In consultation with the fishing industry, AMSA has implemented two streamlined safety equipment lists for non-survey commercial fishing vessels, up to 12 metres in length, operating:
- within 200 metres from land in any waters nationally, and
- within two nautical miles from land in specified warm waters.
These lists are published on our website and commenced on 1 March 2021. Operators will not need to apply.
These lists have been implemented following a risk assessment of these lower risk fishing operations, as well as submissions received during industry consultation over a three month period in 2020. During this period AMSA received a total of 121 written submissions, in addition to verbal submissions received during consultation workshops.
Most submitters who provided comment, mainly fishers who would be directly impacted, strongly supported the proposed equipment lists. However some stakeholders suggested changes were required to both lists so that they apply to more operations. AMSA appreciates the time and effort made by all stakeholders who made a submission. The feedback provided has been taken on board in determining the changes that should be made in response to feedback received during consultation.
The arrangements will be reviewed against incident and compliance data over the coming months and if satisfactory, the streamlined requirements may be implemented permanently in the safety equipment standards which are currently under review. If this occurs, the arrangements will then be available to fishing vessels that are in survey undertaking these kinds of fishing operations.
- Background
Before the commencement of the National Law in 2013, Queensland allowed operators of commercial fishing vessels less than 10 metres in length operating in offshore, partially smooth and smooth waters to comply with recreational safety equipment requirements. They were not required to have a certificate of survey, undergo inspection or be crewed by persons with a certificate of competency.
These arrangements were broadly grandfathered however in 2012 it was announced that after a transitional period, all vessel operators would have to comply with contemporary safety equipment standards after a transitional period. From 2016, requirements to comply with contemporary equipment standards were introduced on a graduated basis. These requirements are set out in National Standard for Commercial Vessels (NSCV) Part C7A (safety equipment) and Part G (Non-survey vessels) as well as Exemption 40.
The problem
AMSA received feedback from fishing vessel operators that the safety equipment requirements for small fishing vessels are too onerous, do not reflect the risks of their operations and are impractical to apply. For some safety equipment, operators claim that they actually impede safety by taking up space in the vessel and forming a trip hazard.
The concerns have centered on the requirements for small (up to 12 metre) fishing vessels operating in fisheries in inshore (D or E) waters or offshore (C) waters close to shore (for example off-the-beach fishing vessels, bait gatherers, net fishing close to shore and cockle gathering) having to carry items like a liferaft, a buoyant appliance with 30 metres of rope, parachute flares, and fire extinguishers.
The requirements in the standards do not necessarily allow for operators to take a risk-based approach. AMSA continues to receive representations from fishing vessel operators and their representatives, particularly in Queensland, that current safety equipment requirements for small fishing vessels operating close to shore are onerous and do not reflect the risk profile of these operations.
To address these concerns, as an interim measure, AMSA committed to work with industry to put in place a targeted, risk-based alternative approach for small fishing vessels operating in warm waters until the review of safety equipment standards is undertaken later in 2021.
What we proposed
AMSA proposed two draft alternative safety equipment lists for certain non-survey fishing vessels: one for operators of vessels operating within two nautical miles of land, and one for operators of vessels in beach fisheries operating within 200 metres of land.
The proposed arrangements would apply to fishing vessels less than 12 metres and operating in specified warm waters in Queensland, the Northern Territory and northern New South Wales (from the internal waters of the Gulf of Carpentaria down to Ballina). The lists were also limited to single-handed operations, and in waters with a maximum wave height of up to 1.5 metres.
The items of equipment to be carried under each list is scaled depending on the distance from shore. For example, those operating within 200 metres carry less whereas vessels operating out to two nautical miles would need to carry more.
In summary, eligible vessels would no longer need to carry life rafts, buoyant appliances, parachute flares and large fire extinguishers in specific circumstances.
- Industry consultation
AMSA consulted with the fishing industry over a three month period commencing on 27 August 2020 and closing on 30 November 2020.
AMSA published two alternative safety equipment lists on our website. The consultation invited feedback on the alternative equipment lists and invited stakeholder to provide feedback on the following questions using the online form.
Question 1: Are the current equipment lists working for you?
Question 2: Are you a commercial inshore fisherman?
Question 3: What is your area of operation?
Question 4: What safety equipment do you think is essential to conduct your operation portable safety equipment onboard communication navigation equipment miscellaneous equipment?
Question 5: Is the proposed equipment list easy to understand?
Question 6: Do you support the proposed equipment lists?
Question 7: Do you have any ideas about how we can make safety equipment more practical and common sense for smaller vessels?
Feedback was also sought via social media platforms including Facebook and Youtube.
AMSA also held five regional consultation workshops at Yeppoon, Mooloolaba, Karumba, Cardwell and Brisbane. Participants were provided with a hardcopy of the website submission questions so that they could provide individual responses in addition to verbal submission provided during the group discussion.
