all cases, the

Member shall remain fully responsible for the inspection and issuance of the related documents concerning the

living and working conditions of the fishers on fishing vessels that fly its flag.