Cap. 234 Art. 206Partial application to fishing boats. 

(1) The provisions of this Part of this Act shall apply to fishing boats subject as in this article provided.

(2) The provisions relating to compulsory agreements with the crew shall apply only to fishing boats of twenty-five tons and upwards, and -

(a) in the application of article 114 to such fishing boats, the following provisions shall have effect:

(i) the agreement with the crew (hereinafter referred to as "fishing boat’s agreement") shall be made in such form as the Minister may approve with respect to fishing boats; and

(ii) a fishing boat’s agreement shall, in lieu of the amount of wages, specify, where the circumstances so require, the remuneration which each seaman is to receive, whether in wages or by share in the catch, or in both ways; and

(b) in the application of article 115 to such fishing boats as aforesaid, a fishing boat’s agreement may be made by the owner or the bareboat charterer instead of by the master and the provisions of this Act with respect to the making of the agreement shall apply accordingly.

(3) Article 126 shall apply only to fishing boats of twenty-five tons or upwards.

(4) Articles 133 and 135 shall not apply to fishing boats, but the following provisions shall have effect with respect to fishing boats, that is to say:

(a) the owner of a fishing boat, being a boat of twenty-five tons or upwards, shall deliver to the master, and the owner or bareboat charterer or master of such a boat shall deliver to every seaman of that boat, a full and true account in a form approved by the Minister, of the wages or other remuneration of the master or seaman, as the case may be, and of all deductions to be made therefrom on any account whatever; and a deduction from the remuneration of a master or seaman shall not be allowed unless it is included in the account so delivered, or is in regard to a matter happening after such delivery;

(b) the master may by notice to the owner, or bareboat charterer and a seaman may by notice to the owner or bareboat charterer or the master, dispense with the delivery of such account;

(c) except where the account is so dispensed with and except in so far as it relates to remuneration consisting in a share of the catch, the account shall be delivered not less than four hours before the paying off or discharge of the master or seaman;

(d) if the owner, or bareboat charterer or master of a boat fails without reasonable cause to comply with this sub-article, he shall for each offence be liable to a fine (multa) not exceeding ten units.

(5) The tonnage of a fishing boat for the purposes of this article shall be taken to be, in the case of a trawler her gross tonnage and in any other case her registered tonnage as ascertained for the purpose of that registry.

(6) For the purposes of this Part of the Act "fishing boat" means a vessel which is for the time being employed in sea fishing or in the sea-fishing service, including vessels employed as tenders or carriers to fishing boats or for the purpose of collecting and conveying to land the catch of fishing boats, but shall not include a vessel used for catching fish otherwise than for profit.