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The Merchant Shipping (Radio) (Fishing Vessels) Regulations 1999

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PART VDIRECTIVE FISHING VESSELS WHICH ARE NOT REGISTERED IN THE UNITED KINGDOM(New fishing vessels of 24 metres or more in length and existing fishing vessels of 45 metres or more in length, which are not registered in the United Kingdom)

Inspection and detention and other measures in respect of Directive fishing vessels which are not registered in the United Kingdom

30.—(1) Subject to the following paragraphs of this regulation, an inspector may inspect any fishing vessel to which this regulation applies and if satisfied that the fishing vessel does not conform to a standard required of a Directive fishing vessel registered in the United Kingdom by regulation 7, 8 or 9, or Part II, of these Regulations, he may–

(a)send a report to the government of the country in which the fishing vessel is registered (if it is registered), and

(b)where conditions on board are clearly hazardous to health and safety–

(i)take such measures as are necessary to rectify those conditions, or

(ii)detain the ship.

(2) If either of the measures specified in paragraph (1)(b) is taken, the inspector shall forthwith notify the nearest maritime, consular or diplomatic representative of the State whose flag the fishing vessel is entitled to fly.

(3) The inspector shall not in exercise of his power under this regulation detain or delay the ship unreasonably.

(4) This regulation applies to any Directive fishing vessel which is not registered in the United Kingdom but which:

(a)operates in United Kingdom waters,

(b)lands its catch in a United Kingdom port, or

(c)is in a United Kingdom port.

(5) When considering whether a fishing vessel conforms to the standards required of a fishing vessel registered in the United Kingdom by regulation 7, the inspector shall not be concerned to satisfy himself in relation to–

(a)paragraph (1)(a) of that regulation, provided that the equipment is of a type approved by the Administration of the State in which it is registered; or

(b)paragraph (1)(c) of that regulation, provided that the fishing vessel is registered in an EEA State.

(6) In this regulation “inspector” means any person appointed by the Secretary of State, either generally or in a particular case, to exercise powers under these Regulations.

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