This document provides guidance for inspectors of small fishing vessels less than 24 meters in length. It outlines basic principles for inspectors to uphold, such as exercising integrity and fairness. It provides definitions for key terms and addresses the conduct of inspections, issuance of certificates, giving advice, and preparing for potential litigation. The goal is to help ensure fishing vessels are safely constructed and operated according to minimum standards.

1. Annex VIII
Code for the Conduct of an Inspector of Small Fishing Vessels
Annex VIII to the Final Report
TCP/RLA/0069
Development of Standards
for the
Construction and Inspection
of
Small Fishing Vessels
Food and Agriculture Organizations
of the
United Nations

2. FAO Technical Cooperation Programme
TCP/RLA/0069
Code for the Conduct
of an
Inspector of Small Fishing Vessels
Prepared By
John Fitzpatrick
International Consultant
Senior Marine Surveyor
Summary
This document gives guidance in relation to the conduct of
a person authorized to carry out an inspection of a fishing
vessel of less than 24 metres in length. It offers a set of
basic principles that could be given legal substance as and
when a fishing vessel inspection service is determined to be
necessary.
The document does not address inspections that may be
required for the sole purpose of fisheries conservation and
management.
Food and Agriculture Organization
of the
United Nations

3. ii
The views and opinions in this document are those of the author and do
not imply any expression of any opinion whatsoever on the part of the
Food and Agriculture Organization of the United Nations.
Preparation of this Document
This has been prepared as an output of the project and intended
to stand-alone. However for a more full understanding of the
qualification and experience required by an inspector of a small
document TCP/RLA/68RS – 04 should be consulted. Similarly,
if more details are required in relation to the inspection of a
small fishing vessel the following documents should be
consulted
 TCP/RLA/0069/03;
 TCP/RLA/0069/05;
 TCP/RLA/0069/06;
 TCP/RLA/0069/WP-01; and,
 TCP/RLA/0069/WP-03

4. iii
Contents
Introduction 1
Application 2
Definitions 2
Basic Principles 3
General 3
Ethical 3
Purpose of the Code of Conduct for the Inspection of a Fishing Vessel 3
Conduct of Inspections 3
Issue of certificates 4
The “inspector” giving advice 4
Litigation 5

5. 1
Introduction
1. One of the basic principles in relation to the building of a fishing vessel is that it should be
constructed in a manner that would facilitate regular maintenance so ensuring that the vessel
is at all times and in all respects, satisfactory for the intended service of the vessel. In order
to ensure that the principle is followed it is the duty of a flag State is to ensure compliance
with appropriate safety requirements for fishing vessels and fishers in accordance with
international conventions, internationally agreed codes of practice and voluntary guidelines.1
2. The actual requirements concerning safety construction standards, safety equipment and
equipment should be embodied in the Shipping and or Fisheries Acts, Regulations and
Schedules as appropriate. In addition, the responsible administrative body for the inspection
of fishing vessels should be identified in both the Shipping and Fisheries Acts as the case
may be.
3. The project found that the arrangements for the inspection of fishing vessels within the sub-
region varied greatly with the coastguard, the maritime administrations and or the fisheries
administrations carrying out inspections wholly or in part. In some cases, the shipping Act
identified the maritime administration as responsible for inspections but other
administrations carried out the work. Conversely, some fisheries Acts identified the
fisheries administration as responsible but other administrations carried out the work. What
was unacceptable was the fact that in at least one case, there was a gap in the legal
requirements for a fishing vessel to be seaworthy.
4. The Regional Seminar held in St. Lucia recommended that there should be a common
approach to the requirements for the inspection of a fishing vessel in the sub-region and
recognized the need for the “competent administration” to be identified at the country level.
Since the appropriate administration, be it maritime, fisheries or coastguard could differ
from country to country, there should be a common understanding of the role of the fishing
vessel inspector; this understanding should be shared with all stakeholders.
5. However, the terms of reference for a person authorized to inspect fishing vessels would
most likely be different for officers of a coast guard and perhaps the maritime authorities
when compared with those of an officer of a fisheries administration since in the latter case
the authorized person would, in all probability, carry out other duties and may be called upon
to give advice.
6. With regard to all stakeholders, there must be a clear understanding that “due diligence” has
to be exercised by the owner and or managers of a fishing vessel in relation to its
maintenance and manning and to ensure that it is in a seaworthy condition when it puts to
sea. A repairer, employed by the owner must also exercise due diligence and,
notwithstanding pressure by the owner, carry out repairs in a sound and proper manner. A
persons authorized to inspect fishing vessels on the other hand has to be diligent at all times
in the discharge of their duties in order to ensure that they would not be held negligent.
7. Failure of a party to exercise due diligence, could lead to litigation where the law may apply.
In simple terms Tort is a civil wrong, a breach of the duty of care owed by one person to
another. The law prescribes standards for that duty of care. It is clear that a higher standard
of duty would have to be exercised by experts such as a boat builder or repairer and an
inspector of fishing vessels in the course of their professional duties.
1
The Code of Conduct for Responsible Fisheries, Article 8 – Fishing Operations, Paragraph. 8.2.5.

