Safety at Sea

Marine safety and the safety of fish harvesters are priorities for Fisheries and Oceans Canada (DFO). Safety at sea is a shared responsibility and fishing safety requires everyone involved to work together to avoid safety at sea risks and prepare for the unexpected, which can save lives.

DFO and Transport Canada (TC) have established a framework for cooperation to address this through a Memorandum of Understanding (MOU) that develops safety goals, allows for the exchange of vessel information, and the promotion of a safety culture among commercial fish harvesters. TC has the responsibility for regulating shipping, navigation, and vessel and marine personnel safety. DFO has responsibility for the management of fisheries resources with the Canadian Coast Guard (CCG) responsible for emergency response. In Newfoundland and Labrador, the provincial Workplace Health, Safety, and Compensation Commission (WHSCC) has jurisdiction over health and safety issues in the workplace.

Vessel owners and operators are responsible to ensure the safety of their crew and that the vessel is safe to operate. Adherence to safety regulations and good practices by owners, operators, and crew of fishing vessels will help save lives, protect the vessel from damage, and protect the environment. All Fishing Vessels should have the applicable certification, documentation and meet all regulatory requirements for the intended operation. Refer to Table 1 for Transport Canada requirements.

Vessel Registration

All vessels greater than 10hp are required to be registered with TC under the Canada Shipping Act 2001 (CSA, 2001), as TC is responsible for regulations and enforcement related to the safety of all vessels and marine personnel.

  • TC has two Vessel Registers the Small Vessel Registry and the Canadian Vessel Registry. The gross tonnage of a fishing vessel is a key factor in determining which of the two Registers applies, and what steps/supporting documentation are needed.
  • Registration with TC includes the issuance of a TC Official Number used to track vessels for compliance with legislative requirements under the Canada Shipping Act.
  • For more information on how to determine which applies and how to register a vessel with TC, please visit: Vessel licensing and registration (canada.ca)

All vessels used for commercial fishing are required to be registered with DFO under the Fisheries Act and the Atlantic Fishery Regulations, 1985, as DFO is responsible for the proper management and control of fisheries and the conservation and protection of fish and fish habitat.

Vessel Condition

Vessel safety, and the safety of crew members, falls under the mandate of Transport Canada Safety and Security (TCMSS). The CSA, 2001, associated regulations, policies, and programs outline the requirements and obligations of vessel owners and operators.

Vessel owners have an obligation under the CSA, 2001 to ensure compliance with all applicable requirements. This obligation is extended to vessel operators to ensure the requirements of the Fishing Vessel Safety Regulations for vessels less than 24.4m (< 80’) or Large Fishing Vessel Inspection Regulations for vessels greater than 24.4m (> 80’) are adhered to.

Small fishing vessels, less than 12m (<39’4”) are not exempt from the CSA, 2001 or the Fishing Vessel Safety Regulations. Vessels less than 12m (<39’4”) and 15 gross tonnage or less usually do not require Transport Canada certificate of inspection to operate; however, meeting all applicable TC regulations and applicable construction/equipment standards are still required. Unscheduled monitoring inspections by TC marine safety inspectors may occur at any reasonable time to ensure compliance.

Before leaving port, vessel owners are required to ensure the vessel is designed, constructed, and equipped to operate safely and be seaworthy in its area of operation. This would include such things as:

  • Doors, and window watertightness (gaskets intact, no dents, or damage)
  • Hatches and hatch covers of adequate strength and weathertightness. See Ship Safety Bulletin (SSB) No.: 06/1998
  • Underwater penetrations are in good order (not degraded or rusted)
  • Required safety equipment is onboard, serviced and valid/ approved (not expired)
  • Navigation lights are fitted and in good working order (working bulbs and fixtures are not blocked)

Any modifications made to the vessel need to be recorded and done in accordance with appropriate standards and a demonstration of its compliance available if requested. Vessel stability may also need to be verified to include any modifications made to the vessel. See TP 15392E - Guidelines for fishing vessel major modification or a change in activity.

Owners and operators are also required to ensure all required certificates are up to date and valid prior to sailing. These certificates include but are not limited to:

  • Vessel Inspection Safety Certificate (if vessel is over 15GT or greater than 12m or >39’4”)
  • Confirmation from a TC Inspector, in writing, that all inspection deficiencies have been rectified (if vessel is less than 12m or <39’4”)
  • Crew Certificates (PFH certificate, Marine Emergency Duties, Radio Certificate, Nautical Certificates, see Table 1 for additional TC required certificates).

