Guidance

Response to queries on the revised code of practice for the safety of small fishing vessels of less than 15m length overall (2021)

Updated 5 May 2022

1. Introduction

The aim of the code of practice for the safety of small fishing vessels of less than 15m length overall (hereafter known as “the Code”) is to improve safety in the fishing industry and raise safety awareness among all involved parties.

This additional guidance has been produced to assist all those involved with the construction, operation, and maintenance of small fishing vessels less than 15m in length, in adhering to the Code so they can maintain sufficient safety measures and promote and overall culture of safety.

It has been created in response to queries received by MCA Surveyors and the Fishing team.

2. Transitional Periods

All vessels must be in full compliance with the the Code by 6 September 2023. Transitional arrangements, as detailed in Section 1.3 of the Code, will end on 5 September 2023. All vessels, regardless of whether they were inspected for their 5-year Certificate by the MCA during the Transitional Period, will be expected to comply with the Code from 6 September 2023.

Vessels that are inspected in the 90 days prior to the end of Transitional Arrangements will have 90 days from the date of inspection to provide proof that the Vessel is in full compliance with the the Code.

Vessels which have recently been issued a certificate valid until 2024/25 will also need to be in full compliance with the the Code. This includes vessels which may have been inspected before 6 September 2021. It is not planned to carry out checks on these vessels until renewal date.

2.1 Phase-in Periods

The two-year phase in period is not affected by a change of ownership that occurs during that period. The phase-in period still ends at on 5 September 2023 and the new owner inherits the phase-in requirements, even if they were not aware of a problem at point of purchase. Therefore, it is strongly recommended that owners conduct their own due diligence when buying used vessels, as inherited problems are the responsibility of the new owner. The requirements for strength and construction states, as outlined in Section 2.3.1 of the Code, are that they are efficient in service (fit for purpose) for an existing vessel. Copies of older Construction Standards are available from the MCA if you need to identify what the vessel was constructed to. If you are not sure, look to consider this with the MO Surveyor.

3. In-water/Out-water Inspections

It is better to get both parts of the survey – the In-Water Inspection and the Out-of-Water Inspection – completed as soon as possible, and in as few visits are possible. The order the inspections take place in can be reversed, but the vessel will not be given a Certificate until the In-Water Inspection has been completed.

All vessels require an In-Water Inspection. If a vessel is beach-launched, then the owner will need to take the vessel to sheltered water for In-Water Inspection and the Stability test. Normal risk assessments will apply, and the MCA provides guidance on presenting the vessel for inspection in the form used by owners to apply for the inspection.

On completion of the In-Water survey and Stability Verification the vessel may be issued a one-year short-term certificate until the anniversary date. The Out-of-Water Survey must be completed before this date to allow a full-term Certificate to be issued. You can have the out of water inspection during the three-month period before renewal.

If the MO becomes aware of a vessel still operating after the one-year certificate has expired, then the vessel can be detained.

Out-of-Water Surveys that were conducted prior to 6 September 2021 may still be credited, but this is decided on a case-by-case basis. It will depend on the extent of the out-of-water survey, and you would need to confirm that this was as per the Code, and the date that it was carried out on.

Safe access should be provided to the vessel for inspection. In-water inspections from slips, beaches or shallows are not permitted and MCA will not accept any situation where the effect of the wind and tide would preclude satisfactory completion of the required tests.

There is no charge for the first in and out of water visits. These are free inspections unless the MCA needs to revisit due to vessel deficiencies or circumstances that are within the owner’s control. If the survey could not take place, for example there was no safe access to the vessel, then these visits are chargeable to £147 per hour. Further details on In-Water and Out-of-Water Inspections can be found in Section 3.8 of MSIS27 Chapter 1, Annex 1.

4. Stability

The Stability test you perform will depend on the hull of your vessel. The Heel Test is for multihulled vessels, and the Roll Test is the first choice for single hull vessels, there is no lower vessel size limit. There may be instances where the bilge keel of a vessel can affect the result of the roll test. In those instances, a heel test may also be necessary.

The purpose of the Roll Test is to assess the impact of changes of weight to a vessel such as modifications or growth over time. The Test is intended to be done with the person (or equivalent) on board at the time, so the MCA expect to see that the vessel has enough to bring itself back up with a speedy response – even those vessels of a smaller size (e.g., 4/5m). MCA expect Wolfson guidance to be taken as well and that will form part of the discussion. If the MCA are still seeing that the vessel is in the danger zone given the freeboard and likely heel, then MCA must take all that information into account when deciding the acceptability of the vessel going into the sea, or any limitations placed on its operation.

