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Fishermen's Competency Certificates Convention, 1966 (No. 125) - New Caledonia

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Articles 7 and 9 of the Convention. Requirements for the issue of certificates of competency. The Committee requested the Government to indicate the measures necessary to give effect to Article 7 (the minimum professional experience prescribed by national laws or regulations for the issue of a mate’s certificate of competency shall be not less than three years’ sea service engaged in deck duties) and Article 9(1) of the Convention (the minimum professional experience required for the issue of an engineer’s certificate of competency shall be not less than three years’ sea service in the engine-room). The Committee also requested the Government to provide information on the role of the New Caledonia Maritime Vocational School with regard to preparation for the skipper’s certificate for small vessels and the skipper’s certificate for fishing vessels. The Committee notes the Government’s indication that section 22 of Organic Act No. 99–209 of 19 March 1999 concerning New Caledonia transfers competence with regard to labour rights and vocational training to New Caledonia. Responsible for the various maritime training courses developed in the country, New Caledonia authorized France to issue vocational qualifications in maritime skills in New Caledonia. In order to do so, the French authorities ensure the conformity of the standards developed by New Caledonia for trainings in maritime skills by approving local training organizations. The Government concludes that reference should be made to the replies of the French Government on the points raised above concerning the issuance of certificates for mates and engineers in fishing. While noting these developments, the Committee requests the Government to provide information on the number of certificates issued as well as statistics on the infringements observed as regards certificates of competency of fishers and any follow-up action.

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Articles 7 and 9 of the Convention. Requirements for the issue of certificates of competency. The Committee notes with regret that, in its very brief report, the Government confines itself to indicating that it is not in a position to provide the information requested. The Committee recalls its previous comments, in which it noted that the experience required for the issue of certificates of competency for mates and engineers in fishing, set respectively at 18 and 15 months, is not in conformity of the provisions of the Convention. The Committee therefore requests the Government to indicate the manner in which compliance is ensured with the conditions set out in these Articles of the Convention and to provide a copy of any relevant text in this respect. The Committee also notes, according to the available information, that the New Caledonia Maritime Vocational School provides, among other courses, preparatory training for the skipper’s certificate for small vessels and the skipper’s certificate for fishing vessels. The Committee requests the Government to indicate the competency certificate required to perform the functions of skipper on board a fishing vessel of over 25 tonnes, and particularly a longline vessel. The Government is also requested to provide further information on the conditions for the issue of this certificate (minimum age, prescribed experience, content of the training).

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The Committee notes with regret that the Government’s report does not contain replies to its previous comments. It is therefore bound to renew its request for information on the following points.

Articles 7 and 9 of the Convention. The Committee recalls that the minimum professional experience required by the Convention is at least three years’ sea service engaged in deck duties in order to obtain a mate’s certificate of competency and at least three years’ sea service in the engine-room in order to obtain an engineer’s certificate of competency. It notes that the Government’s report of 2002 appears to indicate that the minimum professional experience required for a mate’s certificate of competency and for an engineer’s certificate of competency is 18 and 15 months respectively. The Committee therefore requests the Government to provide further clarification in this regard.

Part V of the report form. The Committee would appreciate if the Government would communicate in its next report more detailed information on the fishing sector concerning, in particular, the number of vessels of more than 25 registered tons in New Caledonia, the number of certificates of competency issued, statistics on the infringements observed as regards certificates of competency of fishers and any follow-up action, as well as any other information which would enable the Committee to better evaluate the conformity of the national law and practice with the requirements of the Convention.

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The Committee notes the information supplied by the Government in its latest report, particularly in regard to the introduction of certificates of competency for skippers, mates and engineers of fishing vessels since the recent development of bottom-line fishing for tunny in the exclusive economic zone of the territory. It also notes the information concerning the Certificat d’initiation nautique or CIN (nautical initiation certificate) for bottom-line fishing, which qualifies the bearer to work as a fisher on board fishing vessels. It requests further information on the following matters.

Articles 7 and 9 of the Convention. The Committee recalls that the minimum professional experience required by the Convention is not less than three years’ sea service engaged in deck duties for the issue of a mate’s certificate of competency and not less than three years’ sea service in the engine-room for the issue of an engineer’s certificate of competency. It notes that, according to the Government’s report, the minimum professional experience prescribed to obtain the grades of second engineer and engineer is 18 months and 15 months, respectively. The Committee therefore asks the Government to provide clarification on this matter.

Part V of the report form. The Committee would be grateful if the Government would supply in its next report more detailed information on the fishery sector, particularly on the number of vessels over 25 tonnes registered in New Caledonia, the number of certificates issued, statistics on the contraventions recorded concerning fishers’ competency certificates and the follow-up effected as well as any other information enabling it to better assess the conformity of national law and practice with the requirements of the Convention.