AMSA’s consultative forums such as Regional Safety Committees and National Safety Committee were invited to provide feedback on the draft streamlined safety equipment lists, as were key industry associations representing fishing operators.
- Results of consultation
Submissions
AMSA received a total of 121 submissions during the consultation period allocated across the following consultation forums.
Written submission: 6 submissions
Online form: 36 submissions
Consultation workshops: 41 submissions (64 attendees)
Social media: 38 posts
Submissions received during the consultation period are below. The following provides a snapshot of the key themes.
- Key themes
Overall the concept of having streamlined safety equipment requirements for fishing vessels close to land was supported. A high number of submitters supported or partially supported the items required to be carried under each list.
However there were some areas where stakeholders suggested changes were needed. This includes:
- Expanding the beach fishing equipment list so that it applies nationally rather than specified warm waters.
- Expanding the list for fishing operations to 2 nautical miles from land so that it also applies to vessels that have more than one person on board.
- Expanding the list for fishing operations to 2 nautical miles from land so that it applies to fishing vessels operating within 2 nautical miles of a parent vessel.
- The minimum fire extinguisher size should by 1 kg regardless of fuel carried.
- The wave height restriction not supported because weather can change on calm days.
- The items of equipment to be carried should align with recreational boating requirements.
- The following items should not need to be carried:
- navigation lights
- blackball day shape
- VHF radio, MF/HF radio, Satellite phone and satellite emergency notification device not needed. Mobile phone is sufficient within 2 nautical miles
- lanyard on a bailer
- set of oars
- parachute flares
- fire extinguishers
- Response to industry feedback
AMSA appreciates the time and effort made by all stakeholders who made a submission. The feedback provided has been taken on board in determining the changes that should be made in response to feedback received during consultation.
Key changes made in response to feedback
AMSA made the following six key changes in response to feedback.
Issue Changes made The off the beach fishing equipment list should apply nationally. We have removed the warm water limitation and associated geographic boundaries for the off the beach fishing list. This means it will apply nationally. The equipment list for fishing operations to 2 nautical miles should apply to more geographical areas. We have expanded this list so that it applies to waters with a minimum monthly mean temperature of 20 degrees Celsius or more all year round. This means it will apply to fishing operations in northern waters from north of Ballina around to Coral Bay off the Western Australian coast. 400 metre from point of launch limitation for beach fishing is restrictive. We have removed the 400 metre point of departure limitation for the off the beach fishing list. However the requirement to remain within close proximity of shore-support remains. We have extended this distance to 400 metres of shore-support persons rather than 400 metres from point of launch. This means that a vessel may operate at a distance greater than 400 metres from the point of launch provided that the vessel remains within 400 metres of the shore-based support, and within 200 metres of land, at all times. The single-handed operation limitation should be removed. We have removed the single-handed operation limitation. However, where two or more persons are carried on board the vessel, an effective means of retrieving a person overboard needs to be carried. A lifejacket for all persons on board must also be carried. The 1.5 metre wave height limitation should be removed. The wave height limitation has been changed to align with the definition of ‘significant maximum wave height’ in NSCV Part B (2.5 metres). It is not possible to remove this limitation due to risks to safety associated with operating in rough weather conditions. The lists should be available to all new vessels conducting these operations within specified waters. We have amended the arrangements so that they apply to new non-survey type vessels operating in the specified waters. This includes new Exemption 40 vessels. Changes that have not been made
We have not made changes which would enable the 2 nautical mile list to apply nationally. The warm water limitation was included as international search and rescue data shows that a person’s expected time of survival in waters 15.6 to 21.1 degrees is two to four hours, and in waters 21.1 to 26.7 degrees can be indefinite. It was calculated that an unfit person swimming 25 metres a minute could swim two nautical miles to land in less than three hours. Expanding this list so that it applies nationally may create a risk to safety, specifically the risk of fatality associated with hypothermia. However, as noted above, the list has been expanded so that it applies to other waters where the minimum monthly mean temperature of 20 degrees or more all year round. This means it applies to fishing operations in northern waters from Ballina around to Coral Bay off the Western Australian coast.
We have also not made any changes in response to the feedback that the two nautical mile list should be available where the vessel is operating two nautical miles from a ‘parent’ vessel, in any waters and distance from land. The safety equipment standards for tenders operating within line of sight of the parent vessel already provide a streamlined set of requirements that is less than those proposed for the fishing vessels operating within two nautical miles of land.
Finally, we have not reduced the items of equipment that need to be carried. This is because the items are considered essential to reducing to key safety risks, or would otherwise be required if the vessel was used recreationally. However, where possible, we have reduced prescription around the length or capacity of the item to give more flexibility.
More information
Read the new equipment lists.
For further information on this consultation, please contact standards.secretariat@amsa.gov.au
- Summary of submissions recieved online
Table 1—Submissions received online AMSA received 36 submissions online and 41 individual submissions from the regional workshops.