Roll/Heel Tests are required every five years. There are no transitional arrangements for stability. Owners are recommended to conduct their own tests and if there are concerns, to discuss these with the MCA. If the fishing vessel is unable to conduct the stability test at inspection due to reasons out of the owner’s control (i.e., weather, external factors on the hull which are unknown and effect the roll test) then a non-chargeable re-visit may be required.

If the vessel requires stability approval of existing stability data, then this will be chargeable. Approvals are conducted by the MCA Stability and Plan Approval Unit.

If the vessel fails the test, then the surveyor will discuss the next steps with you.

4.1 Wolfson Mark

The MCA do not insist on the Wolfson Mark. It was agreed with industry that it was more important that owners and skippers are aware of the stability of the vessel through the Wolfson vessel and loading arrangements. However, the MCA do expect Wolfson guidance to be taken in account during the Roll Test and it will form part of the discussion.

4.2 Stability Books

New Fishing Vessels built after 6 September 2021 of less than 12m using certain types of fishing methods will now require a Stability Book approved by the MCA Stability Unit. This includes flag-in vessels and those using the Registration Survey joining the Register from 6 September 2021, if they use a fishing method detailed in the Code.

The Stability Unit will be able to provide standard fee for book approval.

If there are delays with your Stability Book approval you will need to liaise with the attending surveyor. Whether the vessel has had an Out-of-Water inspection or not will also be considered.

4.3 Performing Stability Tests

There is no intention to provide inclinometers for the purpose of Heel Tests, for example on a catamaran that is a creel boat with an only hauler. The angle of heel measurement will be down to whomever is presenting the heel test, this could be by inclinometer or water tube or pendulum. The angle of the heel should be related to that reasonably expected to be experienced during normal loading from the fishing gear. MGN503 provides some further guidance.

Under the Code, owners can perform their own Stability Tests using forms MSF1378 – Roll Test, MSF1380 - Offset Load Test or MSN1382 - Heel Test and present verification to the surveyor. Owners are advised to carry out their own tests so they can assess their own stability and, if they find issues, speak to the MCA in advance of any renewal inspection. Although owners can conduct their own tests to assess their stability, the MCA will require a test to be conducted at the in-water inspection.

The MCA do not conduct the Offset Load, Heel or Roll Test (as applicable) at inspection. The test should be performing by the owner/skipper or representative, with the MCA witnessing.

If the boat isn’t alongside, for example launches straight into an operational environment, you should discuss with the MCA in advance of the inspection how best the Stability Test can be achieved. The MCA are there to witness the Stability Test and this element cannot be ignored, so the text needs to achieved in one way or another. For example, for a 5m boat, instead of doing the roll test it could be possible to go straight into the Offset Load Test. This could be more achievable in non-calm waters. Or it could be a case of taking the boat to a place where the tests can be completed alongside.

The results of Heel Tests or Roll Tests should be maintained on board and updated at each Renewal Inspection, as stated in 3.2.1.1 of the Code. A Change of Owner Inspection is for the renewal of the SFVC and should include Stability Verification as stated in 3.4.5.

You can find advice on performing Heel, Roll, and Offset Load Tests in MSF1378 – Roll Test, MSF1380 - Offset Load Test or MSN1382 - Heel Test, as well as information for recoding the results. In addition, Chapter 3, Annexes 5, 6 and 7 of the Code, and Chapter 3 of MSIS27 provides guidance on appropriate stability test to be carried out for vessel type and age.

Instructional videos for performing Stability Tests have been shot and will be available on the Home and Dry website soon. If there are any other places you would like to see these videos, please let us know by emailing [email protected].

4.4 Stability Requirements for Freeboards

The Code sets out requirements for freeboard and the interpolation of them dependant on type and size of vessel.

Section 3.12 of the Code deals with freeboards for Existing Vessels (pre-2021) <12m AND 12 – 15m (pre 23/10/17 as brought in under MSN 1871 Amendment 1).

Section 3.12.3 and 3.12.4 of the Code defines restrictions for open vessels and for decked vessels a minimum freeboard 300mm (unrestricted) and 200mm (restricted

Section 3.12.5 of the Code points towards Annex 8 for minimum levels set.

