S.I. No. 586 of 2001

Fishing Vessel (Personal Flotation Devices) Regulations, 2001

I, FRANK FAHEY, Minister for the Marine and Natural Resources, in exercise of the powers conferred on me by section 19 of the Merchant Shipping Act, 1992 , as amended by section 44 of the Merchant Shipping (Investigation of Marine Casualties) Act, and the Marine (Alteration of Name of Department and Name of Minister) Order 1997 ( S.I. No. 301 of 1997 ), hereby make the following Regulations:

Citation and Commencement

1.      (1)      These Regulations may be cited as the Fishing Vessel (Personal Flotation Devices) Regulations, 2001.

(2)     These Regulations come into operation on 1 March 2002.

Interpretation

2.        In these Regulations, unless the context otherwise requires:

“crew member” means the skipper or any other person gainfully employed or engaged by the owner or skipper in any capacity on board a fishing vessel;

“fishing vessel” means any vessel designed, equipped or used commercially for catching or taking fish or other living resources of the sea (including the sea bed) but does not include a boat that is registered under the law of any State, other than the State;

“suitable personal flotation device” means a flotation device-

(a)      sufficient to give a person using it a positive buoyancy in waters which are likely to be encountered where the vessel on which it is required to be used is reasonably likely to be,

(b)      which is appropriate to the body weight of the person who is to wear it and also to the type of work being done, and

(c)      which has on it the CE conformity marking consisting of the initials “CE” taking the form of the specimen given in Annex IV of Council Directive 89/686/EEC of 21 December 1989¹ (as amended by Council Directive 93/68/EEC of 22 July 1993² and Council Directive 96/58/EC of the European Parliament and the Council of 3 September 1996³ ).

Application

3.       These Regulations apply to all crew members of fishing vessels.

Selection, Carriage and Wearing of Personal Flotation Devices

4.       Every fishing vessel shall carry a suitable personal flotation device for every person on board. The personal flotation device shall be worn at all times by the crew of the fishing vessel, when on the exposed deck of the vessel, or, in the case of open undecked vessels, on board the vessel, whether at sea, in harbour or coming to and from moorings.

5.       The skipper of a fishing vessel shall take all reasonable steps to ensure that all crew members wear a personal flotation device when on deck of the vessel, or, in the case of open undecked vessels, on board the vessel, whether at sea, in harbour or coming to and from moorings.

EXPLANATORY NOTE

(THIS NOTE IS NOT PART OF THE INSTRUMENT AND DOES NOT PURPORT TO BE A LEGAL INTERPRETATION)

These Regulations require all crew members of a fishing vessel to wear a personal flotation device at all times when on the deck of any fishing vessel or boat irrespective of its size, whether at sea, in harbour or coming to and from moorings.

¹ O.J. No. L.399, 30.12.89, p.18

² O.J. No. L.220, 30.8.93, p.1

³ O.J. No. L.236, 18.9.96, p.44