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 Act Key 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!