Annex 8 states: for decked vessels that the requirements (within the Annex) are for NEW VESSELS (2021). Existing vessels that already comply with these requirements must also continue to maintain their vessel in accordance with these requirements. It has been interpreted to mean that existing vessels with freeboards more than those stated (but not below 200mm or 300mm (with restriction)) can continue to do so – without interpolation. Annex 8 states: for open vessels that the requirements (within the Annex) are for NEW VESSELS (2021). Existing vessels that already comply with these requirements must also continue to maintain their vessel in accordance with these requirements. It has been interpreted to mean that existing vessels with clear height at side more than that stated (400mm) can continue to do so – without interpolation.

Where a vessel can be shown to be operating safely but doesn’t comply with the above then 3.12.6 of the Code may be helpful: Vessels which are accepted by MCA but do not meet the minimum freeboard or positive clear height at side requirements must meet any requirements stipulated by MCA at all times and will be measured at each renewal inspection.

See also Section 6 below.

5. Certification

The Certificate of Registry (after In-Water Inspection, but before Out-of-Water Inspection) will remain a five-year Certificate.

The MMO require a vessel to be registered before they issue a licence. To do this, the RSS would need to see the Small Fishing Vessel Certificate and the MMO would expect to see evidence of registration.

The MCA are aware of the potential delays that may be involved between In and Out-of-Water Inspections due to boats coming out of the water over winter, and the gap when MCA can complete the inspection process that will allow a certificate to be issued.

Marine offices will communicate with RSS to let them know that the reason a vessel does not have a certificate is because they have not completed the process. The instructions define that when the owner has come forward to actively engage with the process, vessels should not be de-registered because of an element that has been missed out.

RSS can freeze registry without there being any negative effective on the owner until they have completed. It is also important to be aware that you can have an inspection five months before the Certificate expires.

5.1 Transitional arrangements for certification

Vessels under 15m which are not New 2021 vessels have transitional arrangements under the Code. These apply depending on the age of the vessel and the applicable sections are set out at the start of each chapter.

Vessels inspected after 6th Sept 2021 must have an in-water inspection, stability and out of water as part of renewal. On completion of in-water and stability, the vessel is issued a SFVC for 1 year from anniversary date of renewal. The owner has until the 1-year SFVC expires to complete the out of water. After 1 year, if out of water has not been completed, and the vessel is continuing to operate it can be issued with a Detention Notice. If out of water completed satisfactory then issue SFVC for remainder of the 5yr term from original anniversary date.

Deficient Items that have transitional arrangements (phase in) period until 5/09/2023, will be recorded by MCA. Owners are expected to provide proof to MCA by 5 September 2023 that the deficiencies are rectified. Failure to do so may lead to the vessel being detained.

If the requirement is not subject to a transitional arrangement, then normal deficiency requirements apply.

5.2 Affects of Covid-19 on certification

New vessels inspected one year ago that were issued a one-year certificate due to Covid-19 restrictions would be expected to have expiry date of the full-term certificate during 2025, as the vessel was first inspection under the previous Code. Therefore, it would need its first out of water survey by 2025 plus 1 year, if necessary.

Stability requirements for an existing vessel would apply.

5.3 Remote and hard to reach vessels

Vessels in remote and difficult to reach areas will still have the option of being issued a short-term certificate.

The use of this allowance is strictly limited to vessels in remote and difficult to reach areas. In some cases, the owner may be asked to declare their stability status. In these instances, the owner will need to perform a stability test without a surveyor present and send in their results.

There are owners’ forms MSF1378 – Roll Test, MSF1380 - Offset Load Test or MSN1382 - Heel Test, which contain instructions and a way of recording results.

5.4 Seafish construction standards

For a copy of the Seafish Construction Standards please email [email protected]. Please include the year of build of your vessel so the MCA can supply a copy of the standards relevant to your vessel.

6. Freeboard

Minimum freeboard criteria are imposed by the MCA because vessels carry “load”.

Vessels with less than 200mm freeboard may submit proposals to be considered for equivalence with vessels with 200mm freeboard or over. Vessels which do not achieve equivalence will be considered open vessels and the owner will need to bring the vessel in line with the open vessel standards, including water freeing arrangements.

Vessels that joined the register on/after 16th July 2007 will be treated as follows:

• 7m and Over (RL) will be accepted as compliant if no unauthorised modification or alteration has taken place that would impact the initial acceptance criteria based upon the relevant construction standard.

• Less than 7m (RL) must demonstrate that freeboard and water freeing arrangements meet the construction standard. This may not have been assessed at build and therefore vessels will need to be brought into compliance with the standard.

Vessels that joined the register before 16th July 2007 will need to demonstrate compliance/equivalence through means identified within this document.