Industry comment/submission Question 1: Are the current equipment lists working for you? Yes 18 No 54 Question 2: Are you a commercial inshore fisherman? Yes 56 No 16 Question 3 – What is your area of operation? South East Queensland 15 Northern Queensland 8 Northern NSW 4 Central Queensland 15 NSW 3 Darwin 1 Gulf of Carpentaria 23 Northern Territory 1 Tasmania 1 Whitsundays 1 Question 4: What safety equipment do you think is essential to conduct your operation? Portable safety equipment Torch 56 Lifejacket 72 Red hand-held distress flare 63 Orange hand-held smoke signal 63 Waterproof buoyant torch 52 V Sheet marine 62 Onboard communication One or more of the onboard communication methods must be recorded as part of your SMS 27 VHF marine radio 39 MF/HR Radio 3 Satellite phone 10 Satellite emergency notification device 14 Mobile phone 53 Navigation equipment Navigation lights 62 Blackball day shape 4 Sound signal (horn) 12 Compass or Global Navigation Satellite System (GNSS) 23 Chart or map of the operational area 21 Electronic navigation device 41 Miscellaneous equipment Anchor with chain and/or rope 65 Bailing bucket 54 Bilge pumps 44 Set of oars (2 oars) 19 First aid kit (with instructions) 56 Emergency drinking water 55 Fire blanket 27 Fire extinguisher 52 Other comments received about equipment
All current safety equipment required for use in relevant area of operation on commercial fishing boat.
Fisherman will know what works in their area. Small open dinghy often have no protected area or room for VHS radio, etc.
Navigation equipment is not necessary when working in daylight hours in inshore estuary systems in small open dinghys. VMS allows tracking of boat position as required by state govt.
Bilge pumps are not practical for small open dinghy. Operator/owner want to protect their vessels and will have one where warranted.
Not practical to have instructions with first aid kit.
Fire extinguisher not practical for small open dinghy. Have had instance of a crab bin hitting a fire extinguisher and setting it off whilst working. Min fuel amount should be 60lt. 25lt is not viable amount to work with.
Bilge pumps only if not sealed hull with survey. Paddles instead of oars. Keep first aid kit simple.
Paddles instead of oars. Some equipment isn’t necessary.
No lifejacket, Bailing bucket, set of oars, first aid kit, emergency drinking water, fire blanket, fire extinguisher not in ocean beach.
2 set of oars?
Fire extinguisher 500gram.
VHF marine radio unless main boat. GNSS depending on size of boat and what it is used for. Fire extinguisher 1kg only.
Onboard communication – only 1 type onboard. Bilge pumps for bigger boats. Fire extinguisher for bigger boats.
Bilge pumps if required for risk assessment.
1kg fire extinguisher.
1kg only fire extinguisher.
No set of oars.
First aid kit with no instructions.
1kg only fire extinguisher.
Portable safety equipment is for net dingys operating with a parent vessel.
Onboard communication equipment is on parent vessel.
Chart/map of operational area, electronic navigation device and fire blanket on parent vessel.
Portable safety equipment not for net dingys operating off a parent boat within line of sight.
Most definitely easy to understand and should be made to include multiple crew not just a single crew/operator.
Question 5—Is the proposed equipment list easy to understand?
Yes: 55
No 13
Question 6—do you support the proposed equipment lists?
Yes: 23
No: 16
Maybe: 29Question 7—Tell us why you do not support the new equipment lists
I think there is too much safety equipment to be carted around in small boats where it can't be stored safely.
My business is focus on beach hauling. A beach haulers boat never ventures any further then 100m offshore. Our vessels are nearly always attached to the shoreline be means of the net we shoot. The jet boats we use are very wet boats so any equipment we are made to carry will get wet or damaged and there’s is the danger of entanglement of objects in the net if too much safety equipment is required. It also must be noted there is generally the skipper and a deckhand in every beach haul shot.
It’s too much for in shore working.
Already have two epirbs in life rafts plus one in wheel house, why a float free one?
A cost that boats in same survey, with positive flotation don’t have to bare.
I can't see the point in having equipment beyond what a recreational vessel would need operating sheltered and smooth waters in waters shallower than 2 m at low tide, I follow the tide line where is torches the shore in the case of working bait along the beach and I am out of the boat not in it standing in water sometimes up to my neck and if in the creeks I am using a cast net from the tiny or again out of the boat dragging a bait net on a shallow sand bar , hand held radio isn't needed when it's can get my phone out of the water proof box and make a call which is far more reliable. A map is no good to me and neither is a compass as its not like I don't know where I am going, if I get into real trouble I would just walk home.
I have 2 vessels and 1 has been used commercially for a few years and my new dinghy has to have twice as much safety equipment, like a life ring, in a single handed operator and I have to have life rings and all sorts in a dinghy.
FYI. I have a Master 1 Certificate and have been Master for a number of years. I work an outboard powered 6.7 m handline boat, single handed. My range is up to 10 M to sea and 10 M parallel to the coast. I can contact the local Coastguard at all times by VHF and mobile phone. Please extend the range to 10 M at least to a vessel carrying an OG1. A limit of 2 M is ridiculous!