Vessel Stability

Stability is important and has been found to be a major contributing factor to many fishing vessel incidents in the past.  Vessels that have a hull length of more than 9 m (> 29’ 6”), built after July 13th, 2018, are required to have a stability assessment completed and onboard and display a stability notice. Vessels built prior to July 13th, 2018, are required to have adequate stability and owners may need to provide verification of adequate stability if requested. Vessels without stability documentation may require a stability assessment regardless of vessel length or voyage. If a vessel undergoes a modification; documentation and/or demonstration of adequate stability is required.

Vessel crews should ensure weights are kept as low as possible and any water onboard is able to be shed overboard through pumps or freeing ports. Vessels with fluid catches should prevent excessive movement of the catch with subdivisions or totes, etc. Any deck equipment should be stacked and secured, keeping as low a center of gravity as possible in mind. Crew members should ensure that weights are distributed as low as possible and that excess weight on upper decks is minimized to prevent stability issues.

Fishing vessel owners are required to develop detailed instructions addressing the limits of stability for each of their vessels. The instructions must be based on a formal assessment of the vessel by a qualified naval architect or person competent to conduct a stability assessment and include detailed safe operation documentation. Instructions should be kept on board the vessel at all times.

Fishing vessel owners should also keep on-board detailed documentation on engine room procedures, maintenance schedules to ensure watertight integrity, and instructions for regular practice of emergency drills.

Vessel owners should know the stability of their vessels and the maximum weight it can carry. If unsure, the vessel operator should contact a qualified, naval architect or persons and organizations competent to conduct a stability assessment as defined in the Fishing Vessel Safety Regulations.

Emergency Procedures and Drills

Since 2017, small fishing vessels have been required to have written safety procedures onboard. This includes, for example:

  • Person Overboard
  • Fire onboard
  • Abandoned ship
  • Pollution
  • Any other procedures deemed necessary (e.g. flooding control, propulsion failure response etc.).

These procedures are specific to the vessel, the operation, and the number of crew members onboard. Each vessel is different so as crew members change vessels, the owner and operator are required to ensure the crew is familiar with the vessel’s layout and safety equipment placement and use, so they are aware of their duties in an emergency. Please see: Templates for small fishing vessel procedures.

Drills should be recorded and conducted as often as necessary to ensure crew members are familiar with the vessel’s safety procedures. Every time a new crew member comes onboard, a review of the safety procedures followed by drills should take place. Existing crew members should conduct drills several times a year to remain proficient.

Should a vessel be found to not have appropriate written safety procedures onboard, they will be detained by a Transport Canada representative and prevented from sailing until such time as the procedures are onboard and the crew can demonstrate proficiency. See SSB No.: 14/2024 for more information.

Since July 30, 2003, all crew members with more than six months at sea are required to have taken minimum Marine Emergency Duties (MED) training or be registered for such training. MED provides a basic understanding of:

  • hazards associated with the marine environment,
  • prevention of shipboard incidents (including fires),
  • raising and reacting to alarms,
  • fire and abandonment situations,
  • skills necessary for survival and rescue.

Safety Equipment

Vessel safety equipment from the Fishing Vessel Safety Regulations is based on hull length and the vessels voyage (longer vessels going further offshore require more safety equipment).

Clarifying “hull length” measurement as per the Fishing Vessel Safety Regulations Part 0.1 Definition - SSB No.: 25/2022 is available if you have more questions regarding how to measure the hull length for your vessel.

TC uses a vessel's hull length which is defined as the longest length from stem to transom, including parts that are permanently fixed to the vessel and extend beyond the stem or transom such as:

  • fixed spars,
  • bowspirits,
  • pulpits, or
  • deck extensions.

DFO uses the vessel length overall which is defined as the maximum horizontal distance measured between perpendiculars erected at the extreme ends of the outside of the main hull of a vessel (includes the vessel‘s bottom, sides and deck). Transom platforms extending beyond the stern of a vessel, and any other extensions on the hull will be considered part of the main hull of a vessel.

Personal Flotation Devices (PFDs)

PFDs (or life jackets) are to be worn when there is a risk of drowning. The Operator is to determine when there is a risk of drowning and inform the crew to wear a PFD (or life jacket).

PFDs for fishing vessels must be Transport Canada approved and be:

  • Of a highly visible color,
  • Fitted with retro-reflective tape, and
  • Fitted with a whistle.

