The ship was originally UK flagged (it's now Portugal) and the company UK based when the contract commenced in 2018 (pre Brexit ) for what is a EU funded contract , has the company relocated to the EU to continue operating the contract ?
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The company registered office is still listed as:
The Exchange 1, Eighth Floor, 62 Market Street, Aberdeen, Scotland, AB11 5PJ
There was an open call for tender:
The press announcement of the award was dated 07/12/2017
Deployment due to start in 2018
As the contract was tendered, awarded and deployment commenced before the UK left the EU I suspect they didn't set up an operating company in Portugal.
Its an interesting question though there must be literally thousands of contracts still held by UK companies even though they have now left. Presumably they will just run their course.Last edited by Orion; 9 February 2021, 15:27.
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Originally posted by Laners View PostI assume that reflagging the ship to Portugal looks better for a ship working on behalf of the EU .
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Originally posted by ancientmariner View PostLundy Sentinel is registered in Madeira, a Portuguese Island. Her mandate includes all elements of our non-military roles including rescue and illegal activity. As an ERRV her crew would have little training on the technical nuances and legal frameworks to decide on illegal behaviour. They may be only look and record but detaining on suspicion requires Acts of Parliament and due authority as accorded to Naval personnel from the rank of Petty Officer. The question is who carries what authority on board and Nationally/territorially where do we stand.
"As authorised officers, charged with responsibility to enforce seafood safety and sea-fisheries protection legislation, Sea-Fisheries Protection Officers (SFPOs) are entrusted with a broad range of powers under the Sea-Fisheries and Maritime Jurisdiction Act 2006, the Food Safety Authority of Ireland Act 1998, and other legislation. These powers include the right to enter and inspect fishing vessels or premises, to inspect, take, remove and detain any sea-fish or sea-food product, to require information from an individual, to detain a vessel or to close a premises.
"Exchange of inspectors
To increase a uniform level of inspection activities involving control means, EFCA further promoted
and facilitated the cooperation between Member States by creating multinational inspection teams,
and facilitating the exchange of inspectors. In 2019 Member States’ deployment equated to 761
man/days of secondments (at sea and ashore), of which 526 were aboard the EFCA OPV Lundy
Sentinel. Additionally, 123 man/days by third country inspectors were hosted aboard the EFCA OPV."
EFCA control means chartered and deployed following the agreed planning of operations
EFCA’s chartered OPV Lundy Sentinel has been assigned as a fisheries inspection platform for JDPs
all year around, in line with the commitments provided in the JDP planning. Deployments normally
comprise two consecutive weeks at sea and two days at port for crew and inspectors exchange, as well
as the necessary bunkering
If in EU waters (outside 12 Nautical Miles), all EFCA/EU fisheries inspectors are afforded powers to detain vessel if under JDPLast edited by TangoSierra; 10 February 2021, 20:21.
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[QUOTE=TangoSierra;485154]Her crew no but her embarked inspectors (SFPA/EUe quivalent) yes.
"As authorised officers, charged with responsibility to enforce seafood safety and sea-fisheries protection legislation, Sea-Fisheries Protection Officers (SFPOs) are entrusted with a broad range of powers under the Sea-Fisheries and Maritime Jurisdiction Act 2006, the Food Safety Authority of Ireland Act 1998, and other legislation. These powers include the right to enter and inspect fishing vessels or premises, to inspect, take, remove and detain any sea-fish or sea-food product, to require information from an individual, to detain a vessel or to close a premises.
"Exchange of inspectors
To increase a uniform level of inspection activities involving control means, EFCA further promoted
and facilitated the cooperation between Member States by creating multinational inspection teams,
and facilitating the exchange of inspectors. In 2019 Member States’ deployment equated to 761
man/days of secondments (at sea and ashore), of which 526 were aboard the EFCA OPV Lundy
Sentinel. Additionally, 123 man/days by third country inspectors were hosted aboard the EFCA OPV."
The ECFA is a European Union Agency for the Control and management of fisheries throughout the Union. It has connections with NAFO ( Off Newfoundland ) and Frontex for Border Controls. It consists of an Administrative Board ( one Irish member) and an Advisory board ( No Irish member found ) and a large staff with 3 Irish members( possibly 4). The combined budgets for ECFA, FRONTEX, and NAFO is in the order of E 500m.
