SHERIFFDOM OF NORTH STRATHCLYDE AT OBAN

Court ref: OBN-B33-20

RESPONSE

to the

DETERMINATION OF SHERIFF PATRICK HUGHES

UNDER THE INQUIRIES INTO FATAL ACCIDENTS AND SUDDEN DEATHS ETC. (SCOTLAND) ACT 2016

IN THE

INQUIRY INTO THE DEATH OF PRZEMYSLAW KRAWCZYK

and

DUNCAN MACDOUGALL

To: the Scottish Courts and Tribunals Service

1.

The Maritime and Coastguard Agency, being a person to whom a recommendation under section 26(1)(b) was addressed, do respond as follows.

2.

The Maritime and Coastguard Agency was a participant in the inquiry.

3.

The Sheriff made the following recommendation in his Determination:

That stability awareness training be made mandatory for masters of fishing vessels of between 7 and 16 metres in length.

4.

The Maritime and Coastguard Agency is currently working on an update to the relevant Regulations relating to fishing vessel training and certification. Whilst there is no fixed date as yet for any new regulation, the intention is to consult later this year.

5.

The proposals for the new regulation will include a new requirement for skippers of commercial fishing vessels of 7m up to 16.5m (registered) qualifying after the new regulation comes into force to obtain a Certificate of Competency (CoC), which will replace the existing voluntary Seafish Under 16.5m Skipper Certificate. The qualifying conditions for the CoC will

include a proposal for mandatory MCA exams for Navigation and Stability.