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Regulatory Issues

Regulatory Issues. Liam LaRue. Commercial Fishing Industry. One of the deadliest in the world Highest fatality rate – 2007 Minimal safety oversight. Regulations. Two types of regulations: Coast Guard safety Vessel type Build date Fisheries management Magnuson-Stevens Act

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Regulatory Issues

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  1. Regulatory Issues Liam LaRue

  2. Commercial Fishing Industry • One of the deadliest in the world • Highest fatality rate – 2007 • Minimal safety oversight

  3. Regulations • Two types of regulations: • Coast Guard safety • Vessel type • Build date • Fisheries management • Magnuson-Stevens Act • 8 regional councils • Fishery management plans

  4. Vessel Types • Fishing vessels • Catch fish • Minimal processing • Fish tender vessels • Supply • Transport • Fish processing vessels • Catch and process • Process from other vessels

  5. Typically small Operate near shore Small crews Uninspected Minimal safety requirements Voluntary exams Fishing Vessels

  6. Typically large Remote operations Large crews Certificate of Compliance Load line Classification Fish Processing Vessels

  7. Catching vs. Processing • What is done after fish caught • 8 allowed activities • Fishing vessel Processor

  8. Head and Gut Fleet • Operate in Alaska • Historically regulated as fishing vessels • Operational risks similar to other processors

  9. Head and Gut Fleet Accidents • Major accidents • Arctic Rose, 2001 • Galaxy, 2002 • H&G vessels were actually processing • Subject to additional requirements

  10. Efforts to Regulate • Difficult to enforce requirements • Age of vessels • Prohibitive costs • Vessels could cease processing • Similar operational risks • No additional safety requirements • Solution: Alternate Compliance and Safety Agreement (ACSA)

  11. Alternate Compliance and Safety Agreement (ACSA) • Voluntary • ACSA standards • Drydocking / hull thickness gauging • Watertight / weathertight doors • Machinery maintenance • Stability • Alaska Ranger enrolled • Completed drydock • All requirements not complete

  12. Alternate Compliance and Safety Agreement • ACSA implementation issues • Failure to follow guidance • Timelines not enforced • Personnel • Actions since accident • New ACSA guidance • Additional personnel

  13. Previous NTSB Actions • 1987 safety study • Addressed numerous issues • Recommended that Coast Guard seek inspection authority • Status of recommendation • Reiterated in 1987, 1988, 1990, 1991 • Coast Guard not granted authority

  14. Inspection of Fishing Vessels • Inspection could provide: • Design • Construction • Maintenance • Licensing • Medical oversight • Hours of service • Drug and alcohol testing

  15. Proposed Legislation • Mandatory dockside exams • Training and certification for masters of vessels that: • Operate outside 3 miles • Carry >16 persons • Expanding class and load lines to certain fishing vessels

  16. Fisheries Management • North Pacific Fishery Management Council • Create and amend fishery management plans • Bering Sea Aleutian Island (BSAI) groundfish fishery

  17. Amendment 80 • Amended BSAI groundfish plan • Limited access • Cooperatives • National Marine Fisheries Service • Approved plan • Created implementing regulations

  18. Amendment 80 • 28 Amendment 80 vessels • Average age, 30 years • No vessel replacement provisions

  19. Amendment 80 • Owner of sunken Amendment 80 vessel sued NMFS • District Court ruled in favor of owner • Vessel replacement allowed for: • Actual total loss • Constructive total loss

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