TSB Recommendation M16-01

Transport Canada agrees in principle with the recommendation. All new and existing large fishing vessels are required to have adequate stability information as is outlined below and must update it when the information changes. The standard practice for stability places the accountability on the master who is trained on stability issues to provide direction to the crew. Given the TSB's input, Transport Canada will consult with the large fishing vessel industry regarding the feasibility of requiring a stability notice or other means to make stability information more readily available to the crew. Consultations related to Fishing Vessel Regulations Phase 3, which will implement the IMO Cape Town Agreement, will provide a good opportunity to do this.

For the fishing vessel Caledonian, there was a discrepancy between the vessel's stability information and the actual operations and configuration of the vessel (lightship weight increase, tanks, net drum and trawl configuration changes and reduced freeboard). This may have been avoided had the requirements of the Large Fishing Vessel Inspections Regulations (LFVIR) and the recommendation in Ship Safety Bulletin (SSB) 01/2008 Fishing Vessel Safety: Record of Modifications, been followed by the vessel's authorized representative (AR).

Therefore, to remind vessel operators of their responsibilities, increase awareness, and foster compliance, TC will review and reissue SSB 01/2008. This bulletin will be updated and include emphasis on the importance of having accurate stability information and operational procedures. The revised bulletin will be re-issued in spring 2018.

New requirements, as well as potential changes to look and feel of stability information, will be considered for inclusion in the LFVIR to address this issue. This will be undertaken as part of the phased approach to changes to the regulations governing fishing vessels. Phase 1 is complete. Phase 2 (addressing construction requirements for small fishing vessels) is underway. Phase 3 (safety requirements for large fishing vessels) will begin once phase 2 is complete and will introduce the International Maritime Organization (IMO) Cape Town Agreement of 2012. In this context, TC will consider the mandatory requirement for a stability notice for large fishing vessels.

During any inspection conducted in accordance with requirements of the LFVIR, an inspector may review the vessel's stability information and require Authorized Representatives (AR) to comply with any observed nonconformities. Therefore:

• TC, when providing instructional information to inspectors/surveyors as part of its training program, will place renewed emphasis on this aspect of vessel inspection.
• In addition, a Flagstatenet instruction to inspectors/surveyors will be issued regarding the review of the Fishing Vessel Modification History (as detailed in SSB 01/2008) as part of the TC procedure for inspecting and monitoring fishing vessels. The Flagstatenet will be sent before the start of the next fishing season in spring 2018.

Transport Canada indicates that it agrees in principle with this recommendation. The TSB notes TC's proposed actions to consider requiring mandatory stability notices, to improve the look and feel of stability information, to reissue SSB 01/2008, and to renew emphasis on stability booklets during inspections.

If TC's actions collectively ensure that fishermen have access to stability information that is current and continually updated to reflect any changes to the vessel and/or its operations, and this information provides user-friendly safe operating limits (stability notices) to crew, then the identified safety issues will be addressed.

However, consultations between TC and the large fishing vessel industry have not yet begun regarding the feasibility of requiring a stability notice or other means to make stability information more readily available to crew and, therefore, the Board considers the response to the recommendation to show Satisfactory Intent.

Transport Canada (TC) agrees in principle with the recommendation. TC has revised Ship Safety Bulletin (SSB) 01/2008 – "Fishing Vessel Safety: Record of Modifications." This bulletin now includes emphasis on the importance of having accurate stability information and up-to-date operational procedures when modifications to the vessel are made as well as emphasis on obtaining stability notices. Accordingly the risk will be reduced as more owners of fishing vessels obtain stability notices for their vessels.

The bulletin is in the final publication phase and is expected to be made available in winter 2019.

A FlagState.net instruction to inspectors/surveyors will be issued following the publication of the SSB regarding the new Fishing Vessel Record of Modifications Affecting Stability form (detailed in the revised SSB 01/2008) as part of the TC procedure for inspecting and monitoring fishing vessels.

TC is currently reviewing its inspector training program. Once complete, TC will place renewed emphasis on this aspect of vessel inspection when providing instructional information to inspectors/surveyors.

New requirements, as well as potential changes to presentation requirements for stability information, will be considered as part of work on the Fishing Vessel Safety Regulations Phase 3 amendments for the Large Fishing Vessel Inspections Regulations in order to further address this issue.

