This article is reprinted with permission of Commercial Fisheries News, the Northeast's fishing newspaper for over 30 years, ©2003 Compass Publications Inc. Commercial Fisheries News is published monthly; annual subscriptions are $21.95. To subscribe or request a sample issue: call (877) 263-4496; fax (207) 367-2490; e-mail (cfoster@fish-news.com); or click on the hot link.
by Ann Backus, MS
Director of Outreach
Department of Environmental Health
Harvard School of Public Health, Boston MA
Phone (617) 432-3327;
E-mail abackus@hohp.harvard.edu
The recent surge in terminations of voyage by the US Coast Guard in Maine and a higher-than-average termination rate along the Northeast coast this year suggest that this might be a good time to review the requirements for fishing boats as set forth in the Commercial Fishing Industry Vessel Safety Act (CFIVSA) of 1988.
Beginning this month and in future columns, FISH SAFE will cover requirements for all commercial fishing vessels and for special situations.
Safety of crew and vessel is the primary concern of the Coast Guard. The CFIVSA gives authority to the Coast Guard to ensure the safety of fishing vessels and crews. If upon boarding a vessel, Coast Guard personnel cannot rectify a hazardous situation and a serious safety risk to the crew remains, boarding officers can order the operator to return the vessel to port. That is what is meant by "termination of voyage."
Over the last six years, terminations in the Coast Guard First District have averaged 10 per year. However, this year the terminations have reached 20 in just five months.
Hazardous situations
The hazardous situations, which, if not remedied, may result in termination, include but are not limited to the following:
- Insufficient or unserviceable survival gear such as personal flotation devices (PFDs), immersion suits, survival craft, etc.;
- No operable EPIRB or radio (when required);
- Inadequate fire fighting equipment;
- Excessive volatile fuel or vapors in the bilge;
- Instability resulting from overload, improper loading, or lack of freeboard;
- Inoperable bilge system (when required);
- Intoxication of operator or any crewmember (0.04% blood alcohol content or higher);
- Lack of operable navigation lights during periods of reduced visibility;
- Missing or inoperable water tight closures (when required);
- Flooding or uncontrolled leakage in any space; and
- A missing or expired Certificate of Class for a fish processing vessel (when required).
Survival suit rules
We'll start our closer examination of these requirements with survival gear. Coast Guard-approved immersion suits (also called exposure suits or survival suits) are required as follows for marine waters:
- On all documented vessels operating beyond the Boundary Line and north of 32°N latitude or south of 32°S latitude (boundary lines follow the trend of the shoreline and are used in the application of various shipping regulations as described in 46 CFR part 7; and
- On all vessels, documented or state registered, operating beyond coastal waters (three miles and beyond) in a designated "cold water" area where the normal monthly average water temperature is 59°F or less.
The cold water location moves around from month to month. Consult the following web site for details: http://www.uscg.mil/hq/g-m/nvic/index.htm. Scroll down to find the Navigational and Vessel Information Circular 7-91 (1991).
PFD rules
For all vessels 40' or more in length in any other water not mentioned above, a Type I Coast Guard-approved PFD must be available for every person on board.
All vessels less than 40' in any other water not mentioned above must carry a Type I, II, or III PFD device for each person on board.
Serviceable and appropriately sized immersion suits may be substituted in these two situations.
In addition to specifying the survival gear by vessel type and length and by the waters in which a vessel operates, the CFIVSA requires each PFD and immersion suit to have 31 square inches of reflective tape on the front and on the back placed to be visible when the wearer is in a floating position. This allows the person to be spotted more easily during nighttime searches.
On the ocean and in coastal waters, a Coast Guard-approved PFD light must be attached to the front shoulder of the required PFD or immersion suit.
In working order
It is not enough to have one PFD or immersion suit per person because people come in all ages and sizes. There must be a device of the proper size for each person on board.
Also, the regulations require that each PFD or immersion suit be in operable condition. An old PFD that has been water-logged from exposure or age will not pass inspection. Neither will an immersion suit that is torn, is disintegrating in places, or has an unserviceable zipper.
In order to remain serviceable, these items must be stored properly according to the manufacturer's directions. The vessel operator is responsible for advising all on board how to get to and use these items should they be needed.
The CFIVSA regulations are based on one or more of six variables. In order to apply the CFIVSA, operators must know the following: type and length of their vessel; area of operations; seasonal conditions; number of people on board; whether the vessel is documented or state registered; and the date the vessel was built or converted, specifically before or after Sept. 15, 1991.
For a pamphlet describing the CFIVSA requirements, contact the fishing vessel safety coordinator at the nearest Coast Guard office or the Government Printing Office in Washington, DC at (202) 512-1800.
Most of the regulations can also be found at the library or on the Internet under 46 Code of Federal Regulations (CFR) Part 28.
Also, please keep in mind that the voluntary dockside exams offered by the Coast Guard are designed to help operators determine if they have met the CFIVSA. Call your local Coast Guard office to schedule one.
