Prince Edward Island Fishermen's Assoc.

REPORT ON NATIONAL CMAC

Following is an encapsulation of the information garnered at the recent National CMAC meeting. It is divided into topic and the results of discussion or Transport Canada regulations that are or will be coming into force under The Canada Shipping Act 2001.

All fishing vessels will require a certified master or a person holding a Small Vessel Operator Proficiency (SVOP) training certificate or a person holding a pleasure craft operator card. Each will be in accordance with its tonnage and type of voyage. For the PEI fleet this means most will require an SVOP certification (less than 12m.LOA or <15m.t. sailing Near Coastal 2 - within 25 miles of shore).

The master and the authorized representative of a vessel shall ensure that a person assigned any function on that vessel receives on-board familiarization and safety training as set out in Technical Paper 4957 before they begin any duty on the vessel.

The master shall ensure records of training (which include the following information) are available for inspection by a Marine Safety Inspector: the name of each crewmember who has been trained, when they were trained and what they were trained on.

Safe Manning Documents:

Every vessel that is required to carry an inspection certificate shall also carry on board a safe manning document. Valid for a maximum of five years after issuance to specify: the minimum number of members of the crew complement, the certificates required to be held by the complement, any conditions or limitations on the certificates. Entry into force: the later of the next periodical inspection or one year after the coming into force of this section.

MED Ship Safety Bulletin Issued March 27, 2007:

Transport Canada is granting an extension for enforcement. Those that have not received training yet will be allowed to work on vessels if they are registered for the MED training at an approved institution by April 1, 2008.

New in the regulations is: "The master and the authorized representative of a vessel shall ensure that every member of the complement of that vessel who is required to be on board in order to meet safe manning requirements, before completing a total of six months of sea service, obtain at least one of the training certificates in Marine Emergency Duties with respect to basic safety." In some situations, if crews are not classified as being part of the vessel complement, they could be exempt.

Medical Examinations:

These will be required every two years for the following crewmembers: all certificate holders except certificate of service as a master of a fishing vessel <60g.t. No longer required for un-certified crewmembers.

First Aid Training:

The minimum vessel complement shall include a person designated to provide medical first aid, having successfully completed training at a recognized institution in Marine Basic First Aid and Marine Advanced First Aid, on a vessel engaged in a near coastal voyage class I (beyond 25 miles) or an unlimited voyage.

MED-A4:

This program will no longer be available. It is to be replaced with the Pleasure Craft Operators Competency Program. This program will be available to operators and crewmembers of fishing and aquaculture vessels < 15g.t. or <12m., and to non-passenger carrying vessels <8m. on certain voyages, operating in sheltered waters no more than 2 miles from shore.

This is to be an online examination and must be taken in a public area (not from home). It is to be multiple choice with a passing mark of 75%. It can be rewritten as many times as is necessary with no time limit on completion.

Small Vessel Operator Proficiency:

While the training course is still not finalized, a review of the course syllabus shows it to be about a four-day course. Some training facilities combined it with an MED-A3 to make it five days. This will be the required course for most of the PEI fleet.

Pollution Regulations:

New regulations were first published in Canada Gazette Part I on June 17, 2006 without industry knowledge. As a result of complaints from industry and further public meetings a revised version of the proposed regulations was submitted for publication in Canada Gazette Part II.
Application of the Regulations:

Small ships not voyaging internationally built after the entry into force of the regulations must comply immediately. Small ships not voyaging internationally but built before the coming into force of the regulations must comply within five years after the regulations enter into force.

Equipment:

Ships fitted with a toilet must be fitted with either a holding tank, an IMO sewage treatment plant, a Great Lakes approved marine sanitation device, a USCG type II marine sanitation device, a sewage comminuting and disinfectant system of use within 1NM of shore for smaller vessels except in a designated sewage area or inland waters; or, in the case of smaller vessels <15g.t. not operating in inland waters or designated areas, "a temporary means of storage." This latter includes most of the PEI fleet and temporary means of storage includes porta potties or, even, a covered bucket to be dumped appropriately.