Owners and operators are to be aware that requirements for the usage and wear of PFDs is regulated by both the Provincial OHS and federally by Transport Canada Marine Safety and Security. Please check your provincial requirements and TC requirements to ensure all applicable requirements are followed.

Cold Water Immersion

Vessel operators should know what to do to prevent themselves or their crew from falling into the water and what to do if that occurs. Drowning is the number one cause of death in the fishing industry. Cold water is defined as water below 25 degrees Celsius, but the greatest effects occur below 15 degrees Celsius. Newfoundland and Labrador waters are usually below 15 degrees.

The effects of cold water on the body occur in four stages:

  • cold shock
  • swimming failure
  • hypothermia
  • post-rescue collapse

Weather

Vessel owners and operators are reminded of the importance of paying close attention to current weather trends and forecasts during the voyage. Marine weather information and forecasts can be obtained from Environment Canada’s website, Marine Forecasts and Warnings for Canada - Environment Canada.

Emergency Radio Procedures

Vessel owners and operators should ensure that all crew are able to activate the Search and Rescue (SAR) system by contacting the Canadian Coast Guard (CCG).The Navigation Safety Regulations require all vessels over 12m (>39’4”) to carry a float free Emergency Position Indicating Radio Beacon (EPIRB), vessels under 12m (<39’4”) and on Near Coastal class 2 (NC 2) voyages (within 25 nautical miles from shore) may opt for a manually activated EPIRB, a Personal Locator Beacon (PLB) or if the vessel is under 8m (<26’ 3”) a portable VHF radio with Digital Selective Calling (DSC) capability.

The Navigation Safety Regulations require all vessels more than 8m (>26’ 3”) in length in Sea Area A1, within VHF coverage of a Canadian Coast Guard station or on a voyage more than five nautical miles from shore on the sea coasts of Canada, to be fitted with a VHF radio installation capable of DSC. The DSC radios must be registered with Innovation Science and Economic Development (ISED) Canada (formerly Industry Canada) with a Marine Mobile Services Identity (MMSI) number. A registered DSC VHF radio has the capability to alert other DSC equipped vessels in the immediate area and advise Coast Guard Marine Communications and Traffic Services Centre (MCTS) that the vessel is in distress.

A MF radio may be required for a vessel engaged on a voyage that extends outside Sea Area A1. This is because it must be equipped with radio equipment capable of establishing two-way communications at all times with a Canadian Coast Guard MCTS Centre.

All crew members should know how to make a distress call and should obtain their Restricted Radio Operator certificate from Innovation Science and Economic Development (ISED) Canada.

Collision Regulations

Fish harvesters should have a thorough knowledge of the Collision Regulations and the responsibilities between vessels where the risk of collision exists. Navigation lights must be kept in good working order and must be displayed from sunset to sunrise and during all times of restricted visibility.

To help reduce the potential for collision or close-quarters situations that may also result in the loss of fishing gear, fish harvesters are encouraged to monitor the appropriate local Vessel Traffic Services (VTS) VHF channel when traveling or fishing near shipping lanes or other areas frequented by large commercial vessels.

Sail Plan

An important trip consideration is the use of a sail plan which includes the particulars of the vessel, crew, and voyage. The sail plan should be left with a responsible person on shore or filed with the local MCTS centre. After leaving port, the fish harvester should contact the holder of the sail plan daily or as per another schedule. The sail plan should ensure notification to the Joint Rescue Coordination Centre (JRCC) when communication is not maintained, which might indicate your vessel is in distress. Be sure to cancel the sail plan upon completion of the voyage.

Table 1: Transport Canada Regulatory Requirements for Vessels under and over 15gt.
TC Regulatory Requirements *

Vessels under 15gt
(approximately less than 39’4”)

Vessels over 15gt
(Inspected Vessels)

Registration

✓

✓

TC Inspection & TC issued Certificate

 

✓

Safe Manning Document

 

✓

Certificates of Competency as per MPR

✓

✓

Marine Emergency Duties

✓

✓

Radio and First Aid

✓

✓

Stability FVSR

✓

✓

Records of Modifications

✓

✓

Written Procedures

✓

✓

Approved Safety Equipment as per FVSR

✓

✓

Collision regs (lights, shapes, sounds etc.)

✓

✓

NSR (EPIRB, PLBs etc.)

✓

✓

*Contact your local Transport Canada Centre for more details or clarification.

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