Meetings Minutes and
Agendas
September 28, 2004
Minutes
The first meeting of
the Department of Marine Resources (DMR) Commercial Fishing Safety Council (CFSC)
was held on September 28, 2004 at the Department of Human Services Central
Offices Conference Room, 442 Civic Center Drive, Augusta. CFSC members
attending this meeting included, L. Blair Pyne,
Chair, Robert Odlin, Robert Baines, Kris Boehmer, Ann Backus, Carey Gregor,
John McMillan, Jim Whitten, James Simonitsch, Gary Anderson. DMR
staff attending were Commissioner George Lapointe, Colonel Joseph Fessenden,
Major John Fetterman, and representing the United States Coast Guard (USCG)
Capt. Stephen Garrity.
Welcome
Commissioner Lapointe
called the meeting to order at 5:19 PM – stating primary mission is safety
in the commercial fishing community. Col. Fessenden welcomed the group
stating that with the makeup of this group, and the assistance of the USCG,
we could work to establish a commercial fishing safety program. Capt.
Stephen Garritty of the USCG pledged the USCG support to the council.
Introduction of Council Members and Election of
Officers
An introduction of the
council was done so that all members could give a brief synopsis.
L. Blair Pyne asked for
volunteers for the Vice Chairman of the Council. Robert Baines Volunteered
to be vice-chairman –
A vote was taken to appoint Robert
Baines as Vice Chairman of the Council – unanimously accepted by the
council
Major Fetterman asked
the Council to consider how the election of officers would continue each
year – Having each chair move up each year, with only one opening
(Secretary) being elected each year.
The council agreed
with the recommendation that the election of the officers would move up a
chair each year, with only one opening being elected each year.
Robert Odlin
volunteered to be Secretary for the Council.
A Vote was taken – unanimously accepted by the
council.
Commercial Fishing Safety Council §6034
L. Blair Pyne stated
that a review of the Commercial Fishing Safety Council was probably not
necessary and that we should get a handle on where we want to go and where
we want to start laying the groundwork – at this time, he turned over the
discussion to Major John Fetterman.
Major Fetterman –
Welcomed and thanked the Council Members for their participation. He stated
that the governor’s task force outlined very basic recommendations. Also
gave background information on the original task force and their goals.
Major Fetterman stated
that they should review the Governor’s Task Force Recommendations and
possibly prioritize or even develop working groups. Make recommendations to
the Commissioner for proposed legislation, and that the Task Force members
are willing to participate.
The first reporting
requirement under the legislative component – is to be done by November.
This is an unrealistic time frame due to the lateness of the initial meeting
of this council. The first report to the legislature should state that the
council has been formed and appointed, and that we will be developing an
action plan, and the goal of the council is to have recommendations to the
Commissioner by November 2005.
Major Fetterman
followed up with stating that a lot of discussion passed through the task
force and a lot of people are standing in the wings to come and speak to the
Council.
The Colonel proposed a
Third Party Fishing Vessel Examination Program, where if you Display a
decal, you will not have people continually boarded and inspected.
L. Blair Pyne suggested
the council go down through the recommendations, and comment on each one.
Recommendation #2 See
task force book – Is there a booklet on federal laws – send to members so
that they can read up on them to see what federal guidelines are – possibly
mirror them.
Minimum safety
equipment – where and how far do we want to go in making a vessel safe –
there are a considerable number of vessels that are probably not safe. How
do we address those issues? What are our parameters for minimum standards?
John McMillan – We
should use a list – Checklist for visual inspections. Use guideline that the
observer program uses.
Kris Boehmer – Should
have certain criteria for the fisheries they are fishing for.
James Simonitsch –
Surveyor has a certain amount of license due to experience. People are not
aware that the insurance industry and USCG have two separate standards –
Insurance companies pay claims – USCG does not pay claims.
L. Blair Pyne –
Stability is an issue – Discussion on this issue proceeded with how this
will affect smaller boats, the lobster industry, offshore boats – Offshore
boats are more aware of the safety issues. Majority of the legislation will
affect the smaller boats the greatest – do we want a legislative mandate
where Marine Patrol Officers board a boat and then tell them they must go
ashore right now.
Kris Boehmer – Have
seen the USCG cease trips and request boats to go ashore immediately.
L. Blair Pyne –Any boat
is going to have insurance, which is new or mortgaged. A lot of the older
boats are going to fall under this council’s request, and will be pressured
to do whatever we ask them to do.
Kris Boehmer –
entry-level boats and inexperienced operators.
L. Blair Pyne – Vessel
safety and apprentice program are an excellent way to get the next
generation of fishermen prepared, not only to how to fish, but also for
safety, stewardship, and environmental issues.
Robert Odlin – Looks
like we are adding to the already established minimum. Great idea –
especially boats that fish in the winter - only opposition will be the cost
– even though it will save a life.
Col. Fessenden – we are
enforcing a recreational standard on commercial fishing industry. USCG
requires different standards – for instance life jackets. Commercial boats
are already required to follow the laws by the USCG.
