UPDATE on USCG Safety Regs

[ata]

Hi All:

Just received the attached update on USCG Safety Regulations since the 2012 USCG Re-authorization passed congress. Haven't even had time to read and decipher too much yet, but thought you might want to check it out.

NEW: Dockside Inspections
You will only have to be inspected every 5 years (2 years if you are required to carry a NMFS Fisheries Observer). The good news is that if you get the an exam and decal/certificate this year or next, you won't need another one until 2018 or 2019. That way, you could avoid the rush and waiting in Oct. 2015, when everyone will have to get into compliance and have an inspection. Just sayin'.

Safety First...

Dale
ATA

[Kelper]

This one jumped out at me. So, does this mean that if we take our trollers out past the 3 mile line, that we'll have to get some sort of certification to do so?

"Require training, or demonstration of knowledge and competency, for all individuals in charge of commercial fishing vessels operating beyond the 3 nautical mile demarcation line."

And the explanation:

Training for Commercial Fishing Vessel Operators: The CGAA added subsection, 46 U.S.C. §4502(g), that requires the individual in charge of a commercial fishing vessel that operates beyond 3 nautical miles to pass a training program and hold a certificate issued under that program. The program must address certain topical areas and it must be based on professional knowledge, skills, and competencies. The program also must recognize and give credit to the individual for recent past experience in fishing vessel operation. The training certificate will be valid for 5 years after which refresher training will be required to keep the certificate current. Note: The CGMTA did not change the training and certificate requirements, however, it did amend subsection (g)(4) so that the database listing the names of individuals completing the training need not be publicly accessible. 46 CFR Part 28 will be amended to reflect these requirements.

Why the change? Most commercial fishing vessel operators are unlicensed. A licensed operator is only required on vessels over 200 gross tons. The training requirement for operators will help ensure their competency to command the vessel. Individuals in charge of a commercial fishing vessel will have to pass a training program or demonstrate knowledge and competency in seamanship, navigation and publications, collision prevention, stability, fire fighting and prevention, damage control, personal survival, emergency medical care, emergency drills, weather, and emergency communication.

[salmon4u]

continued loss of freedom and liberty under the guise of safety. What we really need are regulations for monthly mental evaluations proving politicians and bureaucrats are fit to serve, and strict regulations on their incomes and service periods.. term limits

[mydona]

I remember years ago scrambling to get a First aid-CPR card as required by the USCG Regs. I wonder if that's the training required? I also remember how mad I was when I looked at the card and the 1st aid was valid for 4 yrs but the CPR for only 2

[Trnaround]

Mayday, my vessel is taking on too many regulations and the pamphlet is causing an extreme list (pun intended).

[ata]

Hi All:

As I mentioned above, I haven't had a chance to go over this new list yet, but wanted you to see it as you make preparations for the season. I'm sorry for the obvious confusion this caused, but knew folks would have questions once they start seeing things in the press. You now have all that I have.

My understanding is that many of the provisions on that list still have to go through a public process to to develop regulations, so they might be more like coming attractions that could be modified. Last I knew, licensing was part of that, but we need to analyze this new document and ask questions to see what, if anything, has changed in the rules and how USCG intends to deal with them. Here's a link that might help figure out what's required for your specific vessel: http://www.uscg.mil/d13/cfvs/DocksideExams/v67.swf Ken Lawrenson at USCG is usually a great source of information: 907 463-2810 Kenneth.Lawrenson@uscg.mil And Jerry Dzugan of AMSEA is chairman of the USCG advisory committee on safety rules, so he's a good one to share your concerns with on the regulations. http://amsea.org/
Here's the USCG site that posts safety info: http://www.fishsafe.info/

Congress taking action through the USCG Reauthorization has been a big source of confusion. There was already a rulemaking process in progress under the Commercial Fishing Vessel Safety Act (where all this stuff should occur!), so the passage of new/different legislation added lots of headaches for everyone, including the USCG. Still don't feel like I have a handle on all the ins and outs of how USCG intends to sort this out, and wonder if they do, either. That's made it difficult to put out any information to the fleet except to pass on what I'm given. For instance, which of the congressional items will have to go through the public regulatory process where we can all make comments, versus what is immediately required under law? Even vessel inspection, which immediately became law in 2010 has been modified twice since it was mandated in 2010!

So, standby and bear with as we continue to figure out the puzzle. Call the USCG and/or the folks above if you have specific questions - better safe than sorry.

Confused yet?

Dale
ATA

[curmudgeon]

Confused indeed! My first (under my breath) comment was "too vague for rules". My next thought was, why bother getting inspected now, if they will need to change most requirements?
That aside, it was only a matter of time before they closed the loophole between US-documented boats versus AK-number registered boats with regard to the difference in safety equipment required.
Also sounds like, if licensing of skippers is where they're going, they plan to grandfather in those already able to demonstrate "recent past experience". I wonder what that'll be...
It's bothersome how government generally insists on one-size-fits-all, which, in view of the success of the pooled insurance programs of SPC and SEAFAR, we don't seem too have much of a safety/loss problem, at least with the salmon troll-feet in Alaska.

