INTERNATIONAL LABOUR CONFERENCE
92nd SESSION 2004
AGENDA ITEM ON CONDITIONS OF WORK 
IN THE FISHING SECTOR
Report V(1): Conditions of work in the fishing sector: 
A comprehensive standard (a Convention supplemented 
by a Recommendation) on work in the fishing sector
QUESTIONNAIRE – REPLY FORM

Country:		

Institution name and address:		

		

Date:		

In accordance with article 38, paragraph 1, of the Standing Orders of the International Labour Conference, governments are requested to consult the most representative organizations of employers and workers before finalizing their replies to the following questionnaire and to give reasons for their replies. The replies are to reach the International Labour Office in Geneva by 1 August 2003 at the latest.
This form is provided to make replying easier. Copies can be made for employers’ and workers’ organizations if their replies are to be separate. Please place an “X” in the appropriate answer. If additional explanations are required, these can be attached but please make sure the number of the question is clearly given.
This questionnaire must be read in conjunction with Report V(1). Both the report 
and questionnaire reply form will be available on the ILO Internet site (http://www.ilo.org/public/english/standards/relm/ilc/ilc92/reports.htm).
Names of the most representative organizations of employers and workers consulted:

	
Is this a separate reply from an employers’ organization?	 Yes	 No
Is this a separate reply from a workers’ organization?	 Yes	 No

