Marine Transportation Safety Advisory Letter 02/23

October 30, 2023

Director General, Marine Safety & Security
Transport Canada
Dorval QC H4Y 1G7

Director of National Licencing Operations
Fisheries and Oceans Canada
Ottawa ON  K1A 0E6

Vice-President Prevention
WorkSafeNB
Saint John NB  E2L 3X9

In the early morning of 06 May 2023, the lobster fishing vessel Tracy Dawn left Miscou Harbour, New Brunswick, with a master and 2 crew members on board. It was the first day of the lobster fishing season, and the vessel was loaded with 119 traps. While transiting to the fishing grounds, the vessel encountered rough weather. A precautionary decision was made to drop the traps and then return for them later when the weather improved. The 2 crew members attempted to go aft and drop the traps, but both fell overboard and were fatally injured in the process. Their bodies were later recovered from the water.

In accordance with the TSB Occurrence Classification Policy, the circumstances of this occurrence were assessed, and the occurrence was classified as a class 5 occurrence. Consequently, TSB activity was limited to the collection of data, which has been recorded for safety analysis, statistical reporting, and archival purposes.

The following contains information collected during the assessment of this occurrence.

• At the time of the occurrence, there were sustained wind speeds of 15-20 knots from the north-northeast and a swell of 1 m.   
• The lobster traps each weighed approximately 45 kg and were assembled in strings of 7 that were stacked on deck.
• There were metal braces extending up from the bulwarks on either side of the vessel to prevent traps from falling off the sides of the vessel (Figure 1).
• Access to the vessel’s stern was limited by the traps stacked on deck. To go aft to deploy the traps, the 2 crew members used a route that involved climbing on top of the wheelhouse and then over the stacked traps.
• When the 2 crew members were recovered, both were found to be wearing personal flotation devices.

The Tracy Dawn is one of an estimated 7500 lobster fishing vessels operating in Eastern Canada.^{Footnote 1} The lobster fishery is competitive, and it is common practice for fish harvesters to load their vessels with as many traps as possible on opening day. However, this practice can lead to vessels being loaded beyond their safe operating limits. It can also lead to loads that are not configured in a way that allows crew to work safely on deck. In this occurrence, crew were unable to walk on deck to access the stern and the wheelhouse door was blocked by the stacks of traps, as was the vessel’s life ring. Visibility aft from the wheelhouse was also limited by the stacks of traps.

Although the Tracy Dawn is registered with Transport Canada, there is no record indicating that the vessel had ever been inspected. The Tracy Dawn had no written safe work procedures, which are required under section 106 of the Canada Shipping Act, 2001. As well, there were no records that a formal stability assessment had been completed for the Tracy Dawn, and maximum loads or loading plans for the vessel had not been calculated or verified.

The TSB completed a safety issues investigation on the causes of fatal fishing vessel accidents in 2012 and identified several systemic factors requiring attention, among them unsafe work practices and inadequate regulatory oversight.^{Footnote 2} Commercial fishing safety has been on the TSB’s Watchlist since 2010,^{Footnote 3} and will remain on the Watchlist until concerted and coordinated actions by federal and provincial authorities, industry leaders, and safety advocates successfully influence and reinforce changes in behaviours and attitudes. The TSB also has 8 outstanding recommendations related to fishing vessels.^{Footnote 4} In particular, Recommendation M16-03 recommends that all small fishing vessels undergo a stability assessment and that Transport Canada establish standards to ensure that the stability information is adequate and readily available to the crew. The Board has assessed action taken to address this recommendation as unsatisfactory.

The foregoing is provided for whatever follow-up action is deemed appropriate. The TSB would appreciate being advised of any action that is proposed or taken in this regard.

Yours sincerely,

Original letter signed by

Clifford Harvey
Director, Marine Investigations