REPORT OF THE STANDING COMMITTEE ON FISHING VESSEL SAFETY

REPORT OF THE STANDING COMMITTEE ON FISHING VESSEL SAFETY The meeting of the Standing Committee on Fishing Vessel Safety took place on Thursday, April 21, 2016. The meeting was co-chaired by Ian Campbell, Marine Safety and Security, Transport Canada (TC), and Mark Dolomount, Newfoundland and Labrador Professional Fish Harvesters Certification Board. 1. OPENING REMARKS AND ANNOUNCEMENTS Ian Campbell opened the meeting and first thanked everyone that was present at this committee. He stated that, as announced at the last session, he was replacing Ms. Julie Gascon as co-chair of this Standing Committee. Mark Dolomount, the Industry cochair, encouraged participants to be as engaged as possible throughout the meeting and to stay until the end of the day, if possible. 2. ADOPTION OF AGENDA With the following changes, the agenda was adopted: An early election of the industry co-chair was added as an item. Due to conflicting priorities, the current industry co-chair announced he had to step down from his current position. Item 9 (Overview/Update on the Boating Safety Contribution Program Commercial Fishing Safety) was moved to the morning due to the availabilities of the speakers. The presentation under item 8 (Government updates) entitled Update on the status of the Vessel Pollution and Dangerous Chemicals Regulations was delivered by M. Naim Nazha. A new presentation was added under item 8, where Transport Canada provided an update on the Marine Technical Review Board. Under item 4 (Industry Updates), other industry updates were added (such as an update from the Nova Scotia Fisheries Sector Council and the Newfoundland Fish Harvesting Safety Association). 3.INDUSTRY CO-CHAIR REPORT The industry co-chair stated that a lot has occurred since the last CMAC election campaign, change in government, political climate, budgetary constraints, etc. He stated that industry must ensure that there are two CMACs per year and that both this Standing Committee and its associated Working Group are kept on the agenda for the

upcoming years to come (as the department announced that going forward, there would be one CMAC per year). He also discussed the progress made on the Fishing Vessel Safety Regulations and how the Canadian Independent Fish Harvesters Federation (CIFHF) partnered with TC on the development of the guidelines that will support this project, and that the next steps include promoting regulatory compliance. Furthermore, he discussed briefly both the Marine Personnel Regulations and the Vessel Pollution and Dangerous Chemicals Regulations. Finally, he announced that he would step down as industry co-chair, but that he would continue to enhance fishing vessel safety by actively participating in provincial initiatives. He thanked everyone for their support. Ian thanked Mark for his leadership, all of his efforts over the years of his consecutive terms, and the significant collaboration and progress that took place during that time. 4. CALL FOR NOMINEES FOR POSITION OF INDUSTRY CO-CHAIR The process was discussed and agreed that of the group present, only industry stakeholders would participate. The sitting industry co-chair invited participants to nominate potential candidates. Leonard Leblanc declared they would like to nominate Melanie Sonnenberg of the Eastern Fishermen s Federation. She accepted the nomination. The nomination was seconded by Lisa Fitzgerald of the Nova Scotia Fisheries Sector Council. There were no other nominations and there were no objections from the group. She was congratulated by both co-chairs. The TC co-chair again thanked the industry co-chair for all of his hard work, and emphasized that his engagement was very much appreciated by all. 5. INDUSTRY UPDATES The Marine Institute provided an update on the online delivery of their fishing master course. Since the pilot was launched in 2010, the program experienced exponential growth (growth of 12 students in the pilot project to 200 online course registrations in 2016). The program uses an educational management system platform that provides the Institute with a wide array of data about students, which helps instructors offer personalized services to each participant. The benefits of this program include that it allows adults to go back to school, allows students to complete modules at their own rate, and is better for the environment (the courses can be done at home thereby reducing carbon emissions of travelling on-site). The Marine Institute will expand its course selection shortly to include communication and commercial courses. A question was raised on the prices for the classes and how much support is offered to students. The Marine Institute responded that the courses are between $250-$700 (depending on the type of course), and that when students register, they obtain access to an instructor to help them throughout their training. Comments

