Guidance

MGN 605 (F) Amendment 1: International labour organization work in fishing convention (No. 188) phase in period

Published 14 July 2022

This guidance was withdrawn on 12 March 2024

This notice is no longer current guidance. For information on the guidance now in place please see MSN 1877 Amendment 2, MGN 477 Amendment 4 and MGN 479 Amendment 1.

Summary

This MGN:

• Summarises the main changes for UK fishing vessels caused by implementation of ILO 188

• Lists the implementing legislation and supporting guidance for ILO 188 and explains where to find it

• Outlines the timetable for progressive implementation of certain provisions of ILO 188

Amendment 1 corrects the acceptance of the ML5 medical certificate in lieu of the ENG1 medical certificate.

1. Introduction/background

1.1 The Government has made regulations to implement the International Labour Organizations (ILO) Work in Fishing Convention 2007 (ILO 188) into UK Law. The new Regulations set out a framework for the living and working conditions on fishing vessels which now apply to all commercial fishermen working on UK fishing vessels, regardless of employment status.

1.2 Some of the requirements of ILO 188, such as the requirement to carry medical stores, were already in place in UK legislation. Some come into force straight away and others will be phased in. The MCA has published guidance notices to help explain how the Regulations will be implemented and it is the responsibility of fishing vessel owners, skippers and fishermen to make sure that they understand the requirements.

1.3 The purpose of this MGN is to draw attention to the key areas of ILO 188, new legislation and the accompanying Merchant Shipping Notices (MSN) and Marine Guidance Notices (MGN), where you can find them and how together they implement ILO 188. This MGN also contains the phase in timetable for the provisions of ILO 188.

2. Main changes and coming into force dates

2.1 The main changes, with their coming into force dates, are -

2.2 Survey and inspection of fishing vessels – Phased in over three years

MCA is inspecting living and working conditions on vessels alongside the regular fishing vessel survey (i.e., at the next periodic or renewal survey that is due). However, fishing vessels operating at sea for more than three days which are over 24m in length or operating more than 200 miles from the UK or beyond the continental shelf will require a Work in Fishing Certificate by 30 November 2019. See MSN 1885 (F)

2.3 Fishermen’s Work Agreement (FWA) – in force from 31 December 2018

All fishermen (except for single handed owner operators) must have an ILO 188 compliant FWA. See MGN 583 (F)

2.4 Personal Flotation Devices (PFDs) – in force from 31 December 2018

The MCA require all fishermen to wear PFDs when working on deck unless they can demonstrate in a written risk assessment that other measures are in place which eliminate the risk of fishermen falling overboard. See MGN 588 (F)

2.5 Medical Certificates – Phased in over five years

All fishermen will need a medical certificate. This will be phased in over five years starting with the larger vessels which may be subject to inspection overseas (see section 7.2 for details) starting in May 2019 and more detailed information can be found in MSN 1883 (F). Those working on vessels under 24m in length which do not go to sea for more than three days or visit foreign ports will be required to have a medical fitness certificate by November 2023. There are “grandfather rights” for existing fishermen in certain circumstances. See MIN 575 (F)

3. Share Fishermen

3.1 All the standards of ILO 188 apply to share fishermen as well as employed fishermen. This does not change the self-employed status of share fishermen.

4. Non-UK fishing vessels in the UK

4.1 The MCA will enforce the same requirements on non-UK fishing vessels in UK ports.

5. Legislation and Guidance

5.1 ILO 188 has been implemented into UK legislation, through a set of four statutory instruments (SI) which are available on www.legislation.gov.uk. They are:

(i) The Merchant Shipping (Work in Fishing Convention) Regulations 2018

(ii) The Merchant Shipping (Work in Fishing Convention) (Survey and Certification) Regulations 2018

(iii) The Merchant Shipping (Work in Fishing Convention) (Medical Certification) Regulations 2018

(iv) The Merchant Shipping (Work in Fishing Convention) (Consequential Provisions) Regulations 2018

