After two incidents that resulted in the deaths of two New Brunswick fish harvesters aboard the Tracy Dawn and two fishermen from the Mi’kmaq First Nation in Nova Scotia, the Transportation Safety Board of Canada (TSB) issued several recommendations to government organizations.
58-year-old Eugene Beaudin and 33-year-old Normand Beaudin left Miscou Island, N.B. on May 6, 2023, loaded up with 119 lobster traps — enough to make navigating the Tracy Dawn a difficult task, as the two would have to climb over both the traps and the wheelhouse to make it from the bow to the stern. When the pair hit rough weather while trying to drop their traps, both fell overboard and lost their lives.
Investigations carried out by the TSB resulted in the organization’s director of marine investigations, Clifford Harvey, issuing a series of recommendations to Transport Canada, Fisheries and Oceans Canada and WorkSafeNB.
According to Harvey, the issue of overloaded boats is not new to the TSB.
“I opted not to undertake a more in-depth investigation to produce a report because based on what we saw when we deployed two investigators down there, I took the option this time to point out directly that this is something we have seen before,” said Harvey.
Harvey said that throughout the working life of the Tracy Dawn, the vessel had never been assessed for stability. In response, the TSB recommended that Transport Canada require all small fishing vessels to undergo stability assessments to ensure the stability information is adequate and made available to the respective vessel’s crew.
“That particular grade on that recommendation is unsatisfactory,” said Harvey. “Right now, new vessels require stability assessment, but existing vessels that are operating do not require a stability assessment. Without a stability assessment, it’s very difficult to understand what the maximum limits are of your vessel, how much load it can carry, the sea state it can operate in and unfortunately, we see lots of times where the stability of vessels are compromised and results in the loss of the vessel or loss of life.”
TSB highlighted eight recommendations for government organizations to address. Among them, the TSB recommended that Transport Canada, the Government of New Brunswick and WorkSafeNB develop programs to ensure those aboard fishing vessels are wearing a personal flotation device at all times when on deck. Three of the eight recommendations revolved around the availability of stability information for all existing fishing vessels.
Of the recommendations, only the TSB’s 1999 request for provinces to deliver workplace legislation in a manner that is easily understood has been reported as “fully satisfactory” as of 2023.
In a competitive industry like the fishery, Harvey said it is commonplace for boats to be loaded with traps in the manner that the Tracy Dawn was in May of 2023.
He said that despite the high costs of operating and the desire to make the most of any fishing trip, prioritizing safety is of the utmost importance.
“It’s about striking that balance in earning a living and also ensuring you’re safe,” said Harvey. “It really comes down to knowing the vessel, understanding the limits and then operating within them.”
Two years earlier than the incident aboard the Tracy Dawn, on April 3, 2021, the fishing vessel Tyhawk departed from Chéticamp, N.S. to set crab traps on the opening day for snow crab in area 12 of the Gulf of St. Lawrence.
During the trip, freezing rain caused the Tyhawk to begin accumulating ice. During a second voyage to set more traps late that day, severe weather caused the vessel to begin taking on water. A significant roll to starboard caused the Tyhawk’s main deck to take on more water, causing the vessel to capsize.
Two crewmembers, 49-year-old Craig Sock and 39-year-old Seth Monahan, lost their lives that day.
The TSB determined that the Tyhawk’s instability was in part due to the addition of a removable deck used for snow crab fishing. The addition, however, had not been evaluated for its effect on the stability of the vessel. Current regulations dictate that any vessel undergoing a major modification be assessed for stability, but the definition of what constitutes a major modification is open to interpretation, according to the TSB.
As such, the TSB recommended that the Department of Transport “introduce objective criteria to define major modifications to small fishing vessels and other small commercial vessels.”
The organization also recommends that planned modifications be assessed by a “competent person,” that all records of the modification be maintained and that the records be made readily available to the department.
In 2021, the season opening was moved almost three weeks ahead and began at midnight. This late opening, according to the TSB, contributed to the colder waters, accumulated ice and freezing rain encountered by the Tyhawk. The midnight opening was also determined to contribute to an increased risk of fatigue.
In light of these decisions made by the Department of Fisheries and Oceans (DFO), the TSB recommended that DFO ensures their policies, procedures and practices include comprehensive identification of hazards and risks to fish harvesters when resource management decisions are being made. The board recommended that independent safety experts be integrated into these decision processes.
