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5 October 2004
The Hon. David Llewellyn,
Minister for Police and Public Safety,
Franklin Square Offices,
HOBART, Tas 7000
Dear Minister,
Marine Safety (Misuse of Alcohol) Bill
This proposed legislation first came to our attention in a MAST publication called Boatwise and unfortunately there had been no communication with the Tasmanian Fishing Industry Council as the peak industry body representing all commercial fishermen on this matter at all.
This Bill will clearly have an impact on our commercial fishermen members and from the MAST information the major issue appears to be the intent that commercial vessel operators must not have any alcohol in their body while in control of or operating a boat.
From a commercial fishing industry perspective this requirement is discriminatory and in many cases may be impractical and in our view is also unnecessary.
I have today discussed this matter with Inspector Paul Gray and Sergeant David Sinclair from Tasmania Police and I now seek your advice on the detail of the Bill.
As you are aware commercial fishermen can be at sea for extended periods and live on board the vessel which is their home for the period of the fishing trip. They may also be required to move a vessel at anytime at any location for a range of safety and practical reasons and a nil alcohol requirement is therefore most impractical and unreasonable.
We believe that commercial fishing vessel operators should be subject to the same laws as the general public, i.e. the 0.05% alcohol limit whilst in control of or operating a commercial fishing vessel which we understand is the same standard as is proposed for recreational boat operators under this Bill.
There may be good reasons for a nil alcohol limit when passengers (other than crew) are on board passenger vessels and ferries for instance but this definition of commercial with a nil alcohol limit in our view should not apply to experienced and capable commercial fishing vessel operators.
There is quite obviously a big difference between driving a fully laden log truck down a busy highway where a nil alcohol limit applies and a commercial fishing vessel operating on the high seas where the skipper is already subject to OH&S requirements and safety issues affecting his boat and crew.
I understand the current law requires that a person must not be drunk when in charge of a vessel which suggests that a 0.05% limit already applies.
In our view this 0.05% reasonable standard is in line with community expectations and should apply under the proposed Bill for all operators of licensed commercial fishing vessels including tender dinghies and aquaculture vessels.
We therefore seek your support on this matter for all the above reasons.
Yours sincerely,
R.K. LISTER
Chief Executive
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