Marine Transportation Safety Advisory Letter 01/25

09 January 2025

Vice President
SAFE Work Manitoba

Subject:

Marine Transportation Safety Advisory Letter 01/25 (Occurrences M24P0139 and M24P0140)
Commercial fishing safety in Manitoba

In June 2024, 2 commercial fishing vessel accidents occurred on Lake Winnipeg, Manitoba, resulting in 4 fatalities. The first occurrence took place on 17 June near Norway House (M24P0139) and the second occurrence took place on 27 June near Grand Rapids (M24P0140). No distress signal was received in either occurrence. Both vessels were carrying life jackets, but the fish harvesters were not wearing them.

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

Since 2014, the TSB has received reports of 8 fish harvesters dying in commercial fishing occurrences in Manitoba, including these occurrences in June.TSB marine transportation safety occurrences M24P0139, M24P0140, M22P0389, and M18P0394. A comparison between Manitoba and Nova Scotia over a 10-year period showed that Manitoba has a rate of fish harvester fatalities that is 3 times that of Nova Scotia. Nova Scotia has the highest number of fish harvesters in Canada. Manitoba’s commercial net fishing is the second largest freshwater fishery in Canada, with approximately 1200 licensed fish harvesters in 2022.Fisheries and Oceans Canada, “Fishing-Related Employment by Industry and Province, 2019–2022,” accessible at https://www.dfo-mpo.gc.ca/stats/cfs-spc/tab/cfs-spc-tab2-eng.htm (last accessed on 03 December 2024). The fishery generates 13 million tonnes of fish annually.International Institute for Sustainable Development, The Case of Eco-Certification in Manitoba’s Commercial Fisheries (August 2024), accessible at https://www.iisd.org/system/files/2024-08/eco-certification-manitoba-commercial-fisheries.pdf (last accessed on 25 November 2024).

There are common safety measures that can be taken by fish harvesters to improve their likelihood of survival in an accident. Some of these are required under federal legislation (i.e., the Canada Shipping Act, 2001 and associated regulations), while other measures fall under provincial jurisdiction. Previous TSB investigations have discussed the responsibility of provincial governments for ensuring the safety of fish harvesters while they are engaged in harvesting fish.

In 1999, the TSB recommended that all provinces review their workplace legislation with a view to presenting it in a manner that would be readily understood by those to whom it applies, to help ensure that the enforcement mechanism and the regulatory regime complemented each other (TSB Recommendation M99-02).TSB Recommendation M99-02: Workplace safety on fishing vessels (issued 11 June 1999), accessible at https://www.tsb.gc.ca/eng/recommandations-recommendations/marine/1999/rec-m9902.html (last accessed on 21 November 2024).  At that time, some provinces did not have adequate fishing-sector-specific provisions and oversight in place. In response to M99-02, 7 out of 10 provinces submitted explanations of actions taken to address safety deficiencies, their actions were assessed by the TSB as fully satisfying the recommendation. The recommendation was closed with the response from Manitoba rated as “unable to assess,” because a detailed response had not been received from the province.

The 7 responding provinces described a variety of measures to ensure that fish harvesters readily understood the requirements for safely operating their vessels. For example, one province amended occupational health and safety legislation to clearly identify a fishing vessel as a workplace. Other measures included the development of fishing-specific outreach programs. Because commercial fishing safety is a shared responsibility, improved safety for fish harvesters in Manitoba may require collaboration between the fishing industry, government agencies, and those in a position to assist fish harvesters to operate safely.

The foregoing is provided for whatever follow-up action is deemed appropriate. The TSB would appreciate being advised of any action that is taken in this regard. An investigator may follow up with you at a later date. As the identified safety issue associated with these occurrences has been brought to your attention and consideration, it is anticipated that an investigation report will not be issued.

Original signed by

Lija Bickis
Acting Director, Marine Investigations
Transportation Safety Board of Canada

CC

Transport Canada
Manitoba Ministry of Economic Development, Investment, Trade and Natural Resources