TC has updated its fishing vessel safety webpages to provide information on how to obtain Stability Notice templates, which have been developed in an easy-to-use format. Samples of Stability Notices, including guidelines on how to complete the templates, have also been made available: https://www.tc.gc.ca/eng/marinesafety/how-obtain-stability-notice-templates-instructions.html

The Board notes that Transport Canada (TC) has updated its website to include stability notice templates and guidelines for how to complete them. The Board also notes TC's proposed actions to consider requiring mandatory stability notices, to improve the look and feel of stability information, and to renew emphasis on stability booklets during inspections in the winter of 2019. Since TC's response, it has issued SSB 03/2019 to replace SSB 01/2008.

However, the Board is concerned that use of the stability notice templates and the Fishing Vessel Safety: Record of Modifications form is voluntary. Voluntary use of these forms may not be sufficient to reduce the risk that stability information is inadequate and not presented in a manner and format that enables it to be clearly understood and easily accessible to crew while working onboard.

Consultations between TC and the large fishing vessel industry are not scheduled to begin until after Phase 2 of the new Fishing Vessel Safety Regulations work is complete. TC indicates that Phase 2 work is ongoing and targeted for pre-publication in the Canada Gazette, Part I, in June 2020.

The Board considers the response to the recommendation to be Satisfactory in Part.

Transport Canada (TC) agrees with the recommendation. At present, the Large Fishing Vessel Inspections Regulations do not include requirements for Stability Notices and Records of Modifications, therefore TC is only able to recommend their use on a voluntary basis. New requirements, as well as potential changes to presentation requirements for stability information, will be considered under Phase 3 of the Fishing Vessel Safety Regulations and in amendments to the Large Fishing Vessel Inspections Regulations in order to further address this issue. Phase 3 will begin following the completion of Phase 2, which is planned before the end of 2021.

The Board notes that Transport Canada (TC) has issued Ship Safety Bulletin (SSB) 03/2019, which is applicable to fishing vessels that are not more than 24.4 m in length and not more than 150 gross tonnage and highlights relevant sections of the Fishing Vessel Safety Regulations (FVSR). However, because new requirements and potential changes to the presentation requirements for stability information will only be considered in Phase 3 of theFVSR and in amendments to the Large Fishing Vessel Inspection Regulations (LFVIR), the obligations outlined in the SSB are not enforceable at present. TC can only recommend that all large fishing vessels have a stability notice in place for the safety of the vessel and crew.

Consultations between TC and the large fishing vessel industry are not scheduled to begin until after Phase 2 of the new Fishing Vessel Safety Regulations work is complete. TC indicates that Phase 2 work is ongoing and is targeted for pre-publication in the Canada Gazette, Part I, in June 2020. Phase 3 of the FVSR and amendments to the LFVIR will begin following the completion of Phase 2, planned before the end of 2021.

The Board considers the response to the recommendation to be Satisfactory in Part.

Transport Canada agrees with this recommendation. Currently, the Large Fishing Vessel Inspection Regulations (LFVIR) do not include requirements for Stability Notices and Records of Modifications, therefore the department is only able to recommend their use on a voluntary basis. New requirements, as well as potential changes to presentation requirements for stability information, will be considered under Phase 3 of the Fishing Vessel Safety Regulations and in amendments to the Large Fishing Vessel Inspection Regulations in order to further address this issue. Work on Phase 3 will begin following the completion of Phase 2. Phase 2 of the Fishing Vessel Safety Regulations is targeted for pre-publication in the Canada Gazette, Part I, in early 2022.

The Board notes that the new requirements and potential changes to presentation requirements for stability information will be considered under Phase 3 of the Fishing Vessel Safety Regulations (FVSR) and in amendments to the Large Fishing Vessel Inspection Regulations (LFVIR). Phase 3 of the FVSR and amendments to the LFVIR will begin following the completion of Phase 2, which is targeted for pre-publication in the Canada Gazette, Part I, in early 2022. The Board is concerned that progress on this recommendation will not begin for several years. While TC agrees with the recommendation, delays continue, including the repeated delays to the publication schedule and the lack of a target date for completion of Phase 3 of the FVSR. Large fishing vessel crews still do not have easily understandable, accessible, and up-to-date stability information, that can be adapted to the operations at hand and that will help ensure their day-to-day operations are conducted safely.

As an interim measure, the Board acknowledges that TC has issued Ship Safety Bulletin (SSB) 03/2019, which highlights requirements in the FVSR for small fishing vessels to prepare and post stability notices, and recommends voluntary adoption by all fishing vessels regardless of length or tonnage. However, because new requirements and potential changes to the requirements for the presentation of stability information will only be considered in Phase 3 of theFVSR and in amendments to the LFVIR, the obligations outlined in the SSB are not enforceable at present.

