Fishing Vessel Safety Blueprint for a National Program (1991) / Chapter Skim
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7 EXTERNAL INFLUENCES ON SAFETY
7 EXTERNAL INFLUENCES ON SAFETY
Pages 131-141
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From page 131... ...
The eight regional fisheries management councils (FMCs, described in Chapter 2) have had difficulty accommodating effective conservation and conflicts over fishery allocations and 131
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From page 132... ...
Under the regional council system established by the Magnuson Fisheries Conservation and Management Act (MFCMA) , comprehensive fisheries management plans (FMPs)
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From page 133... ...
The multitude of accidents in some fisheries has prompted reconsideration of safety. Some regional councils attempted to improve safety by revising management practices; for example, by adding fishing days to accommodate bad weather, such as in the Atlantic surf clam fishery.
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From page 134... ...
It is not a widespread solution, as it applies to a specific issue in only a few fisheries that are seasonal in nature, such as Pacific salmon. Alternative 27: Establish a Voting Position for a Marine Safety Organization on Each Fishery Management Council Safety issues are represented in regional councils by a nonvoting Coast Guard representative, typically a staff officer below flag rank.
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From page 135... ...
The data provide an insufficient basis to support fishery management regimes for safety purposes alone, but as FMCs are charged to consider safety aspects, greater effort could be made to evaluate fisheries for such considerations. INSURANCE Fishing vessel safety and insurance have become inextricably linked.
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From page 136... ...
From the underwriter's perspective, early 1980s market forces disrupted competition in the insurance industry and exacerbated already deteriorating market conditions. Marginal underwriting results occurred before 1980, yet competition kept fishing industry insurance rates depressed.
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From page 137... ...
A significant portion of liability claims are associated with federal court cases where litigants can take advantage of both the doctrine of unseaworthiness, which utilizes strict liability standards, and the Jones Act- even for short-term temporary disabilities (Nixon, 1986,1985; Nixon and Fairfield, 1986; AIM U,1985~. Loss-Prevention Leadership In regional assessments, some fishing industry representatives expressed disappointment that underwriters have not assumed a national leadership role in establishing standards for "safe" vessels.
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From page 138... ...
In a competitive climate, what one underwriter may require as a standard, another may not. Companies who are now insuring the fishing industry tend to favor leaving decisions to local underwriters, who know their customers and the risks and improvement opportunities applicable to their locale.
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From page 139... ...
Indeed, Congress has considered this subject on many occasions, most recently in hearings on the CFIVSA. What cannot be ignored is that the current legal framework for compensating seamen's injury claims has had a serious impact on the capability of insurers to establish rates and provide liability coverage for the fishing industry.
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From page 140... ...
MARINE WEATHER SERVICES A storm at sea is an awesome occurrence, and adverse weather has been an element in many fishing vessel casualties (see Waage, 1990; Zimmerman, 1989; Fishermen's News, 1988; Alaska Fisherman's Journal, 1988b; NTSB, 1987; Sitka Sentinel, 1987; Ball, 19781. Yet, weather was not implicated as a major cause of fishing vessel accidents in the Coast Guard main casualty (CASMAIN)
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From page 141... ...
An alternative for improving safety is providing local weather services specifically designed to support the fishing industry. Alternative 30: Expand Fishing-lndustry-Speciic Weather Services The thrust of this alternative is to extend fishery advisory services containing weather information to cover fishing grounds and ports where such services might prove useful.
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