Maine Commercial Fishing Safety Council
February 16, 2006 Meeting Minutes
The Department of Marine Resources (DMR), Commercial Fishing Safety Council (CFSC) was held on February 16, 2006 at the Department of Human Services Central Offices Conference Room, 442 Civic Center Drive, Augusta. CFSC members attending this meeting included: Bob Baines, Chairman, Jim Simonitsch, Jim Whitten, L. Blair Pyne, Yvette Alexander, Carey Gregor. Ann Backus via conference call. DMR staff attending were Colonel Joseph Fessenden, Major John Fetterman, and Cathy Fetterman and representing the United States Coast Guard (USCG) Kevin Plowman. Guest Elliott Thomas.
Welcome
Bob Baines called the meeting to order around 5:10 pm. Due to having no quorum nothing could be voted on at this meeting.
There was discussion on the Matrix and developing a strategy in rolling out the concept.
Ideas discussed were: Write an article in CFN that would illustrate the USCG doing a dockside exam on Marine Patrol. Schedule 8 harbor visits – one for each Patrol vessel – with the USCG. Choose a harbor that is visible. The purpose would be to introduce dockside exam – and introduce safety equipment, life raft, EPIRBS, -discussing the eventuality of changing the safety requirements for all vessels within 3 miles. That would get some of the concept of what this Council is planning out to the community where we could gauge the interest and education.
R. Baines – Is this something we could do in conjunction with our recommendations or do we need to do it before we bring forward our recommendation
A. Backus – We could write legislation before we do harbor visits
John F – Strategies that we have tried within MMP are vessel inspections with USCG in order to maintain a safe environment for officers to work in. Also we want them to be a floating class room – demonstrating safe practices as we interact with the fisheries and they could look at our vessels and could be doing drill conductors. Like how to properly mount life raft, etc. Those type of drills that Marine Patrol do.
This would be a great opportunity to do another story that highlights the inspection program that is already in place. MMP boats are due for inspection this spring. Have Ann come up and photograph the inspection, and do an article to go in to CFN. In addition it would be a very easy fit for Patrol. Also identify one site visit for Patrol early this spring. The Challenge could be at Dimillos wharf on such and such a date, have the boat, a member of the council will be there, along with USCG. Look at the boat, see the inspection and talk to the council member or coast guard. It might be a nice outreach program which could start a nice safety article. We could assign one of these dates for one of these vessels - all the large patrol vessels from York County to Calais—all the way down the coast.
B. Baines – Would we want to try and have them all on the same day?
J. Fetterman – Identify days that might be important to do this. Areas where we might not usually do this. Schedule the Dirigo out on Swans Island rather than Southwest Harbor. Boat in Jonesport – do at USCG in Jonesport
Discussion continued on the USCG/MMP Harbor inspections, along with the calendar for fishing vessel inspections and posters.
B Baines - update on legislative work session – A number of us were there – at first it didn’t look so good. A few republican legislatures did not want to lose control, and they wanted to get a report – voted unanimously with a few minor changes.
J. Fessenden – Chance that this bill might be done right around the forum or a little after. It won’t be in effect until August.
B. Baines – Not sure what they will allow us to do as far as the matrix is concerned. In the mean time – we have not made an official vote – and vote on the educational component on the apprentice program. Hopefully the meeting after the forum we can get that done.
J. Fessenden– as far as legislature goes – it turned out fine for us,
A. Backus - I noticed that it does say on Line 19 page 3 in the summary have the word vessel taken out. Cathy to check on it.
J. Fessenden – Keep in mind that we may want to go slow as far as trying to get everything done overnight in this original matrix.
B. Baines – don’t you think we should take this out and get public feedback?
J. Fetterman –I don’t think we should take things out of the matrix that are not required by the CFR.
B. Baines – don’t you think we should make the argument that these are extremely important safety issues that the council feels are necessary - then take out to public hearing to see what we need.
Y. Alexander – I believe this is all reasonable – I do understand what you are saying. There is just no way that people wouldn’t feel the matrix is reasonable.
J. Fetterman – if we rally a bunch of opposition to it – Joe saw first hand how this legislative body is right on the fence.
B. Baines – the reason why the MRC had problems with it - had everything to do with them relinquishing control. If we bring this proposal forward and get feedback that is negative on this – then we can scratch items off the list before going to the advisory Council or public hearing.
Joe – it would have to go back out to public hearing if there are any changes. If you make minor changes - it would have to go back out to public hearing.
B. Baines – we can’t move forward on this until summer.
J. Fetterman – Make it real clear to people – what items are part of the CFR and what are in addition to. All the items in black are what the USCG already require and in red is what the council wants.
K. Plowman – When violations occur – and USCG boards the boat – they can turn the violation into a warning. If boats are boarded by USCG they will have to have immersion suits outside 3 miles.
