The Marine Casualty Investigation Board (MCIB) has asked the Minister for Transport to review how effective current rules are on the mandatory wearing of life jackets.
Regulations in relation to the use of personal flotation devices (PFDs) are being routinely flouted, the MCIB says.
Its recommendation is included in a report into the death of a fisherman in Galway Bay in August 2023.
The MCIB investigation says the casualty went overboard from the 6.7 metre Lady Pexia on the return from a fishing trip on August 25th last year.
He was reported missing by the vessel's skipper, who noticed he was no longer on board, as the boat returned to shore.
The report says the skipper was an experienced boat person with over 50 years’ experience on the water and was very familiar with the area he was operating in on the day of the incident.
It says that his previous training suggests that the skipper “was aware of the various regulations associated with the safe operation of this class of vessel including the regulations regarding the use of PFDs onboard such vessels”.
The casualty, who was in his thirties, had been on similar trips with the skipper on at least four occasions during the previous two years.
The MCIB report says it has “no evidence indicating whether the casualty had received sea survival training, though it is known that he was a capable swimmer”.
The investigation said that the man was not wearing a PFD when he was recovered from the water by an Irish Coast Guard rescue helicopter.
The man was taken to University Hospital Galway where he was pronounced dead.
A post-mortem examination found that he drowned.
The report says that the consumption of alcohol was a "significant contributing factor to the incident" and that it "likely impaired judgement, leading to risky decisions, such as [the casualty] removing his PFD and engaging in unsupervised activities".
In spite of clear legislative provisions and repeated warnings, instances of non-compliance with PFDs persist, the report says.
It questions the impact of existing laws and suggest there may be a need to improve enforcement by means of prosecutions similar to that applied to breaches of road traffic laws.
The report also found that while the deceased had worn his PFD at times during the fishing excursion, it was not functioning properly and was ineffective as a flotation aid.
The MCIB said that apart from the PFD worn by the skipper, there were no other functioning life jackets on the boat.
The report said this "appears to be a breach of applicable safety regulations", which is a matter for the prosecuting authorities.
The MCIB report is here
