Delegation of functions – Fishing Vessel Safety Training
Report
Background
Safety training for fishermen has been compulsory since 2001. This was a direct consequence of the sinking of the Jersey fishing vessel RACHEL HARVEY in 1999 and the resulting loss of the life of one crew member. Subsequent recommendations of the UK’s Marine Accident Investigation Board (MAIB) highlighted the lack of a safety training requirement for Jersey vessels and this led to the drafting of the necessary legislation.
More recently the MAIB investigated the loss of another Jersey vessel, the KERLOCH in 2010 and noted safety training deficiencies in the crew. Since that report was published minor accidents have continued to occur and on some occasions safety training has again been found to be deficient both here and in the UK. In a recent tragic case, investigation following yet another loss of life (this time in a Belfast-registered fishing vessel) revealed that the dead man did not hold all his safety training certificates and two other crew members held none. Prosecution and stiff fines followed.
As a result of the above situation, fishing vessel safety training has come under the spotlight and in order to improve safety, local fishermen are being asked to prove they are properly trained in accordance with the law.
Exemptions
Under Article 4 of the Shipping (Fishing Vessels – Safety Training) (Jersey) Order 2004 the Minister may exempt individual fishermen from the safety training requirements. This exemption was introduced for a number of reasons: Skippers of small vessels working close inshore may not find the full life-raft course as relevant as a locally designed course more suitable to their needs and in recognition of the fact that these boats are not required to carry life-rafts. Additionally, whilst national standard courses are readily available throughout the year in the UK, access to these courses is more difficult and expensive for Jersey residents. Inevitably, local courses cannot be run with the same frequency and some lee-way needs to be given therefore concerning the duration and renewal of certificates. It was also found that a skipper may wish to take a new recruit on as crew who had yet to be qualified or had yet to have the experience to know he really wanted to make fishing a career.
Given this position, conditional exemptions were stipulated under the original Order. However, scrutiny of the way this has been working in practice revealed anomalies and an inconsistency in interpretation.
Considerations
Over the last decade the two associations have worked hard to offer courses locally and this has been greatly assisted by the yacht clubs and the Outdoor Education manager. Progress has been made to increase the number of courses offered locally and Jersey Harbours has undertaken to underwrite one full sea survival course a year with the aim is to ensure that at least three are available annually. Agreement is being reached to improve the associated management and co-ordination of all three course components (1st Aid, fire-fighting and sea survival).
Each of the core reasons for an exemption has been re-examined. Jersey Harbours, the Marine Resources section of the Environment department and the Shipping Registry have worked together to address these matters. This has been in close discussion with the fishermens’ associations as well as individual fishermen.
It has been concluded that the basic exemptions are still valid but that they need clarifying and more explicitly applied. The responsibility in law remains for individual fishermen to be fully safety-trained but the arrangements proposed do now have an agreed and fair degree of flexibility built in.
Conclusions
The changes to the existing exemptions are shown in italics, as follows:
LEGISLATION: | FUNCTION: | PERSONS DELEGATED TO: |
Shipping (Fishing Vessels – Safety Training) (Jersey) Order 2004 | To grant exemptions from the requirement for safety training under Article 4. Exemption may apply to fishermen operating vessels under 6 metres in length and where they have attended the approved alternative training. Temporary exemptions for fishermen new to the industry and being crew under supervision of a trained skipper operating any size vessel, who have not attended any approved training, must be time- limited to a maximum of 3 months and dependent on there being on-board safety and emergency briefings. Such exemptions are to be based on a report issued on behalf of the Harbour Master. Temporary exemptions will be allowed for existing fishermen operating any size vessel where a certificate is due to expire within the next three months providing they undertake the appropriate renewal course not later than 3 months after the expiry of the current certificate. Certificates for training undertaken before the expiry date of the current certificate may be post-dated up to a maximum of 3 months from completion of the appropriate course. | development, Economic Development Department |
11 July 2013
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