email editor
The Department of Transport has issued safety recommendations following the grounding of the FV Dearbhla at the Blaskets, Co Kerry in 14 May 2020
The Department of Transport has issued Marine Notice No.11 of 2021 which brings to the attention of all fishing vessel owners, operators, skippers and fishers a recent report published by the Marine Casualty Investigation Board (MCIB) into the marine casualty involving the fishing vessel ‘FV Dearbhla’ at the Blaskets, County Kerry on 14 May 2020.
The full report may be attained at www.mcib.ie
In response to the recommendations of the MCIB report the Department of Transport reminds all fishing vessel owners, operators and skippers, and crew of fishing vessels of the following requirements:
- To ensure all navigation is planned an adequate detail and that passage plans, was contingency plans where appropriate, are compiled and made known to the crew of the vessel. For further information on voyage planning executing avoyage, contingency planning, procedures and drills please consult Marine Notice No. 41 of 2020.
- To develop contingency plans and procedures for a ground in event or collision incident. For further detailed information on drills and musters please consult Marine Notice No. 40 of 2018.
The Department of Transport also wishes to remind all fishing vessel owners, operators, skippers and crew of fishing vessels of the following statutory requirements:
Training, drills and musters
All crew of a fishing vessel between 15-24 metres in length are acquired to be given training and instruction as specified in regulation 102 (2) of the Merchant Shipping (Safety of Fishing Vessels) (15-24 metres) Regulations 2007 (S.I No. 640 of 2007). For further information please follow below extract from regulation 102 of the aforementioned regulations:
‘102 (1) Owners shall ensure that their vessels are operated without endangering the safety and health of the crew.
(2) The crew shall be given training and instructions on health and safety matters on board fishing vessels, and, in particular on accident prevention.’
- The skipper of a vessel over 24 metres is required under the Merchant Shipping (Safety of Fishing Vessels) (16.5 metres or Over) Regulations 1993 (SI No. 48 of 1993) to draw muster list for their vessels and exercise the crewsof their vessels and the use of life saving appliances and firefighting appliances carried on their vessels.
- Chapter 8.9 of the Code of Practice for the design, construction, equipmentand operation of small fishing vessels of less than 15 metres sets out requirements in relation to drills and musters for all vessels under 15
Reporting obligations
Regulation 7 (10)(c) of the Merchant Shipping (Safety of Fishing Vessels) (15-24 metres) Regulations 2007 (S.I No. 640 of 2007) provides that the skipper or owner of a fishing vessel (15-24 metres) and length is required at the earliest opportunity to report to the main survey office of the Department of Transport when an accident occurs to the vessel or a defect discovered which affects the safety of the vessel or efficiency or completeness of its life saving appliances or other equipment. Contravention of this requirement may result in an offence under section 19 (inserted by Section 47 of the Maritime Safety Act 2005) of the Merchant Shipping Act 1992. For information, please see below extract of regulation 7 (10)(c) of the aforementioned regulations.
‘(c) Whenever an accident occurs to a vessel or a defect is discovered, either of which affects
the safety of the vessel or the efficiency or completeness of its life-saving appliances or other equipment –
(i) the skipper or owner of the vessel shall report at the earliest opportunity to the Marine Survey Office,
(ii) which office shall decide whether a survey, as required by this Regulation, is necessary, and
(iii) if the vessel is in a port of another State, the skipper or owner shall also report immediately to the appropriate authorities of the port State.’
- Additionally, under Section 23 of the Merchant Shipping (Investigation of Marine Casualties) Act 2000 (as adapted by Regulation 5 of the European Communities (Merchant Shipping) (Investigation of Accidents) Regulations 2011 (S.I. No. 276 of 2011)) for vessels that fall within the scope of the Regulations (such as fishing vessels of 15 metresor more in length) it is a statutory requirement to notify the MCIB of a marine casualty or incident. Failure to notify the MCIB of a casualty or incident without reasonable excuse may result in an offence.
Note:
Marine Notices are issued purely for maritime safety and navigation reasons and should not be construed as conferring rights or granting permissions
