National CMAC
Working Group on Fishing Vessel Safety Certification and Training
Chaired: Capt. Jules St. Laurent – TC
Monday April 28, 2008
A presentation was made by TC staff in relation to the current regulations, which came into effect on July 1, 2007. The following information was presented.
Fishing Master:
All fishing vessels will require in accordance with their tonnage and type of voyage:
A certificated master (Fishing Master I, II, III, IV or Certificate of Service)
OR
A person holding a Small Vessel Operator Proficiency training certificate OR
A person holding a pleasure craft operator card
For Vessels more than 15 gross tonnage or more than 12 meters but less than 100 gross tonnage:
Near Coastal Voyages – Class 1 (beyond 25 nautical miles) - Fishing Master Class IV or CofS as master of a fishing vessel of less than 60 gross tonnage.
Near Coastal Voyages – Class 2 – (up to 25 nautical miles) – Fishing Master Class IV or CofS as master of a fishing vessel of less than 60 gross tonnage.
Sheltered Waters Voyages - Fishing Master Class IV or CofS as master of a fishing vessel of less than 60 gross tonnage.
For Vessels of Gross tonnage not exceeding 15 or 12 meters overall length:
Near Coastal Voyages – Class 1 (beyond 25 nautical miles) - Fishing Master Class IV or CofS as master of a fishing vessel of less than 60 gross tonnage.
Near Coastal Voyages – Class 2 – (up to 25 nautical miles) – More than 2 miles from shore – training certificate in Small Vessel Operator Proficiency (not required if more than 7 fishing seasons). Less than 2 miles from shore – Pleasure Craft Operator Card.
Sheltered Waters Voyages - Pleasure Craft Operator Card.
Entry into force dates for captains:
v November 7, 2008, if more than 15 m (49’2”)
v November 7, 2009, if more than 14 m (45’11”)
v November 7, 2010, if more than 13 m (42’2”)
v November 7, 2012, if more than 12 m (39’4”)
v November 7, 2015, if more than 6m (19’8”)
v November 7, 2016, fishing vessels of all lengths.
Small Vessel Operator Proficiency Certificate – Not required if the fishing vessel does not exceed 15 gross tonnage or overall length not exceeding 12 meters. The master has acquired, before July 1 2007 at least 7 fishing seasons as master, with no two of those fishing seasons having occurred in the same year. Proof of experience to be kept onboard.
Experience
For Vessels More than 15 gross tonnage or more than 12 meters and not exceeding 60 gt
New Entrant – Obtain FM IV or III
Existing Industry – 12 months service as captain on a fishing vessel of at least 12m or 15gt prior to the entry into force of the regulations (July 1, 2007) – Obtain a CofS as master of a fishing vessel of less than 60 gt.
For Vessels of Gross tonnage not exceeding 15 or 12 meters overall length:
New Entrant – Obtain FM IV or III
Existing Industry –
Near Coastal Voyages Class 1 (beyond 25nm) or Unlimited Voyage - 12 months service as captain on a fishing vessel of at least 12m or 15gt prior to the entry into force of the regulations (July 1, 2007) – Obtain a CofS as master of a fishing vessel of less than 60 gt.
Near Coastal Voyages Class 2 (Up to 25 nm) – Less than 7 fishing seasons as captain – Small Vessel Operator Proficiency training certificate. At least 7 fishing seasons as captain – Provide proof of at least 7 fishing seasons
Voyages of Less than 2 miles from shore in NC2 and Sheltered waters – Obtain Pleasure Craft Operators Card
Requirements for certificate of Service as Master
For vessels between 15gt (or 12m) and 60 gt
- 12 months of qualifying service before July 1, 2007 as master of a fishing vessel of at least 15 gt or 12 m
- Application to be made before July 1, 2017
- MED certificate with regard to basic safety A1
- Restricted Radio Operator Certificate – ROC-MC or ROC – M
If the applicant has fewer than 7 fishing seasons
- SEN Limited
- Basic First Aid certificate
- Small Vessel Operator Proficiency Certificate
Marine Emergency Duties Training
- MED A1 or A3 required April 1, 2008-04-29 For every member of the complement who is required to be on board in order to meet the safe manning requirement
- To be obtain before completing a total of six months of sea service
Except:
- Fishing vessels of not more than 15gt (or 12m) operating in Sheltered Waters voyages or less than 2 miles from shore in NC 2 – obtain Pleasure Craft Operator Card
Number of Persons required to have a MED on a Fishing Vessel
- On fishing vessels of more than 15 gt as per the safe manning document
- On fishing vessels of 5gt and more but less than 15 gt – at least 2 persons
- On fishing vessels of less than 5 gt – at least 1 person
Safe Manning Document
- Prescribed for fishing vessels that are required to carry an inspection certificate (more than 15gt)
- Required on the later of the following 2 dates
- July 1, 2008
- The next periodical inspection of the vessel
Medical Examinations
- Required every 2 years for certificate holders, expect Certificate of Service.