Equivalent arrangements may be accepted at the discretion of the MCA with written report using MSF1261 (available on request from the Marine Office, along with a supporting declaration of a Maritime Professional, outlining how the vessel meets an alternative criterion to demonstrate equivalence.

The chosen Maritime Professional would be an individual of good standing and experience in assessing the construction standards, freeboard, stability criteria etc. for a small fishing vessel and is appropriately qualified holding a relevant qualification. Prior to submission to the technical panel for consideration, equivalent arrangements must be supported with relevant information and calculations as applicable provided by a Maritime Professional which may include assessment of the following items:

Vessels that joined the register on/after 16th July 2007 will be treated as follows:

• 7m and Over (RL) will be accepted as compliant if no unauthorised modification or alteration has taken place that would impact the initial acceptance criteria based upon the relevant construction standard.

• Less than 7m (RL) must demonstrate that freeboard and water freeing arrangements meet the construction standard. This may not have been assessed at build and therefore vessels will need to be brought into compliance with the standard.

Vessels that joined the register before 16th July 2007 will need to demonstrate compliance/equivalence through means identified within this document.

Equivalent arrangements may be accepted at the discretion of the MCA with written report, along with a supporting declaration of a Maritime Professional, outlining how the vessel meets an alternative criterion to demonstrate equivalence.

The chosen Maritime Professional would be an individual of good standing and experience in assessing the construction standards, freeboard, stability criteria etc… for a small fishing vessel and is appropriately qualified holding a relevant qualification. Prior to submission to the technical panel for consideration, equivalent arrangements must be supported with relevant information and calculations as applicable provided by a Maritime Professional which may include assessment of the following items:

• Stability and freeboard requirements as per MGN 281 (F),

• Deck arrangement i.e., Continuous Watertight Weather Deck as per MGN 644,

• Bilge pumping arrangements,

• Hatches and coaming arrangements, any proposed increase in coaming height,

• Ability of the deck to clear water under the trims seen in service i.e., sheer and camber of the deck, position of lowest point of deck.

• Buoyancy arrangements including the extent of any weathertight structure fitted and provision of buoyant foam, if any,

• Measurement of the freeboard at various locations across the length of the vessel,

• Arrangements for the reduction of water on the deck,

• Arrangements for the protection of the crew,

• Point of deck edge immersion under heeling,

• Wave and sea effect on water clearing,

• Calculations for buoyancy as per MSIS 27 Chapter 2 Section 2.20 or other recognised means of demonstrating reserve buoyancy, one e.g. is as below:,

• Practical buoyancy test or equivalent calculation as per Annex XIII of IMO/ILO/FAO ‘Safety Recommendations for Decked Fishing Vessels of Less than 12 metres in Length and Undecked Fishing Vessels’, Rome 2012.

• Calculations for freeing of entrapped water as per MSIS 27 Chapter 2 Section 2.22 or other recognised means of demonstrating;

• Indications of the level of safety as identified by the Wolfson Method presented in MGN 526 (F) when considering minimum residual freeboard as measured or calculated. By ‘minimum residual freeboard’ we mean the vessel’s minimum freeboard in the worst foreseeable operating condition e.g. when heavily loaded and/or lifting,

• Practical assessment of the water freeing arrangements may be demonstrated to the MCA.

• Demonstrate build specification to equivalent standard i.e., Recognised Organisation (Hull Construction Certificate).

• Proposed restrictions on the operating area/weather conditions.

• Proposed restrictions on the loading conditions (e.g. maximum number of pots carried, or no catch on deck, or minimum fuel carried etc.)

• Proposed restrictions to lifting equipment e.g. maximum winch capacity, if applicable.

Open Vessels (Beach Launched and Recovered)

Drainage – Open Vessels. Any drainage arrangement fitted to an open vessel should comply with the requirements of MSN1871 (F) Amendment 2. For those vessels where an additional means of rapidly draining the deck or well is considered essential to ensure safe operation e.g., beach launched / recovered vessels, and an increase in the diameter or number of drains is found or proposed, full details should be provided.

For open vessels, ‘Elephant Trunk’ type arrangements would not generally be accepted in isolation. As a minimum, any drain in excess of the dimensions permitted in MSN1871 (F) Amendment 2 should be provided with a positive means of watertight closure e.g., screw down non-return valve or permanently attached hinged, gasketed flap. Any drains should be provided with permanent signage indicating that these must be kept closed at sea. The surveyor should confirm that the integrity of the pipework leading overboard, and any closures provided remains watertight in service.