Questionnaire
As noted in the introduction to the law and practice report, the Governing Body has placed on the agenda of the 92nd (June 2004) Session of the International Labour Conference an item concerning a comprehensive standard (a Convention supplemented by a Recommendation) on work in the fishing sector. It is proposed that this new standard (or standards) would revise the existing seven ILO instruments – five Conventions (concerning minimum age, medical examination, articles of agreement, accommodation and competency certificates) and two Recommendations (concerning vocational training and hours of work) of persons working on fishing vessels. As a comprehensive standard, it will address other issues, such as occupational safety and health and social security. It is also intended that it will provide protection for persons working on both large and small fishing vessels.
This questionnaire seeks to elicit views on the content of a comprehensive standard. The views expressed, and proposed conclusions on the structure and content of the Convention and Recommendation, will be provided in a second report. Both the law and practice report and the second report will be the basis for discussions for the item on the fishing sector standard by the International Labour Conference in 2004 (the first discussion). The second discussion would take place at the 93rd (June 2005) Session of the International Labour Conference with a view to the adoption of the revised standards.
The Office believes that the objectives of the new instruments should be to: extend coverage to reach as many persons working on board fishing vessels as possible; minimize obstacles to ratification; provide a better chance for wide ratification; enable the provisions to be implemented into practice; and minimize the risk of the Convention becoming outdated in a short period of time.
In order to develop a Convention covering as many persons as possible working on board fishing vessels, the approach being taken by the Office in the questionnaire is to pose questions concerning provisions of a general nature – and therefore applicable to all, or nearly all, persons working on fishing vessels – and then to ask questions on provisions of a more targeted nature for possible inclusion in a part of the Convention applying to only certain categories of vessels. Questions concerning detailed provisions are also included in the accompanying Recommendation. The questions reflect, to a certain extent, the Office’s perception as to whether a particular provision should be included in the Convention (which would be binding for Members which ratify it) or in the Recommendation (which would not be binding but would provide guidance). However, if respondents believe that a provision does not belong in the Convention but rather belongs in the Recommendation, or vice versa, they should state this clearly.
In preparing this questionnaire, the Office has taken into account the provisions not only of existing ILO standards but also of standards adopted by other international organizations, such as the Food and Agriculture Organization of the United Nations (FAO) and the International Maritime Organization (IMO). For example, the Office has taken into account the provisions of the FAO Code of Conduct for Responsible Fisheries.  The intent of this approach is to integrate, to the extent possible, the work of the ILO with that of other international organizations concerned with the fisheries and the operation of fishing vessels. It is expected that this will lead to the development of a new ILO standard for the fishing sector which is clearly understood and more likely to be found acceptable not only by ministries responsible for labour issues but also by those responsible for fisheries management and fishing vessel safety, as well as fishing vessel owners and those working on fishing vessels. Similarly, the questionnaire attempts to draw upon internationally accepted fisheries terminology. 
With regard to article 38, paragraph 1, of the Standing Orders of the Conference, governments are requested to consult with the most representative organizations of employers and workers before finalizing their replies to this questionnaire, to give reasons for their replies and to indicate which organizations have been consulted. Governments are also reminded of the importance of ensuring that all relevant departments are involved in the present consultative process including the departments responsible for labour and social affairs, fisheries, maritime safety, health and the environment. The experience gained by the Office in obtaining the information provided in the law and practice report also points to the value of consultations, where possible, with regional and local authorities within member States. In order to enable the Office to take account of the replies to this questionnaire, governments are requested to send their replies so as to reach the Office no later than 1 August 2003.
In preparing replies to the questionnaire, governments, as well as representative organizations of employers and workers, are encouraged to provide reasons for their replies and to provide any additional comments or information which they believe will contribute to an internationally shared sense of what should or should not be addressed in the proposed new Convention and Recommendation. This is particularly important when the reply by the member State does not fit into the set answers (i.e., the “yes” and “no” boxes) provided by the Office. Respondents are also strongly encouraged to draw attention to any issues which the Office has not addressed or which require further development.
While the Office has attempted to provide a questionnaire which is not overly onerous or time consuming to answer, it recognizes the work involved in preparing replies and extends its thanks, in advance, to those carrying out this essential work.
A.	Form of the instrument or instruments
Question A1 – Do you consider that the International Labour Conference should adopt one or more instruments on work in the fishing sector?
□ Yes	□ No
Question A2 – If yes, should the instrument or instruments take the form of (a) a Convention, (b) a Recommendation, (c) a Convention supplemented by a Recommendation?
Comments: 	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
Note: For practical reasons, the Office is presenting the following questions under the headings “Contents of a proposed Convention” and “Contents of a proposed Recommendation”. This presentation does not predetermine the final form of the instrument or instruments on the number of instruments that could be adopted.
B.	Contents of a proposed Convention
B1.	Scope
Commentary
The seven existing ILO instruments concerning work on board fishing vessels set out their scope in different ways. Generally, they provide that they apply to vessels engaged in “maritime fishing in salt waters”. Several provide exceptions or exemptions for certain categories of fishing vessels (those engaged in whaling or recreational fishing, or primarily propelled by sail) or for fishing vessels operating in certain areas (ports, harbours, estuaries of rivers). Some provide that the instrument applies, in whole or in part, to fishing vessels of a certain size (vessel length in feet and metres, or tonnage) or engine power.
For the purpose of this Convention the term “fishing vessel” should mean any vessel used or intended for use for the purposes of the commercial exploitation of living marine resources, including mother ships and any other vessels directly engaged in fishing operations. 
When preparing the law and practice report, the Office observed that many States regulated some aspects of conditions of work on board fishing vessels according to the area of operation of the vessel. To delimit their application these States often use terms such as “coastal”, “inshore”, “offshore”, “small-scale” and “artisanal”. Such terms are often not defined by States or, even when defined, vary from State to State. In an attempt to improve clarity in the use of terms concerning the area of operation, the Office for the purposes of this questionnaire, identifies five areas of operation. In doing so, it recognizes that many States may not regulate conditions of work on fishing vessels according to these five areas of operation. Nevertheless, responses using these five areas of operation will help the Office obtain a common understanding of the preferred scope of the instruments. If such an approach is not considered appropriate by the respondent, the questionnaire also provides for the possibility of indicating preferences for other methods of setting out the scope (e.g. by vessel length, tonnage, length of time at sea).
The following areas of operation are used in the questionnaire: 
	vessels engaged in fishing operations on the high seas and in waters other than those of the flag State (hereinafter referred to as “A”); 
	vessels engaged in fishing operations up to the limits of the exclusive economic zone of the flag State (hereinafter referred to as “B”);
	vessels engaged in fishing operations up to the limits of the territorial waters of the flag State (hereinafter referred to as “C”);
	vessels engaged in fishing operations up to three miles from the baseline (hereinafter referred to as “D”); 
	vessels engaged in fishing operations in rivers and inland waters (hereinafter referred to as “E”).
Question B1(a) – Should the Convention apply to fishing vessels in all of the abovementioned areas of operation?
□ Yes	□ No
Question B1(b) – Should the Convention provide the possibility to exclude certain fishing vessels in the following areas of operation:
□	vessels engaged in fishing operations up to the limits of the territorial waters of the flag State (“C”)?
□	vessels engaged in fishing operations up to three miles from the baseline (“D”)?
□	vessels engaged in fishing operations in rivers and inland waters (“E”)?
Question B1(c) – Should the Convention provide for any other exclusions?
□ Yes	□ No
Comments:	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
Question B1(d) – If “areas of operation” would not be an appropriate method of delimiting the scope of the Convention, what other method should be used for this purpose:
□	fishing vessel length?
□	tonnage?
□	time fishing vessel spends at sea?