Kris Boehmer–
commercial fishing safety act – how far can you go – and how long the boat
is – can we enforce those right now?
Request that the USCG
send copies of the Rule that the State does not have authority to enforce.
Identify the 5 most important things to have aboard the boat – then have
MPO’s have authority to enforce those.
Carey Gregor - Would
you mirror the USCG dockside examine? Is that mandatory?
Capt. Garrity– hand not
heard that there is anything coming down the line as being mandatory
L. Blair Pyne – take
the standards that USCG have for vessel standards and review and see what
applies. Survival suits should be in work area
Ann – Is everyone
familiar with safety index system that was developed by Jeff Ciampa and
carried on by Arn Heggers – there is a nice check list and gives you a
quantitative measure. We could bring that around – Should look at this
document too.
L. Blair Pyne – Don’t
get into situation where there are rules and regulations that we cannot
enforce. Look at what is there now, what is being enforced – another issue
would be a list of accidents that have occurred in 3 – 5 years and then go
and see what the overall trend is and address those from that.
Jim Simonitsch – Maybe
we should check in to what other resources we can draw from – see what the
other New England states are doing and what their enforcement is in New
Hampshire, Massachusetts, and Rhode Island – May show a variety and we
could choose from them the best points that would work in Maine.
Carey Gregor – As far
as enforcement – how far are MPO’s willing to go and what would be the
constraints?
Col. Fessenden – This
is a legislative issue with regard to cost.
L. Blair Pyne –
Suggested that we need a list of documents that should be sent to all
council members.
Robert Baines – In the
short term we could be working on safety standards – then education would be
on going and long term.
L. Blair Pyne
–fisherman usually start in the lobster industry and then go on to other
industries - still could be a charge that “crew members, or the captain
have certain educational requirements for his crew.”
L. Blair Pyne –
apprentice program great place to start, and to tag along with what the
lobster council has done already and get younger kids.
L. Blair Pyne – old
style of fishing is gone – we want to mold the next generation of fishermen
to certain safety standards.
Robert Odlin – 5,700
license holders out there now and need some education - how we go about that
now and in the long term.
Discussion on 100-ton
licenses – and that there is no safety component. Discussion about
preventing the receiving of tags unless attend seminar. Could have seminars
at the Fisherman’s Forum. Don’t want to have happen what happened to the
tender course.
Ann Backus-Community
Based training.
L. Blair Pyne – not
sure if it can be done in every community – but possibly in regions
Robert Odlin –
Non-state water fishermen - are we going to consider those individuals? We
would have our work cut out for us. – Offshore draggers, off shore lobster
boats--- are we going to address this?
Rob Odlin – This
council probably cannot target those fisheries.
Gary Anderson discussed
the – mandatory vs. voluntary and the education component that IF&W had with
regard to hunter education – laying the groundwork with volunteers first
before going mandatory. You will not get participation unless it is
mandatory. Possibly work with insurance companies - incentives–
L. Blair Pyne – How do
we reach the commercial fisheries – use hunter safety course – how do we
take the hunter safety course and put into commercial fishing industry.
Gary Anderson –
immediately go in to enough communities have meeting with spouses husbands,
and get them on your side and no one can beat them.
L. Blair Pyne –
fisherman’s wives.
Jim Whitten stated that
any time they would try to make students to anything that was mandatory – it
wouldn’t work – but go to the people who influence them and they can lead
the charge.
John McMillian - Gary
Moores has pushed safety in Lubec. The right push not a heavy push.
J. Simonitsch –Appeal
to fisherman themselves, but it must be oral – many cannot read that well.
Go to communities with fisherman’s coops and a base where you can develop an
inroad in to the community and develop an educational program. USCG put on
safety talks and demonstrations and a broad invitation Jan, Feb, March –
attendance was out standing. Big community get together.
Gary Anderson – People
who don’t exam well, but can do it one on one – always ask them ahead of
time – problem hearing or reading – never insurmountable.
Robert Baines – Include
the Zone councils. They should be involved - representative of the whole
coast. Get a broader education through zone councils, fisherman’s wives.
Zone council reps are well thought of in the community - get them
involved.
L. Blair Pyne – They
can be the spokesperson
Kris Boehmer – The
insurance company couldn’t offer incentive that they would charge them less
the next year. What if it was tied to tags?
Gary – Incentive could
be that they may not raise your rate in two years if you do this.
Gary – only two abused
the system – with thousands of volunteers
L. Blair Pyne – what is
it that we are going to tell them they need to have?
If our market that we
are trying to reach is not going to be the 70 or 80 foot draggers, but
lobster. urchin, scallop, mussel, quahog, we may be able to piggyback on
laws.
It was discussed that
we would need all documents to present to community groups.
L. Blair Pyne - once
council gets established and successful - legislature will see the success
and then they might be inclined to fund it a little bit and industry might
be willing to kick in.
