Marine Safety Branch Transport Canada

1. Marine Safety Branch Transport Canada Presented at Gander, NL - March 08, 2004

2. Small Fishing Vessel Safety Regulatory Considerations

3. Overview • Introduction - Marine Safety Branch • Current Legislation • Small Fishing Vessel Safety Regulations • Large Fishing Safety Regulations • Observations and Concerns • Regulatory Reform • Parallel Initiatives

4. Upfront • Regulatory framework – current and future • Safety issues should not be tied to to economic issues • Understanding the requirements can aid decision making • Large vessels are not always safer - they can offer more flexible solutions • Suitability, performance and safety may all be enhanced by design

5. Marine Safety - History • Origins traced from the 1834 Steamboat Act in New Brunswick - Board of Steamboat Inspectors • Legislative development with Canada Shipping Acts of 1906, 1927 and 1934 • Significant changes since 1995 - greater regionalization, departure of CCG, recent return of some functions. • Currently undergoing a major reform program – including fishing vessel regulations.

6. Marine Safety as a Federal Regulatory Agency • Regulations for transportation safety and environmental protection • Design, construction and equipment for all types of commercial vessels, small and large • Maintenance of vessel registry • Marine Occupational Safety and Health • Qualification of seafarers, pilotage oversight • Ship source pollution – prevention and enforcement

7. Canada Shipping ActKey Legislation • Small and Large Fishing Vessel Inspection Regulations • Supplementary regulations for lifesaving Equipment, Fire Detection and Extinguishing, Collision, Tonnage, Boat and Fire Drill, etc. • Technical Standards, Bulletins, References, Guidelines, policies and practices - stability, electrical systems, product approvals, etc. • A complicated regime – not always understood

8. Small Fishing Vessel Inspection Regulations • Commercial fishing vessels not exceeding 150 gross tons and 24.4m in length • Requirements vary for length, open/closed construction • Inspection requirements - >15 tons – every four years • Basic requirements for plans and stability, hull design, outfit, fuel tanks, pumping, piping, ventilation and machinery • Lifesaving, fire fighting and emergency equipment • Discretionary powers for inspectors

9. Large Fishing Vessel Inspection Regulations • Vessels exceeding 150 gross tons or 24.4m in length • Many equivalent provision – some differences • Annual inspections and periodic hull and machinery surveys – size dependent (>30.5m) • Prescriptive requirements plan/data submission, hull design, outfit, fuel tanks, pumping, piping, ventilation and machinery • More stringent requirements for lifesaving, fire fighting and other emergency equipment

10. More History • The Small and Large Fishing Regulations are somewhat dated and in need of modernization. • Both date from an era when smaller vessels fished closer to shore with more basic gear. • Industry changes.

11. Observations of a Changing Industry • Economics and resources • Introduction of multi-purpose boats • Vessels operating on longer voyages, later seasons and with larger crews for some fisheries • Introduction of new construction techniques, vessel types and other novel features • Introduction of multi-hulls and high speed vessels • Larger and more sophisticated mechanical and electrical systems

12. Observations • Vessels at the length envelopes constructed with increased beam and depth – extreme by some standards • Relatively large shelter decks with higher centers of gravity for drums, winches, doors and cranes • Heavy gear and unique features such as RSW, freezers, anti-roll tanks and bulbous bows • Congested decks for some fisheries • Radical conversions of existing vessels

13. Practical Safety Concerns • Winter fisheries, multi-purpose vessels and fit for purpose - stability issues • Potential for injury on congested decks • Bilge and sump arrangements for shelter decks • Fire protection, machinery and electrical systems • Adequacy of escapes, ladders, closing appliances, fish holds divisions and anti-roll tanks • Structural strength and design, extra loads • Ill-conceived conversions – there is a limit

14. How are these addressed now? • Sometimes inconsistently • Discretionary solutions within existing framework • Address risk - focus on the problem or the system • Think prevention first - mitigation as a last resort • Minimize, where possible, impacts at the boundaries of regulations and standards • Professional help with design – recommended • If all else fails, work for regional guidelines and policies – but often not possible

15. In the future? • New Canada Shipping Act and branch wide regulatory reform program (15 regulations) • New fishing vessel regulations and standards • Less than 24m – 1993 draft regulations • Greater than 24m – adapt/adopt international standards, Torremolinos Protocol and IMO Guidelines • Consultations and review – Canadian Marine Advisory Council (CMAC) working groups

16. New Regulations - Goals • Reduce/eliminate reliance on tonnage as a demarcation • Demarcations necessary – reduce impacts at the thresholds (6m, 9m, 12m, 15m, 18m & 24m?) • Focus on risk - prevention and response • Reduce/eliminate inspectors’ discretion • Codify current good practices • More prescription - detail - systems, fittings, emergency equipment and construction

17. Parallel Projects • Review of stability standards for fishing vessels • Technical standards for construction issues • Voyage classification, fire lifesaving, certification, inspection and fire regulations all under re-development Target for completion – 2006!