The Coast Guard has stated that approximately 70 % of the deaths in the fishing industry are related to vessel stability. (Federal Register, August 14, 1991 at page 40384).
The article, Fishing Processors & Load Lines, which appeared in the spring ‘92 issue of the Expert, addressed requirements for load lines. As a prerequisite to obtaining a load line, a processing vessel must obtain a stability letter.
In 1988, Congress enacted further laws governing the stability of "Uninspected Commercial Fishing Industry Vessels." (46 USA 4501 et seq.)
These laws are applicable to uninspected vessels which are either a fishing vessel, a fish processing vessel, or a fish tender.
After many meetings with the public and the fishing industry to assure the workability of proposed regulations, the Coast Guard issued a Final Rule on August 14, 1991. This article will only address those regulations which deal with stability.
Because there was considerable controversy about applying international stability requirements to fishing vessels under 79 feet in length, stability requirements have not yet been issued for those vessels. Discussion with one of the participants of an industry study group which was reviewing the stability standards in order to make a recommendation to the Coast Guard for vessels under 79 feet in length indicated that their work had been completed and they felt that the Coast Guard would be shortly issuing regulations for stability of fishing vessels under 79 feet in length which would be similar to the rules for vessels over 79 feet in length except for the wind heel moment.
The current regulations are found in 46 CFR 28.500 et seq. They are applicable to each commercial fishing industry vessel which is 79 feet or more in length except those which are required to have a load line (since they are already required to have a to have a stability letter), and that:
(a)Has its keel laid or is in a similar stage of construction or undergoes a major conversion on or after September 15, 1991;
(b) Undergoes alterations to fishing or processing equipment for the purpose of catching, landing, or processing fish in a manner different than has previously been accomplished on the vessel; or
(c) Has been substantially altered on or after September 15,1991.
One of the problem which has been identified from numerous casualties is that although a prudent fishing vessel owner may have obtained stability information on his vessel, he does not recognize or ignores the adverse effect that alterations and the addition of the cumulative weights may have on his vessel. The sinking of the F/V ALTAIR and her sister ship F/V AMERICUS within a few days of each other in 1983 resulted from such a condition.
In the case of the the sinking of the F/V LASSEIGNE off the coast of Oregon on November 15, 1985, the Federal District Court judge i\in awarding more than $1 million dollars to the estates of the missing fishermen, stated that a recent conversion of the vessel had added steel drums, doors and winches as well as heavy trawling nets. The owner was found negligent because the conversion rendered the vessel unstable and, "No stability tests were ever performed despite this additional weight."
Thus, while the Coast Guard has "grandfathered" vessels built earlier from complying with the stability requirements of the new regulations, the owner of older and smaller fishing vessels may be found negligent for failing to determine the stability of his boat.
While the load line issuance has been delegated to the America Bureau of Shipping who act as the Coast Guard's agent, the issuance of the stability letter is still done by the Coast Guard. This normally requires that the vessel to be evaluated by a naval architect who determines the vessel's stability in accordance with certain criteria. The Coast Guard has established the stability criteria for such vessels. They are expected to issue regulations in the near future which will set forth the criteria now implemented by policy.
The new regulations require a stability evaluation on older vessels if there are alterations to the fishing or processing equipment in a manner different than has been previously accomplished on the vessel. The intent of this wording is to allow routine changing of fishing gear to accommodate different fisheries, provided that the gear had been used on the vessel previously, i.e. before the effective date of the regulations, September 15, 1991. Changes to the vessel's equipment which have not been accomplished previously would trigger the requirements for a stability letter.
During the comment period for these regulations, there was considerable consternation regarding the definition of "substantially altered" which would trigger the requirement for a stability determination.
Owners argued that they may alter their vessel to improve the stability and that should not trigger the requirements of 46 CFR subpart E (28.500 et seq). It is hard to comprehend how a vessel owner can know the effect of his alterations.
The Coast Guard agreed with the comments and altered the proposed section (28.501) to differentiate between changes which adversely affect a vessel's stability and those which do not adversely affect the vessel's stability. If a substantial alteration does not adversely affect a vessel's stability, the owner need only provide the operating personnel with revised stability instructions meeting the requirements of 46 CFR 28.530 (c) through (e). These require that the stability instruction be developed by a "qualified" individual, that they must be in a format easily understood by the master or the individual in charge of the vessel, and that they contain certain instructions set forth in the regulations.
In a recent injury case, the issue of who was responsible for maintaining the stability of the vessel arose. The master or person in charge is clearly responsible. The stability information is delivered to him and the regulations hold him responsible for maintaining the stability. On larger ships, this duty is delegated to the chief mater because he is traditionally the cargo officer and must determine how much cargo can be loaded and where it is to be stowed. On fishing industry vessels, these duties are those of the master and he alone is responsible for the loading of the vessel.
Stability requirements must be accommodate the intact stability when using lifting gear, during icy conditions, the amount of freeing port area, watertight integrity, and free water on the deck. Free surface effect of liquid in the tanks must also be considered when doing stability calculations.
The implementation of these regulations will undoubtedly save many lives in the years to come provided people in charge of the vessel abide with the stability requirements and the owners revise stability requirements when they alter their vessel.
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