[Once and Future]

The trouble with licensing criteria: Too soon we go from "We just need a few of the most basic rules that anyone would agree was common sense" to this: http://finance.yahoo.com/news/dmv-could ... 26174.html This is an article by an asshole who thinks the DMV shouldn't issue you a car driver's license until you can prove you are financially literate.

Consider my Commercial Driver's License. When they were first proposed it was just some basic "Long Overdue" certification. Now I just had to declare what type of commercial driving I do, and if I check the wrong box I need a Federal Medical card. Plus is my child support up to date, and we are legally required to put DOT numbers on the pickup trucks, and soon I bet GPS will be required so they can monitor in real time that I haven't left my authorized CDL zone. (Oh my God! Blatant disregard for the public safety issue!!!)

Salmon4U: Term Limits. Yes. Breaks up the crony network, plus companies would not be so likely to invest in politicians if they couldn't count on lifetime support. Some of the best advice I got from someone in-the-know: "If you don't like how things are going, NEVER vote for an incumbent". And yet the public has so much fear of the unknown they keep re-electing their abusers.

[Kelper]

I'd really like to hear more about the licensing, and seems like a bigger deal than the dockside inspections. Kinda sounds like a 6 Pack Captain's license to me. Next thing you know they could be requiring physicals, random drug testing, etc. What if they put a requirment that you need to be able to pull youself into a liferaft while in a gumbie suit or something like that? How many older gents in the fleet would be deemed medically unfit to captain a boat? Seems like a slippery slope we are going down.

[akfisher1978]

OaF you are right! People all across this Country are being "regulated" out of their jobs way too often! What I want to know is when are people going to stand up and say enough is enough and demand change! It isnt one thing per say in this or any industry but add up lots of small things that cost a little bit of money or freedom and next thing you know people decide to quit! Almost always its another boater that helps here in S.E. when an emergency happens! I say let the state "ourselves" regulate and we would all be in better shape!

[ata]

Hi All:

I think that licensing is one of the rules that will go out for public comment before official regulations are put in place. That means nothing is set in stone yet, except for the USCG requirement to develop something. Industry was able to get the grandfather provisions put in a few years back, but the fact is that licensing could be a coming attraction for the younger participants in the fleets.

No one is anxious to bring on new regulations, we have plenty to contend with already! Given our fleets good safety track record, this stuff just seems like overkill and busy work. But in the end we might not be able to avoid licensing, so should have a healthy discussion amongst fishermen and be ready try and shape the debate when it comes. It's a good idea to let ATA know what you most fear, versus what might be useful/practical licensing requirements. Shoot me an email if you have any thoughts and I'll start keeping a list for the board.

Dale
ATA

[Once and Future]

Dale, I certainly don't mean to besmirch your efforts. Trouble is, I have seen this going on for decades in other vocations. And despite the yeoman efforts of all, we negotiate from such a position of weakness that all we can achieve is slow surrender of our rights, one after another. We can try to take solace in the fact that the old timers get grandfathered in, with the youngsters bearing the burden. But the fact is, at the end of the day, the needle indicating hope for the future is pointing to zero. The fact that it comes on Friday rather than Tuesday doesn't console me much.

It is so hard to have any discussion without getting political, when our country is in such a sad state of affairs. People please keep posting more stories and photos! I need the uplift!

[akfisher1978]

What kind of License are we talking about? A USCG Captains License?

[ata]

Oh, no worries Once and Future... I hear what you're saying and, after decades in the troll industry, completely understand the frustration. I've been battling illogical safety regs for the fleet since congress first drafted safety legislation. And that's just one of the crazy items on our long laundry list of industry issues.

All I meant by my comments and request for thoughts is that, despite best efforts over many years of comment periods, USCG licensing has gotten closer to reality and, per usual, we are left with trying to make the best of a bad situation.

I'll attach ATA's recent comments to the USCG citizen's advisory committee, who was tasked this fall with making recommendations to the USCG on training and licensing requirements. I wrote on those topics directly, not because ATA supports, but because saying 'no licensing' is really not an option for the committee anymore. They don't write the laws, but were looking for information and ideas to suggest a program that at least makes sense to fishermen.

We can/will continue to express concerns about required licensing, and support any legislation or proposed rule that seeks to remove the requirement, based on the fact that piling on even more tasks and another fee is unlikely to improve safety for the fleet. That said, in those moments when we can't stem the tide, it's always nice to know if there are ways of doing things that can lessen the blow to the fleet. Obviously, you don't lead with your chin, which is one reason I suggest writing ATA offline for a more private fleet discussion.

Promise, we'll keep fighting. And maybe this thing isn't really over yet anyway, since the federal government doesn't appear to be in financial shape to take on new, unnecessary licensing programs - how many people are they laying off March 31??

It's been a tough year already, and this week has been particularly special, so I'm probably not a great one for providing the cheery-type-a stuff you requested. BUT...at the end of the letter below there are a couple pics of people doing what we all love best. And, it's a beauty day here in Southeast, so if you can - get off the computer and enjoy!

Cheers!

Dale
ATA