- Provisional medical certificate and Minister’s medical certificate
- Not required anymore for un-certificated crew members
First Aid Training
- The minimum complement shall include a person designated to provide medical first aid who shall have successfully completed at a recognized institution training in:
- Marine basic first aid – on voyages up to 25nm from shore
- Marine advanced first aid on a vessel engaged on a near coastal voyage class 1 or an unlimited voyage
Issues Arising
A number of issues have been brought forward in relation to the new Marine Personnel Regulations. TC staff have tried to address these issues and offered options for industry to decide on. The following highlight the issue along with the possible solution/resolution.
Small Vessel Operator’s Proficiency training – Under the current regulations if you are on a vessel that is up to 15 gross tonnage or not more than 12 m in overall length and sailing in Near Coastal Class 2 (over 2nm – 25nm) you are required to hold a Small Vessel Operator’s Proficiency training. If you have 7 fishing seasons prior to July 1, 2007, you are exempted from taking this training program. However, you must be able to prove that you have the requirements for exemption. TC staff is proposing that in order to show acceptable proof of at least seven fishing seasons experience (before July 1, 2007), fishermen can show:
Testimonial (s) of sea service
Letter from an Association or owner
Discharge Book
Fisherman booklet
Logbooks
Sworn affidavit
TC staff has constructed a form that is to be completed and held aboard the vessel. This will show proof of exemption. The option for acceptable proof and the process for documenting seven seasons was presented and accepted. The declaration form concept was also accepted with some discussion of what the final form format would be. It was determined that this was a detail and that the process should move along. It was agreed by industry that the declaration should be kept simple, maybe a card would be easier, being that it would need to be stored aboard the boat.
Fishing Vessels of up to 15 gross tonnage or 12m in overall length, engaged in Near Coastal 1 (beyond 25nm)
For the existing industry, master of a vessel of up to 15 gross tonnage or 12 m in overall length, if they are fishing in Near Coastal Class 1 – which is beyond 25nm, they can obtain a Certificate of Service or a FM Class IV. In order to obtain the CofS, you must have at least 12month experience as master on board a vessel over 15gt or 12m. For some fishermen, they do not qualify for the CofS and are to look at obtaining a FM IV. This issue was brought forward by industry and TC tried to offer a solution to this problem. TC staff provided the option of for master of a fishing vessel of up to 15 gt or 12m, in Near Coastal Class 1 they need to have a Small Vessel Operator Proficiency and 12 months of sea service as officer in charge of the watch, within Near Coastal 1 restricted to a specific area based on the sea service. If they have 7 fishing seasons experience they would be exempt from the Small Vessel Operator Proficiency but still need to show 12 months of sea service as officer in charge of the watch in specific area within Near Coastal 1.