Handline and trap vessels work out of Evans Head where I am based. Global warming and the penetration of the E Coast current ensures that being only 15 M S of Ballina we are washed by the same temperatures. Please revise the tropical zone to extend to the N wall at Illuka which is far more practical. Our temperatures during winter seldom go below 20 DegC these days.
Carrying a specific bailing bucket is unnecessary as we always carry buckets for thawing bait etc and in my case have a self-draining deck and an under deck auto directly wired to my dual batteries For a small vessel a 4.5 Kg extinguisher is a bulky object for small vessels with minimum under cover storage and could be replaced by a 2.5 Kg option that will fit into a dry area with ease. Requirement to check the extinguisher by a licenced professional tester 6 monthly considering the vessel might only work an average of less than 3 days a week seems to me to be an overkill. Annually would be more practical, and perhaps the skipper could do a 6 monthly check of the pressure is in the green and invert the extinguisher a couple of times to ensure the powder is still dry.
After a lifetime at sea certain of the small boat AMSA requirements are totally unrealistic for a sub-8 m boat. eg. none of us ever use or carry a sand anchor but always carry reef anchors (as handlining is mostly carried out anchored over rock bottom, or trolling/drifting.).
AMSA requirements for a 16 mm anchor rope for a boat my size indicates a total unrealistic knowledge of working on a small boat under 8 m. By having to carry such a large diameter rope an effective anchor weight (hand pulled) would be impossible to haul up. (No such thing as an anchor winch in a 6 m tinny!) and using a much lighter anchor , it would not even find the bottom (friction in the water). At present I anchor with a 10mm rope and about an 8 kg reef pick with which I can not only anchor effectively and exactly where required, but most importantly, I have sufficient power to break the rope should I be unable to retrieve a stuck anchor. 99.9% of the time the rope will break at the anchor chain where most wear occurs, avoiding having to cut the rope on the surface.
First aid kits recommended by AMSA surveyors are enormously comprehensive St John's 1st Aid Kit which are far too large to store in a small boat water proof space. Vessels under say 8m are mostly planning vessels and within an hour at most travel from Evans Head. a smaller kit comprising simple dressings such as gauze, sticky plaster, cotton wool etc with anti-septic ointment/liquid and aspirin would cover minor incidents. Any major injury can be dealt with on arrival back, or by a Medic carried by the Coastguard if a lone operator gets into serious difficulties.
Regarding charts, fog signals etc. We are in sight of land, and very seldom experience fogs out at sea past the breakwater entrance. Occasional mist lies over the creek, rarely extending seaward. To make a commercial catch we must be extremely aware of our position and always carry our land clearing details and navigational waypoints on chart plotters, or as waypoints on simpler GPS's.
Day shapes and life rings are totally impractical on our 6 meter boat
My boats are 5m or less there’s just too much stuff
First aid kit with no instructions. 1kg fire extinguisher. High vis clothing. Why would you want a torch that’s not waterproof.
Do not agree with all proposals. Don’t think certain equipment is necessary.
Too much gear. Should have more than one person on board.
2kg fire extinguisher to bulky for 5m boat. Don’t want black ball (not necessary). I would like to see the compass and chart or electronic navigation device be the same for new vessels. Ie. Not all three. Think a horn is unnecessary within 2nm.
Small boats
Send out a list of the right information and items list so we can get the right gear. I have been boarded twice now and been told twice of different items that I need to purchase I’ve done this and then bought it again and got told that I didn’t need to buy these items so use need to be all on the same page and stop all of this bullshit send out a list of what we really need to have and stick to it
At present you are making rules for one industry and not all, even though recreational fisherman have high paying careers and can afford changes more than anybody and are going to sea with less experience and more frequently than your average commercial operator as it’s becoming uneconomical to do so, the current and proposed lists are hurting us financially in combination with other fisheries rule changes.
It is becoming hard to justify going to work at all anymore in fear of getting fines that make your average ice head granny basher bolt in fear. At present a lot of us commercial operators are suffering from ptsd from enforcement officers focusing efforts on commercial industry so much we have nightmares at night and suicide is killing us more than any ocean could especially when you spend half your time at sea filling in logbooks and safety management books and fisheries books when you should be getting rest and sleep instead to operate safely instead of worrying constantly you going to get boarded and totally destroyed for compliance over paperwork which has no bearing on safety at all no matter how an officer tries to justify it.
Pending cost and practicality
Requirement for wearing of PLB
The new proposed changes are much more practical and should definitely include multiple crew not just a single operator. The requirement to carry some of the new safety equipment (life raft, life ring etc.) in small inshore crabbing and netting outfits is impractical and can take up significant room in what can often be a purpose designed work vessel and can also be dangerous when trying to accommodate some of these items in the confined space available especially with a full payload. The draft equipment lists are definitely practical and should be made to include multiple crew not just a single crew/operator. I think that AMSA should revisit some of the requirements for commercial vessels regarding survey as this has made new for old replacement and upgrade of small work vessels very difficult if not impossible and has had a very serious impact on the industry. Also clearly define the ability of other agencies/departments to enforce requirements especially some QB&F officers as the last few years they have used these new requirements to make things very difficult in some more remote areas of operation.
