The fishing vessel Tyhawk, with a removable deck in place. Note that the rigid 4-person life raft on top of the wheelhouse was not in place on the day of the occurrence. (Source: Fisheries and Oceans Canada)
The Transportation Safety Board of Canada (TSB) has issued three recommendations aimed at improving commercial fishing safety in Canada, following the investigation into the 2021 sinking of the Tyhawk off the coast of Nova Scotia. The incident led to the tragic loss of two individuals from Mi’kmaq First Nation communities.
On the early hours of April 3, 2021, the Tyhawk set out from Chéticamp for the snow crab fishing grounds in the Gulf of St. Lawrence, marking the opening day of the season in area 12. As the vessel navigated through freezing rain, ice began accumulating on its surface. Later in the day, the master and four crew members embarked on a second voyage to set additional traps. However, worsening weather conditions and the vessel’s rolling movements allowed water to accumulate on board. Following a significant roll to starboard, the main deck submerged, ultimately leading to the capsizing of the Tyhawk.
Commercial fishing remains one of the most perilous occupations in the country, with an average of 11 fish harvesters losing their lives each year. Kathy Fox, Chair of the TSB, emphasized the urgent need for improved safety measures, stating, “Over the past 30 years, the TSB has been sounding the alarm over the numerous safety deficiencies that continue to put at risk the lives of Canadian fish harvesters. Too many fish harvesters still don’t make it home from what could have been a preventable accident.”
The TSB’s investigation revealed that the Tyhawk’s stability was compromised, in part, by the addition of a removable deck used for snow crab fishing. This modification had not undergone a stability evaluation, as current regulations only mandate such assessments for major modifications, a term left open to interpretation. The lack of clear criteria poses a risk that vessels may operate without adequate stability for their intended operations.
In response, the TSB recommends that the Department of Transport introduce objective criteria to define major modifications for small fishing vessels and other small commercial vessels. Furthermore, the TSB suggests that planned modifications to these vessels be assessed by a competent person, with comprehensive records of modifications maintained and made available to the Department.
The TSB also addressed the role of Fisheries and Oceans Canada in influencing the opening date of the snow crab fishery. The decision to advance the opening by nearly three weeks increased the likelihood of encountering colder water, ice, and freezing rain. The midnight start time added to the risk of fatigue among fish harvesters. The TSB recommends that Fisheries and Oceans Canada ensure that policies, procedures, and practices include a thorough identification of hazards and assessment of associated risks to fish harvesters when making fisheries resource management decisions. Independent safety expertise should be integrated into these processes