□	other? Please specify: 
	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
Comments:	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
Question B1(e) – Should the Convention apply to all persons working on board fishing vessels irrespective of nationality?
□ Yes	□ No
Comments:	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
B2.	Minimum age
Question B2(a) – Should the Convention include provisions concerning the minimum age for work on board fishing vessels?
□ Yes	□ No
Question B2(b) – If yes, should the minimum age be:
□	15 years?  
□	16 years?  
□	18 years?

Comments:	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
Question B2(c) – Should the Convention provide for exemptions?
□ Yes	□ No
Question B2(d) – If yes, please specify:
	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
Question B2(e) – Should the Convention provide that work on certain fishing vessels should be prohibited for persons under the age of 18 years?
□ Yes	□ No
Comments:	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
Question B2(f) – Should the Convention provide that certain types and conditions of work on fishing vessels should be prohibited for persons under the age of 18 years?
□ Yes	□ No
Comments:	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
B3.	Medical examination
Question B3(a) – Should the Convention provide that persons working on board fishing vessels should undergo initial and subsequent periodic medical examinations?
□ Yes	□ No
Comments:	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
Question B3(b) – Should the Convention provide for exemptions from the above requirement?
□ Yes	□ No
Question B3(c) – If yes, please indicate what these exemptions should be?
Comments:	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
Question B3(d) – Should the Convention provide that a person working on board a fishing vessel and for which a medical examination is required should hold a medical certificate attesting to fitness for work for which he or she is to be employed at sea?
□ Yes	□ No
Comments:	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
B4.	Medical care at sea
Question B4(a) – Should the Convention provide that fishing vessels should be required to carry appropriate medical supplies?
□ Yes	□ No
Comments:	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
Question B4(b) – Should the Convention provide that fishing vessels should normally have on board a person (e.g. the master or a member of the crew) qualified or trained in first aid or other forms of medical care?
□ Yes	□ No
Comments:	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________

Question B4(c) – Should the Convention provide that certain fishing vessels should be excluded from the above requirement?
□ Yes	□ No
Question B4(d) – If yes, please specify:
	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
B5.	Contracts for work
Question B5(a) – Should the Convention provide that every person working on board a fishing vessel should have a written contract or articles of agreement, subject to such conditions as may be provided for in national laws and regulations?
□ Yes	□ No
Comments:	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
Question B5(b) – Should the Convention provide for possible exemptions from the above requirement?
□ Yes	□ No
Question B5(c) – If yes, which categories of persons working on board fishing vessels could be exempted from the provisions concerning written contracts or articles of agreement?
Comments:	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
Question B5(d) – Should the Convention provide that persons working on board a fishing vessel should have access to appropriate mechanisms for the settlement of disputes concerning their contract or articles of agreement?
□ Yes	□ No
Comments:	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
B6.	Accommodation and provisions 
on board fishing vessels
Question B6(a) – Should the Convention provide that all fishing vessels should have appropriate accommodation and sufficient food and drinking water for the service of the fishing vessel?
□ Yes	□ No
Question B6(b) – If yes, should it provide for the possibility of exempting certain categories of fishing vessels from the requirement concerning accommodation?
□ Yes	□ No
Question B6(c) – If yes, please indicate which fishing vessels could be exempted.
Comments:	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
B7.	Crewing of fishing vessels
Question B7(a) – Should the Convention provide that States should take measures to ensure that fishing vessels have sufficient and competent crew for safe navigation and fishing operations in accordance with international standards?
□ Yes	□ No
Question B7(b) – If yes, please indicate which fishing vessels could be exempted.
Comments:	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
B8.	Hours of rest
Question B8(a) – Should the Convention provide that persons working on board fishing vessels should have minimum periods of rest established in accordance with national laws and regulations?
□ Yes	□ No
Comments:	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
B9.	Occupational safety and health
Question B9(a) – Should the Convention provide that persons working on board fishing vessels should be covered by occupational safety and health provisions?
□ Yes	□ No
Comments:	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
Question B9(b) – If applicable provisions do not at present cover work on board fishing vessels, should such protection be provided through one of the following means:
□	extension of general occupational safety and health provisions?
□	extension of maritime occupational safety and health provisions?
□	specific provisions for work on board fishing vessels?
□	combination of any of the above?
□ Yes	□ No
Comments:	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
B10.	Social security
Question B10(a) – Should the Convention provide that persons working on board fishing vessels should be entitled to social security benefits applicable to other workers?
□ Yes	□ No
Comments:	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
Question B10(b) – Should the Convention provide that such benefits might be progressively extended?
□ Yes	□ No

