November 15, 2007
National CMAC
November 5-8, 2007
Disclaimer – Please note that these notes are my interpretation
of the proceedings and that further clarification on a particular
issue should be directed to Transport Canada.
Working Group on Fishing Vessel Safety Certification
and Training – November 5, 2007
Marine Emergency Duties Training for Personnel on Small
Commercial Vessels – Ship Safety Bulletin 2007-11-01 – The
above noted bulletin cause great concern, discussion and confusion.
The new ship safety bulletin states “Any person assigned a function on
a vessel shall receive the on-board familiarization and safety training
set out in TP 4957 – Marine Emergency Duties Training Courses,
before starting to fulfill any duty on the vessel. In addition, every
member of the complement, who is required to be on board in order
for the vessel to meet the safe manning requirements, shall have
appropriate MED training with respect to basic safety.” This change
was made between gazette one and two of the Personnel Regulations.
This means that for vessels less than 15 gross tonnage, everyone on
board will need to obtain an MED certificate after 6months – as
previously stated before. For vessels over 15 gross tonnage, that are
required to have a safe manning document, the number of people that
are listed to safely operate the vessel are the number that require
MED. This was changed from before and causes confusion on who
needs an MED. This issue was not resolved at the working group and
people went away still not understanding the new requirements.
Fishing Master Certificates/Certificate of Service as Master of a
Fishing Vessel of Less than 60 Gross Tonnage – The Personnel
regulations came into effect on July 1, 2007, which incorporated
changes to a number of Fishing Master certificates and added the new
Certificate of Service. These certificates were reviewed and the
additional modules/changes were noted. The requirements for
obtaining a fishing master class 4 will be phased in over the next
number of years. The Certificate of service will be for vessels less
than 60 gross tonnage.
Sheltered Waters Voyages – A document was presented which
provided a list of sheltered waters in each province. There are three in
Nova Scotia – Bras d’Or Lake, Annapolis Basin and Digby Gut and
Halifax Harbour. There are 3 in Prince Edward Island and 8 in New
Future Meetings of the Working Group – a discussion was held on
future meetings of this working group. It was noted that this working
group was an adhoc group which was formed to discuss fishing vessel
safety certification and training issues during regulatory reform. Now
that the personnel regulations are completed, TC questioned if we
should continue with this group. There was strong support from
industry to continue this group as we will continue to have issues to
discuss as the new regulations are implemented.
Working Group on Fishing Vessel Safety Regulatory
Issues – November 6, 2007
Update on the regulations – still in policy development. They won’t
start drafting the regulations until winter/spring. It will take at least
six months of drafting. Expected timeline is later than anticipated
(2008). Will be sometime in 2009. There will be some phase in
requirements to parts of the regulations.
Discussion on Stability Regulations – it was noted that the April
2006 Ship Safety Bulletin in relation to Stability for vessels over 15
tons is still in effect. There was a request to make changes to the
bulletin in regards to the icing risk factor and the impact on vessels in
the lobster industry. The BMT report was discussed at a minimum. A
presentation was made by Luc Tremblay on Small Fishing Vessel
Stability and how TC may incorporate some of the recommendations
made by the BMT report into future stability regulations. This was a
some what confusing presentation, and it was challenging to
understand exactly what effects the BMT report will have on the
current/future stability regulations. The FV Stability Work Plan is to
review risk factor table, review type of criteria versus for new &
existing vessels versus risk factors, prepare a matrix of applicable
criteria for all type of vessels and risk factors, review TC simplified
criteria. Adjust criteria is possible, Prepare a matrix of design category
vs. certificate, and prepare a proposal for presentation of stability data
to master.
Review of Fishing Vessel Regulations and Standards – a lengthy
review of the proposed regulations was held with industry. These
regulations are not final and are up for comment. The version
reviewed was just an intent as to how the regulations would be
applied. Missing in the draft are the stability regulations and the
design construction and equipment of vessels 15m and more but less
than 24m in length overall. There was a question as to if there should
be a cut off of 15m or 16m. Under the section of Workmanship –
there were issues raised around who can do work on board boat – ie
welding, fiberglass, etc. and the impact on fishermen who do their own
Standing Committee on Fishing Vessel Safety –
November 7, 2007
Update from Regional CMAC Fishing Vessel Safety Working
Groups – Lionel Comeau reported on the Atlantic Region. He noted
that there has been very little activity since the May CMAC. He
participated in Regional CMAC, along with updates on new certificates
and distribution of the BMT report. No national team meeting for
regulatory reform on the Fishing Vessel Safety regulations. He noted
that the region is supporting participation in industry meetings. There
was a request for more communication around the MED deadline.
Transportation Safety Board – Bert Lewis from the Transportation
Safety Board provided an update to industry. It was noted that there
is a need for better communications on accidents. Communicate
accident reports to the industry. It was suggested that they should
consider doing a dramatization of accidents that have occurred –
similar to programs that have been produced for CBC and the
Discovery Channel. These types of programs have good impact and
reinforce the need for safety at sea.
Stability E-Simulator – A presentation was made by the Marine
Institute on a sample of the e-simulator for stability. Once completed
this appears to be a useful tool for industry and falls in line with the
importance of awareness and education around stability.