received included that this program is well received by industry as it is an economical option, it is very accessible, and it is able to retain both young and adult learners. It was suggested that this update be presented at the next Marine Personnel Regulations Working Group CMAC session. The Eastern Fishermen Federation provided an update on their work in small communities in the Atlantic region, such as in the Bay of Fundy and the south shore of New Brunswick. For example, they contacted companies that develop safety equipment and organized meetings with captains in order to provide them with demonstrations of relevant safety equipment products. They have also developed new letters and organized outreach sessions on the wharf with fishing vessel owners. The Nova Scotia Safe at Sea Alliance provided an update on their initiatives. Their five year action plan, Fishing Vessel Safety Now, launched in June 2015, was designed in collaboration with the Nova Scotia Workers Compensation Board and the Nova Scotia Department of Labor. Over a 12 to 18 month period, they researched what issues were related to fishing vessel safety and provided recommendations. They are currently coleading the plan with 10 other working groups. They presented a video that demonstrates their work. Finally, they discussed their Are You Ready Program, which involves safety demonstrations on fishing vessels (e.g., scenarios of man overboard). Since 2012, they have done more than 70 drills, and they plan on doing additional ones in the upcoming years. The Newfoundland and Labrador Fish Harvesting Safety Association also provided an update on their work. In the last two years, they have had 90 community meetings, with a total of 1,400 fish harvesters attending sessions. Topics discussed included PFD campaign, hearing loss, stability, descriptions of training available at the Marine Institute, safety alerts, and weather impacts. On this last point, they partnered with Memorial University to evaluate the impact of the weather on the fishing industry, and whether there are enough points of refuge in emergency situations in the NFL region. They have also taken the initiative to encourage enterprises to have a safety advocate on their vessel. By the end of 2016, they anticipate that there will be at least one advocate on all fishing vessels in their region that will be available to provide information and improve safety practices on board. 6. REGIONAL CMAC FISHING VESSEL SAFETY WORKING GROUP UPDATES No updates were given on this item. Ian Campbell noted that due to cancelation of last CMAC and Departmental restraint measures there had been no activities to report. 7. NATIONAL CMAC UPDATES TC provided an update on the other working groups that met during the 2016 Spring CMAC. For example, the Navigational Safety Regulations Working

Group met on Wednesday morning, where a productive discussion occurred with respect to expanding the carriage of EPIRBs. It was agreed that consultations by the responsible TC group would continue after CMAC with stakeholders to consider alternatives for smaller vessels. A comment was made that while there is a need to have a means of two-way communication on board, there needs to be government offices that receive these messages. The use of cell phones was also mentioned. It was proposed that there by an item on the report from the Navigational Safety Working Group at the next CMAC to ensure fishing vessel owners are aware of their work. 8. OVERVIEW/UPDATE ON THE BOATING SAFETY CONTRIBUTION PROGRAM COMMERCIAL FISHING SAFETY (ALAIN PAQUET, TC) Transport Canada provided an overview of the Boating Safety Contribution Program, and introduced the new commercial fishing safety component. In short, the purpose of this program is to increase the number of small vessel operators that follow safe boating practices and contribute to the reduction in loss of life, injuries and property damage due to boating accidents. They provided an overview of the eligible recipients, expenditures, and nature of the programs that could be put forward. $300K every year, for a period of three years was made available for the fishing safety component, and a call for proposals for projects was issued on April 29, 2015 (eleven proposals were received). A selection Committee comprised of TC subject-matter specialists reviewed the proposals against pre-determined selection criteria in June 2015. The assessment process was explained in detail. A news release was issued on January 27, 2016 to announce the chosen recipient. Several concerns and questions were raised following the presentation. One stakeholder suggested that more feedback be given to participants that apply for the program (during and after the selection process). Another stakeholder asked a question on the performance measurement strategy for this program. Transport Canada stated that part of the contribution agreement is that the chosen application must report on a regular basis on specific indicators (and that these indicators could be made public if requested). Stakeholders also commented that the application period was very short and that some of them were not contacted as to when the application period would begin. Transport Canada responded that while they used the CMAC distribution list and social media to ensure all stakeholders were aware of this new pilot project, it will take note of this comment and try to find solutions for future projects. Other comments included that it was surprising that only one applicant was successful, and that it was not clear that the program needed to be national in scope. TC responded that it was the only applicant that fulfilled all of the criteria, and that the limited amount of funding would not have allowed applicants the ability to complete the

