Post by Administrator on Aug 20, 2022 14:16:54 GMT
The merchant navy association memorial page
James Portus
Merchant Navy Day is on Saturday 3rd September 2022. Our fishing fleet is a vital part of that commemoration, and their recognition is well deserved.
Why is Merchant Navy Day observed annually on September 3?
In recognition of their sacrifice in World War I, King George V bestowed the title of Merchant Navy on British merchant seafarers. Modern-day merchant seafarers are responsible for the majority of U.K.’s imports and exports, including food and other daily products and goods. On September 3rd each year, the Red Ensign is flown across the country to honour the brave men and women of the Merchant Navy.
Merchant Navy Day (theseafarerscharity.org)
Not everyone, however, realises or recognises that the Merchant Navy includes the seafarers of the fishing fleet of all UK Registered fishing boats, no matter how big or small they are.
The Red Ensign or "Red Duster" is the civil ensign of the United Kingdom of Great Britain and Northern Ireland. It is one of the 3 British ensigns, White for the Royal Navy, Blue for the Royal Fleet Auxiliary Services and the Red Ensign for the Merchant Navy.
The Merchant Shipping Act 1854 included a specific provision that the Red Ensign was the appropriate flag for a British merchantman, including fishing vessels. This provision has been repeated in successive British shipping legislation, i.e., 1889, 1894, 1988 and 1995, the present MSA.
For the purposes of the Merchant Shipping Act, a United Kingdom fishing vessel is a United Kingdom ship insofar as the Registration of such vessels is concerned.
As such, the United Kingdom fishing industry is protected and has all the privileges of Registration under that Act of Parliament, including the entitlement, sometimes the obligation, to fly the Red Ensign.
If the master or owner of a ship which is not a British ship does anything, or permits anything to be done, for the purpose of causing the ship to appear to be a British ship then the ship shall be liable to forfeiture and the master, the owner and any charterer shall each be guilty of an offence.
Basically, if a person pretends their ship is British when it is not, then the ship can be seized and forfeited. The Merchant Shipping Act of 1988 was an attempt by the then Conservative Government, to clean up the Shipping Register by getting rid of about a hundred Spanish-owned, but British registered fishing boats, known as quota-hoppers, that were taking British fish quotas for little or no economic benefit to their Flag-State.
The Spanish owners took their cases to the highest court in Europe, the European Court of Justice (ECJ), where they secured a victory known as the “Factortame” ruling.
The Merchant Shipping Act 1995 consolidated much of the UK's previous maritime legislation. The Act of 1995 updates the prior Merchant Shipping Act 1988 and that of 1894. The lead part on British ships was impacted by the outcome of the “Factortame” case of the early 1990s, as the Merchant Shipping Act 1988 was impugned by the Common Fisheries Policy. By 1992, the Spanish-owned “quota-hoppers” were restored to the Shipping Register and compensated financially.
The UK register became, once again, wide open to abuse and ownership of UK fishing companies became the target for, among others, Dutch interests that had been suffering from the savage quota cuts and decommissioning schemes of the CFP. Economic survival and salvation could be found for them by taking British instead of Dutch quotas. Sadly, the Red Ensign for many fishing boats, is a ”Flag of Convenience”.
At the same time as the changes to registration requirements were made by the MSA 1995, other changes were made to fishing vessel license arrangements and, more pertinently, to toughen-up economic link conditions. The UK Government has struggled to make the economic link conditions strong enough to ensure “genuine and substantial connection” to the Flag-State, but Brexit has now offered a new opportunity now that the rulings of the European Court of Justice can, I hope, be set aside.
As outlined in the 2018 Fisheries White Paper, Sustainable Fisheries for Future Generations, the UK leaving the EU gives the government the opportunity to reconsider the economic link licence condition, increasing the benefits to the economy, and to coastal communities in particular, from UK registered vessels that fish against our quota.
The economic link condition currently applies to all UK registered vessels over 10 metres in length that land more than two tonnes of UK quota per annum. It requires them to demonstrate a real link to the economy of the UK by meeting one of the criteria set out in their vessel’s economic link licence condition.
All who invest in the UK fleet and fly the Red Ensign as owners of boats, holders of UK quotas and exploiters of valuable non-quotas species, should support fully the economic link licencing requirements to ensure that the UK economy can expect a proportionate share of the benefits associated with the UK quotas, even when some of that fish is landed abroad.
The Red Ensign is a strong symbol of the UK Merchant, including Fishing Fleet. It should be respected by all who fly it and it should be flown with extra pride on Saturday 3rd September 2022.
