SAMSA firmly puts foot down on SA fishermen safety law compliance: PE fishing firm forced to toe the line!

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File Photo: Fishing vessels berthed at the port of Port Elizabeth

Pretoria: 24 September 2018

Ensuring maximum safety for fishermen crews in South Africa’s commercial fishing sector should be a matter of common sense both from a basic human and business perspective.

cropped-samsa-master-logoThis is particularly so for employers in the sector in view of the stark fact that owners as well as skippers of fishing vessels that flout legislation for the protection of fishermen can face both jail terms of a minimum one year, as well as a fine of up to R40 000 per incident when found in contravention.

This is according to the South African Maritime Safety Authority (SAMSA) at the weekend following an incident in Port Elizabeth a few days earlier during which a fishing vessel was prohibited to sail after the owners and skipper were established to have contravened sections of the Maritime Occupational Safety Regulations (MOS Regs) 1994.

The contravention concerned, in particular, Regulation 4 of the MOS Regs (1994) relating to compulsory provision of safety equipment and facilities by employers to fishermen whilst at sea.

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File Photo: In the foreground to the left, a fisherman working on fishing equipment at the port of Port Elizabeth

A SAMSA report last week indicated that an ad hoc inspection of the Fv Silver Explorer, managed by Talhado Fishing Enterprises on behalf of M B Fishing Ventures, berthed at the port of Port Elizabeth had found that the vessel’s crew had to personally pay for some of their required safety clothing, which were ‘oilskin pants, trousers and gumboots’.

The report states: “During an ad hoc inspection on the Fv Silver Explorer (on Wednesday morning) everything was found to be in order except that the crew was still paying for their Oilskin pants and oilskin trousers, as well as their gumboots.

“These items are part of their protective clothing as per Maritime Occupational Safety Regulations, 1994, Reg 4 which is for the (vessel) Owners Account. Corrective action was to prohibit the vessel from sailing until the matter was addressed in terms of regulations and proof thereof forwarded to SAMSA.”

SAMSA says that afternoon, Talhado Fishing Enterprises responded with a written commitment to rectify the situation by supplying the involved clothing items at its own expense going forward.

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File Photo: A SAMSA official chatting to fishermen in Mossel Bay

In the written response, among other things, the fishing vessel’s shore skipper, Mr Robert Mentzel said: “This letter serves to confirm that Talhado Fishing Enteprises will cover the cost of protective clothing; 1 x Oilskin jacket, 1 oilskin pants, 1 x gumboots, 2 pairs of socks….from the opening of November 2018

“Initially, the skipper will hand out the PPE on sailing day open season and the crew will hand over the PPE to the skipper on docking day. A register will be kept on board by the skipper to control this.”

After receipt of the commitment, SAMSA lifted the sailing prohibition and allowed the vessel a free run.

However, SAMSA described the outcome of the case, where the company committed to self-finance protective clothing for its fishermen crew, in according with law, as a major milestone in the promotion of and monitoring of compliance with law by the commercial fishing sector with regards to fishermen safety.

In fact, SAMSA said, the Wednesday incident occurred just a one other fishing company, also in Port Elizabeth, had embraced the legal requirement to supply its fishermen crew with personal protective equipment at the fishing vessel owner’s cost.

SAMSA reported that “the company manages 15 vessels with crews of between 20 and 25 persons at R1200,00 per annum per person- which means over 330 crews with a total saving back in their pockets of over R400 000  per year.”

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File Photo: Bags full of ice used for storage of fish in fishing in South Africa’s commercial fishing vessels

According to SAMSA, all licensed fishing companies in South Africa are aware of the MOS Regulations.1994, yet violation remains prevalent in a sector where no less than 3000 fishermen – in the southern region of the country at least – remain exposed to industry practices that leave them financing certain items of their workplace Personal Protective Clothing/Equipment (PPE) contrary to provisions of the law.

In the process, what earnings fishermen made during their employment were significantly reduced, with massive negative impacts to their social lives.

A victory for SA fishermen!

“This is a victory for the fishermen as it will result in a saving for each and every fisherman, with money back in their accounts,” said SAMSA, further noting that enforcement will continue to ensure that all companies adhere to the regulations and that where they are found to have failed, it is made sure that they are “dealt with in accordance with the regulations.”

 

Regular consultations and information sharing continues with the sector about the issues, the latest meeting having taken place in Cape Town in July this year.

According to SAMSA, South Africa as a Member State of the International Maritime Organization (IMO) and with close relations with the International Labour Organization (ILO), is not only committed to ensuring compliance with own legislation but also with ensuring implementation of various other international related instruments including the ILO’s Working in Fishing Convention 188 (2007) relating to the promotion of fishermen and fishing vessels safety and working conditions.

