CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

Article 3 of the Convention. Laws and regulations which ensure the application of the provisions of Parts II, III and IV of the Convention. The Committee notes with regret that the information provided in the Government’s report reproduces essentially the same information provided in the previous report concerning the matters that it has been raising since 2005. However, it notes the indication that a draft text is being prepared to update the provisions of Regulation No. 1814–77 of 22 December 1977 issuing sanitary rules for Soviet vessels and boats, which will be in conformity with the provisions of the Work in Fishing Convention, 2007 (No. 188). In this respect, the Committee recalls that Annex III of Convention No. 188 essentially reproduces the provisions of Convention No. 126. It therefore hopes that, when preparing the draft text referred to above, the Government will take into consideration the comments that it has been making for several years concerning the application of the following provisions of the Convention: penalties for violations of the relevant legislation (Article 3(2)(d) and (e)); periodical inspection of fishing vessels (Article 5); bulkheads being watertight and gastight (Article 6(3)); prohibition of heating on board by open fires (Article 8(3)); indication of maximum sleeping room capacity (Article 10(9)); one wash basin for every six persons or less (Article 12(2)(c)); quality of soil and waste pipes and facilities for drying clothes (Article 12(7) and (11)); sick bay required for vessels of 45.7 meters in length or over (Article 13(1)); and alterations to existing vessels to ensure conformity with the Convention (Article 17(2) to (4)). The Committee requests the Government to keep the Office informed of any developments in the process of the adoption of the draft text and to provide a copy when it has been finalized. In this context, the Committee also invites the Government to consider favourably the ratification of Convention No. 188, which updates in an integrated manner most of the existing ILO instruments on fishing, and to keep the Office informed of any decision in this respect.

Furthermore, as it has not received any further indications on these points, the Committee once again requests the Government to provide precise information on the application in practice of the following provisions of the Convention: Article 6(2), (4), (7) and (9) to (11), (13) and (14); Article 8(2); Article 9(5); Article 10(1), (5) and (13) to (26); Article 11(7) and (8); and Article 16(6).

Finally, in view of the significance of the fishing fleet in the country and the economic difficulties experienced by the sector, the Committee requests the Government to provide detailed information on the application of the Convention in practice, including up-to-date statistics on the size of the fishing fleet disaggregated by vessel category and age, the number of jobs created, the number of enterprises active in the sector, the importance of fisheries in the national economy and current trends in the sector, as well as copies of official reports or studies of the State Committee for Fishing or other competent bodies.

CMNT_TITLE

The Committee notes the Government’s report which is practically a repetition of general information already submitted in previous reports in 2003 and 2000. The Committee recalls its detailed comment addressed in 2005 and again in 2006 in which it requested the Government to clarify the state of law and practice and supply full particulars on the application of numerous provisions of the Convention. In the absence of any specific replies, the Committee is bound to ask once more the Government to supply concrete information, including copies of relevant laws, regulations or administrative instructions, on relevant measures taken or envisaged in relation to the following points: penalties for violations of the relevant legislation (Article 3(2)(d),(e) of the Convention); periodical and complaint-based inspection of fishing vessels (Article 5); bulkheads being watertight and gastight (Article 6(3)); prohibition of heating on board by open fires (Article 8(3)); indication of maximum sleeping room capacity (Article 10(9)); one wash basin for every six persons or less (Article 12(2)(c)); quality of soil and waste pipes and facilities for drying clothes (Article 12(7),(11)); sickbay required for vessels of 45.7 metres in length or over (Article 13(1)); alterations to existing vessels to ensure conformity with the Convention (Article 17(2)–(4)).

In addition, the Government is again requested to explain how the application of the following provisions is ensured: Article 6(2), (4), (7), (9)–(11), (13), (14); Article 8(2); Article 9(5); Article 10(1), (5), (13)–(26); Article 11(7), (8); and Article 16(6).

Furthermore, the Committee notes that the Government makes renewed reference to Order No. 30 of 2001 of the State Committee for Fishing regarding regulations on the registration of fishing vessels and their entitlements at maritime fishing ports, as providing for the monitoring of the application of the Convention through systematic inspections. The Committee notes, however, that the abovementioned Order, as amended by Order No. 176 of 2003 of the State Committee for Fishing, does not appear to contain any specific provisions concerning inspection of fishing vessels. It accordingly requests the Government to provide additional explanations in this regard.

Part V of the report form. The Committee notes that according to statistical information published by the UN Food and Agriculture Organization (FAO), in 2002, the offshore fleet comprised 2,500 fishing vessels, 17 per cent of which were large vessels over 64 metres in length, 51 per cent were medium-sized vessels or 34–65 metres in length, and 32 per cent were small vessels, or 24–34 metres in length. According to the same information, the fishing fleet in the last decade contracted by almost 40 per cent, especially larger vessels, while two-thirds of the fleet is very old. Finally, the fishing industry is believed to provide employment to more than 150,000 people, representing 1 per cent of total industrial employment. The Committee would appreciate if the Government would provide up to date information on the practical application of the Convention, including, for instance, statistics on the size of the fishing fleet broken down by vessel category and age, estimated employment, the number of enterprises active in the sector, the importance of fisheries in the national economy and current trends in fisheries, copies of official reports or studies of the State Committee for Fishing or other competent bodies, etc.

