TSB Recommendation M00-06

The Minister agrees with the recommendation. Although the watertight integrity of hatch covers is already addressed in the Small Fishing Vessel Inspection Regulations, Subsection 23(2) (Chapter 1486), Transport Canada, Marine Safety is aware of problems concerning the watertight integrity of hatch covers on small fishing vessels. Small fishing vessels are subject to inspections by Transport Canada every four years. Since the Brier Mist accident, the department has conducted targeted inspections on certified small fishing vessels to ensure, among other things, that all openings on deck are adequately protected. These targeted inspections are conducted at randomly selected ports and complement the department's existing inspection program.

The Standing Committee on Fishing Vessel Safety will continue to review all existing regulations, standards and guidelines concerning fishing vessels with the objective of improving marine safety and will take into consideration the watertight integrity of these vessels. The Standing Committee at its inaugural meeting in May 2001, discussed the practicality of high level water alarms.

Transport Canada has also issued several Ship Safety Bulletins addressing this issue, including SSB#06/98 "Responsibilities of Shipowners and Masters Respecting Maintenance of Weathertight Integrity of their Vessels."

The response indicated agreement with the recommendation. It states that Transport Canada, Marine Safety is aware of problems concerning watertight integrity, and although the subject is addressed in the Small Fishing Vessel Inspection Regulations (Subsection 23) and that such vessels are inspected every four years, the Department has conducted target inspections to ensure, among other items, that deck openings are adequately protected. Furthermore, a Standing Committee on Fishing Vessel Safety, established in November, 2000, is reviewing all existing regulations, standards and guidelines concerning fishing vessels and will take watertight integrity aspects into account. In May, 1999, following the Brier Mist sinking, a Steering Committee was established which reported to the newly formed Standing Committee at the May, 2001 CMAC meeting. The review is expected to be completed before the November, 2001 CMAC meeting. Several previously issued Ship Safety Bulletins also refer.

On previous occasions, subsequent to the sinking of the large fishing vessels "NADINE" and "CAPE ASPY" (TSB reports M90L3034 and M93M4004), the Board recommended that the Department of Transport develop and implement measures to ensure that owners, operators and masters of vessels ... have effective training and procedures for securing all exterior and interior openings sufficient to preserve watertight integrity ...(M93-01 issued March 1993). The response indicated that the subject would be again brought to the attention of the industry by intensifying officer examinations and SSBs were also issued/re-issued. There is still no indication however that effective relevant training and procedures have been actioned.

It is expected that the Standing Committee review will address the abovementioned aspects and the comprehensive intent of the recommendation will be addressed as a result.

The staff therefore considers that the Department of Transport and the fishing industry has the intention to help ensure that watertight integrity of small fishing vessel hatch covers is effected and thus considers the response Satisfactory Intent.

The watertight integrity of hatch covers is addressed in the Small Fishing Vessel Inspection Regulations. TC is aware of the problem concerning the watertight integrity of hatch covers on small fishing vessels. Targeted inspections are now carried out on certified vessels to ensure, among other things, that all openings on fishing vessels decks are adequately protected. TC has issued Ship Safety Bulletins addressing this issue. The SSB had minimal distribution and the action taken does not address uninspected fishing vessels.

The response is considered Satisfactory in Part.

The watertight integrity of hatch covers is addressed in the Small Fishing Vessel Inspection Regulations. TC is aware of the problem concerning the watertight integrity of hatch covers on small fishing vessels. Targeted inspections are now carried out on certified vessels to ensure, among other things, that all openings on fishing vessels decks are adequately protected. TC has issued Ship Safety Bulletins addressing this issue. Although TC considers this recommendation closed, the SSB had minimal distribution and the action taken does not address uninspected fishing vessels.

At present fishing vessels 15 gross tons and less are not subject to mandatory periodic inspections. A new compliance regime, the Small Fishing Vessel Monitoring and Inspection Program is being proposed for all small fishing vessels. The proposed program will make use of random inspections and promote self monitoring. If fully implemented, the proposed action will substantially reduce the risks associated with non-watertight hatch covers on board uninspected.

