Order Fom/3422/2011, On 4 November, Which Regulates The Clearance And Coming Of The Vessels Assigned To The Service Of Inspection And Monitoring Fisheries In Galicia.

Original Language Title: Orden FOM/3422/2011, de 4 de noviembre, por la que se regula el despacho y enrole de las embarcaciones adscritas al Servicio de Inspección y Vigilancia Pesquera de Galicia.

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The law 2 / 2004, of 21 of April, created the service of Coast Guard of Galicia, as a service public that depends on functionally of the Ministry competent in matter of fishing. Subsequently, the law 6 / 2009, of 11 of December, by which is modifies Law 11 / 2008, of 3 of December, of fishing of Galicia, replaced its denomination by the of service of inspection and monitoring fishing of Galicia.

This service includes operational units dedicated to inspection, control, search and rescue and pollution control, which aims to ensure compliance with the legislation in force in the field of fisheries, shellfish and aquaculture, monitoring and inspect activities regulated by law 11/2008, of 3 December, fishing in Galicia and perform all necessary actions for the protection of marine resources.

Also, to the cited service you corresponds support to it fleet fishing Galician through the realization of them services of search, rescue and rescue maritime, as well as the prevention and the fight against the pollution of the half marine; These latter two according to national schemes applicable to this matter.

Belonging to the service units are registered in the list eighth of Royal Decree 1028 / 1989, July 28, on flag, registration of ships and maritime registry and the activity purpose is not a commercial purpose, while their crews are formed by professionals of the sea that have caused appointments as statutory and professional staff at the service of the regional administration , or belong to companies that provide these services for the Xunta de Galicia.

Taking in has them missions entrusted and the peculiarity of the half in that have of develop is, it operation of them units requires that is available of a normative specific, with regard to the office of them boats, the coming of them crews and others circumstances that enable which them boats of the cited service can be operational in all time, to the effect of facilitate your work in the compliance of them missions assigned.

This order is the result of a request by the Xunta de Galicia, nevertheless, there are boats affected the provision of services of search, rescue and prevention and fight against pollution, provided their activity without nonprofit and commercial, such as those belonging or purpose related to society and rescue SASEMAR (maritime safety) or Red Cross Sea , as well as to other dependent of communities autonomous. A legal regime similar to that this order sets for service inspection and monitoring fisheries of the Xunta de Galicia, through the adoption of standards can be set for them.

The law 27 / 1992, of 24 of November, of ports of the State and of the marine merchant, in its article 86.3 attributed them functions related with the clearance of boats and the coming of them crews to the Ministry of promotion; attribution that policy is reflected in the order of 18 January 2000, which approves the regulation on the dispatch of ships.

Report of the Xunta de Galicia and the Ministry of Territorial policy and public administration in compliance with the provisions of article 24.3 of the Law 50/1997, of 27 November, the Government has finally be gathered.

By virtue, according to the Council of State, I have: article 1. Dispatch of ships of the vessels assigned to the service of inspection and surveillance fishing of Galicia.

(1. them boats belonging or assigned to the service of inspection and surveillance fishing of Galicia, registered in the list eighth of the Real Decree 1028 / 1989, of 28 of July, on flag, registration of ships and register maritime, must formalize its office in them following cases: to) to its entry in service.

b) annually, coinciding with the renewal of their certificates.

2. for the annual renewal of the firm shall provide only, to the peripheral organs of the General Directorate of the merchant marine, renewed certificates and the corresponding list of crew members.

Article 2. Lists of crew members.

Lists of crew referred to in point two of the preceding article shall include all those crew members who can embark on each vessel (multiple coming), with indication of his position and the professional qualification, have, at least, will be the minimum required for the performance of the position on board.

The list of crew members, which will be sealed by the peripheral organs of the General Directorate of the merchant marine, shall carry on Board at all times, and must match the components of the crew on Board mentioned in list.

Article 3. Formalization of enroles.

For the purposes of control of the crews, you enroles them statutory or employment staff assigned to the inspection service and monitoring fisheries of the Xunta de Galicia, who navigate boats assigned to that service, will be formalized in the peripheral organs of the General Directorate of the merchant marine. This formalization is take to out through the sealed of the book maritime and the annotation in the same of the coming multiple. This will only be necessary navigation book, submit a request for the service of inspection and surveillance showing the names of the people to enroll.

Article 4. Exceptions.

1. in the event that should provide service aboard ships of the service of inspection and monitoring fisheries of the Xunta de Galicia personal that did not have the consideration of statutory or employment ascribed to such service, his coming shall be made upon presentation of the documentation required in articles 31 to 33 of the regulation on the dispatch of ships approved by order of 18 January 2000, and in the form provided for in article 36.

2 consideration of non-crew personnel, officials and any other people who, to carry out inspection activities, scientific or other similar, should embark on the aforementioned service units without forming part of the minimum crew shall have.

In relation to staff cited in the preceding paragraph, shall not be enforceable the subscription of any insurance policy, in the terms provided for in article 33) of the regulations on dispatch of ships, when the aforementioned staff has the status of official, statutory or employment staff attached to a public administration.

Article 5. Control.

Without prejudice to the functions of control that corresponds to the General Directorate of the merchant marine, by the inspection service exercise and fisheries surveillance of the Xunta de Galicia will take control of the crews that are made to the sea in ships of the aforementioned service, ensuring that aircrews have the required qualifications and carry minimum crew in full and must be covered always bridge and machine departments.

Information on the above aspects will be available to the peripheral organs of the merchant marine.

First final provision. Skill-related title.

This order is issued on the basis of provisions in article 149.1. 20th of the Constitution, which attributes to the State the exclusive competence in the field of merchant shipping.

Second final provision. Acts of execution.

Is authorizes to the Director General of the marine merchant to make them acts of execution material that are accurate for the compliance of it willing in this order.

Third final provision. Entry in force.

This order shall enter into force the day following its publication in the «official State Bulletin».

Madrid, November 4, 2011.-the Minister of public works, José Blanco López.

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