Merchant Shipping Act 57 Of 1951 - Regulations 2002-061 .

Republic of Namibia10Annotated StatutesREGULATIONSMerchant Shipping Act 57 of 1951Construction and Equipment Regulations for Fishing Vessels(a)new Namibian fishing vessels of 15 metres in length and over;(b)within six months after the date of promulgation of these Regulations, to existingNamibian fishing vessels of 15 metres in length and over that were built within aperiod of five years immediately preceding the date of such promulgation; and(c)within twelve months after the date of promulgation of these Regulations, toexisting Namibian fishing vessels of 15 metres in length and over that were builtmore than five years before the date of such promulgation.(2) Every fishing vessel required to hold a certificate in accordance with theseRegulations is subject to control and certification by officers duly authorized by the Directorate.(3) The certificate referred to in subregulation (2), if valid, must be accepted unlessthere are clear grounds for believing that the condition of the fishing vessel or of its equipmentdoes not correspond substantially with the particulars of that certificate or that the fishing vesseland its equipment are not in compliance with these Regulations.(4) In the circumstances given in subregulation (3), or where a certificate has expiredor ceases to be valid, the officer carrying out the control must take steps to ensure that thefishing vessel does not proceed to sea.(5) When exercising control over a fishing vessel, all possible efforts must be made toavoid a fishing vessel being unduly detained or delayed, and any fishing vessel unduly detainedor delayed, is entitled to compensation for any loss or damage suffered.Exemption from Regulations3.The Permanent Secretary may exempt fishing vessels from the application of theseRegulations only in accordance with regulation 6.CHAPTER 2GENERAL PROVISIONSApplication4.Unless expressly provided otherwise, these Regulations apply to new fishing vesselsof 15 metres in length and over.Definitions5.For the purposes of this Chapter -“amidships” means the mid-length of L measured from the forward perpendicular;“approved” means approved by the Directorate;“baseline” means the horizontal line intersecting at amidships the keel line;“breadth (B)” means the maximum breadth of the fishing vessel, measured amidships to themoulded line of the frame in a fishing vessel with a metal shell and to the outer surface of thehull in a fishing vessel with a shell of any other material;

Republic of Namibia11Annotated StatutesREGULATIONSMerchant Shipping Act 57 of 1951Construction and Equipment Regulations for Fishing Vessels“collision bulkhead” means a watertight bulkhead up to the working deck in the forepart of thefishing vessel in which the bulkhead is located at a distance from the forward perpendicular (a)not less than 0.05L and not more than 0.08L for fishing vessels of 45 metres in length andover;(b)not less than 0.05L and not more than 0.05L plus 1.35 metres for fishing vessels of lessthan 45 metres in length, except as may be allowed by the Directorate; and(c)in no case, less than 2.0 metres.“crew” means the skipper and all persons employed or engaged in any capacity on board afishing vessel on the business of that fishing vessel;“deepest operating waterline” means the waterline related to the maximum permissible operatingdraught;“depth (D)” means the moulded depth amidships;“enclosed superstructure” means a superstructure with (a)enclosing bulkheads of efficient construction;(b)access openings, if any, in the bulkheads referred to in paragraph (a) fitted withpermanently attached weathertight doors of a strength equivalent to the unpiercedstructure which can be operated from each side; and(c)other openings in sides or ends of the superstructure fitted with efficient weathertightmeans of closing,but does not include a bridge or poop, unless access is provided for the crew to reach machineryand other working spaces inside a bridge or poop by alternative means which are available at alltimes when bulkhead openings are closed;“existing fishing vessel” means a fishing vessel which is not a new fishing vessel;“forward and after perpendiculars” means perpendiculars taken at the forward and after ends ofthe length (L), with the forward perpendicular being coincident with the foreside of the stem onthe waterline on which the length is measured;“height of a superstructure or other erection” means the least vertical distance measured at sidefrom the top of the deck beams of a superstructure or an erection to the top of the working deckbeams;“keel line” means the line parallel to the slope of keel passing amidships through (a)the top of the keel or line of intersection of the inside of shell plating with the keel wherea bar keel extends above that line of a fishing vessel with a metal shell;(b)the rabbet lower line of the keel of a fishing vessel with a shell of wood or a compositefishing vessel; or

