The applicability of the Marine (STCW) Regulations 2001 includes Fiji vessels ("a vessel which is registered or licensed in Fiji"), seafarers employed on Fiji vessels, and owners and masters of Fiji vessels. Its main relevancy to sea safety issues in Fiji concerns the manning requirements. The regulations specify the fishing certificates required by vessel size and by distance offshore of operation (unlimited, near-coastal, territorial, and inshore). The requirements for the various fishing certificates are also stipulated with respect to minimum age, prerequisite certificate, required sea service, course of study, other certificates required, and examination.
The authority to inspect fishing vessels is given by the Marine Act to the Director of Marine, which is presently the senior officer in the Fiji Islands Maritime Safety Administration.
With respect to enforcement of sea safety legislation, there are several important issues:
For commercial fishing vessels under ten metres, the requirements are so extensive (the Small Craft Code is 67 pages in length) and the requirements so unreasonable (for example, a seven metres fibreglass fishing boat requires a gangway, life raft, barometer, six hawsers). In practical terms, the requirements are ignored by the fishing fleets and enforcement is irrelevant.
On larger vessels, the requirement for a safety certificate is effectively enforced by the Fisheries Department's policy of "no safety certificate, no fishing licence".
The Navy quickly points out that the effectiveness of sea safety legislation could be improved if they are allowed to enforce at sea rather than just "watch vessels sink". The Marine Act gives enforcement authority to "shipping inspectors" but the Navy has not been delegated this authority. From the FIMSA perspective, giving the Navy enforcement powers is in appropriate as it would involve the military in domestic law enforcement.