Discharge of Raw Sewage:

Smaller ships cannot discharge raw sewage in inland waters, in designated sewage areas, in other areas within three miles of shore unless it is not practicable to comply with this because the ship is located in waters that are less than six miles from shore to shore, in which case a discharge may be made into the deepest waters that are the farthest from shore while the ship is en route at four knots or the fastest practicable speed in waters during an ebb tide, or into the deepest and fastest moving waters. This only applies, however, if there are no reception facilities available to dump the sewage.

Record Keeping:

This requirement has been removed from the regulations.

Marine Waste Disposal:

Transport Canada is establishing a database on waste reception facilities and it should be complete by the end of June. Shore based facilities fall under Environment Canada. Industry expressed serious concern about availability and service fees. Transport Canada feels that within five years there will be sufficient numbers of shore based facilities.

It is not expected that these regulations will come into force any time prior to mid-2008.

Stability Regulations:

A cost-benefit analysis is still ongoing. Changes to the regulations are expected to be made in the next few months. Comments on the BMT Consultants report (see the TC web site) can be made until July 31, 2007. The next National CMAC will present a new version of proposed stability regulations for review.

Transport Canada is still working on cut offs for length regarding lifesaving equipment, stability, etc. They are in the process of preparing a map to show tonnage to length conversions.

Lifesaving Equipment:

A presentation was made by the Coastal Liferaft Association. It was noted there were 45 sinkings/capsizings in 2006 with 12 fatalities. There are a number of different coastal life rafts, generally with smaller container size, making it more easily accessible and easier to deploy.

Vessel Modification Declaration Form:

Transport Canada has developed a new form out of the sinking of the Cap Rouge II to assess the impact on stability when modifications are made. Forms will seek information on modifications to vessel structure, equipment or gear that add or delete topside weight or to lifting equipment. Inspectors will review the forms at each inspection and recommend possible action.

National Risk Assessment on the Stability Requirements for Small Commercial Fishing Vessels Less Than 24 Meters in Length:

This was a report from the consultants, BMT Fleet Technology prior to their final report. They have not arrived at recommendations on stability issues. Comments will be received until July 31, 2007. The report can be viewed on the CMAC web site.

Update on Fishing Vessel Cost Estimation Project:

The Nova Scotia Boatbuilders Association has been contracted to do a cost work up estimate for each of the five components of the regulations – construction, stability, life saving equipment, fire fighting equipment and maintenance. The NSBA will supply a snapshot of these costs on the existing fleet in implementing the regulations. The final report will be presented at a later date.

Updates From Regional CMAC Working Groups:

Lionel Comeau, TC-Atlantic, reported that as part of the MoU with DFO he participated in integrated management plans for large pelagics. He also participated in a number of fishing industry meetings in PEI, NS, NB and NFLD. Other regions reported much less interaction with industry.

Update on Stability E-Simulator Project:

The CCPFH and the Newfoundland Marine Institute made a presentation on the work they are doing to develop an interactive multimedia tool to explain stability. This toll will be accessible via internet or a DVD for fishers at no charge. Fishers would input the type of vessel they have, input their vessel data and determine stability principles affecting their vessel. Expected to be available in about a year and a half.

East Meets West Stability Education:

FishSafe BC reported that a number of east coast fishers visited the west coast in March to learn about BC’s stability education program for fishers. The participants hope to promote a similar program on the east coast. The BC program received $250,000 over the past five years from WCB which translated in solid cost savings for fishers.

DFO Fisheries Management Policy and Safety At Sea Update:

Bernard Vezina provided an update. DFO has been Tracking Incidents (3 recently); trying to determine if there are linkages between accidents and fisheries management policies. There has been very slow movement on implementing the MoU between DFO and Transport Canada. New replacement rules for vessels in LFA 34 mean a five-foot extension inside or outside the water can be added to the vessel. Vessels >35 can go to 45ft., for 35-65 ft. can go to 65ft, while some can go to 90ft. if they do not cause more pressure on the resource. He noted that Bill C-45 would have linkages with safety at sea, but felt there was only a 10% chance that the bill would see second reading.

OTTAWA, ONT., APRIL 30 – MAY 3, 2007