Republic of Namibia12Annotated StatutesREGULATIONSMerchant Shipping Act 57 of 1951Construction and Equipment Regulations for Fishing Vessels(c)the intersection of fair extension of the outside of the shell contour at the bottom with thecentreline of a fishing vessel with a shell of material other than wood and metal;“length (L)” means (a)96% of the total length of a waterline at 85% of the least moulded depth measured fromthe keel line; or(b)the length from the foreside of the stem to the axis of the rudder stock on the waterlinereferred to in paragraph (a), if that is greater, and, in fishing vessels designed with rake ofkeel, the length from the foreside of the stem to the axis of the rudder stock on thewaterline parallel to the designed waterline;“midship section” means that section of the hull defined by the intersection of the mouldedsurface of the hull with a vertical plane perpendicular to the waterline and centreline planespassing through amidships;“moulded depth” means the vertical distance (a)measured from the keel line to the top of the working deck beam at side;(b)in fishing vessels having rounded gunwales, measured to the point of intersection of themoulded lines of the deck and side shell plating, the lines extending as though thegunwale were of angular design; and(c)where the working deck is stepped and the raised part of the deck extends over the pointat which the moulded depth is to be determined, measured to a line of reference extendingfrom the lower part of the deck along a line parallel with the raised part;“new fishing vessel” means a vessel for which (a)on or after the date of entry into force of these Regulations, the building or majorconversion contract is placed;(b)the building or major conversion contract has been placed before the date of entry intoforce of these Regulations, and which is delivered three years or more after the date ofentry into force; or(c)in the absence of a building contract (i)the keel is laid;(ii)construction identifiable with a specific fishing vessel begins; or(iii)assembly has commenced comprising at least 50 tonnes or 1% of the estimatedmass of all structural material, whichever is the lesser;“skipper”, in relation to a fishing vessel, means a person (other than a pilot) having charge orcommand of that vessel;“superstructure” means the decked structure on the working deck extending from side to side ofthe fishing vessel or with the side plating not being inboard of the shell plating more than0.04B;

Republic of Namibia13Annotated StatutesREGULATIONSMerchant Shipping Act 57 of 1951Construction and Equipment Regulations for Fishing Vessels“superstructure deck” means the complete or partial deck forming the top of a superstructure,deckhouse or other erection situated at a height of not less than 1.8 metres above the workingdeck, and where this height is less than 1.8 metres above the working deck, the complete orpartial deck forming the top of a superstructure, deckhouse or other erection;“watertight” means capable of preventing the passage of water through the structure in anydirection under a head of water for which the surrounding structure is designed;“watertight” means capable of preventing the passage of water through the structure in anydirection under a head of water for which the surrounding structure is designed;“weathertight” means that in any sea conditions water will not penetrate into the fishing vessel;“working deck” means (a)generally the lowest complete deck above the deepest operating waterline from whichfishing is undertaken; and(b)in fishing vessels fitting with two or more complete decks, a lower deck situated abovethe deepest operating waterline, as the Directorate may accept.(2) Where any part of the underwater body of a fishing vessel extends forward of theforward perpendicular, for example, a bulbous bow, the distance stipulated in the definition of“collision bulkhead” must be measured from a point at mid-length of the extension forward ofthe forward perpendicular or from a point 0.015L forward of the forward perpendicular,whichever is the lesser.(3) The bulkhead may have steps or recesses, provided they are within the limitsprescribed in the definition of “collision bulkhead”.Exemptions6.(1) The Permanent Secretary may exempt any fishing vessel which embodiesfeatures of a novel kind from any of the requirements of Chapters 3, 4, 5, 6, 7 and 8, theapplication of which might seriously impede research into the development of such features andtheir incorporation in fishing vessels, provided any such fishing vessel complies with safetyrequirements which, in the opinion of the Directorate are adequate for the service of which it isintended and are such as to ensure the overall safety of the fishing vessel.(2) The Permanent Secretary may exempt any fishing vessel engaged solely in fishingwithin fifty nautical miles from the coast of Namibia from any of the requirements of theseRegulations if he or she considers that the application of the requirements is impracticable andunreasonable in view of the distance of the fishing vessel’s operating area from its base port inNamibia, the type of fishing vessel, the weather conditions, and the absence of generalnavigational hazards, provided the fishing vessel complies with safety requirements which, inthe opinion of the Permanent Secretary are adequate for the service for which it is intended andare such as to ensure the overall safety of the fishing vessel.(3) If the Permanent Secretary allows any exemption under this regulation he or shemust communicate to the Organization particulars of the exemption to the extent necessary toconfirm that the level of safety is adequately maintained.