project if they only got part of the funding. This presentation was cut short and continued following the government update on the registration process for small fishing vessels due to the availability of the presenter. 9. GOVERNMENT UPDATES Registration process for small fishing vessels (Linda Grey, TC) Transport Canada provided an update on the vessel registration process. It was explained that a Certificate of Registry is issued by Transport Canada for commercial vessels allowing owners to operate the vessel commercially, while the owner also requires a commercial fishing license issued by Fisheries and Oceans Canada, which allows them to fish commercially. The TC registration process was explained and helpful links and contact information were provided. Several questions were asked, such as how many fishing vessels are registered at TC. TC answered that there are 3,000 vessels less than 15 gross tons registered, while there are 10,000 large vessels registered. Further, it was requested that a one-pager describing the TC registration process be given to fishing safety associations they would distribute them to fishing vessel owners in the regions, which could increase compliance. One stakeholder suggested that TC comes to the regions and bring equipment to be able to register participants to further raise awareness TC responded that it will take this proposal into consideration. The TC DFO MOU could also be used to help disseminate the information using DFO data. The overview of the boating safety contribution program presentation was continued, where FishSafe BC provided an overview of their initiative. FishSafe BC explained that they will continue the delivery of their Safest Catch Program, and that they started outreach sessions on the East Coast in January 2016 with fishermen, fishing association representatives, safety associations, and unions. They provided a brief overview of their program, the funding that is available, and made a call for proposals to receive funding. Some of the criteria for acceptance include sustainability (i.e., the program must be able to continue beyond March 2018), and that the training be practical and based on the vessel (as opposed to a classroom setting). Update on the status of the Vessel Pollution and Dangerous Chemicals Regulations (Naim Nazha, TC) Transport Canada provided an update on the implementation of the Vessel Pollution

and Dangerous Chemicals Regulations and discussed the issue of compliance with the sewage provisions for small fishing vessels. TC stated that they are analyzing options for the discharge of sewage for these types of vessels the department reached out to the National Research Council of Canada so that less costly options for small fishing vessels may be developed. Stakeholders may email the department if they wish to have a copy of the draft. TC also discussed the interim measures for small marine diesel engines regarding the compliance with the International Maritime Organization Tier III Nitrogen emission standards set out in the Vessel Pollution and Dangerous Chemicals Regulations. Transport Canada will not require compliance with the IMO Tier III nitrogen oxides emissions standards set out in subsection 110.3 (4) of these regulations until January 1, 2017 if the measures in the Ship Safety Bulletin (SSB) 10/2015 entitled Interim Measures for Small Marine Diesel Engines are followed. One participant asked what the targeted timeline for the amendments to these regulations is. TC responded that no timeline can be given at this time, but that no enforcement will be taken on the sewage provisions for small fishing vessels until options for the discharge of sewage for small vessels are developed. TC stated that the research has not yet been completed, but that it hoped the project would continue shortly. Stakeholders stated that once the department is in a position to make proposals, it should contact fishing safety associations this would allow them to go back to their membership and discuss the proposed options. Another participant asked why there are no exemptions in the regulations for owners if they cannot buy engines that meet the Tier III requirements in Canada (as it is currently the case). TC responded that this can be addressed through the measures in the SSB or through the Marine Technical Review Board process. In short, fishing vessel owners could submit a request to Transport Canada as to why this standard cannot be met, and how the vessel has an equivalent level of safety. The board would then makes a decision and contact the owner on the next steps. Update on the Marine Technical Review Board (Deanna Jones, TC) Transport Canada provided an update on the improvements to the MTRB process, and how it will realign its program in three different streams standard, non-standard, and complex. A different panel will be assigned to each stream. The standard stream will have a template if there is any deviation from the standard template in a vessel owner s application, additional conditions/information will need to be added (which results in the non-standard steam, which has a higher level of review). The complex stream will follow the process that is currently in place (which consists in the highest level of review). It is anticipated that this new process will be put in place in 2018. Also, if not already done so, any outstanding exemptions granted before 2007 must be re-submitted by vessel owners before September 2016 (as the board of steamship is no