6. 2
Application
8. Whereas this proposed Code for the Conduct for the Inspector of Small Fishing Vessels is
intended to give guidance to inspectors of small fishing vessels of less than 24 metres in
length, the general principles can be applied to the survey and inspection of larger fishing
vessels.
Definitions
9. For the purpose of this document:
i. “Competent Authority” means the government of the State whose flag the vessel is entitled
to fly.
ii. “Inspection of a Fishing Vessel” means an inspection carried out to ensure compliance
with the provisions of the shipping and or fisheries Acts in relation to standards of safety
construction, safety equipment, equipment and operation of a fishing vessel of less that
24m in length.
iii. “Length” means
 for any fishing vessel built after 18 July 1982, 96 per cent of the total length on a
waterline at 85 percent of the least moulded depth measured from the top of the keel,
or the length from the foreside of the stem to the axis of the rudder stock on that
waterline, if that length is greater. In vessels designed with rake of keel the waterline
on which this length is measured should be parallel to the designed waterline.2
 for any vessel built before 18 July 1982, registered length as entered on the national
register or other record of the vessel.
iv. “Fishing Vessel Inspector” means a designated member of the staff of a maritime or
fisheries administration regardless of the grade of the person within these administrations.
v. “Surveyor”, for the purpose of these guidelines, means a staff member of a ship
classification society, a person appointed as a non-exclusive surveyor by a classification
society, a person appointed by Lloyd’s Agent or a person accredited by a professional
body as a surveyor of ships.
vi. “Commercial fishing vessel” means a vessel fishing for the purpose of selling the fish
caught;
vii. “Sport fishing vessel” means a vessel used for the purpose of recreation and not for the
purpose of selling the fish caught.3
viii. “Foreign Fishing Vessel“ means any fishing vessel other than a local fishing vessel.
ix. “Unseaworthy vessel” means a vessel whose hull, machinery, equipment or operational
safety is substantially less than the provisions of the shipping and or fisheries Acts in
relation to standards of safety construction, safety equipment, equipment and operation of
a fishing vessel.
2
This definition of length is consistent with the “Agreement to Promote Compliance with
International Conservation and Management Measures by Fishing Vessels on the High Seas”.
3
Individual Acts may distinguishing between recreational sports fishing and traditional recreational
fishing

7. 3
Basic Principles
General
10. No local fishing vessel should be used for fishing or related activities unless there is in
existence a valid certificate of seaworthiness issued in respect of that vessel.
11. The Competent Authority may at any time and without notice cause any fishing vessel to be
inspected for the purpose of determining whether the vessel is seaworthy and fit for the
purpose of fishing.
12. Any person authorized by the Competent Authority to inspect a small fishing vessel for
seaworthiness should have appropriate qualifications and experience. 4
13. No person authorized by the Competent Authority to inspect a small fishing vessel should
discriminate in form or in fact against classes of fishing vessels, ports of operation or
builders of fishing vessels.
Ethical
14. Such persons so authorized by the Competent Authority to inspect a small fishing vessel for
seaworthiness should demonstrate a high level of personal and professional integrity.
15. In the exercise of professional skills, such persons so authorized by the Competent Authority
to inspect a small fishing vessel must recognize that meeting the demands of the fishing
industry requires ability and commitment often without regard for personal convenience
They must be diligent in the performance of their work on behalf of the Competent
Authority.
16. Such persons so authorized must exercise care in relationship with others, confrontations can
lead to error and error can lead to loss of life and or property at sea.
Purpose of the Code for the Conduct for the Inspector of a Small
Fishing Vessel5
17. That all fishing vessels are built maintained and operated in accordance with minimum
acceptable standards.
18. That the inspection of a fishing vessel is conducted in a professional manner, consistent with
high standards of integrity and fairness.
Conduct of Inspections
19. It is recommended that a “fishing vessel inspector” be issued with a document of authority
to inspect a fishing vessel.
20. Any inspection of an existing fishing vessel should be carried out in the presence of the
skipper and or owner.
21. In the case of a fishing vessel under construction, the inspection should be carried out in the
presence of the builder. The buyer should be advised when an inspection is planned in order
that he or she may also be present.
4
The qualifications and experience are to be determined by the flag State in accordance with the
proposals set out in Document TCP/RLA/69RS-0.4.
5
The Code is not indented to be a substitute for national laws and regulations. It may, however,
serve as a guide for those concerned with framing such national laws and regulations.

