Report says deck modification led to fatal capsizing of First Nation fishing vessel off N.S.

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

The Transportation Safety Board says in a report released Wednesdaythat 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.

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

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.

Definition of'major'modificationunclear

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 that independent safety experts are included in that decision-making process.

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