The most striking impression are the CV's of the Admin board members some entering NONE for vital information channels. The other striking matter is that the main control is very much Iberian, Latin, and mainland European.
A basic scan of infringements doesn't seem to outline legal outcomes and penalties. The EFCA is largely Iberian controlled with the Dutch looking after Pelagic harvests. The impression is that certain fish types are "Mine " and your fish is mostly "Mine" as well.
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Originally posted by ibenji View PostMake you wonder why we need a fisheries monitoring unit when we had 5 ships at haulbowline today, 1 moored in cobh and anothor one at anchor. This is crazy stuff tbh
Our ships are not designated Fishery Patrol Vessels, that is a secondary role which is part of an SLA with the SFPA.
FP is carried out whilst on Maritime Defence and Security Patrols.
The FMC is not just about co-ordinating boarding operations at sea.
The monitoring of what vessels are fishing where and their quotas etcis a 24/7 365 job of the FMC which works closly with the SFPA.
The SFPA can inspect vessels upon landing ashore by the FV of their catch.
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Originally posted by A/TEL View PostOur ships are not designated Fishery Patrol Vessels, that is a secondary role which is part of an SLA with the SFPA.
FP is carried out whilst on Maritime Defence and Security Patrols.
The FMC is not just about co-ordinating boarding operations at sea.
The monitoring of what vessels are fishing where and their quotas etcis a 24/7 365 job of the FMC which works closly with the SFPA.
The SFPA can inspect vessels upon landing ashore by the FV of their catch.
If a civilian vessel like the Lundy Sentinel is used as a Fisheries Inspection platform, why does the SFPA not charter their own vessels?
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Originally posted by TangoSierra View PostWhy does the SFPA not run the Fisheries Monitoring Centre and ask the Navy for support via ATCA/SLA mechanism?
If a civilian vessel like the Lundy Sentinel is used as a Fisheries Inspection platform, why does the SFPA not charter their own vessels?For now, everything hangs on implementation of the CoDF report.
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Originally posted by na grohmiti View PostThe SFPA does not have an EU wide remit. It only manages vessels landing catch in Ireland. It can barely manage what is currently supposed to be doing ashore. The NS monitors all vessels operating within the EEZ on behalf of the EU.
I'll plead the 5th on your second point.
Incorrect on your third point. The Irish Coastguard are the agency responsible for monitoring of all vessels within the EEZ - so says the Minister for Defence and Foreign Affairs and European Maritime Safety Agency.
Written answers
Tuesday, 3 November 2020
Department of Defence
676. Deputy Catherine Connolly asked the Minister for Defence if a report was undertaken in relation to the surveillance operation of a ship (details supplied) blown on to the coast of County Cork in February 2020; if not, his plans to undertake such a report; if so, if he will provide a copy of the report; and if he will make a statement on the matter. [32582/20]
Minister for Defence (Deputy Simon Coveney):
The Irish Coast Guard has overall responsibility for Ireland's system of marine communications and surveillance in Ireland's Exclusive Economic Zone (EEZ).
I understand that the Marine Casualty Investigation Board, which is a statutory independent body, is carrying out an investigation into the grounding of the vessel in Cork earlier this year.
https://debatesarchive.oireachtas.ie...0114#WRMM03200
The electronic Irish Statute Book (eISB) comprises the Acts of the Oireachtas (Parliament), Statutory Instruments, Legislation Directory, Constitution and a limited number of pre-1922 Acts.