 

In fact, the country has been praised globally for its leading role in the promotion of fishermen and fishing vessels’ safety the world over, particularly in the last 13 years and during which period accidents and deaths have reduced in South Africa from double to single digits per annum.

The ILO in particular recently heaped praised on South Africa, but SAMSA in particular for its contribution to the development of the implementation of Convention 188 and which was historically implemented in this country for the first time in December 2017.

South Africa has also been a major contributor to the IMO’s ‘Cape Town Agreement’ On the Implementation of the Provisions of Torremolinos Protocol of 1993 relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977.

SAMSA PromoGif

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Fishing vessels due for display of flag State on international waters: IMO

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Pretoria: 27 October 2017

Fishing vessels on international waters may soon be expected to display their identities prominently, in the form of flags of States in which they registered, should the International Maritime Organization (IMO) Assembly pass a resolution proposing this at its scheduled meeting in November 2017.

This is according to the IMO in an article published on Thursday reflecting on progress achieved during a five day seminar for Anglophone African countries held in Cape Town a week ago focused on an agreement on global fishing vessels safety being canvassed for ratification and implementation.

The seminar at the Castle of Good Hope from Monday to Friday (16-20 October) was the second for African countries and seventh in the series since the founding of the IMO ‘Cape Town Agreement by 58 countries in the same city five years ago.

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Ms Sandra Allnut. International Maritime Organisation (IMO) head of Maritime Technology Safety Division.

Ms Sandra Rita Allnut, the head of Maritime Technology in IMO’s Maritime Safety Division led the IMO team for the Cape Town seminar attended by 10  Africa Anglophone region countries last week, and in her view, the gathering achieved its main objectives.

Earlier seminars organized jointly by the IMO  and the Food and Agriculture Organization (FAO) were held in the Cook Islands (28 August – 1 September 2017), also involving 10 countries in the Pacific region; in Côte d’Ivoire (December 2016), for 12 countries from the Africa Francophone region; in Indonesia (April 2015), for 11 countries from the East Asia region; in Belize (October 2014), for 13 countries in the Caribbean; and in Peru (June 2014), for 12 countries in Latin America.

The aim of these seminars according to Ms Allnut was to promote ratification of The Cape Town Agreement 2012 as a means to bringing into effect the provisions of the 1977 Torremolinos International Convention for the Safety of Fishing Vessels, which was later modified by the 1993 Torremolinos Protocol.

In ratifying the 2012 Agreement, she said, IMO member States would be giving consent to amendments to the provisions of the 1993 Protocol, thereby facilitating their coming  into force as soon as possible thereafter.

In terms of the arrangement this would require at least 22 IMO member States to give effect to the treaty coming into force in no less than 12 months after endorsement.

DSC_1750However, additional conditions include that the agreement ratifying member States operating on the high seas would need to have an aggregate 3,600 fishing vessels of 24 m in length and over, collectively.

So far, only seven countries have ratified the Cape Town Agreement: Congo, Denmark, Germany, Iceland, Netherlands, Norway and South Africa and together, they have an  aggregate stock of 884 fishing vessels of 24 m in length and over, operating on the high seas.

DSC_1771 (3)At conclusion of last week’s seminar at Castle of Good Hope in Cape Town, an undertaking was given that South Africa, actively and closely working with the IMO, would assist African countries with legal and technical expertise where needed.

South Africa would also share such other expertise as may be necessary including a draft of regulations aimed at giving effect to ratification and implementation of the IMO Cape Town Agreement.

Meanwhile, in an article by the IMO on Thursday, reflecting on the South Africa hosted seminar last week, the organization said moves to promote global safety of both fishing vessels as well as fishing workers were gaining ground in a number of key areas.

DSC_1728According to the IMO, these included the entry into force of treaties under the International Labour Organization (ILO) and the FAO – among these, the ILO’s Work in Fishing Convention 2007 (Convention No. 188) effective 16 November 2017.

The treaty sets minimum requirements for work on board fishing vessels, including hours of rest, food, minimum age and repatriation.

In addition, a number of proposals to address illegal, unregulated and unreported (IUU) fishing, focusing on key areas of vessel identification; flag and port state performance; training and implementation of relevant instruments; and environmental issues were recently agreed by the IMO’s Sub-Committee on Implementation of IMO Instruments (III).

In further progress, in late November 2017, the IMO Assembly is expected to adopt a resolution to extend the IMO ship identification number scheme, on a voluntary basis, to all fishing vessels that are more than 12 metres in length and authorized to operate outside waters under national jurisdiction of the flag State.

According to the IMO, the move is anticipated to contribute to the maintenance of a global record on registered fishing vessels.

To read the full IMO report published on Thursday, Click Here

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