iFish6

Fishing is a hazardous occupation worldwide with a poor health and safety record. Between 2010 and 2020, an average of 236 marine accidents were reported to the Canadian Transportation Safety Board, and an average of 33 % involved fishing vessels. Like fisheries governance, more generally, governance of fishing health and safety is a wicked problem that cannot be solved once and for all but tends to reappear. While there are no panaceas for improving fishing safety, improved regulation can help. Fishing health and safety is often subject to regulations by multiple agencies, particularly in federalist states. In Canada, the federal government is responsible for providing a national regulatory framework that applies to the structural and operational safety of vessels, and provincial governments are responsible for the workplace health and safety of crews while they are engaged in commercial fishing activities and for workers’ compensation. In this context, inconsistencies among standards and variability in levels of protection across fleets and provinces can exist, and jurisdictional conflicts may occur. However, few studies have examined this problem.

To fill this research gap, guided by governance theory and drawing upon findings from a legal review of international, federal, and provincial fishing OHS laws and regulations and a review of case law, this article identifies multiple OHS law regulatory and enforcement challenges in the Atlantic Canadian context. These challenges include (1) fragmented OHS governance due to the division of powers between federal and provincial governments; (2) variation in OHS-related standards and protections between provinces; (3) evidence of jurisdictional disputes that can reduce the efficiency of enforcement and development of fishing OHS standards; and (4) indications that federal-provincial jurisdictional divisions may be impeding Canada’s progress in ratifying and implementing international OHS instruments such as the C-188, Work in Fishing Convention of the International Labour Organization.

The commercial fishing industry in Alaska has experienced a significant decline in the fatality rate since 1990. This has also influenced the reduction of casualties and fatalities in the rest of the United States over the last 33 years. Alaska’s reduction, from 210 fatalities in the decade of the 1990s to 62 fatalities from 2010-2020 (and 25 consecutive months without a fatality from 2021-2023) is cause for reflection and analysis of what works correctly in the fishing industry. This presentation will share how Regulation, Rationalization, Innovation, Collaboration, and Training have been viewed as the key components that aided in reducing fatalities in small indigenous/artisanal fisheries in Alaska and large-scale industrial fishing operations alike. “Regulation” creates the framework and minimal carriage of emergency gear and training requirements. “Rationalization” through fishery management policies creates safer approaches to fishing. “Collaboration” creates the necessary relationships with industry and agency partners to share in implementing efforts and compare data to understand trends. “Innovation” allows for alternative approaches to create more practical solutions to regulatory requirements. “Training” creates the muscle memory required to act effectively in an emergency. Our lessons learned, partnerships, and data collected over a 33-year period were instrumental in advancing the commercial fishing vessel safety program from its early voluntary compliance roots to an established and embraced standard in the industry in Alaska. This presentation will describe a successful approach to commercial fishing safety with an international audience in mind, while also learning from and exchanging ideas with international peers on their respective successes and lessons learned.

Fishing vessels and fleets around the world are the foundation of the wild capture-based seafood industry. Making sure that seafood comes from supply chains that are free from forced labour, slavery, child labour, discrimination, other welfare concerns and IUU fishing is a priority for the commercial sector. In recent years, reported incidents in the seafood industry have instigated discussions and initiatives in the sector to prevent infringements of human rights and to improve working conditions at sea.

A number of standards have been developed globally that provide guidance to fishing vessels on how to improve the conditions and general working practices in the fishing sector. While it is relatively easy to audit vessels against these conditions while in port there has been very little formal monitoring of vessels while at sea. Vessels that may pass certain criteria may not necessarily follow the guidelines once they depart. At sea audits would provide an opportunity to assess compliance against a set of standards in real time, although logistical restrictions and cost have made this impractical in the past. A number of options do exist, this presentation will look at these options and, using real life examples, the procedures that can be followed to conduct health and safety audits at sea.

In 2017, FAO received the mandate on social responsibility from Members to address social issues in the fisheries and aquaculture sector. Through a comprehensive and inclusive consultation process, FAO is developing a practical and voluntary guidance to improve decent working conditions throughout the fisheries and aquaculture value chains. The FAO Guidance on Social Responsibility in the Fisheries and Aquaculture Value Chains will be based on existing international conventions, agreements, and standards addressing human and labour rights, decent working conditions, and social protection. The target audience of the FAO Guidance is the industry; however, it can be also a valuable reference instrument for policymakers, regional fisheries bodies (RFB), regional fisheries management organisations (RFMO), and civil society. The presentation will give an overview of the FAO Guidance, as well as the process and further developments.