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FISHING VESSEL SAFETY REGULATIONSRegulatory Reform Project update

Standing Comity on Fishing Vessel Safety(Quebec Region) - Rimouski - February 2006

Phase 1New Fishing Vessel Safety RegulationsFishing Vessels 0 to 24 metres

Introduction

Fishing Vessels 0 to 24 metres

Construction Standards for Fishing Vessels(includes stability standards)Fishing Vessels 9 to 24 metres

TP 1332 Construction Standards for Small VesselsFishing Vessels less than 9 metres

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Phase 2New Large Fishing Vessel RegulationsConsistent with Torremolinos Protocol

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Held between February 14, 2005 and April 30, 2005

Fishers sessions held in 17 locations throughout Canada:

Fishing Vessel Safety Regulations2005 Consultations

- Maritimes (7) - Newfoundland and Labrador (2)- Quebec (1) - Ontario (1)- Manitoba (2) - Northwest Territories (2)- British Columbia (3)

Attended by over 1600 Industry Personnel

2 meetings held exclusively with Boat-Builders

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g y(Nova Scotia and British Columbia)

Summary posted on the CSA 2001 Regulatory Reform Websitewww.tc.gc.ca/marinesafety/rsqa/csa2001regrefsite/documentlistallprojects.htm

Risk-based methodology for all regulatory requirements.

Flexibility and choice of alternate arrangements. (i.e. use of thermal protection and buoyancy of vessel instead of liferafts in certain groups)

Basic Features of the Regulations

a d buoya cy o esse stead o e a ts ce ta g oups)

Equipment carriage based on risk management principles.(i.e. voyage classifications with more stringent requirements where risk is greater)

“Length” replaces “Tonnage” for cut-offs.

Enforcement will include both Administrative Monetary Penalties and the Contraventions Act.

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Hulls to be marked with maximum permissible operating draft.

Fishing Vessels that engage in other types of commercial activity must first obtain approval from Transport Canada.

Transport Canada to be notified of “major modifications or repairs”.

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Fishing Vessels less than 9 meters must be built according to TP 1332 Construction Standards (Non-Pleasure) and be fitted with Compliance Notices by the manufacturer. (capacity labels for vessels less than 6 metres)

Construction Standards for Small Vessels (TP 1332)

Hull Identification Numbers

Phase 1 - Revisions to TP 1332 will be limited to the minimum necessary to satisfy legal requirements.

• Changes will be limited to re-formatting some of the content (none of the technical requirements will change).

• Some regulatory requirements in the Standards will be inserted into the new

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• Some regulatory requirements in the Standards will be inserted into the new Fishing Vessel Safety Regulations.

Simplified stability requirements for vessels less than 15 metres (except for higher risk cases).

Transport Canada is conducting a risk-based assessment of the

Stability Requirements

proposal, including: • An assessment of criteria which determine whether a vessel <15 metres

must obtain a complete stability test.• Guidelines for interpretation of the stability requirements in the Construction

Standards.• Proposed cut-offs.• Options for existing vessels that do not meet the Standards.

Operator ed cation and a areness iss es

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• Operator education and awareness issues.

Assessment will assist in striking a balance between:• Safety of fishers.• Costs to owners.• Other impacts on industry and community.

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Active and passive fire protection requirements were set out in the proposed Fishing Vessel Construction Standards.

Fire Protection

Comments received through Fishing Vessel Consultations will be considered and used to assist with the harmonization of the Fire Safety Regulations (Part III) for small commercial vessels 12 to 24 metres.

Portable equipment to be set out in the Fishing Vessel Safety Regulations

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Regulations.

Need better communications.

Most fishers believe operations are safe

Concerns Raised During ConsultationGeneral

Most fishers believe operations are safe • there is a common belief that existing vessels should be

exempted or grandfathered.

Regulatory requirements should be linked to established risk.

Phasing-in periods, especially for lifesaving and stability i t

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requirements.

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“Major modification” must be clearly defined.

Concerns Raised During ConsultationDefinitions

“Ice-infested waters”.

If sister vessels can undergo stability testing as a class, then a clear definition of what constitutes a “sister vessel” is essential.

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Clarify “fish in bulk”, “multi-decked vessel”.

Ch 12 t t 15 t

Concerns Raised During ConsultationCut-Offs

Change 12 metres to 15 metres.

Harmonize cut-offs with Canada Shipping Act and Fisheries Act Regulations.

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Provisions for wearing of lifejackets must be clarified.

In gillnet fishing, wearing of lifejackets is dangerous.

Concerns Raised During ConsultationLifesaving Equipment

“Suitcase” style liferafts and/or deep chocks should be acceptable.

Re-boarding device needs to consider climb-over height, not just freeboard.

Group 3 voyages should be extended to 30 or 50 miles to parallel DFO requirements.

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Requirements for Group 3B are too onerous.

Concerns Raised During ConsultationInspections

Concern with inconsistencies between regions and/or inspectors within a single region.

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Stability is not the real issue — overloading and icing are.

Sister vessels to be tested as a group.

Concerns Raised During ConsultationStability

How is existing fleet to be tested?

Existing vessels to be tested according to simplified standard —only go to full stability if the vessel fails.

Liquid cargo as criteria for full stability testing?

Is there sufficient capacity to perform all the required tests?

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Minimum freeboard of 0.4 metres is not realistic.

Structural fire protection and electrical are too onerous.

Flush coamings and hatches should be acceptable on certain types.

Concerns Raised During ConsultationConstruction Standards

Water-tight hatches (etc.) should not be required on an “open vessel”.

Concern about welding and fiberglass certification for repairs and maintenance.Jabsco-type pumps should be acceptable.

Emergency steering should not be required on smaller vessels

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Emergency steering should not be required on smaller vessels.

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2005 Winter / Spring consultations complete.

Provided valuable feedback.

Status

Complete risk assessment of stability requirements.

Complete drafting instructions for new Fishing Vessel Safety Regulations.

Review electrical and fire safety requirements.

Review and finalize the new Fishing Vessel Construction Standards.

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Revise TP 1332 with the “surgical” amendments necessary to maintain its legality.

• Comments/Questions

Send them to;

– Kevin MonahanA/Project Manger/Gestionnaire de projets, int.Regulatory and Quality Assurance / Services de réglementation et assurance de la qualitéMARINE SAFETY / SÉCURITÉ MARITIME (AMSX)Transport Canada / Transports CanadaPlace de Ville Tower/tour C, Floor 11 étage330 SparksOttawa ON CANADA K1A 0N5(613) 998-8207 Fax/télécopieur (613) 991-5670Courriel / Email : monahak@tc.gc.ca

Guy Anderson

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– Guy AndersonInspecteur de navire, Sécurité maritime / Nautical examiner, Marine SafetyTransports Canada / Transport Canada (NM-RIM)180, de la CathédraleRimouski (QC), G5L 5H9Tél. / Phone: (418) 722.3040 ou 1.800.427.4417Téléc. / Fax: (418) 722.3332Courriel / Email :andergu@tc.gc.ca