Republic of Namibia14Annotated StatutesREGULATIONSMerchant Shipping Act 57 of 1951Construction and Equipment Regulations for Fishing VesselsEquivalents7.(1) Where these Regulations require that a particular fitting, material, applianceor apparatus, or type thereof, must be fitted or carried in a fishing vessel, or that any particularprovision must be made, the Directorate may allow any other fitting, material, appliance orapparatus, or type thereof, to be fitted or carried, or any other provision to be made in thatfishing vessel, if it is satisfied by trial thereof or otherwise that the fitting, material, appliance orapparatus, or type thereof, or provision, is at least as effective as that required by theseRegulations.(2) If the Directorate allows, in substitution, any other fitting, material, appliance orapparatus or type thereof, to be fitted or carried, or any other provision to be made in a fishingvessel in terms of subregulation, (1), he or she must communicate to the Organizationparticulars thereof together with a report on any trials made.Repairs, alterations and modifications8.A fishing vessel which undergoes repairs, alterations, modifications and outfittingrelated thereto must (a)continue to comply with at least the requirements previously applicable to thefishing vessel; and(b)meet the requirements for a new fishing vessel only to the extent of such repairs,alterations and modifications and only in so far as the Directorate thinks practicableand reasonable.Surveys9.(1)(a)An initial survey before the fishing vessel is put into service or before thecertificate required under regulation 10(1) and (4) is issued for the first time, whichmust include a complete survey of its structure, stability, machinery, arrangementsand material, including the outside of the fishing vessel’s hull and the inside andoutside of the boilers and equipment in so far as the fishing vessel is covered bythis regulation, provided this survey is such as to ensure that the -(b)Every fishing vessel must be subject to the surveys specified below:(i)arrangements, material, and scantlings of the structure, boilers, and otherpressure fishing vessels and their appurtenances, main and auxiliarymachinery, electrical installations, radio installations, including those used inlife-saving appliances, fire protection, fire safety systems and appliances,life-saving appliances and arrangements, shipborne navigational equipment,nautical publications and other equipment fully comply with the requirementsof these Regulations; and(ii)the workmanship of all parts of the fishing vessel and its equipment is in allrespects satisfactory and that the fishing vessel is provided with Regulationsand the International Regulations for Preventing Collisions at Sea;where pilot transfer arrangements arc carried, a survey of the arrangements referredto in subparagraph (i) of paragraph (a) must be made to ensure that they are in a

Republic of Namibia15Annotated StatutesREGULATIONSMerchant Shipping Act 57 of 1951Construction and Equipment Regulations for Fishing Vesselssafe working condition and comply with the relevant requirements of theInternational convention for the Safety of Life at Sea, 1974;(c)periodical surveys at intervals specified below:(i)Four years with regard to the structure, including the outside of the fishingvessel’s hull, and machinery of the fishing vessel referred to in Chapters 3 to7, but in terms of regulation 14(1), the period may be extended for one year,subject to the fishing vessel being surveyed internally or externally as far asit is practicable and reasonable;(ii)one year with regard to the equipment of the vessel referred to in Chapters 3,4, 5, 6, 8, and 10; and(iii)one year with regard to the radio installations, including those used in lifesaving appliances:Provided that (aa)periodical surveys must be such as to ensure that the appropriate itemsreferred to in paragraphs (a) and (b) fully comply with the applicablerequirements of these Regulations, that the equipment is in goodworking order and that the stability information is readily available onboard; and(bb) when the duration of the certificate issued under regulation 10 isextended as specified in regulation 14(1), the intervals of the surveysmay be extended correspondingly;(d)in addition to the periodical survey required by subparagraph (i) of paragraph (c),intermediate surveys with regard to the structure and machinery of the fishingvessel at intervals specified by the Directorate, and the survey must be such as toensure that alterations which would adversely affect the safety of the fishing vesselor the crew have not been made;(e)periodical surveys, as specified in subparagraphs (ii) and (iii) of paragraph (c) mustbe endorsed on the certificate referred to in regulation 10, and such endorsementshall be in Form 1 set out in the Appendix;(f)intermediate surveys, as specified in paragraph (d), must be endorsed on thecertificate referred to in regulation I 0, and such endorsement shall be in Form 2 setout in the Appendix; and(g)in the case of fishing vessels not holding a valid hull classification certificate froma recognised classification society, annual drydock surveys, unless an extension isgranted by the Directorate: Provided that such an extension may not exceed 12months.(2) The inspection and survey of fishing vessels must, so far as the enforcement ofthese Regulations and the granting of exemptions therefrom are concerned, be carried out byofficers of the Directorate, or the Directorate may entrust the inspections and surveys either tosurveyors or to organizations recognized by it.

Republic of Namibia16Annotated StatutesREGULATIONSMerchant Shipping Act 57 of 1951Construction and Equipment Regulations for Fishing Vessels(3) The Directorate must, as a minimum, empower any recognised surveyor ororganization (a)to require repairs to a fishing vessel; and(b)to carry out inspections and surveys of a fishing vessel if requested by theappropriate authority.(4) When the surveyor or the organization referred to in subregulation (3) determinesthat the condition of the fishing vessel or its equipment does not correspond substantially withthe particulars of the certificate or is such that the fishing vessel is not fit to proceed to seawithout danger to the fishing vessel or persons on board, that surveyor or organization mustimmediately ensure that corrective action is taken by the owner or master of the fishing vesseland must, in due course, notify the Directorate.(5) If the corrective action referred to in subregulation (4) is not taken, the surveyor orthe organisation referred to in subregulation (3) must withdraw the relevant certificate and mustimmediately notify the Directorate, and if the fishing vessel is in the port of another Party, mustalso immediately notify the appropriate authorit

LAUNCHING AND EMBARKATION APPLIANCES 209. General requirements for launching appliances 210. Launching appliances using falls and a winch 211. Float-free launching 212. Free-fall launching 213. Evacuation-slide launching and embarkation 214. Life raft launching appliances 215. Embarkation ladders CHAPTER 9 EMERGENCY PROCEDURES, MUSTERS