I think in 3E waters it should be the same safety equipment as used on recreational fishing boats.
This list is inconsistent with other safety equipment lists that require vessels to have a lifering even if they only have one crew member and the size of the vessel makes it impractical. When AMSA is asked why this is required the answer is to fulfil SOLAS obligations if you locate someone who needs to be rescued. Does warmer water for some reason negate SOLAS obligations or is the answer AMSA gives to other operators when they question the need for a lifering just lip service or a lie to operators.
Rather that developing a list specific to areas that is not consistent with all other AMSA equipment lists AMSA should review all safety equipment lists and develop consistent and logical requirements that relate to the vessel size and type of operation.
I believe every vessel should carry a defibrillator these days.
Show safety equipment pictures and information at the boat ramps, and the pontoons.
Definitely on the right path with this kind of thing ask the people who do it each day.
Its great to see you are asking the people who do this work.
Kali type life boats instead of inflatables. Our operation is typically a day boat, in warmish waters. Our biggest risk is bar crossing, doubtful if life boats would deploy in shallow water. Boats with positive flotation have NO rafts of any description.
Keep the safety equipment list just like the current recreational safety equipment list in Queensland, this is more than adequate for smooth water operations such as bait gathering, these boats are small an open and usually (tiller steer as in my case) get a fair amount of salt spray, first aid kits should be essential on all boats regardless of size and operational area. Boats working water deeper than 2meters at low tide should have bilge pump/s, my bait operations are conducted in water less than 2 meters at low tide and I spend most of the time out of the boat in the water dragging by hand and mostly working the tide shore contact line back and forth so my feet are on the ground.
There is limited space obviously on smaller vessels and equipment list should reflect that
What we have now is enough
So many proposals (which seem to be legislated at present) are impractical and cannot apply realistically to at least a sub-7 m length boat, probably more like under an 8 m boat.
All paddlers are required to wear a life jacket in NSW. This is an excellent idea for recreational paddlers and fisher people but is DANGEROUS for competitive kayakers who are training or competing. Competitive kayakers and canoeists paddle hard and generate a great deal of body heat which gets trapped by the lifejacket in their core area. This then leads to overheating and serious health effects including heart attack and stroke. Lifejackets for these people are no longer a safety device but one that can KILL. PLEASE, PLEASE work with us to get the rule changed for the safety of our athletes.
Need to let new boat in the industry as there getting older and unsafe but to get one made cost too much
I find that with the current AMSA regulations is often guided by over reaction. The latest upgrade to a float free EBIRB is something that is not needed. We now have 3 EBIRBs on board. I could understand if there was an upgrade initiated when your current EBIRB was due but to just say “as of 1st Jan”. ALL vessels need a float free is just a recipe for the manufacturers to charge what they want. After purchasing mine I found that I had paid over 500 dollars for a plastic cover...total cost of the EBIRB was over $800.
Look at navigation equipment re-assess. Black ball day shape not needed.
No need for day shapes. No horn needed. No life raft needed. No need for ores, try row a 5m tinny impossible.
Safety equipment should be same for Moreton Bay as for 2nm offshore. The proposal should include Moreton Bay.
Less is more. Too much gear overloads small vessels.
Equipment lists need amendment
Protection for fire extinguishers
Most items are good/used for operations. Life rings/raft not practical.
As a Hire and Drive (4C) operator, I find the current requirements unsuitable for our vessels in the area we operate. Our vessels are only small and there isn't sufficient storage options onboard to carry a large fire extinguisher and a buoyant appliance. In addition, our vessels primarily operate along the 5.6km long Lucinda sugar loading jetty which theoretically the vessels need to carry an EPIRB and parachute flares. I believe these items are unnecessary considering the jetty is manned and has a private road which vehicles use frequently. In addition, there are access ladders and platforms along the jetty that could be used by my customers in the event of an emergency.
It is very hard in a hire boat for people to leave the extinguisher alone.
Make rec and commercial the same what is the difference we’re all on the water in the same place doing the same thing what a joke.
Illuminate logbooks and safety management systems that have no bearing on saving lives what so ever and let commercial operators operate and use their little time in between weather windows to concentrate on operating safely and make money without fear of prosecution in a time where 30% of time at sea is taken up with compulsory logbooks from fisheries and such causing us to operate longer in rougher weather with less sleep to make up lost time making it more dangerous than necessary to justify staying in business.
