S.L. 425.14 Art. 2Interpretation.

In these regulations, unless the context otherwise requires:

''the Act'' means the Fisheries Conservation and

Management Act;

''basic pay'' or ''wages'' means the pay, however composed, for normal hours of work, but does not include overtime worked, bonuses, allowances, paid leave or any other additional remuneration;

"commercial fishing" means all fishing operations with the exception of subsistence fishing and recreational fishing;

"competent authority" means any public body, department, agency, authority, specialised units, commissions, boards or entities established for the exercise of a public authority according to law, or any other person or body otherwise subject to the control of the Government of Malta, which may according to law be responsible for a particular issue, sector or obligation, excluding the Director or the Department of Fisheries and Aquaculture;

''consolidated wage'' means a wage or salary which includes the basic pay and other pay-related benefits including compensation for all overtime hours worked and all other pay-related benefits;

"consultation" means that the Director shall discuss with the Board any relevant matter requiring consultation according to these regulations;"

"Council Directive 2017/159" means Council Directive

(EU) 2017/159 of 19 December 2016 implementing the Agreement concerning the implementation of the Work in Fishing Convention, 2007 of the International Labour Organisation, concluded on 21 May 2012 between the General Confederation of Agricultural Cooperatives in the European Union (Cogeca), the European Transport Workers’ Federation

(ETF) and the Association of National Organisations of Fishing Enterprises in the European Union (Europêche);

"crew member" means any fisherman or master and any other person serving on that vessel;

"fisherman" means any person involved in any work and in any capacity on board any fishing vessel, inclusive of self-employed fisherman providing services on board a fishing vessel, but excluding port pilots and shore personnel carrying out work on board a fishing vessel at the quay side;

"fisherman’s work agreement" means a contract of employment, articles of agreement or other similar arrangements, or any other contract governing a fisherman’s living and working conditions on board a fishing vessel;

"fishing operation" means catching, or catching and processing, of fish or other living resources of the sea;

"fishing vessel" or "vessel" means a local fishing vessel engaged in commercial fishing;"

"fishing vessel owner" or "owner" means the owner of the fishing vessel, or of another organisation or person, such as a manager, agent or the bareboat charterer, who has assumed the responsibility for the operation of the vessel from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on the fishing vessel owners in accordance with these regulations, regardless of whether any other person fulfils any of the duties or responsibilities on behalf of the fishing vessel owner;

"hours of rest" means time outside hours of work and does not include short breaks;

"hours of work" means time during which a fisherman is required to do work on account of the vessel;

"international voyage" means a voyage from a state to a port outside such a state;

"length (L)" shall be taken as ninety-six per cent of the total length on a waterline at eighty-five per cent of the least moulded depth measured from the keel line, or as the length from the foreside of the stem to the axis of the rudder stock on that waterline, if this is greater; in vessels designed with rake of keel, the waterline on which this length is measured shall be parallel to the designed waterline;

"length between perpendiculars (LBP)" means the distance between the forward and the backward perpendiculars; the forward perpendicular shall be coincident with the foreside of the stem on the waterline on which the length (L) is measured; the backward perpendicular shall be coincident with the axis of the rudder stock on that waterline;

"master" shall have the same meaning assigned to it in the Act;

"Medical Council" shall have the same meaning as assigned to it in the Health Care Professions Act;

"medical practitioner" means a duly qualified medical practitioner as established under the Health Care Professions Act;

"night" means the period between 9 p.m. on any one day and 6 a.m. on the following day;

''overtime'' means time worked in excess of the normal hours of work;

"private employment agency" means any person, company, institution, agency or other organization in the private sector engaged in employing or engaging fishermen, with a view to making them available to fishing vessel owners, who assign their tasks and supervise the execution of these tasks. "recruitment and placement service" means any person, company, institution, agency or other organisation, in the public or the private sector, which is engaged in recruiting fishermen on behalf of, or placing fishermen with, fishing vessel owners;

"safe manning document" means a document prescribing the minimum safe manning considered necessary for the sufficient and efficient manning of the vessel from the point of view of safety of life at sea and pollution prevention, issued in the case of a Maltese vessel by the Director or by the competent authority, and in the case of any other vessel, by or on behalf of the Government of the state whose flag the vessel is entitled to fly;

"unit" means that any reference to any fine (multa) that may be imposed under these regulations shall be equivalent to two euro and thirty-three cents or to such other sum as the Minister, with the concurrence of the Minister responsible for justice, may by means of a decree determine from time to time, and differed equivalences may be determined for different provisions of the Act or for different provisions in regulations made under the Act.

(2) Save as otherwise provided in these regulations, the definitions provided for in the Act are to apply to these regulations.