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1. This Convention applies to all sea-going mechanically propelled ships and boats, of any nature whatsoever, whether publicly or privately owned, which are engaged in maritime fishing in salt waters and are registered in a territory for which this Convention is in force.
2. National laws or regulations shall determine when ships and boats are to be regarded as sea-going for the purpose of this Convention,
3. This Convention does not apply to ships and boats of less than 75 tons: Provided that the Convention shall be applied to ships and boats of between 25 and 75 tons where the competent authority determines, after consultation with the fishing-vessel owners' and fishermen's organisations where such exist, that this is reasonable and practicable.
4. The competent authority may, after consultation with the fishing-vessel owners' and fishermen's organisations where such exist, use length instead of tonnage as a parameter for the purposes of this Convention, in which event the Convention does not apply to ships and boats of less than 80 feet (24.4 metres) in length: Provided that the Convention shall be applied to ships and boats of between 45 and 80 feet (13.7 and 24.4 metres) in length where the competent authority determines, after consultation with the fishing-vessel owners' and fishermen's organisations where such exist, that this is reasonable and practicable.
5. This Convention does not apply to–
(a) ships and boats normally employed in fishing for sport or recreation;
(b) ships and boats primarily propelled by sail but having auxiliary engines;
(c) ships and boats engaged in whaling or similar pursuits;
(d) fishery research and fishery protection vessels.
6. The following provisions of this Convention do not apply to vessels which normally remain away from their home ports for periods of less than 36 hours and in which the crew does not live permanently on board when in port:
(a) Article 9, paragraph 4;
(b) Article 10;
(c) Article 11;
(d) Article 12;
(e) Article 13, paragraph 1;
(f) Article 14;
(g) Article 16:
Provided that in such vessels adequate sanitary installations as well as messing and cooking facilities and accommodation for resting shall be provided.
7. The provisions of Part III of this Convention may be varied in the case of any vessel if the competent authority is satisfied, after consultation with the fishing-vessel owners' and fishermen's organisations where such exist, that the variations to be made provide corresponding advantages as a result of which the over-all conditions are no less favourable than those that would result from the full application of the provisions of the Convention; particulars of all such variations shall be communicated by the Member to the Director-General of the International Labour Office, who shall notify the Members of the International Labour Organisation.