Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Fishermen's Competency Certificates Convention, 1966 (No. 125) - Brazil (Ratification: 1970)

Other comments on C125

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Article 5(2) of the Convention. Obligation to carry a certificated mate. The Committee notes the requirements established by NORMAM-01/DPC concerning minimum safe manning levels on vessels. It notes that the presence of a certificated mate is required on board long-haul vessels and also coastal vessels or other vessels whose gross tonnage exceeds 500 tons. However, the Committee recalls that the Convention requires that all fishing vessels over 100 gross registered tons engaged in operations and areas to be defined by national laws or regulations shall be required to carry a certificated mate. The Committee hopes that the Government will take steps in the very near future to ensure the implementation of this provision of the Convention and requests it to keep the Office informed of any decision taken on this matter.

Articles 7 and 9. Minimum experience required – Mates’ and engineers’ certificates. The Committee notes that Annex 2-A to NORMAM-13 defines the requirements for working as a mate (imediato) on fishing vessels engaged in inland navigation but does not contain any details of the requirements in terms of professional experience for the exercise of these duties on fishing vessels engaged in high seas operations. It requests the Government to provide further information on the rules that are applicable in this sphere.

As regards engineers’ certificates, the Committee notes that Annex 2-A to NORMAM-13 establishes a distinction between the following categories: chief engineer on a fishing vessel with engine power below 150 kilowatts and sailing up to 20 miles from the coast; chief engineer on a fishing vessel with engine power below 250 kilowatts and engaged in high seas navigation; chief engineer on a fishing vessel with engine power below 500 kilowatts and engaged in high seas navigation; and chief engineer on a fishing vessel with engine power below 1,000 kilowatts and engaged in high seas navigation. It notes that minimum professional experience as ship’s engineer is only required for these last two categories and that this minimum is fixed at two years whereas the Convention requires a minimum of three years’ sea service in the engine room. The Committee hopes that the Government will take steps in the near future to bring the national legislation into line with the provisions of Article 9 of the Convention and requests it to keep the Office informed of any new developments in this regard.