Comments:	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
Question B10(c) – Should the Convention provide for the possible exemption of certain categories of persons working on board fishing vessels?
□ Yes	□ No
Question B10(d) – If yes, which categories of persons might be exempted?
Comments:	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
B11.	Extension of protection for seafarers to persons working on board fishing vessels
Question B11(a) – Should the Convention provide that persons working on board fishing vessels registered in the State, engaged in fishing operations on the high seas and in the waters of States other than those of the flag State, should generally have labour conditions which are no less favourable than those provided to seafarers working on board vessels registered in the State, engaged in commercial maritime transport?
□ Yes	□ No
Question B11(b) – If yes, should such a provision cover persons working on board other fishing vessels?
□ Yes	□ No
Question B11(c) – If yes, please indicate the persons working on board other fishing vessels to whom the above provision should apply (e.g. those working on vessels of a certain length, vessels intended for fishing in a certain area of operation, vessels remaining at sea for a specified period of time).
Comments:	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
Question B11(d) – Should the Convention contain provisions on the following issues:
□	recruitment and placement?
□	identity documents?
□	repatriation?
□	other issues? Please specify:
	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
Comments:	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
B12.	Enforcement
Question B12(a) – Should the Convention provide that States should adopt measures to verify compliance with the provisions of the Convention?
□ Yes	□ No
Comments:	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
Question B12(b) – If yes, should the Convention provide for the possibility of exempting certain fishing vessels from the above requirements?
□ Yes	□ No
Question B12(c) – If yes, please indicate which fishing vessels: 
	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
Question B12(d) – Should the Convention include a provision on port state control?  
□ Yes	□ No

Comments:	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
B13.	Consultation
Question B13(a) – Should the Convention include a provision concerning consultation with representative employers’ and workers’ organizations, as well as representative organizations of persons working on board fishing vessels in the development and implementation of national laws and regulations concerning conditions of work on board fishing vessels?
□ Yes	□ No
Comments:	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
B14.	Other issues
Question B14(a) – Please indicate any other issues which should be addressed in the Convention. 
	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
C.	Contents of a proposed Recommendation
C1.	Minimum age and work of young persons
Question C1(a) – Should the Recommendation provide guidance on the types of work (e.g. night work or in hazardous conditions) or the types of fishing vessels that should be prohibited for persons under the age of 18?
□ Yes	□ No
Question C1(b) – If yes, what should be included in such guidance?
Comments:	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
C2.	Medical examination
Question C2(a) – Should the Recommendation set out guidance on the content of the medical certificate and the procedures to be followed for the issue of the medical certificate?
□ Yes	□ No
Comments:	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
Question C2(b) – Should the Recommendation provide that the persons issuing such a certificate be approved by the competent authority?
□ Yes	□ No
Comments:	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
C3.	Medical care at sea
Question C3(a) – Should the Recommendation provide guidance on the contents of the medicine chest and the type of medical equipment  required to be carried on board fishing vessels?
□ Yes	□ No
Comments:	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
Question C3(b) – Should the Recommendation set out guidance on the availability and on instruction concerning the use of radio-medical and similar services on board fishing vessels?
□ Yes	□ No
Comments:	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
C4.	Qualifications of persons working 
on board fishing vessels
Question C4(a) – Should the Recommendation provide additional guidance beyond that provided in international standards  concerning training of persons working on board fishing vessels?
□ Yes	□ No
Question C4(b) – If yes, what issues should this guidance address?
Comments:	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
C5.	Contractual arrangements concerning work 
on board fishing vessels
Question C5(a) – Should the Recommendation provide guidance, on the basis of the elements contained in Convention No. 114,  concerning the content of contracts or articles of agreement for work on board fishing vessels?
□ Yes	□ No
Question C5(b)(i) – If yes, should the guidance provided in the Recommendation also include elements not addressed in Convention No. 114? 
□ Yes	□ No
Question C5(b)(ii) – If yes, should one of these elements concern the specification of insurance coverage for persons working on board fishing vessels in the event of injury, illness or death  in the contract or articles of agreement?
□ Yes	□ No