The response is considered Satisfactory Intent.

TC's update, dated November 2006, provided information to address the safety deficiency associated with recommendation M00-06.

The Small Fishing Vessel Monitoring and Inspection Program being proposed for all small fishing vessels will make use of random inspections and promote self-monitoring. If fully implemented, the proposed action will substantially reduce the risks associated with non-watertight hatch covers.

Therefore, the assessment remains Satisfactory Intent.

TC's update, dated June 2008, indicated that work is ongoing on a revised inspection regime for small fishing vessels as part of the proposed Fishing Vessel Safety Regulations. (Follow-up information indicated that the regulations are expected to be pre-published in Part I of the Canada Gazette in the fall/winter 2009/2010.) Once the new regulations come into force, the revised inspection regime will be implemented.

SSB 12/2007 was issued regarding adequacy of single cross-bar type hatch covers.

TC is currently reviewing an industry proposal that consideration be given to authorizing qualified boat builders to inspect on behalf of TC as an alternative delivery channel for inspection services.

It is anticipated that the revised inspection regime being proposed for all small fishing vessels will make use of random inspections and promote self-monitoring. If fully implemented, the proposed action will substantially reduce the risks associated with unserviced liferafts on board uninspected fishing vessels.

Therefore, the assessment of the response remains Satisfactory Intent.

TC's update, dated March 2010, indicated that work is ongoing on a revised inspection regime for small fishing vessels. TC is reviewing an industry proposal that consideration be given to authorizing qualified boat builders to inspect on behalf of TC as an alternative delivery channel for inspection services.

It is anticipated that the revised inspection regime being proposed for all small fishing vessels will make use of random inspections and promote self-monitoring. Furthermore, an industry proposal that qualified boat builders inspect on behalf of TC is being considered; however, it is not known if such inspections will be limited to first inspections (i.e. prior to the vessel coming into service).

Therefore, the assessment of the response remains Satisfactory Intent.

TC's update dated December 2010 indicated that work continues to develop tools for Canada's small fishing vessel population that consolidate regulatory requirements by vessel type and includes guidance notes and checklists for fishermen. This is intended to raise awareness of regulatory requirements among small fishing vessel owners, as well as encourage them to continuously assess and maintain their vessel's compliance. TC is also working on establishing a risk-based monitoring and inspection regime for small vessels, which allows TC to focus its inspection resources on vessels that require the most support to meet their regulatory requirements. Consultations have begun with the fishing industry to determine if this approach can be adapted to meet the needs of small fishing vessels.

TC has undertaken a pilot project, in collaboration with the Council of Marine Carriers, to test safety management system implementation in the Canadian domestic fleet. Results from this pilot project will be used to aid in the adoption of safety management throughout the Canadian domestic fleet. A three-tier approach is being proposed for safety management of domestic vessels based on their size, type and/or number of passengers. Tier 3 of this program is for fishing vessels of all sizes to have on board a guide to operational safety.

It is anticipated that the revised inspection regime being proposed for all small fishing vessels will make use of random inspections and promote self-monitoring. Furthermore, an industry proposal that qualified boat builders inspect on behalf of TC is being considered. If fully implemented, the proposed actions will substantially reduce or eliminate the deficiency therefore, the assessment of the response remains as Satisfactory Intent.

Transport Canada continues to work on this recommendation by increasing the attention of TC Inspectors and that of owners on small fishing vessel hatch covers. Inspectors are instructed to focus on watertight hatches during their National Training Program's for Marine Safety Inspectors. Transport Canada is developing tools for small fishing vessel owners to:

• raise awareness of regulatory requirements, including requirements for fishing vessel hatch covers, and
• encourage owners to continuously assess and maintain their vessel's compliance

These initiatives help to ensure that hatch covers are watertight and remain watertight. TC Inspectors and vessel owners must work together to ensure that fishing vessel hatches can be effectively secured every time a fishing vessel puts to sea. There continues to be fishing vessel capsizings, swampings and sinkings where down flooding through unsecured hatches is found to be causal.

As a result, the assessment of the response to this recommendation remains Satisfactory Intent.