James Portus
Merchant Navy Day is on Saturday 3rd September 2022. Our fishing fleet is a vital part of that commemoration, and their recognition is well deserved.
Why is Merchant Navy Day observed annually on September 3?
In recognition of their sacrifice in World War I, King George V bestowed the title of Merchant Navy on British merchant seafarers. Modern-day merchant seafarers are responsible for the majority of U.K.’s imports and exports, including food and other daily products and goods. On September 3rd each year, the Red Ensign is flown across the country to honour the brave men and women of the Merchant Navy.
Merchant Navy Day (theseafarerscharity.org)
Not everyone, however, realises or recognises that the Merchant Navy includes the seafarers of the fishing fleet of all UK Registered fishing boats, no matter how big or small they are.
The Red Ensign or "Red Duster" is the civil ensign of the United Kingdom of Great Britain and Northern Ireland. It is one of the 3 British ensigns, White for the Royal Navy, Blue for the Royal Fleet Auxiliary Services and the Red Ensign for the Merchant Navy.
The Merchant Shipping Act 1854 included a specific provision that the Red Ensign was the appropriate flag for a British merchantman, including fishing vessels. This provision has been repeated in successive British shipping legislation, i.e., 1889, 1894, 1988 and 1995, the present MSA.
For the purposes of the Merchant Shipping Act, a United Kingdom fishing vessel is a United Kingdom ship insofar as the Registration of such vessels is concerned.
As such, the United Kingdom fishing industry is protected and has all the privileges of Registration under that Act of Parliament, including the entitlement, sometimes the obligation, to fly the Red Ensign.
If the master or owner of a ship which is not a British ship does anything, or permits anything to be done, for the purpose of causing the ship to appear to be a British ship then the ship shall be liable to forfeiture and the master, the owner and any charterer shall each be guilty of an offence.
Basically, if a person pretends their ship is British when it is not, then the ship can be seized and forfeited. The Merchant Shipping Act of 1988 was an attempt by the then Conservative Government, to clean up the Shipping Register by getting rid of about a hundred Spanish-owned, but British registered fishing boats, known as quota-hoppers, that were taking British fish quotas for little or no economic benefit to their Flag-State.
The Spanish owners took their cases to the highest court in Europe, the European Court of Justice (ECJ), where they secured a victory known as the “Factortame” ruling.
The Merchant Shipping Act 1995 consolidated much of the UK's previous maritime legislation. The Act of 1995 updates the prior Merchant Shipping Act 1988 and that of 1894. The lead part on British ships was impacted by the outcome of the “Factortame” case of the early 1990s, as the Merchant Shipping Act 1988 was impugned by the Common Fisheries Policy. By 1992, the Spanish-owned “quota-hoppers” were restored to the Shipping Register and compensated financially.
The UK register became, once again, wide open to abuse and ownership of UK fishing companies became the target for, among others, Dutch interests that had been suffering from the savage quota cuts and decommissioning schemes of the CFP. Economic survival and salvation could be found for them by taking British instead of Dutch quotas. Sadly, the Red Ensign for many fishing boats, is a ”Flag of Convenience”.
At the same time as the changes to registration requirements were made by the MSA 1995, other changes were made to fishing vessel license arrangements and, more pertinently, to toughen-up economic link conditions. The UK Government has struggled to make the economic link conditions strong enough to ensure “genuine and substantial connection” to the Flag-State, but Brexit has now offered a new opportunity now that the rulings of the European Court of Justice can, I hope, be set aside.
As outlined in the 2018 Fisheries White Paper, Sustainable Fisheries for Future Generations, the UK leaving the EU gives the government the opportunity to reconsider the economic link licence condition, increasing the benefits to the economy, and to coastal communities in particular, from UK registered vessels that fish against our quota.
The economic link condition currently applies to all UK registered vessels over 10 metres in length that land more than two tonnes of UK quota per annum. It requires them to demonstrate a real link to the economy of the UK by meeting one of the criteria set out in their vessel’s economic link licence condition.
All who invest in the UK fleet and fly the Red Ensign as owners of boats, holders of UK quotas and exploiters of valuable non-quotas species, should support fully the economic link licencing requirements to ensure that the UK economy can expect a proportionate share of the benefits associated with the UK quotas, even when some of that fish is landed abroad.
The Red Ensign is a strong symbol of the UK Merchant, including Fishing Fleet. It should be respected by all who fly it and it should be flown with extra pride on Saturday 3rd September 2022.