The Board considers the response to Recommendation M16-01 to be Satisfactory in Part.

Transport Canada agrees with this recommendation. Currently, the Large Fishing Vessel Inspection Regulations (LFVIR) do not include requirements for Stability Notices and Records of Modifications, therefore the department is only able to recommend their use on a voluntary basis. New requirements for large fishing vessels, as well as potential changes to presentation requirements for stability information, will be considered under Phase 3 of the Fishing Vessel Safety Regulations and in amendments to the Large Fishing Vessel Inspection Regulations in order to further address this issue. Work on Phase 3 will begin following the completion of Phase 2. Phase 2 of the Fishing Vessel Safety Regulations is targeted for pre-publication in the Canada Gazette, Part I, in late 2022/early 2023, with Canada Gazette publication in late 2023.

The Board notes that the new requirements and potential changes to presentation requirements for stability information will be considered under Phase 3 of the Fishing Vessel Safety Regulations (FVSR) and in amendments to the Large Fishing Vessel Inspection Regulations (LFVIR). Transport Canada (TC) indicates that work on Phase 3 will begin after the completion of Phase 2, which is now targeted for publication in the Canada Gazette, Part II, in late 2023.

The Board also notes that, although mandatory provisions of adequate and readily available stability information will be considered under Phase 3 of the FVSR development, TC has encouraged all fishing vessels, regardless of size, to adopt the requirements in Ship Safety Bulletin 03/2019. However, the success of encouraging voluntary compliance with these requirements in an effort to mitigate the underlying safety deficiency is unknown.

The Board considers the response to Recommendation M16-01 to be Satisfactory in Part.

As noted, Phase 3 of the Fishing Vessel Safety Regulations (FVSR), targeted to approximately 125 registered large fishing vessels (more than 24.4m or 150 GT) will begin once Phase 2, targeted to approximately 20,000 registered small fishing vessels, is complete. Phase 3 will introduce a new regulatory framework for large fishing vessels that will align, where possible, with the Cape Town Agreement (CTA) including specific references to stability as outlined in Part B, Chapter 2, Section 2.1 of the International Code on Intact Stability, 2008 (2008 IS CODE), adopted by the Maritime Safety Committee of the International Maritime Organization (IMO) by resolution MSC.267(85) and the Code of practice concerning the accuracy of stability information for fishing vessels, adopted by IMO by resolution MSC.267(85).^{Footnote 1}

Transport Canada notes that inspection provisions for fishing vessels are included in the revised Canadian Vessel Plan Approval and Inspection Standard (TP 15456) released in October 2022. These provisions cover verification of vessels requiring a stability assessment to have a copy of the stability booklet on board, to post the stability notice in a conspicuous location, and to meet the requirements of FVSR Part 0.1 Division 3, Sections 3.51 and 3.52.

Transport Canada continues to encourage voluntary compliance with Ship Safety Bulletin 03/2019 through its ongoing linkages and partnerships with industry and the Department of Fisheries and Oceans and Canadian Coast Guard.

Transport Canada’s (TC) response indicates that work on Phase 3 of the Fishing Vessel Safety Regulations (FVSR) will begin after the completion of Phase 2, which is still targeted for publication in the Canada Gazette, Part II, in Fall 2023. Phase 3, which will address large fishing vessels, will be aligned with the Cape Town Agreement (CTA) and the International Code on Intact Stability, 2008 (2008 IS CODE). TC also highlights its publication of the Canadian Vessel Plan Approval and Inspection Standard - TP 15456 in October 2022. The department also notes that it continues to encourage vessel owners to comply with Ship Safety Bulletin (SSB) 03/2019.

The Board notes that Phase 3 of the FVSR will consider the requirements for stability notices on large fishing vessels. However, there have been delays to the publication schedule for Phase 2 of the FVSR and there continues to be a lack of a target date for completion of Phase 3. In addition, although TC has implemented guidance for inspectors in TP 15456, it does not expand requirements that would help mitigate the underlying safety deficiency. The Board is encouraged that TC continues to promote voluntary adoption of adequate and readily available stability information through SSB 03/2019, however the rate of voluntary compliance with these requirements is unknown.

The Board considers the response to Recommendation M16-01 to be Satisfactory in Part.