Col. Fessenden –
lobster fisherman – noncommercial – must take a course and pass a test in
order to get their license. Assessed a one-time fee.
Rob – teach new
entrants (wouldn’t imagine we would target someone who has lobstered 30
years-).
Cary Gregor - Industry
seems to be more acceptable. Downeast has really come around in the last
couple years – with the USCG and Gary Moores – younger generation. Older
lobstermen that have taken training, gotten through and are now proponents
of it.
L. Blair Pyne – The
message will be the:
- Training segment
- Standards segment
of it
Discussion on what the
Agenda for next meeting would be and to come to the table with ideas on what
standards are going to be and what the training is going to be – Are we
going to grandfather certain ones – checklist for abandoning ship. The
information could be sent to them at the time they receive their license
L. Blair Pyne asked
whether the council will be meeting Quarterly - looking for some time in
January. It was mentioned that a message board could be created for the DMR
website – Cathy Fetterman stated she would check into it and get back to
council members.
Bob Baines – time line
– safety standards could be hashed out relatively quickly – maybe something
we might want to consider is minimum safety standards before the legislature
goes in to effect. It might be good to get this council’s name out there –
active and doing something.
Rob Odlin - Have
Message Board and e-mail addresses to contact council members for input.
Carey Gregor – Will we
be setting standards for equipment and training?
Rob Odlin - Equipment
is easier
Carey Gregor Are we
going to mirror the federal laws?
L. Blair Pyne – I don’t
think we should reinvent wheel – go through what is already out there.
L. Blair Pyne– Minimum
standards could come from USCG
November might be a
good date. Having a monthly or bimonthly meeting to get things going.
Rob Odlin – 2005 2006
winters should be the target – that is when most of the problems will
occur. Equipment or training – Training will take even longer – lets go
with Equipment – do not reinvent the wheel.
Carey Gregor brought up
the issue of the difference between a documented vessel vs. a state
registered vessel and that there is a really big difference between the two
and the need to standardize
Jim Simonitsch – Even
though the USCG may not require – whether this is a state registered or
documented this would blow away the dividing line between the two.
L. Blair Pyne – It will
be a matter of doing the more restrictive. Usually you are required to
satisfy the more restrictive one.
Kris Boehmer – State
registered one is less restrictive.
Col. Fessenden
mentioned that the Marine Patrol has no authority outside three miles for
boating safety, and that this may be a conflict with USCG. It might be a
great opportunity to start a pilot project with the USCG and see if this
works.
Ann Backus brought up
that the USCG is a driving force, but with more concentration being given
towards homeland security – there is an even bigger gap now.
John McMillan – also
wanted to incorporate and focus on lifting practices – hand injuries, and
disabling injuries. Important to have the basics, i.e., respiratory
preparation, fire fighting, etc. Think about different types of injuries on
fishing boats.
Ann Backus –
Concentrate on fishery specific training – get the general information out
and then work specifics after that.
Commercial Underwater hand harvesting competency
training (Diver Tender Course)
Major Fetterman
discussed the background of the diver tender course starting back in 1994 it
became a pre-licensing requisite. This was at a time where there were
hundreds jumping into the water without training and the number fatalities
was what drove the legislation. And the Council needs to now to come up
with something that can satisfy this safety component.
L. Blair Pyne – Would
rather see a diver with anyone rather than go by themselves.
Possibly give them
booklet rather than classes – give some general idea – which is better than
what they have now.
Major Fetterman
mentioned a competency test, and if they can pass, they will be given a
waiver. If informational booklet, they could take a quiz. Explore some
options and come up with recommendations.
Also discussion on
perhaps having an online testing for boating safety classes too.
L. Blair Pyne – This
should be addressed and recommendations made – whether through a pamphlet –
some sort of education – online or through the mail – proficiency test –
skills they need – boat handling, medical.
Jim Whitten - Could
possibly have an abbreviated curriculum, as long as the main concern was on
safety
Major Fetterman stated
that they might be able to have book to take home and study and then proctor
a test.
John McMillan mentioned
the upcoming Safety Conference being held at Maine Maritime Academy in
Castine (IASST Safety Symposium.) Conference on October 11th.
For more information go to the website at IASST.com
L. Blair Pyne
incorporated in these minutes a list of items that should be given to the
council by the end of October for review prior to the next meeting
List:
- USCG Publication
“Commercial Fishing Vessel Safety Standards.”
- List of
accidents/casualties – from USCG and Maine
- Difference between
documented and state registered boats – under the regulation
- Safety Index
System
- Commercial
licenses- urchin, scallop, shrimp, apprentice, number of vessels,
lobster
- Mechanics of
website – message board
- Termination of
vessel statistics – Arn Heggers
A discussion on when
and where the next neeting of this council would be. It was decided that
the next meeting would be on Monday, November 29th at 5 p.m. The
first choice meeting place was in Augusta – then Rockland – then Boothbay –
Cathy Fetterman to check availability and get back to the council.
The meeting adjourned
around 8:00 p.m.