In order to obtain the exemption of the Small Vessel Operator Proficiency, they would need to complete a declaration (see above). The 12months of sea service as officer in charge of the watch on fishing vessels operating in Near Coastal Class 1 would also need to be documented. Industry has asked that instead of having 12months of sea service as officer in charge of the watch, that this be changed to 7 fishing seasons. This is due to the fact that you would be required in some cases to have more experience then the 7 fishing seasons, depending on what type of fishing they do. TC would have to make changes to the regulations to reflect this request. (Hopefully prior to 2012 when it is to be enforced for this size vessel)
Validity of Certificates – FM II issue and all Fishing Master Certificates – when the Marine Personnel Regulations came into effect on July 1, 2007, a number of the Fishing Master certificates lost some of their validity. In particular the FM II is no longer valid as captain on voyages beyond 200 miles from the coast. Industry disagreed with this change and TC has proposed to make an amendment to the regulations. The new regulations state that a FM II certificate may act as master of a fishing vessel of any tonnage engaged on a near coastal or sheltered waters voyage; and Chief Mate of a fishing vessel of any tonnage engaged on an unlimited voyage (beyond 200miles). TC proposes that FM II issued prior to July 1, 2007 maintain their previous validity until the date of expiry (maximum June 30, 2012). When expired, the Fishing Master II certificate must be renewed and exchanged by the new Fishing Master Class II certificate which imply the new validity. The new validity of the Fishing Master Class II certificate does not allow the master who holds this certificate to be engaged on a voyage beyond 200 miles from the coast. The master will be required to hold a Fishing Master Class I certificate to be engaged on such a voyage.
Since TC offered a “Band-Aid” solution, the industry is requesting that the validity be maintained permanently. Changes will need to be made to the regulations, which may take up to 5 years. This will assist the existing industry maintain the validity of their certificates. All new entrants will be required to meet the new regulations.
The FM Class III and IV certificates have also lost some of their validity on unlimited voyages. Industry has also requested that this be amended for the existing industry.
Deck Watch – According to the Section 216 of the Marine Personnel Regulations, the person in charge of the deck watch must hold a certificate of competency to perform watchkeeping duties and radio watch duties. Vessels operating for more than 24 hours will require a second person certificated to perform watchkeeping duties and radio watch duties. For fishing vessel of more than 15gt or 12 m in overall length and less than 60 gt, the master may obtain a certificate of service as master of a fishing vessel. For these vessels operating for more than 24 hours they must have a certified watchkeeping officer in addition to the master (even if hours of rest and hours of work are not applicable to fishing vessel of less than 100 gt, they have to comply with watchkeeping standards). Existing officers who have been performing this task for years may not obtain a certificate of service, because they do not have service as master. TC staff is proposing a Certificate of Service as Watchkeeping Mate of Fishing Vessel of Less than 60 GT. Similar requirements to the CofS are being proposed. The prerequisite is for 12 months sea service as officer on watch on board a fishing vessel of at least 15GT or at least 12 m in overall length wile engaged on voyages that the certificate sought will permit, acquired prior to July 1, 2007. A policy would be required immediately to bring this certificate in to effect. It was agreed that the proposed certificate of service would allow existing fishermen with 12 months on watch ser service, MED A1 and radio operator’s certificate to obtain a Officer of the Watch Certificate of Service. Industry has requested that the 60 gt be increased to 100 gt for this certificate, which would encompass a larger portion of the industry. It was also asked that under Section 216, part b be changed from a vessel of 5 gross tonnage to 15 gross tonnage. This relieves the safe manning additional person requirement for the small boat fleet.
Manning – Under the Marine Personnel Regulations, the Minimum Complement = Minimum Safe Manning. Depending on:
v Size (tonnage or length) of boat
v Type of ship – passenger carrying, cargo, tug, or fishing
v Type of voyage (unlimited, NC1, NC2, Sheltered waters)
v Length of Voyage
v Watch system (1 watch, 2 watches, or 3 watches) and Watchkeeping standards
v Hours of work and rest
v Propulsive power (kW) of ship
v Construction and equipment of the ship
v Method of maintenance used
v Cargo to be carried.
Minimum Complement to meet four scenarios:
v Normal Operation
v Emergency
v Evacuation (abandoning ship)
v Post-abandonment
A safe manning document is needed for vessels of more than 15 gross tonnage. This safe manning document will outline the number of persons needed to meet the above scenarios. The safe manning document is required on the later of the following 2 dates
- July 1, 2008
- The next periodical inspection of the vessel
Application for safe manning document form # 82-0664 available on the TC website.