Other general comments
Practice common sense and apply years of acquired knowledge regarding prevailing weather conditions and area of operation and equipment to be used for different aspects of fishing. Comply with regulations regarding safety equipment and maintain training on use of equipment if necessary. Marine radio and cooperation with other fishermen in the area also a key safety factor. In short I believe being 3rd generation in the industry that it is very safe and has an excellent record of safe conduct and is manned by very resourceful people who take the matter of safety very seriously and have maintained an excellent standard of safe conduct long before these additional requirements were forced upon us.
Mick Bishop came to Yeppoon to hold a consultative meeting with the local commercial operators. This was successful and gave the operators a perfect chance to discuss their needs. Much appreciated.
Communication requirements for new vessels are over the top, possibly not required for the task at hand. Navigation requirements for new vessels are also over the top, not required.
No need for day shapes.
No horn needed.
No life raft needed.
No need for ores, impossible to row a 5m boat.
Max have height of 1.5m what happens when weather blows up while working, 1.5m need to be removed.
New vessel safety list should be the same as existing.
No - everyone tries to be safety wise.
Moreton Bay is it under 2nm.
- Submissions received separately to the online submission form
AMSA received six submissions separately to the online submission form. Names and other identifying information have been removed from the report prior to publishing.
Submission 1
After recent phone calls regarding proposed safety requirement list for single handed fishing operations I would like to share feedback on the draft. I am a GoC Inshore Barramundi Fisherman with 38 years experience in the industry and I have concerns with the clarification /interpretation of AMSA regulations by QBFP if implemented soon. I would suggest that the full picture is not being seen relating to my individual net dingies with their own CoO operating within the FQ Regs permitted distance. I operate generally two licences but lately 3 GoC Barra licences and have net dingies 4.25M and 5M as primaries under fisheries regs working within two nautical miles of land or AMSA’s determination. “Inside a line that is 2NM seaward of L.A.T” (this is now how it needs to be worded) AMSA’s definition and QBFP’s definition of a primary are very different. I can work with and have adopted the January Safety Checklist but worry fisheries interpret my primary dingy (5M) as being subject to the full complement of equipment even though it works with a parent vessel. This is out of the question as it is unable to carry that much equipment safely. My vessels (Net Dingies) operating from a parent vessel with each CoO do go away from” line of sight” in bending rivers/creeks and near shore, so to comply with proposed lists the “line of sight” needs to be removed. Whilst “line of sight” is not attained they become AMSA primaries and now can drop down to the minimum proposed list, but however determination from QBFP as a fishery primary I am back to the near full compliment even while working within the 2NM line seaward of L.A.T. “Single Handed Fishing Operations” the proposed list exempts operators from buoyant devices and I feel penalised even though I work the same area of operations, if multiple crew are not included in the proposal we will be subject to life rafts in dingies as I feel it is being overlooked and will add increased long term costs. AMSA’s clear policy to determine appropriate crew members who manage safety risks are not addressed in the new proposal and does not give us the opportunity to determine appropriate crew. I can relate to a maximum of one (1) life ring/cell for Primary Parent Vessels with one or more crew as it is safer with more people on board, but no life raft within 2NM seaward of L.A.T, and if no exemption is applied here we will be back to the drawing board of life rafts in dingies.
Also I want to clarify “Coastal Bars” as every creek in GoC and near shore areas have coastal bars, this can be seen by QBFP and misinterpreted as “must wear a life jacket” at all times. GoC must be exempt from this wording.
My dot points are:-
- Change AMSA’s word “Primary Vessel” to “Mother Vessel” to avoid misinterpretation from QBFP.
- Change “2NM from Land” to “Inside a line 2NM of seaward of L.A.T” ( this can not be misinterpreted)
- Include multiple crew vessels in proposal draft to avoid having a life raft in net dingies or excessive unpractical equipment whilst working with Parent (Mother) Vessel in similar area of operation inside 2NM of seaward of L.A.T.
- Remove the “Coastal Bars” from draft specifically relating to GoC as this can be misinterpreted to “wear a life jacket at all times” by QBFP. (Understandably southern Queensland do have “Dangerous Bars”)
- Consultation must be extended from 7th October 2020 to later as many boats are still working or transiting back to Karumba Port as the season closes midnight 7th October 2020.
- I don’t have any objections to the proposed safety checklists as long as clear clarification and minor editing is made with regard to AMSA “Primary Vessel” becoming “Mother Vessel” and inside “2NM seaward of L.A.T” so it won’t be misrepresented/ misinterpreted by QBFP and “Line of Sight” needs to be removed and the legislation amended.
- Exemption extended to multi crew vessels working inside 2NM line seaward of L.A.T. Life rafts exempt from vessels under 12M 2NM line seaward of L.A.T.
I hope my dot points and concerns are considered before you make final decisions.
Submission 2
Appreciated the new safety equipment lists and thought they were good.