Pollution Regulations Update – Bob Gowie – Bob reported on the
new requirements to deal with grey water. This is very similar to the
sewage regulations, and will prove to be costly and unjust for industry
to comply. Similar arguments can be used as in the sewage regulation
that the Maritimes has already demonstrated that there are no
dumping stations and the issue of containment would be expensive
and cause stability issues with many vessels.
Concept Study for Small Fishing Vessel Inspection – Tim
Edwards of the NS Boatbuilders Association made a presentation to
industry on an initiative they are working on for TC. He noted that
there are no tonnage thresholds for fishing vessels requiring inspection
under CSA 2001. There are some 5000 existing un-inspected vessels.
For fishing vessels <15 grt there are – 3247 NS, 2156 NB, 1276 PEI
and 6722 NFLD. Look at authorizing others to inspect – Part 1 Section
12. Inspection Concept – for Existing Small Fishing Vessels >9m TC
has option to authorize qualified persons, including Boat builders to
inspect. TC issues the General Safety Certificate. TC can conduct
random audits. For new Small fishing Vessels >9m TC has option to
authorize qualified person including boat builders to inspect if the boat
is built in a TC approved facility. TC issues the general safety
certificate and TC can conduct random audits. Qualifications for
Eligibility – Boat Builder – person holding a certificate of qualifications.
Criteria for eligibility for the facility are also outlined. Tim noted that
the benefits to industry would be to reduce wait times for fishermen,
increase inspection efficiency and increase marketability of Boat
Builder. The benefits to Transport Canada would be to reduce
inspection burden and risk when others inspect new boats, optimize
resources, self policed by industry, and helps increase safety of
fishermen. This pilot concept will be tested in the Maritimes. The
concept will be refined and a model developed, to see if it works.
Registration of EPIRBs – A presentation was made in relation to
EPIRBs. Stats were presented as to the number of lives that EPIRBs
have saved. It was noted that you must be careful of false signals and
that it can bog down rescuers. It was requested that fishermen should
provide proper up to date phone numbers in order to make it easier to
contact the owner of the EPIRB in case of emergency.
Navigation Safety Update – Regulations – a discussion paper and
presentation was made in relation to the proposed Navigation Safety
Regulations. It was noted that these new regulations will incorporate
a number of previous regulations. It was noted that drafting will recommence
in Nov 2007 and they hope to go to Canada Gazette in the
summer 2008. Issues under consideration were presented and areas
noted that were in relation to the fishing industry.
DFO Fisheries Management Policy and Safety at Sea Update
Bernard Vezina was unavailable to provide an update, so a colleague
of his made a presentation. He had very little report beyond reporting
on fatalities in the fishing industry over the last number of years. He
had nothing to report on the progress to date on the MOU with TC. It
was asked that he report back to Bernard that industry is still awaiting
information on how this Safety at Sea MOU will play out in the regions
and what action items have been developed or considered.
Ship Safety Bulletin – Record of Modifications - Victor presented
a draft ship safety bulletin and sample fishing vessel modification
history form. He asked industry to review and provide comment to
him by next week.
Stability – Victor reconfirmed that the Ship Safety Bulletin in relation
to fishing vessels over 15 gross tonnage April 2006 is still in effect.
The regulations have been delayed, but the bulletin is still good. Some
people have not been complying with the bulletin. There was a one
year grace period for vessels over 15 gt. This can not be extended,
and if the vessel has triggers, they are to comply with the Ship Safety
Bulletin. This can have an impact on vessels that fish during icing
conditions. Victor also noted that the BMT report is finished and he did
receive comments on the study. He passed them on to BMT for
consideration. BMT has delivered the report. TC is now considering
BMT’s recommendations and sharing with industry their
Fishing Vessel Safety Regulator Reform Update – Kevin Monahan
provided an update on the statue of the proposed fishing vessel
regulations, as previously discussed that the working group the
previous day.
Report from Working Group on Fishing Vessel Regulatory
Issues – Ian reported on activities from this working group. It was
noted to Ian that the figures in the BMT report for conducting full and
simplified stability test is too low. He suggested putting these
concerns in writing. Victor also noted that they would be conducting a
study, which would be presented at the next CMAC on how to better
present stability information, what’s needed and how to better
understand the data. There were concerns from industry that they
were not part of this study and that it was important for them to be.
It was requested that the terms of reference for this study be
circulated to industry prior to the start of the contract.
Report from Working Group on Training and Certification – Naim
presented a report from the working group. Victor strongly requested
that this working group will continue permanently and will be part of
the Standing Committee for Fishing Vessel Safety, not Personnel. This
committee will continue, regardless of if agenda items are submitted
prior to the meeting. A length discuss was also held on MED and the
recent ship safety bulletin. Victor noted the confusion with this change
in the policy and requested Naim to fix it. It was suggested that Naim
develop a new bulletin to clear up the confusion. There was consensus
by industry that the previous wording was supported and that the
requirements should stay the same for everyone on the vessel to
obtain an MED after 6 months at sea.
Lisa Anderson
NS Fisheries Sector Council