ATLANTIC CITY, N.J. (AP) — Proposed federal legislation would require mandatory safety inspections of all commercial fishing boats and training for vessel operators.
The bill, already approved by voice vote in the U.S. Senate and House of Representatives, but awaiting a signature from President Barack Obama, also includes stricter safety standards for smaller fishing vessels.
"It's still going to be a hazardous occupation, but this will make it safer. This will help," said U.S. Rep. Barney Frank, D-Mass., a sponsor of the bill.
Bruno Freitas, chief of staff and legislative director for Frank, said Obama has said he will sign the bill. Frank has been pushing the bill since 2006 in response to fishing deaths off the New England coast, primarily from the Port of New Bedford.
Similar safety issues also have been hotly debated at southern New Jersey ports, including Cape May, where nine fishermen died at sea in 2009 when the vessels Lady Mary and Sea Tractor sank, and at Point Pleasant Beach, which lost two fishermen aboard the vessel Alisha Marie.
The U.S. Department of Labor ranks commercial fishing as the most dangerous occupation in America. The economic recession has caused workplace fatalities to decline nationally from 3.7 deaths per 100,000 workers in 2008 to 3.3 fatalities in 2009.
Fishing has not seen a similar drop, as deaths increased from 128.9 deaths per 100,000 workers in 2008 to 200 deaths per 100,000 workers in 2009. Logging came in second last year at 61.8 deaths per 100,000 workers. Greg DiDomenico, who directs the Garden State Seafood Association, said the industry will cooperate with the Coast Guard to implement the law.
DiDomenico had been tracking the bill for four years and was concerned some fishermen with older vessels would not be able to comply and would be driven out of business. He was pleased to see the final version of the bill offer some leeway through something called the Alternative Safety Compliance Program.
"It's for older vessels that can't meet all the new standards. This could be very beneficial without compromising safety. The association is for safety and practicality. We support the Coast Guard and will try to work with them in the implementation process," DiDomenico said.
The March 24, 2009, sinking of the Cape May-based Lady Mary, which took the lives of six Cape May County fishermen, led to a push for safer fishing boats.
On Aug. 14, 2009, Adm. Thad Allen, who was the Coast Guard commandant at the time, held a press conference in Cape May to call for mandatory safety training for fishermen, inspections of boats and stability tests on vessels. Frank's bill includes some of what Allen wanted, but puts it in place by law instead of through the regulatory process. The Coast Guard supports the bill.
"I'm sure it will cut down on sinkings, loss of property and loss of life," said Coast Guard Fishing Vessel Safety Program Coordinator Donald Lajavic.
All federally permitted vessels would undergo dockside inspections twice within a five-year period. Inspections are now voluntary. Lajavic said the Coast Guard will have to rely on auxiliary members to meet this mandate. It has used a mix of active duty and auxiliary members to conduct voluntary inspections.
"If we have to do every vessel, it will take a lot more people. It will increase the safety. We'll be able to board all the vessels and make sure they meet minimum standards," Lajavic said.
The bill makes safety training mandatory for vessel operators including a refresher course every five years. It is now voluntary. A publicly accessible database will show who has had training. It also provides $3 million annually for training. Logs will be kept of onboard safety drills. The bill does make training voluntary for crew members, but Lajavic said vessel operators will be trained to train the crew.
The bill proposes stricter safety requirements for vessels 50 to 79 feet in length. New vessels 50 feet or larger, or those being retrofitted, would have to be constructed according to prescribed standards, such as those outlined by the American Bureau of Shipping or ABS.
Beginning in 2018, vessels that are more than 50 feet and older than 24 years will have to meet new standards developed by the Coast Guard in cooperation with the industry. This could include stability tests, which currently are not required for vessels 79 feet or less.
Any vessel larger than 79 feet would need a "load line" painted on the boat. This line will show how low the boat can go in the water before becoming unsafe.
The bill standardizes safety equipment required on boats but gives the Coast Guard the power to exempt vessels from some requirements based on where, when and how the fishing is done. It also supplies funding for the Coast Guard to do safety research on topics including vessel design, survival equipment, communications, severe weather technology such as de-icing and electronic tracking of vessels at sea.
Frank tried to get the safety provisions enacted in 2006 when the nation's primary fishing law, the Magnuson-Stevens Fishery Act, was reauthorized. Freitas said there have historically been fewer deaths on vessels that had more safety training.
"We think we are making a profound impact," Freitas said.
The Coast Guard still must draft some of the new standards. DiDomenico's concern is those standards, such as stability testing or requiring watertight bulkheads, could be hard for some fishermen to meet and stay in business.
"I'm not completely convinced all vessels will be able to comply," DiDomenico said. Freitas said most new vessels already comply and there will be a grace period for older boats.
"We heard this will not be a problem by 2018," Freitas said.