New First Aid requirements – TC has recently adopted international standards for first aid training. According to TC staff, Canada has fallen well below international standards for first aid. The new requirements are for Marine Basic First Aid to be a 16 hr course and the Marine Advanced First Aid to become a 31 hr course. The Marine Advance certificate is used for vessels engaged on a near coastal voyage class 1 or an unlimited voyage and as part of a FM certificate. This will make the course go from 2 days to around 5 days. When a certificate holder goes to renew their FM, they will now be required to take this new 31 hr course. Industry feels that this is unacceptable to require this much time and money for a first aid course. Nothing was resolved on this issue at CMAC, but a number of industry groups voiced their concerns.
Working Group on Fishing Vessel Safety
Chaired by Ian Campbell – TC
April 29, 2008
Highlights:
Fishing Vessel Safety Regulations in drafting. Start legal drafting in July. Takes up to 12 months for legal drafting. Should see them in Gazette 1 by July 2009
Under the Regulations – Part 4 – still concerns raised by industry in relation to welding, fibreglass. Still isn’t reflective in the regulations. TC staff suggested that this will be reflective in the regs.
Standing Committee on Fishing Vessel Safety
Chaired: Mark Dolomont, PFHCBNL and Victor Santos-Pedro – TC
April 30, 2008
Highlights:
Updates from Regional CMAC Fishing Vessel Safety Working Group – Atlantic Region – Lionel Comeau reported that he participated in a number of association meetings since the Nov 2007 CMAC.
Update on CCPFH Safety Initiative – Mark reported on behalf of the CCPFH that the E-Simulator for Stability is still a go, and that the CCPFH board agreed to the full development of the tool. MOU signed with Marine Institute MUN to develop. Sourcing final funding for the project. CCPFH is also in the process of developing 4 online modules for the FM IV course. This is being developed by the Fisheries Schools (NS, NB, NFLD and QC). Should be ready for piloting in Sept/Oct.
Update on Fish Safe – Gina Johansen provided an update on some of their projects. She noted that they have developed a Fishery Orientation program for those departments/agencies engaged in the fishing industry ie: Workers’ Comp, Marine Surveyors, etc. They also have a Fishing Vessel Safety Mentoring Initiative – fishermen mentoring fishermen on vessel specific familiarization.
Fishing Vessel Safety Regulations – Victor provided an update on behalf of Kevin Monahan. He noted that the Ship Safety Bulletin on Stability is still in effect. He also noted that the new version of the regs package includes both regulatory requirements and guidelines. In the proposed regs safety critical issues are highlighted as well as reasonable and practicable. These guidelines are considered a road map.
It is to be noted that for vessels over 24m engaged in Fish Packer/Aquaculture fall under cargo vessels. This could have some implications for the Aquaculture sector. Needs to be explored further. Requirements under cargo vessels may be more stringent then fishing vessels. Need to review how many vessels this would affect and relay information to TC.
National CMAC Working Group Report – Training and Certification – Jules St-Laurent TC - Jules highlighted our discussions from the session, and also included the results of an ad hoc meeting that was held with industry and TC staff on day two. Jules report will be circulated to industry in the next few weeks, which will incorporate a number of the comments, requests made by industry. It was also noted by industry that staff involved in the Marine Personnel Regs should participate in a meeting in the region and here the concerns of some of the fishermen and the implications of the new regs. Regional staff has been good at trying to interpret the new requirements, but national staff should be engaged in professional development on the fishing environment.
Stability – Luc Tremblay TC made a presentation to the group in relation to the stability regs. This presentation did not relay clearly as to how the proposed regs will look and what impact they will have. It was requested by industry that in the future a presentation be made that will have clearer information that is in an understandable format to industry, as apposed to information understandable to a naval architect. The next drafting of the stability regs will be done by May 2009. Between May-Nov we will be the consultation period.
Questions were raised in relation to Tradition vessels and if there is a possibility for exemption of fleets that have proven safe records. Victor noted to review the information presented in relation to traditional vessels to determine if our vessels would fit.
