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Report says deck modification led to fatal capsizing of First Nation fishing vessel

Canada's transportation safety agency signage is pictured outside TSB offices in Ottawa on Monday, May 1, 2023. THE CANADIAN PRESS/Sean Kilpatrick

Canada’s transportation safety agency says modifications to the deck of the Mi’kmaq fishing boat Tyhawk led to the fatal capsizing in 2021.

The Transportation Safety Board says in a report released today that Transport Canada needs to better define the rules on stability assessments of fishing boats after vessels undergo “major” modifications.

The recommendation is one of three the board released in relation to the capsizing off western Cape Breton on April 3, 2021, which occurred on the first day of crab season.

The report says the boat, based in Elsipogtog First Nation, accumulated water as it was struck by waves and that traps shifted on its deck, causing the vessel to roll over.

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Tyhawk’s five crew climbed on top of the overturned vessel, but the master, Craig Sock, was swept into the water.

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The four remaining crew were rescued by the fishing vessel Northumberland Spray, but one of them, 39-year-old Seth Monahan, was pronounced dead in hospital.

The report says the Tyhawk’s stability was “compromised” by the addition of a removable deck used for snow crab fishing, which hadn’t been evaluated for its impact on the vessel’s stability.

It says that while Transport Canada rules require stability assessments for fishing boats that have gone through “major” modifications, the definition is open to interpretation.

The report says that without a clear definition of a major change, fishing boat owners, masters and Transport Canada inspectors may fail to properly identify risks.

As well, the report says that despite concerns raised by the industry, the federal Fisheries Department advanced the opening date of the season by three weeks without completely assessing the safety risks.

Another recommendation calls for the federal Fisheries Department to ensure that risks to fish harvesters are identified and to include independent safety experts in that decision-making process.

This report by The Canadian Press was first published Nov. 22, 2023.

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