longer valid under the Canada Shipping Act, 2001). Update from the Department of Fisheries and Oceans Canada (Connor Robinson, DFO) DFO provided an update on their safety activities. It briefly described the roles and responsibilities of both TC and DFO, and described the activities that were taken pursuant to the Memorandum of Understanding (MOU) regarding Safety at Sea of Food, Social and Ceremonial (FSC) & Recreational Fish Harvesters. For example, they raised awareness within DFO-NHQ and DFO Regional Offices of this MOU and the new MOU on Safety at Sea of FSC & Recreational Fish Harvesters. In terms of safety initiative, they further reiterated the importance of ensuring that safety considerations are outlined in Integrated Fisheries Management Plans (IFMPs). Positive comments were received from the audience, such as that the department was very active in making a commitment to add safety at sea to resource management agendas. The Canadian Coast Guard then presented an update on Search and Rescue Statistics. Data on marine incidents were extracted from the SISAR database to provide a five-year analysis, which focused specifically on fishing vessel data. The data was analyzed and mapped to provide visuals and more relevant statistics to stakeholders. Two areas of concern were identified for consideration and used to provide examples of the type of analysis and findings that can be derived from the data (mechanical failures and false alarms on EPIRBS). Several graphs were shown on the screen with detailed explanations. While these two areas of concerns were discussed, the data can also be used to determine other patterns and factors related to fishing activities as needed. Publication of the Ship Safety Bulletin entitled Large Fishing Vessels Efficient Bilge Draining Systems in All Watertight and Refrigerated Places (Michael Erland, TC) Transport Canada provided a summary of the Ship Safety Bulletin 01/2016 that was published on January 20, 2016. This SSB applies to all large fishing vessels (longer than 24.4m or greater than 150 gross tonnage) which are inspected under the Large Fishing Vessel Inspection Regulations. Its purpose is to remind all large fishing vessel owners and operators that they must ensure all bilge drainage systems fitted in watertight compartments (including refrigerated watertight compartments) are functional

and maintained on a regular basis. One participant commented that this highlights that associations must discuss best practices with not solely small vessel owners, but with larger vessel owners as well. 10. NATIONAL CMAC REPORT - WORKING GROUP ON FISHING VESSEL SAFETY REGULATORY ISSUES Transport Canada presented an update of the work that was presented at the Working Group on Fishing Vessel Safety Regulatory Issues, which was held on Tuesday April 19, 2016. The participants were informed that while the official 60-day comment period is over, the department may continue to receive comments on this regulatory project. In fact, comments can be received at any time for a regulatory project (such as been the case throughout the process to date). TC presented an update on the Regulations Amending the Small Fishing Vessels Inspection Regulations (a review of the Safe Operating Procedures, comments received during the 60-day comment period, and the implementation timelines). It then presented an update on the guidelines on vessel stability and fishing vessel modifications/ change in activity that will support these Regulations. An introduction was also provided by the CIFHF, which developed these guidelines in collaboration with TC. It was mentioned at the beginning of the presentation that the guidelines still need to be completed and vetted for technical accuracy. Finally, TC presented an update on Phase 2 of the proposed amendments, more specifically on Part 2. After the reading of this report, certain participants asked whether industry would be further consulted between Canada Gazette Part I and II on the SOP requirements, and what was the current timeline for publication in the Canada Gazette Part II. TC stated that the department can consider a compliance and engagement strategy and discuss with stakeholders as to how to implement these regulations. A participant also requested that the topics of hazard recognition training and the costs associated with the development of these Safe operating procedures be added to the National CMAC report. The full report (including these two additions) is provided in Annex A. 11. OTHER BUSINESS No other business was added to the agenda. 12. TENTATIVE AGENDA ITEMS FOR THE NEXT CMAC MEETING No tentative agenda items were given for the next CMAC meeting. ANNEX A