J. Fetterman – If a small boat is outside 12 miles – we would site them for Reckless Operation and terminate the voyage.
B. Baines – If we left the 16’ and under outside 3 miles requirements blank on the matrix – what would the Marine Patrol have authority to do?
J. Fessenden – Concerned about making this more restrictive then the Feds. Walter Ash – Representative made a comment about having it more restrictive if you are within 3 miles of shore.
B. Pyne – We should pick our battles.
B. Baines – If we get authority to go through rule making – we will have to go through all the options.
J. Fessenden – May know by mid March – then we could propose rules. Decide on which ones we are bringing forward and have Kevin say they are already required.
J. Fetterman – If we push beyond what Feds require – we could be walking into a ground where we might lose the whole thing, especially in dealing with the small 16’ boats only a mile from shore.
K. Plowman – If you have a USCG boarding officer on board a MP boat and you board a commercial fishing boat 40-50 miles offshore – the state has no authority to say anything.
J. Fetterman – This has potential for success because it is parity.
B. Baines – Bring to Forum – If we want to stay with nothing more than the Feds – then we may need to do that. Making sure they are aware that this is for commercial license holders engaged in the activity.
J. Fetterman – Link vessel to license.
B. Baines – This proposal should state engaged in fishing for Maine commercial license holders.
J. Fessenden – Kevin stated that this is already required by USCG.
B. Pyne – I understand we shouldn’t get into something that maybe is not required. Fully understand – not getting everyone against this. I see things that are common sense, like compass, anchor, bilge pumps, reflective tape on life jackets.
J. McMillan – It might be a good idea to let everyone know how much the cost will be for the required items.
G. Anderson – If you put life jackets with reflective tape – would you be able to see it? Is there a way to determine good and serviceable condition?
B. Baines – Propose to pass matrix like this and when the law is written put in that these must be in good and serviceable condition. Kevin to give wording for appropriate way to say good and serviceable.
B. Pyne – Some need to have common sense – These could all be tentative recommendations – and then we can just wait and see who complains.
G. Anderson – We will allow repairs to life jackets, etc.
K. Plowman – Not real big on repairing PFD’s. No longer considered USCG approved.
J. Fessenden – We should put a different color on items not federally required.
B. Pyne – Black required – red recommended to be required.
Ann & John to work on language that would go along with the matrix – similar to the boat law laws.
R. Odlin – Should be USCG approved
K. Plowman – Took course with state it should be USCG approved.
B. Baines – Agree we want to do the USCG Drill Instructors Course.
R. Odlin – Guy and his kids will be coming.
B. Baines – How many outside the boundary line don’t have this course?
B. Pyne – How long will the certification last?
K. Plowman – 80% have it outside the boundary line. There is rule making in process that is making this a 5 year certification.
J. Fessenden – Draft rule to take to forum – and notify all apprentices that we will have meetings at forum date and time.
K. Plowman – Think about how this will affect safety.
Discussion on putting something in the Forum outline that states the CFSC is moving forward with 2 proposals this year: 1. Training for Apprentices. 2. Requirement for safety equipment that mirrors the already required safety equipment aboard vessels.
Y. Alexander – Call Susan Jones of CFN.
J. McMillan – Safety vs. Survival. Watch terminology. Safety is one thing – emergency response training might be something we want to consider. Safety awareness courses maybe later on.
J. Fetterman – When you talk about registered vessels - this defines Maine’s authority under the jurisdiction of the State of Maine. A cross over law would still require a PFD on board – and these are boats we have jurisdiction over.
Other discussion was if the Captain and Sternman have an immersion suit – do they need a PFD.? If a vessel was boarded and there was no life jacket – USCG would site.
J. Fetterman – the key definition is engaged or attempt to engage in commercial fishing – if they have their oil skins on and a bucket load of bait – would be considered engaged.
Consensus to keep life jackets in black.
J Fessenden – I can see fishermen at the forum asking what they need.
E. Thomas – I feel they need a radio 0 to 3 miles.
Immersion suits are really going to stick in some peoples throats.
A. Backus – Inside 3 miles all set.
J. Fetterman – Is council comfortable with the definitions as outlined in John and Ann’s description in the handout given at the meeting. The format is all definitions up front and then goes to the matrix and definitions of the matrix – section behind matrix.
Sounds Great
B. Baines – matrix is still evolving and this is only for Discussion purposes.
B. Baines – Educational component – won’t get license until successfully completes course. At the next meeting we should make recommendations on where and how to purchase the required safety equipment.
J. Fetterman – never reach target audience unless it is mandatory.
B. Baines – there will be 1,000 or more people taking this course.
J. Fetterman– If you could lock it in during a certain date would be people who were born after 1994.
J. Fetterman – Alabama had a 5 year plan. All kinds of formulas and models to look at. This council may have an opportunity to get involved with this boating education.
B. Baines – I would hate to have to have the commercial guys fall in to that because there is so much more.
Meeting adjourned at 8 pm. Next meeting scheduled for April 20, 2006.