Finally, the Committee seizes this opportunity to draw the Government’s attention to the new Work in Fishing Convention, 2007 (No. 188), which revises and brings up to date in an integrated manner most of the existing ILO fishing instruments. The new Convention provides a modern and flexible regulatory framework covering large fishing operations but also addressing the concerns of small-scale fishers. In particular, Annex III of the Work in Fishing Convention essentially reproduces the provisions of Convention No. 126 adding a new length–tonnage conversion rate (24 metres equivalent to 300 gross tonnage) and also the possibility to introduce, under certain conditions, limited “alternative requirements” as regards headroom, floor area per person, berth size and sanitary facilities. The Committee invites the Government to give due consideration to the new comprehensive standard on fishers’ working and living conditions and to keep the Office informed of any decision it may take as regards its ratification.

[The Government is asked to reply in detail to the present comments in 2009.]

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3, paragraphs 2(d) and 2(e), of the Convention. The Committee notes that the Government does not indicate specific provisions of laws or regulations regarding penalties for any violation of the relevant laws and regulations, nor does it specify whether the implementing legislation requires periodic consultations with the fishing vessel owners’ and fishermen’s organizations, in respect of the framing of regulations and their practical application. It therefore asks the Government to provide additional information in this regard.

Article 5. The Committee notes the Government’s reference to the rules for the registration of vessels of a fishing fleet and entitlements in their regard at maritime fishing ports, adopted on 31 January 2001 by Order No. 30 of the State Committee for Fishing. It would appreciate receiving a copy of these rules, as well as all available information, including statistics, as to how inspections of fishing vessels are conducted in practice.

Article 6, paragraph 3. The Committee requests the Government to indicate how it is ensured in the fishing vessels of all four categories that the bulkhead separating fish holds and fish meals rooms, spaces for machinery, galleys, lamp and paint rooms, engine, deck and other bulk store rooms, drying rooms, communal wash places and water closets from sleeping rooms, is efficiently constructed so that it be watertight and gas tight.

Article 8, paragraph 3. The Committee notes that the Sanitary Rules for sea-going vessels of the fishing fleet of the Russian Federation, issued on 22 December 1977, under No. 1814-77 (hereinafter referred to as the “Sanitary Rules”), do not explicitly prohibit heating by means of open fires. It asks the Government to provide explanations on this point.

Article 10, paragraph 9. The Committee notes that, under section 2.1.3. of the Sanitary Rules, the doors of all accommodations must have an inscription indicating the function of the accommodation. It asks the Government to indicate how it is ensured, in the case of sleeping rooms, that such inscriptions also specify the maximum number of persons to be accommodated in each room.

Article 12, paragraph 2(c). While noting that the Sanitary Rules stipulate that one washbasin must be provided for every eight persons, as compared to six persons or less required under this Article of the Convention, the Committee asks the Government to indicate the measures taken or envisaged to bring the national legislation into conformity with the Convention.

Article 12, paragraphs 7 and 11. The Committee notes that there seem to exist no specific provisions requiring that: (i) soil pipes and waste pipes do not pass through fresh water, drinking water tanks, or overhead in mess rooms and sleeping accommodations; and (ii) facilities for drying clothes be in a compartment separate from sleeping rooms, mess rooms and water closets. It asks the Government to indicate the provisions giving effect to these requirements of the Convention.

Article 13, paragraph 1. The Committee notes that the Sanitary Rules require a sickbay to be provided on vessels of category I (i.e. vessels of 65 metres in length or over) and not to vessels of 45.7 metres and above, as prescribed by the Convention. The Government is asked to indicate the measures taken or envisaged to bring the national legislation into conformity with the Convention.

Article 17, paragraphs 2, 3 and 4. The Committee asks the Government to provide more detailed information on the application of the Convention to fishing vessels which were already in operation at the time the Convention came into force, and which had to undergo structural alterations for the purpose of attaining conformity with the standards set out in the Convention.

Moreover, the Committee asks the Government to supply full particulars on the application of Article 6, paragraphs 2, 4, 7, 9 to 11, 13 and 14; Article 8, paragraph 2; Article 9, paragraph 5; Article 10, paragraphs 1, 5, and 13 to 26; Article 11, paragraphs 7 and 8; and Article 16, paragraph 6, on which no information has been provided so far.

Part V of the report form. The Committee would be grateful if the Government would supply general information on the practical application of the Convention, such as statistics on the fishing industry (number of vessels and workforce), extracts from inspection reports, copies of official documents such as inspection guidelines or manuals, etc.

 

CMNT_TITLE

The Committee notes the information provided in the Government’s last report. It asks the Government to provide further information on the following points.