REPORT OF THE WORKING GROUP ON FISHING VESSEL SAFETY REGULATORY ISSUES The Working Group on Fishing Vessel Safety Regulatory Issues was held on Tuesday April 19, 2016. The meeting was well attended. The participants were welcomed to this important meeting focusing on the update Regulations Amending the Small Fishing Vessel Inspection Regulations (which were published in the Canada Gazette Part 1 on February 6 th, 2016). The agenda was reviewed and adopted without any changes. The participants were informed that while the official 60-day comment period is over, the department may continue to receive comments on this regulatory project. In fact, comments can be received at any time for a regulatory project (such as been the case throughout the process for this regulatory project to date). TCMSS undertook a preliminary analysis of the comments received, and following approval of the final version of these regulations in the upcoming months by the department, these regulations would be published in the Canada Gazette Part II. TCMSS presented an update on the Regulations Amending the Small Fishing Vessels Inspection Regulations (a review of the Safe Operating Procedures, comments received during the 60-day comment period, and the implementation timelines). Copies of four samples of safety procedures were also made available to stakeholders. Some questions and concerns were raised by industry during this presentation. There was fulsome discussion amongst the group. While some participants felt that there was more need for hands-on training rather than written procedures, other stated that written procedures are a living document which belong on vessels and would further the course of safety in the fishing industry. It was noted that the in the Province of BC, safety procedures have been a provincial requirement on board fishing vessels for many years. TCMSS stated that both having simple written procedures and conducting drills to ensure all persons on board are able carry out those procedures proficiently are essential to ensuring a high level of safety. Further, TCMSS noted the simplicity of the requirement. One participant stated however, that some fishing vessel owners may have to be trained with hazard recognition before being able to write Safe operating procedures on their own. On the matter of federal /provincial jurisdiction regarding worker safety, TCMSS noted that the issue had been resolved previously by the Supreme Court of Canada and that there is no conflicting requirement that would take away either legislative authority. Several participants voiced that they could not recall that safe operating procedures were discussed and that the consultation on the subject matter had

not begun. TCMSS stated that they were consulted upon throughout their development, and that drafts were provided in 2013, 2014, and 2015. TCMSS would provide more information to stakeholders as and if needed following this presentation. A representative also questioned whether indigenous groups had been consulted on this requirement. TCMSS responded that it has consulted fish harvesters extensively across Canada (including indigenous groups) since 2001. Finally, some participants also stated that they disagreed that no costs would be associated with these requirements costs would be incurred for fishing vessel owners to develop them if they are unable to write the some operating procedures themselves. The outstanding action item for all parties that came out of this presentation is to ensure that industry groups are well aware of the practical implications of safe operating procedures on board fishing vessels. TCMSS then presented the update on the guidelines on vessel stability and fishing vessel modifications/change in activity that will support the Regulations Amending the Small Fishing Vessel Inspection Regulations. An introduction was also provided by the Canadian Independent Fish Harvesters Federation, which developed these guidelines in collaboration with TCMSS. It was mentioned at the beginning of the presentation that the guidelines still need to be completed and vetted for technical accuracy. Both guidelines were well received. The outstanding action item that came out following this presentation is to develop a communication strategy to ensure all fishing vessel owners are aware of these guidelines and how beneficial they would be to the safety of their operations. TCMSS welcomed industry input on this matter. Finally, TCMSS later presented an update on Phase 2, Part 2 of the regulatory project. Consolidated draft copies of Part 2 were made available to the participants. The presentation was again well received with few questions and comments. A question was asked regarding what the timeline would be for Part 2 being published in Canada Gazette TCMSS responded that the expected timeline is 2018, but that this timeline is contingent on the completion of Phase 1. TCMSS will continue to work on the development of this phase and provide updated drafts to the group as appropriate. In conclusion, comments were received as to the upcoming CMAC and whether the Working Group on Fishing Vessel Safety Regulatory Issues would continue. TCMSS replied that the working group would continue to be on the agenda, but that the upcoming dates are unknown at this time.