New Vessels (2021), details of any drainage arrangements in excess of the requirements of MSN1871 (F) Amendment 2 should be submitted at the plan approval stage for assessment.

For decked vessels, water freeing requirements (freeing ports) can be considered under alternative standards including those in The Workboat Code and Instructions to Surveyors. A reduction in freeing port area may be accepted providing evidence of equivalence can be demonstrated.

Such evidence might demonstrate the equivalent level of protection for crew on deck, reference to buoyancy and residual freeboard, and survivability.

Such instances will be referred to the technical Panel for a case-by-case review.

Vessels with a design that makes compliance with freeing port requirements difficult, for example catamaran, should refer to section 2.20 of the Code. “For Vessels under 12 m (RL), where, due to the nature of the Vessel’s design this requirement cannot be met or would prove impractical in operation, alternative arrangements based on MSN1892 The Workboat Code section 6.3, or MCA Marine Survey Instructions to Surveyors 27 (MSIS 27) Fishing Vessel Instructions to Surveyors Chapter 2, 2.20 – 2.21, may be accepted on application to MCA. For sealed deck Vessels under 7 m (RL) in length or which operate no more than 20 miles from shore and at all times in favourable weather, a reduction in required freeing port area may be accepted on application to MCA” Decked vessels with less than 200mm freeboard are not acceptable and such vessels will either have to raise the freeboard, so they comply or be considered entirely as open vessels. Cases may need to be discussed with the Marine Office and the Consultant Surveyor.

7. Under 7m Fishing Vessels

Both In and Out-Of-Water Inspections can take place on the same day for fishing vessels under 7m. This also applies to vessels of 7m and over if the inspection can be carried out on the same day. The MCA need to inspect In-Water to be able to issue the certificate. In very remote locations, the MCA may accept stability test results themselves subject to conditions. The other reason for being in-water is to witness drills and have a discussion about how to get back on board if someone goes into the water.

8. Machinery and Electrical

The MCA may open fuel and water tanks to conduct pressure testing, where deemed necessary. For more information, please see Annexe 10 of the Code.

8.1 Electrical

New vessels 2021 or vessels that update their electrical systems after the Code is introduced (installed from 6 September 2021) will need to conduct a meggar test every five years to comply with MGN628. This may not be necessary on small boats with very limited electrical equipment. Speak to your local Marine Office for further advice on whether you need to conduct tests.

8.2 Gas

Service records for gas heaters should be supplied by a qualified Gas or Marine Engineer. Please see section 5.6 of the Code for more information and MGN312 for further guidance.

The installation, maintenance and servicing of gas and liquid petroleum gas appliances should be carried out by a suitably qualified Gas or Marine Engineer. Guidance may be found in BS EN (ISO) 10239.

8.3 Machinery

Fishing vessels with Tier II engine over 130Kw operating in a non-ECA area will not be permitted to go into an ECA area. For example, a vessel built with a Tier II engine for operation in Wales, after 1 January 2021, and then comes to Lowestoft under a new owner would not be allowed. New owners should do their due diligence.

Under Section 4.4. of the Code, propulsion requires a secondary means of starting. This is in line with MGN628 Chapter 8. See MSIS27 Chapter 4, section 4.4.2 for more information.

There should be no automatic starting of bilge pumps in machinery spaces. Use of absorbent socks leads to a fire hazard, these should only be used to soak up oil for cleaning purposes and are not meant to be left in-situ. Please refer to Section 4.10.3 of the Code for more information.

Indication of discharge should be outside of the protected space, ideally at the helm position. Please refer to Section 5.10.1 of the Code for details.

9. Publicising the Code

To help ensure all affected parties are aware of the Code, it will be publicised via several channels on a repeated basis.

Channels include, but are not limited to, Fishing News, social media (LinkedIn, Twitter), FISG, IFCAs, POs, Home and Dry, Approved Training Providers and The Safety Folders.

Visit the Home and Dry website for more information, where you can also access sea safety training, guidance, and technical expertise to make fishing safer.

10. PFDs

In line with MGN588 paragraph 7.3, the MCA will accept 50N constant wear buoyancy as PFDs, however this needs to be supported by a risk assessment.

11. More Information

• Code of Practice for the Safety of Small Fishing Vessels of Less Than 15m Length Overall

• MSN 1871 Amendment No. 2 (F) The Code of Practice for the Safety of Small Fishing Vessels of Less Than 15m Length Overall

• Inspection of fishing vessels of less than 15m Length Overall

We will review this guidance on a regular basis and update with further information as required.

If you have a question about this Code of Practice or its application, please email [email protected].