8. 4
22. In scheduling inspections the “fishing vessel inspector” should take care to ensure that
satisfaction and or dissatisfaction is expressed at key stages of construction. In particular,
dissatisfaction should be expressed as soon as the fishing vessel inspector has any doubt to
avoid the builder continuing with work that might have to be undone at a later stage and to
avoid dispute between builder and buyer.
23. When a ”fishing vessel inspector” lacks the required expertise for a particular inspection he
or she can be assisted by any person with the required expertise acceptable to the Competent
Authority.
24. The “fishing vessel inspector” and any person assisting should have no commercial interest
in the vessels under inspected.
25. In the event that “fishing vessel inspectors” attend the technical trials of a vessel and or an
inclining experiment or any other test, they should not assume command of the vessel.
26. Where a “fishing vessel inspector” is not totally satisfied with the state of a fishing vessel
that is otherwise seaworthy, conditions may be entered in the record of the fishing vessel
requiring the owners to take action within a limited time scale but not later than the next
scheduled periodic survey.
27. Wherein a fishing vessel is deficient and the deficiency can not be put right at the place of
inspection a “fishing vessel inspector” may allow the fishing vessel to proceed to another
place where the deficiency can be rectified subject to any appropriate conditions determined
by him or her as a consequence of the inspection.
28. Where, following any inspection the vessel is found not to be seaworthy or is not fit for the
purpose of fishing, the “fishing vessel inspector”, without delay, should recommend that the
certificate of seaworthiness issued in respect of that vessel should be withdrawn and the
vessel prevented from going to sea.
Issue of certificates
29. A “fishing vessel inspector” should make a report of all inspections made and should give
his or her signature in recommending that a certificate may be issued. Likewise his or her
signature should be given and the reasons so stated if the issue of a certificate is not
recommended. Such certificates would include, but need not be limited to:
o Certificate of Safety Construction
o Tonnage Certificate
o The Carving Note
o Certificate of Seaworthiness
o Safety Equipment Certificate
o Radio Certificate
30. A fishing vessel inspector may be called upon to investigate the loss or destruction of a
vessel, or it’s decommissioning as a fishing vessel and may be required to recover the
certificate of registration issued in respect of that vessel.
The “inspector” giving advice
31. A fishing vessel inspector may be consulted from time to time by boat builders, boat
repairers, fishermen and or owners of fishing vessels and may give technical advice in this
respect. Due diligence must be exercised and the limitations of the fishing vessel inspector
should be recognized and where doubt exists, the request should be referred to a more
competent person.

9. 5
32. Where advice is given in relation to types of vessels, machinery and equipment, the “fishing
vessel inspector” should not have a financial interest in the business of the manufacturer(s)
so recommended.
33. A fishing vessel inspector should not give technical advice that is inconsistent with the
approved safety construction standards and safety equipment standards set out in the
regulations and or schedules to the appropriate Act.6
Litigation
34. Unless there are provisions in national law stating otherwise, a fishing vessel inspector may
be called as a “Witness of Fact” or as an “Expert Witness”.7
Since oral examination is the
only means by which the testimony and the bona fides of the witness can be challenged
without resorting to endless correspondence8
the fishing vessel inspector must demonstrate:
o knowledge;
o integrity;
o rationality;
o communicability; and.
o decisiveness.
35. A witness may be required to submit written reports. The fishing vessel inspector must be
able to prepare such reports in a concise and accurate manner and should not use terms that
may convey more than one meaning. Similarly, photographic evidence must be composed in
such a manner that it is aligned with and clearly illustrates the point or points so stressed in
the report.9
36. Where national law provides for the “Doctrine of Privilege” and in the event that legal
proceedings could arise or be imminent, a fishing vessel inspector so concerned in the matter
may submit a report to legal counsel (to the agency responsible for inspections of fishing
vessels) for the purpose of receiving legal advice.10
6
The inspector must be well versed with the contents of the Act and Regulations and in particular
the provisions therein for equivalence and exemptions.
7
Calling of “expert Witnesses” may vary according to the legal system and whereas these witnesses are
usually independent experts not engaged in the subject matters, a party may call as an “Expert Witness” an
expert engaged in the subject matters.
8
This process of interrogation would soon expose a person lacking proper qualification and
experience.
9
To the extent possible a report should be so written that no sketches or photographs would be
required. However, where and when it would enhance a report sketches and photographs should carry the
date, time and place to which the evidence refers together with the signature of the Inspector. Originals ad
negatives should be saved. Photographs that can be edited, such as taken by a digital camera should be
avoided since these are unlikely to be admissible in court.
10
Any such report should include the following statement, “confidential report for the information of
the administration’s legal counsel prepared for the purpose of obtaining legal advice on proceedings
pending, threatened or anticipated”.