TSB Recommendation M23-08

The Department agrees with the TSB’s recommendation that hazard identification should be included in resource management decisions. DFO, however, would like to highlight the following considerations already in place that contribute to a comprehensive identification of hazards prior to taking resource management decisions.

• Though some fisheries are managed nationally, most are managed regionally, with the decision to open or to delay the opening of a fishery being made by the Regional Director General for that specific region. A fishery is only opened once DFO deems all safety considerations are met and justify it, and by only utilizing the most recent information available that supports a safe opening of the fishery.
• In particular, prior to making a decision on opening a fishery: ice conditions, search and rescue readiness, navigation buoys, weather, harbour dredging, tide and current information, amongst others, are considered. These factors are specific to each regions, the time of year and differ by fishery and fishing area.
• Dates for fishery openings/closings are communicated by variation orders, published on the DFO website, e-mailed to relevant fishery advisory committee representatives and communicated via Fishery Notices as well as broadcasted on radio.
  • A variation order is a standard fisheries management tool and legal instrument to modify, on a temporary or seasonal basis, the regulations governing fishing activities. Under the Fisheries Act, variation orders allow for rapid adjustments to fishing operations and is fundamental to safety in fisheries.
• Fishery Advisory Committees are advisory bodies for specific fisheries that are comprised of relevant stakeholders including industry, other government organizations and Indigenous partners. The stakeholders discuss fisheries related issues such as safety concerns so they can be best informed on the risks of fishing.
  • In Pacific Region, representatives from the harbour authority and BC Ferries added language to fishery notices to be mindful around vessel traffic. 
  • In Maritimes Region, Safety at Sea is a common agenda item under its Standard Operating Procedures for fisheries resource management. This is where harvesters and government discuss perspectives and identify potential hazards for the upcoming fishery season. Also, some fisheries have different management regimes, such as quota based systems that support safer operations by enabling longer fishing time to catch the allocated quota.

DFO has increased Transport Canada (TC) participation in Fishery Advisory Committees, especially in Atlantic Canada and Québec prior to fishery openings. TC marine safety inspectors have made presentations on the importance of vessel stability, registration and safety. TC has acknowledged this increased participation on these committees and is pleased with the results. They are addressing concerns raised, especially concerning vessel stability.

DFO and TC have also jointly prepared communication and outreach materials focusing on Safety at Sea that can be distributed to harvesters for snow crab and lobster fisheries prior to opening dates, with a focus on vessel stability, highlighting the importance on the safe loading of traps and carrying capacity. Another example of a new practice that has been adopted can be found in the Gulf Region where the decision was made not to open fisheries at midnight, but to wait until first light or early morning. Efforts are also made to open all the Southern Gulf of St. Lawrence crab fisheries at the same time to help facilitate search and rescue, and air support.

Safety at Sea aspects were already present in some regional Integrated Fisheries Management Plans (IFMPs). Either in standalone sections or integrated throughout the IFMP, additional information dedicated to hazard identification, mitigation and fishing vessel safety are made available to fishers. However, changes are being made to better inform fisher about Safety at Sea.

• The Newfoundland and Labrador Region has updated its Safety at Sea section in its IFMPs with input from TC. This updated section will be included in the IFMPs for all fisheries in that region. The section touches on responsibilities, vessel registration, vessel condition, stability, emergency preparedness, safety equipment and weather. Safety at Sea will also have a standalone web page which is to be accessed by harvesters through a link in the Conservation Harvesting Plan.

IFMPs are already being utilized to communicate Safety at Sea issues, but there is currently no national standard across regions where Safety at Sea has a dedicated and standalone section. A new IFMP template is being designed to have a dedicated and exclusive Safety at Sea section that will be uniform across all regions. The idea is to bring a consistency across regions to highlight the importance of Safety at Sea in fisheries resource management decision making. It will also reserve a specific section to further identify hazards associated with harvesting as it differs depending on the stock being harvested. Work is underway, but there is no timeline as it is ongoing. 

DFO will also continue to include safety at sea, best practices, identification of hazards and mitigations into fisheries resource management decision-making. Decisions around extensions, date changes due to weather or other factors will be made in consultation with industry and other partners where deemed appropriate.

DFO does not plan to have any actions to be voluntary in nature. The actions that have and will be implemented will be embedded in decision-making processes, such as the IFMPs. DFO does actively participate in championing Safety at Sea initiatives that are currently ongoing either through industry or other organizations. It works with partners, like the Professional Fish Harvesters Certification Board in Newfoundland and Labrador, on the importance of Personal Locator Beacons (PLB) through its PLB campaign. DFO also highlights TC’s Small Vessel Compliance Program, a voluntary program that helps small fishing vessel owners in compliance with existing TC regulations.

Safety at sea is a shared responsibility. Working together to avoid Safety at Sea risks and prepare for the unexpected saves lives. DFO provides access to pertinent information on Safety at Sea through its dedicated Safety at Sea website, notices to fish harvesters and through its multiple advisory committees for fisheries.

Vessel owners are responsible for safe operation of their vessel and safety of crew and DFO has provided a variety of resources, including best practices, and updates and discussions with industry happen on a regular basis, so vessel owners can make decisions regarding safety and risk tolerance as a safety and business decision.

The Department of Fisheries and Oceans (DFO) has described a number of practices, already in place, that contribute to a comprehensive identification of hazards before taking resource management decisions. DFO has also invited increased participation from Transport Canada (TC) in fishery advisory committees, which provides independent safety expertise and facilitates the sharing of safety information. Joint communications from DFO and TC to the fishing industry is a new measure that may increase awareness of safety information. Integration of vessel safety information into regional integrated fisheries management plans (IFMPs) is being undertaken, with a plan to develop a national template to ensure that information about hazards is included in the decision-making process. Finally, DFO has indicated that decisions around extensions, date changes due to weather or other factors will be made in consultation with industry and other partners where deemed appropriate.

The Board notes that DFO’s response describes a combination of important initiatives, including collaborating with TC in support of a more government-wide approach to vessel safety. Embedding vessel safety in the decision-making process will ensure that risks to fish harvesters are considered when resource management decisions are being made. Outreach initiatives and working with partners on raising awareness of safety tools, such as personal locator beacons will continue to raise awareness of the shared responsibility for safety at sea. 

The Board looks forward to reviewing DFO’s national template for IFMPs and its continued work to embed vessel safety considerations and independent safety expertise in fisheries resource management decisions across its regions. 

Therefore, the Board considers DFO’s response to show Satisfactory Intent.