5.2 The SIs are supported by the Merchant Shipping Notices (MSN) listed below which are available on www.gov.uk. This table shows how ILO 188 is implemented in the SIs and which guidance applies:

ILO 188 Provisions location in UK SIs		Guidance (where applicable)
A. Minimum age
The Merchant Shipping (Work in Fishing Convention) Regulations 2018	Part 2	MSN 1882: Minimum Age
B. Medical examination
The Merchant Shipping (Work in Fishing Convention0 (Medical Certification) Regulations 2018		MSN 1883: Medical Examination and Certification MSN 1815: Equivalent Medical Certificates
C. Manning and Hours of Rest
The Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004		MSN 1884: Working Time
D. Crew List
The Merchant Shipping (Crew Agreements, Lists of Crew and Discharge of Seamen) (Fishing Vessels) Regulations 1972	Part II
E. Fishermen’s Work Agreements
The Merchant Shipping (Work in Fishing Convention) Regulations 2018	Part 3	MGN 583: Fishermen’s Work Agreements
F. Repatriation
The Merchant Shipping (Work in Fishing Convention) Regulations 2018	Part 4	MGN 584: Repatriation
G. Payment of fishermen
The Merchant Shipping (Work in Fishing Convention) Regulations 2018	Part 3	MGN 585: Payment of Fishermen
H. Accommodation and Food
The Merchant Shipping (Work in Fishing Convention) Regulations 2018	Part 5	MSN 1871: Fishing vessels less than 15m length overall MSN 1872: Fishing vessels of 15m length overall to less than 24m registered length MSN 1873: Fishing vessels of 24m registered length and over
I. Medical care
The Merchant Shipping (Work in Fishing Convention) Regulations 2018	Part 6	MGN 586: Medical Care
The Merchant Shipping (Medical Stores) Regulations 1995	Regulation 4 to 11	MSN 1905: Application of the ships’ medical stores regulations
J. Health and Safety
The Merchant Shipping and Fishing Vessels (Health and Safety) (Employment of Young Persons) Regulations 1998	Regulations 5, 6(1)-(5) and (8) and 9	MSN 1882: Minimum Age
The Merchant Shipping (Health and Safety at Work) Regulations 1977	Regulations 5, 7, 12(1) and (2), 15, 16(1)(b)(ii), 19(1)(b)(ii) and 20	MGN 587: Health and Safety Responsibilities

6. Progressive implementation:

6.1 All requirements apart from medical certificates have been phased in as per MGN 605.

6.2 Medical Certification

The provisions for medical certification will be phased in as follows:

	Vessel	Operating Pattern	Date Medical Certificate Required	Notes
1.	Fishing vessel of any length	Subject to inspection in a foreign port	31 May 2019	ENG1
2.	Fishing vessels 24m in length or over	At sea for more than 7 days	31 May 2019	ENG1
3.	Fishing vessels 24m in length or over to which 1 and 2 do not apply	N/A	30 November 2019	ENG1
4.	Fishing vessels under 24m in length	At sea for more than 72 hours	30 November 2019	ENG1
5.	Fishing vessels under 24m in length	Operating more than 200 miles from the coastline of the UK or beyond the Continental shelf	30 November 2019	ENG1
6.	Fishing vessels under 24m in length to which 1, 4 and 5 do not apply	N/A	30 November 2023	ENG1/ML5 [footnote 1]

More Information

Seafarer Safety and Health
Maritime and Coastguard Agency
Bay 2/17
Spring Place
105 Commercial Road
Southampton
SO15 1EG

Telephone: +44 (0)203 81 72000

Email: workinfishing.convention@mcga.gov.uk

Website: www.gov.uk/mca

General enquiries: infoline@mcga.gov.uk

Please note that all addresses and telephone numbers are correct at time of publishing.

1. Any holder of a CoC for a vessel of 16.5m or more requires an ENG1. ↩