18.— (1) A sea-fisheries protection officer, for the purposes of enforcing the Sea-Fisheries Acts 2003 and 2006 or a Community Regulation with respect to any sea-fishing boat within a port in the State, the exclusive fishery limits or (subject to Community law or international law) outside those limits, may—
(a) if the boat is underway, order it to be stopped or be manoeuvred as directed for the purposes of identification or of allowing the officer to go on board it,
(b) board the boat,
(c) require the owner, master or member of the crew of the boat to produce the certificates of registry, licences, authorisations, logbooks or other records relating to the boat or any fishing gear or equipment thereon, the crew or any member of the crew, which are in his or her possession or control, and inspect and take extracts from or copies of them,
(d) require the master of the boat to give an explanation concerning the boat or any fishing gear or equipment on it or concerning the boat’s fishing activity and the certificates, licences, authorisations, logbooks, or other records relating to it,
(e) inspect the satellite-tracking device and any other positioning equipment on the boat and require the owner, master or member of the crew of the boat to demonstrate the operation of that equipment, for the purposes of verifying whether that equipment is operated properly, has not been tampered with or otherwise modified or interfered with and is protected against improper use,
(f) search the boat (including any package, hold, tank, container or boat or other craft on board),
(g) request and take the name and address of any person on board the boat,
(h) request co-operation and assistance from the master or crew of the boat in relation to the inspection, examination and detention of the boat or any fishing gear, equipment or sea-fish on it,
(i) if he or she reasonably suspects that there has been a contravention by any person on board the boat of this Part, without summons, warrant or other process—
(i) if the boat is not in a port, take or instruct that the boat and all persons on board be taken to port or order the master of the boat to take the boat directly to a specified port, and pending the taking of the steps required by section 20 or 21 , as may be appropriate, detain the boat and the persons on board, or
(ii) if the boat is in a port, detain the boat and the persons on board at the port or take it and them to a more convenient port and there detain it and them, pending (in either case) the taking of those steps.
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Originally posted by TangoSierra View PostIncorrect on your first point in terms of SFPA jurisdiction. (see Act below)
I'll plead the 5th on your second point.
Incorrect on your third point. The Irish Coastguard are the agency responsible for monitoring of all vessels within the EEZ - so says the Minister for Defence and Foreign Affairs and European Maritime Safety Agency.
The electronic Irish Statute Book (eISB) comprises the Acts of the Oireachtas (Parliament), Statutory Instruments, Legislation Directory, Constitution and a limited number of pre-1922 Acts.
18.— (1) A sea-fisheries protection officer, for the purposes of enforcing the Sea-Fisheries Acts 2003 and 2006 or a Community Regulation with respect to any sea-fishing boat within a port in the State, the exclusive fishery limits or (subject to Community law or international law) outside those limits, may—
(a) if the boat is underway, order it to be stopped or be manoeuvred as directed for the purposes of identification or of allowing the officer to go on board it,
(b) board the boat,
(c) require the owner, master or member of the crew of the boat to produce the certificates of registry, licences, authorisations, logbooks or other records relating to the boat or any fishing gear or equipment thereon, the crew or any member of the crew, which are in his or her possession or control, and inspect and take extracts from or copies of them,
(d) require the master of the boat to give an explanation concerning the boat or any fishing gear or equipment on it or concerning the boat’s fishing activity and the certificates, licences, authorisations, logbooks, or other records relating to it,
(e) inspect the satellite-tracking device and any other positioning equipment on the boat and require the owner, master or member of the crew of the boat to demonstrate the operation of that equipment, for the purposes of verifying whether that equipment is operated properly, has not been tampered with or otherwise modified or interfered with and is protected against improper use,
(f) search the boat (including any package, hold, tank, container or boat or other craft on board),
(g) request and take the name and address of any person on board the boat,
(h) request co-operation and assistance from the master or crew of the boat in relation to the inspection, examination and detention of the boat or any fishing gear, equipment or sea-fish on it,
(i) if he or she reasonably suspects that there has been a contravention by any person on board the boat of this Part, without summons, warrant or other process—
(i) if the boat is not in a port, take or instruct that the boat and all persons on board be taken to port or order the master of the boat to take the boat directly to a specified port, and pending the taking of the steps required by section 20 or 21 , as may be appropriate, detain the boat and the persons on board, or
(ii) if the boat is in a port, detain the boat and the persons on board at the port or take it and them to a more convenient port and there detain it and them, pending (in either case) the taking of those steps.
A sea fishery protection officer is an assigned member of the crew of a ship, Government owned, whose commanding officer is commissioned and listed in the appropriate gazette for commissioned officers. The protection at sea is provided by NS on behalf of the SFPA while the latter carry out shore inspections and advise whether a detention will become an arrest with Court proceedings. All must have some connection with EU rules and regulations.
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