Wanted safety equipment lists to be the same for new vessels and grandfathered vessels. Quite often a lot of the grandfathered vessels don’t think that the same rules apply to them as to new vessels coming into operation. Felt like new vessels were being penalised. Biggest feedback/concern wanted to make note and if this could be considered: The recent cyclones, in particular Cyclone Debbie, has changed some of the coastline where he operates and in particular those areas where he would do his crab fishing, he would like to know if it is possible to issue an Exemption of some kind for 3D vessels to “transit” through C waters to get to D waters. He exits a river mouth (D waters) is required to transit through waters (C waters) to get to the next river mouth (D waters). Often these waters are only a very short distance but can make his operation very difficult, for example the Don River.
Submission 3
The equipment lists should apply to all of NSW. Some people indicating the lists were good but they were not happy with the cut off at Ballina and indicated the single person requirements could lead to people being less safe.
Submission 4
Congratulate AMSA on taking a practical approach to required safety equipment and believes such rationalization should be used across all areas.
We request that:
AMSA extends the warm water designation that reduces the safety equipment list further south of Ballina towards the Sydney region
AMSA extends the reduced safety equipment requirement to the NSW Ocean Hauling fishery.
Submission 5
Thank you for the opportunity to comment on this important matter found at [Why we are making changes to equipment lists]
[Industry association] is the peak industry representative body for the commercial fishing, pearling and aquaculture industries in WA. In total our membership covers over 1200 vessels and 4,000 individuals and the industry produces in excess of $800 million GVP per annum.
A significant number of these operators are small inshore vessels <12 metres in length operating in C waters without level flotation.
[Industry association] received advice from [industry association] representing the majority of industry operating in this inshore category seeking inclusion of the following comments in this submission.
It is our view that all regulators must implement policies, processes and practices that reflect the Minimum Effective Regulation (MER) to manage the issues that apply to the particular environment. There is consistent comments from industry that the AMSA requirements are focussed on a one-size fits all approach that is consistent with the corporate entities operating in the offshore sector, shipping sector, etc. It is the view of this category of vessel owners that there is not enough nuanced approaches by AMSA that specifically manage the needs of small, unpowered and powered inshore vessels nor for the practical reality of the general commercial fishing industry.
This ‘one-size-fits-all’ approach results in situations where industry must seek the involvement of people like Chris Battel (AMSA WA) to come to Esperance to workshop with industry, regarding matters such as the addition of an icebin on deck which is low risk for the vessels in question and should not be the subject of regulatory burden. In many cases industry is squeezed between AMSA rules and another regulator’s requirement (eg food safety) or that of the end-user (market requirements regarding quality). The former Productivity Commissioner, Gary Banks stated that the implementation of Minimum Effective Regulation in the mining industry was what resulted in the huge growth in the sector. This is the game-changing innovation the inshore fishers of the SSPWA are in need of. We will continue to push for MER at every opportunity and look forward to the support of [Industry association] and AMSA in this endeavour.
1. AMSA Proposal - Small vessels, operating close to shore, in warm waters, with low wave height and no crew.
[Industry association] notes in the tabled documentation that AMSA advises it has listened to feedback that current commercial safety equipment standards may be impractical for some vessels, particularly for small vessels operating close to shore, in warm waters (minimum year round temperature of 20deg), with low wave heights and with no crew. We note that AMSA is seeking comment on proposed equipment lists for these specific operations but has limited the operation area to Qld, NT and northern NSW only.
[Industry association] supports the AMSA proposal to set equipment lists appropriate to the operational risk in focus (ie small vessels, operating close to shore, in warm waters, with low wave height and no crew). However the proposed limit in operation to only waters of Qld, NT and northern NSW is perplexing. The basis of establishing a National Safety management system was to remove the significant number of jurisdictional approved operation or area specific exemptions/licences that created significant barriers to vessel movements across jurisdictional borders, added administrative complexity and cost.
[Industry association] recommends that AMSA simply extend the option nationally for all Australian domestic commercial vessels, <12m, operating close to shore, in all waters, with low wave height and no crew. We note that AMSA is proposing that there be no application required to use the alternative equipment lists. Vessel owners and operators can then carry out the risk assessment for their vessels against these parameters and water temperature when establishing their safety equipment lists and safety management systems.
[Industry association] also proposes an alternative to the proposal for single-handed operators to have to employ someone to watch them from the land. This is impractical. [Industry association]proposes this issue may be dealt with under a ‘launch and return’ registration system where the operator must call a non-operational person at launch and commit to a return timeframe. An agreed action plan should then be activated should the operator fail to call in at the return timeframe. [Industry association] supports operators should wear an appropriate PFD at all times whilst on the water.
2. AMSA Consideration of Other Eligible Operations and Waters
[Industry association] also notes in the tabled documentation that AMSA has received feedback about the impracticality of safety equipment standards for vessels operations conducted in more waters than listed in the tabled proposals above. AMSA states in the tabled documentation that it is prepared to consider if a similar list can be established for any such an operation. We understand that any such proposal will need to be risk assessed.