Article 3, paragraphs 2(d) and 2(e), of the Convention. The Committee notes that the Government does not indicate specific provisions of laws or regulations regarding penalties for any violation of the relevant laws and regulations, nor does it specify whether the implementing legislation requires periodic consultations with the fishing vessel owners’ and fishermen’s organizations, in respect of the framing of regulations and their practical application. It therefore asks the Government to provide additional information in this regard.

Article 5. The Committee notes the Government’s reference to the rules for the registration of vessels of a fishing fleet and entitlements in their regard at maritime fishing ports, adopted on 31 January 2001 by Order No. 30 of the State Committee for Fishing. It would appreciate receiving a copy of these rules, as well as all available information, including statistics, as to how inspections of fishing vessels are conducted in practice.

Article 6, paragraph 3. The Committee requests the Government to indicate how it is ensured in the fishing vessels of all four categories that the bulkhead separating fish holds and fish meals rooms, spaces for machinery, galleys, lamp and paint rooms, engine, deck and other bulk store rooms, drying rooms, communal wash places and water closets from sleeping rooms, is efficiently constructed so that it be watertight and gas tight.

Article 8, paragraph 3. The Committee notes that the Sanitary Rules for sea-going vessels of the fishing fleet of the Russian Federation, issued on 22 December 1977, under No. 1814-77 (hereinafter referred to as the "Sanitary Rules"), do not explicitly prohibit heating by means of open fires. It asks the Government to provide explanations on this point.

Article 10, paragraph 9. The Committee notes that, under section 2.1.3. of the Sanitary Rules, the doors of all accommodations must have an inscription indicating the function of the accommodation. It asks the Government to indicate how it is ensured, in the case of sleeping rooms, that such inscriptions also specify the maximum number of persons to be accommodated in each room.

Article 12, paragraph 2(c). While noting that the Sanitary Rules stipulate that one washbasin must be provided for every eight persons, as compared to six persons or less required under this Article of the Convention, the Committee asks the Government to indicate the measures taken or envisaged to bring the national legislation into conformity with the Convention.

Article 12, paragraphs 7 and 11. The Committee notes that there seem to exist no specific provisions requiring that: (i) soil pipes and waste pipes do not pass through fresh water, drinking water tanks, or overhead in mess rooms and sleeping accommodations; and (ii) facilities for drying clothes be in a compartment separate from sleeping rooms, mess rooms and water closets. It asks the Government to indicate the provisions giving effect to these requirements of the Convention.

Article 13, paragraph 1. The Committee notes that the Sanitary Rules require a sickbay to be provided on vessels of category I (i.e. vessels of 65 metres in length or over) and not to vessels of 45.7 metres and above, as prescribed by the Convention. The Government is asked to indicate the measures taken or envisaged to bring the national legislation into conformity with the Convention.

Article 17, paragraphs 2, 3 and 4. The Committee asks the Government to provide more detailed information on the application of the Convention to fishing vessels which were already in operation at the time the Convention came into force, and which had to undergo structural alterations for the purpose of attaining conformity with the standards set out in the Convention.

Moreover, the Committee asks the Government to supply full particulars on the application of Article 6, paragraphs 2, 4, 7, 9 to 11, 13 and 14; Article 8, paragraph 2; Article 9, paragraph 5; Article 10, paragraphs 1, 5, and 13 to 26; Article 11, paragraphs 7 and 8; and Article 16, paragraph 6, on which no information has been provided so far.

Part V of the report form. The Committee would be grateful if the Government would supply general information on the practical application of the Convention, such as statistics on the fishing industry (number of vessels and workforce), extracts from inspection reports, copies of official documents such as inspection guidelines or manuals, etc.

CMNT_TITLE

The Committee notes the Government's report for the period ending 1997. It requests the Government to provide copies of the following documents:

-- Sanitary Regulations for seagoing fishing vessels of the fishing fleet of the USSR, published in 1980;

-- Rules for the classification and construction of seagoing vessels of the Register of the USSR;

-- Rules concerning accident prevention on vessels of the fishing fleet of the USSR;

-- Sectoral Standard "Ships of fishing fleet. General requirements of safety", approved on 31 January 1980 under No. 50 (OST 15.210-79);

-- Sectoral Standard "Ships of fishing fleet. Routes, communications, ladders, ramps. Safety requirements", approved on 31 January 1980 under No. 50 (OST 15.211-79);

-- Sectoral Standard "Ships of fishing fleet. Ship's accommodations. Safety requirements", approved on 31 January 1980 under No. 50 (OST 15.214-79);

-- Sanitary norms of noise in the accommodations of ships of river fleet, approved in 1976 under No. 1404-76;

-- Sanitary Regulations for ships of fishing fleet of internal reservoirs, approved on 7 August 1980 under No. 2195-80;

-- Additions to norms of artificial lighting on ships of river fleet, approved in 1979 under No. 2109-79; and

-- Regulations for the classification and construction of maritime vessels of the Russian maritime register of shipping, 1995.

REQUESTS The Government is asked to report in detail in 2000. #REPORT_DATE:00:00:2000