Comments:	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
Question C5(c) – Should the Recommendation provide guidance on contracts or articles of agreements (e.g. procedures concerning the examination prior to signing; signing and termination of contracts or articles of agreement; records of employment; circumstances for discharge) for work on board fishing vessels?  
□ Yes	□ No
Comments:	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
Question C5(d) – Should the Recommendation provide guidance on systems of remuneration and, if appropriate, including systems based on a share of the catch? 
□ Yes	□ No
Question C5(e) – If yes, please specify the issues to be included: 
	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
Comments:	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
C6.	Accommodation and provisions 
on board fishing vessels
Question C6(a) – Should the Recommendation provide that States should have national laws and regulations concerning planning and control of crew accommodation on board fishing vessels?
□ Yes	□ No

Comments:	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
Question C6(b) – Should the Recommendation provide guidance concerning standards of accommodation and of food and drinking water?
□ Yes	□ No
Question C6(c) – If yes, should these cover:
□	construction and location?
□	ventilation?
□	heating?
□	lighting?
□	sleeping rooms?
□	sanitary accommodation?
□	noise and vibration?
□	drinking water?
□	food?
□	other issues?
Comments:	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
Question C6(d) – Should the above guidance concerning accommodation and provisions on board fishing vessels make distinctions based on:
□	fishing vessel length?
□	operating area?
□	tonnage?
□	time a fishing vessel normally spends at sea?
□	other?
Comments:	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
C7.	Hours of work and rest
Question C7(a) – Should the Recommendation set out guidance concerning hours of work or rest periods?
□ Yes	□ No
Question C7(b) – If yes, please indicate what should be the limits of working hours or provisions for minimum rest periods.
Comments:	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
C8.	Occupational safety and health
Question C8(a) – Should the following issues be addressed in the Recommendation: 
□	the inclusion of fishing occupational safety and health issues in an integrated national policy on occupational safety and health? 
□	rights and duties of fishing vessel owners and of persons working on board fishing vessels in the area of occupational safety and health?
□	where appropriate, safety management systems?
□	personal protective equipment?
□	guarding of machinery?
□	the recording and notification of accidents, injuries and fatalities?
□	investigation of occupational accidents?

□	other issues? Please specify: 
	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
Comments:	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
C9.	Social security
Question C9(a) – Should the Recommendation include guidance on social security provisions for persons working on board fishing vessels?
□ Yes	□ No
Comments:	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
Question C9(b) – Should the guidance include the following benefits (please specify the reasons for your choice):
□	medical care?
□	sickness benefit?
□	old-age benefit?
□	employment injury benefit?
□	maternity benefit?
□	invalidity benefit?
□	survivors’ benefit?
□	unemployment benefit? 
□	family benefit?

Comments:	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
C10.	Register of persons working on board 
fishing vessels
Question C10(a) – Should the Recommendation include provisions concerning maintenance by the competent authority of a register of persons working on board fishing vessels?
□ Yes	□ No
Comments:	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
C11.	Fisheries observers
Question C11(a) – Should the Recommendation provide guidance concerning the conditions of work of fisheries observers  on board fishing vessels?
□ Yes	□ No
Question C11(b) – If yes, what should be included in such guidance?
Comments:	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
C12.	Application within the exclusive economic zone
Question C12(a) – Should the Recommendation provide that coastal States should require, when they grant licences for fishing in their exclusive economic zones, that fishing vessels conform with the standards of this Convention?
□ Yes	□ No
Comments:	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________
C13.	Other issues
Question C13(a) – Please indicate any other issues which should be addressed in the Recommendation. 
Comments:	_______________________________________________________________
	_______________________________________________________________
	_______________________________________________________________