Shipping Act 1998
Labor Rules, Offenses, & Infractions
Does the law/regulation require foreign vessels to employ national labor?
Article 48
(1) Every owner of a vessel registered under this Act shall be required, subject to subsection (2), to employ citizens of Samoa aboard that vessel. (2) The Secretary may, on application and presentation of satisfactory proof by the owner, waive the requirement of subsection (1) for a period of up to six (6) months, if no citizens of Samoa with the requisite certificates and experience are available for employment at the time the vessel is due to sail. (3) If the vessel is outside Samoa waters when the period expires, the owner of the vessel may continue to employ noncitizens until the vessel returns to Samoan waters. (4) If, when the vessel is outside Samoan waters, a citizen of Samoa employed on board the vessel is discharged for any reason, that person shall be replaced by another citizen of Samoa at the owners expense, unless the owner can prove to the satisfaction of the Secretary that no suitably qualified or experienced Samoan seamen are available at that time.
What labor laws apply to fishing workers on ships carrying a national flag?
PART VI Seamen's Employment
Vessel Ownership & Legal Responsibility
Does the law/regulation require information about the beneficial owner of the vessel?
Article 41
(1) Where the Secretary has reason to suspect that a vessel registered under this Act is not entitled to be registered he may, by written notice served on the registered owner of the vessel, require that person to furnish to the Secretary within the period specified in the notice, being not less than 30 days after the date of service of the notice, information relating to and evidence as to whether or not the owner is a Qualified Person.
Vessel Registration & License Management
What is the applicable law/regulation for the registration of ships, and does the fisheries legislation have any relevant provisions for registration such as pre-approval?
PART III Registration of Vessels