In a submission on 27th February 2019 (responding to an AMSA consultation paper on float free EPIRBS on vessels <7.5m) [Industry association] outlined a ‘alternative arrangement’ on behalf of the Western Australian beach netting fishing industry. In that submission we provided a copy of a previous WA Department of Transport (Marine Safety) exemption (WAMA 2013-00860) established for commercial beach netting vessels less than 6.5m. A copy of this exemption is attached to this submission.
The WA exemption limited operations to:
- operating area no more than 200m seaward of the coast and 400m either side along the coastline from the point of launching
- vessel sole purpose is deploying or moving nets or traps
- one person in the vessel during commercial operations
- one person on shore dedicated to observing the vessel when operating
- if fitted with a motor greater than 4.5kW (6HP) and recreational skippers ticket is required
- catch is never retrieved or stowed within the vessel
- safety management system (SMS) should be in place for the entire beach netting operation, inclusive of the vessel operation
- the person least exposed to risk (as determined by the SMS) shall hold a Senior First Aid qualification.
The equipment list required by the WA exemption is:
- If a motor fitted – a dry powder fire extinguisher (minimum size 0.9kg) complying to AS/NZS 1841.5:1997
- If vessel not fitted with foam floatation, a PFD Type 1 or complying to AS4758 to level 150
- If operating in darkness, an effective waterproof light source or strobe able to be observed from shore and a PFD fitted with SOLAS lifejacket light
- A bailer
Comparing the equipment list of the WA exemption for beach netting vessels with the tabled AMSA Draft #2 proposed equipment list for single-handed beach fishery operations (200m seaward of land and 400m from point of launch), on vessels less than 12m in length, operating close to land and in warm waters - one sees very strong similarities.
[Industry association] seeks AMSA agreement to allow the beach netting fishing industry in WA to operate using the safety equipment lists (as outlined above) while limited to the operational parameters (set out in the dot points under 2 above) including 200m seaward of land and 400m laterally either side from point of launch.
[Industry association] also proposes that there be a requirement for single-handed operators must hold a current first aid certificate and that someone within a beach seine netting team holds a current first aid certificate.
[Industry association] has no hesitation in coordinating discussion on this matter between our beach netting industry and AMSA. [Industry association] looks forward to AMSA advice on the positions reached following this public consultation process.
Submission 6
Portable safety equipment 3C, 3D & 3E within 2nm of land and 3C-Restricted within 2nm of land
- Lifejacket – Level 150 = Support
- Red hand-held distress flare = Support
- Orange hand-held smoke signal = Support
- Waterproof buoyant torch = Support
- V sheet marine = Support
Onboard Communication 3C, 3D & 3E within 2nm of land and 3C-Restricted within 2nm of land
- One or more of the onboard communication methods must be recorded as part of your safety management system (SMS) = Support
- VHF marine radio = Not needed for the inshore fishery – a lot of regions along the coast (e.g. Bowling Green Bay) are black spots.
- Mobile phone coverage is sufficient.
- MF/HF Radio (approved by ACMA for maritime use) = Not needed for the inshore fishery – because we operate within 2 nm. Mobile phone coverage is sufficient.
- Support for offshore operations as satellite coverage not great.
- Satellite phone = Not needed – because we operate within 2 nm.
- Satellite Emergency Notification Device = Not needed – because we operate within 2 nm.
- Mobile phone (if within the coverage area) = Mobile phone coverage is sufficient.
Navigational Equipment 3C, 3D & 3E within 2nm of land and 3C-Restricted within 2nm of land
- Navigation lights = Support. However, the requirement for a white light while moving is a vision hazard – that is, the white light use in small vessels at night can diminish vision. This is a serious concern at night as judging the movement and/or managing speed of vessels at night is impacted by white light.
- Blackball day shape = Not needed for the inshore fishery – because we have highly visible commercial fishing identification (black numbering on a yellow background) and vessel monitoring.
- Sound signal (horn) = Not needed – environment in which we operate.
- Compass or Global Navigation Satellite System (GNSS) = Not needed – potential entanglement danger. Most commercial inshore fishers have a navigation app on their smartphones.
- GPS and sounder combination on vessels negates the need for GNSS.
- Chart or map of the operational area = Not needed for the inshore fishery – not needed as mobile phones and line of site sufficient to operate safely.
- Electronic navigation device = Not needed for the inshore fishery.
- Miscellaneous equipment 3C, 3D & 3E within 2nm of land and 3C-Restricted within 2nm of land
- Anchor with chain and/or rope = Support
- Bailing bucket = Support but no rope attached as it creates two hazards on small vessels – a tripping and entanglement hazard.
- Bilge pumps = Support I not self-draining.
- Set of oars (2 oars) = This requirement should be a judgement call in an operators SMS and not be a mandatory requirement.
Emergency equipment 3C, 3D & 3E within 2nm of land and 3C-Restricted within 2nm of land
- First aid kit (with instructions) = Support – a small kit is all that is required.
- Emergency drinking water = Support
- Fire blanket = Not needed – quicker to react with an extinguisher.
- Fire extinguisher = 1kg size is enough for both.