PROTECTION SOCIETY PO Box 75, Brentwood BaY, BC V8M 1R3 Phone : 250 -480-9292 email : saanichinletp rotectionsocietvfD,sn,rai l. com

L8th August 201-6

Mayor Ryan Windsor and Council District of L903 Mount Newton Cross Rd., BC V8M 2A9

Management of Marine Activities in Brentwood Bay

Dear Mayor and Councillors

Early this year the Police Board established a Marine Enforcement Working Group chaired by Deputy Police Chief Derren Lench with membership from both SIPS and the Central Saanich Maritime Society. This Working Group has provided an excellent forum for discussion on various issues related to enforcement of Federal, Provincial and District regulations related to marine activities. lt has also strengthened joint activities of the RCMP and Central Saanich Police Services.

We write to raise three issues related to the Working Group that are beyond its current mandate. They are: t. the need to mark the three defined navigation channels in Brentwood Bay, 2. the possibility of establishing a defined mooring area in the bay, and 3. the need to create a publicly accessible pump out facility.

L. Navigation Channels. The attached map shows the navigation channels that provide access to the District wharf and marinas. ln 2012 the channels were cleared of moored boats through a combined project involving Transport Canada, RCMP and the District. As the channels were not marked they were quickly re-occupied with moored boats. The Working Group has been informed by Transport Canada that it is not the Department's responsibility to mark such channels. We therefore request the District to mark the channels with standard buoys, and to request assistance in doing so from marinas and others who are interested.

2. Defined Mooring Area. To control the proliferation of moored boats and to prevent the abandonment of near derelict boats, several ocean front municipalities have designated areas in which boats can be moored for short stays and charges levied to defray the administrative costs. The City of Port Moody's Designated Anchorage Area (DAA) effective last month is designed to address "... safety issues related to abandoned and improperly anchored boats, dumping of sewage into the lnlet". The DAA was designed and implemented by the C¡tlof Port Moody with agreement and assistance from SAANICH INLET PROTECTION SOCIETY PO Box 75' Brentwood BaY, BC V8M 1R3 Phone: 250-480-9292 email: saanichinletprotectionsocietv@,smail.com

Transport Canada and the Vancouver Fraser Port Authority. We have been in touch with the City and have more information if needed.

We request that the District urgently address the feasibility of implementing such a scheme in Brentwood Bay

3. Sewage Pump-out Facility. The only condition remaining to be satisfied before Saanich lnlet can be included as a, "no sewage discharge area" under the Conado Shipping Act is the availability of a publicly accessible pump out facility. Previously SIPS provided a mobile service through our boat, Pumpy Dumpty. At present pump-outs are available at three marinas and through a privately operated pump out boat, These limited facilities severely impact our ability to pressure the Federal government to honour its commitment to include Saanich lnlet as a Schedule 2 designated area. We would therefore request that you reconsider the decision to defer installation of a pump-out facility at the District wharf.

Thank you for your attention

Yours

Chair Saanich lnlet Protection SocietY

Chair Central Saanich Maritime SocietY ! I t ,Lr' a \ a ¡ 'Tù¡ " I +. tt a

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a \¡1 - -*r a ' a br tl. ,ç- a \ I I I + at ¡r I 'l) I ç t a Þ I I : I \ I !(iÌ[]rrl , t I t ù .Í¡ il\ t t ? t ri t a I .Þ ç t {\ a lr .¿ I I I l/ .* try t a j I .¡r,_t .df I a {} 1- w '.i¿fpùr -L -4 't :i"t ?rl f lÍ: Ð 4Vr t 'f- ,+ tr i.¡ I "rj.i" q s1; j {'f I trf r * '199 1 m Ë) 20'tr4 eÐ 14D I a 4 e=137 4 City of Port Moody : Stay in the DAA http ://www.portmoody.calindex.aspx?pag

STAY IN THE DAA Anchor safely in the inlet of Port Moody

port Moody,s new Designated Anchorage Area (DAA) pilot program (beginning July rB, zo16) provides boaters with a safe, reserved anchorage space in the inlet of port Moody while they visit and enjoy the many sights and amenities and the surrounding area.

Anchoring Permits:

. No anchoring is allowed outside of the DAA . When boaters want to stay overnight, they must register with the City for a DAA Permit o Boats can be anchored for up to zr nights during a 4o-day period o Boaters may extend their stay in the Inlet by moving to a marina or other permitted location after their allowable anchorage time has expired. . Please see the Terms and Conditions for more details.

The new program is designed to address concerns related to unauthorized, long-term moorage, uninsured boats, safety issues related to abandoned and improperþ anchored boats, and dumping of sewage into the inlet. For more details, please see the public consultation summary.

Designated Anchorage Area MaP

812I/2016 3:53 PM I of 4 City of Port Moody : Stay in the DAA http ://www.port moody.ca"/index.aspx?pag eI37 4

please note: This map is representational. Boaters must be within the boundaries of the four buoys of the DAA based on the GPS coordinates Latitude/longitude - 49" L7'L8.I6"N, -122o 5L'L4.47W.

Open map in newwindow

How to Register for DAA Permit

Step r: Boat owner/operator applies for a DAA Permit using the online registration form. The applicant must have a minimum of $z million Comprehensive General Liabilþ insurance for their boat, and will be required to provide contact details and other information about the boat being registered.

Step z: The Cþ of Port Moody confirms insurance and information on the permit application form and checks for space availabilþ for the requested dates. Reserved permit space in the DAA will be allocated on a first come, first served basis.

Step 3:

2of4 812112016 3:53 PM http://www.portmoody.ca./index.aspx?page= 1 374 City of Port Moody : Stay in the DAA

When the requested dates are confirmed, the boat owner/operator must sign a DAA Permit contract and submit a credit card payment for the $5oo deposit, and the $rz per night fee (plus GST).

Step 4: at The City of port Moody will then issue a DAA Permit to the owner/operator for the reserved dates. The DAA Permit must be available for viewing all times while the boat is anchored in the Inlet.

Step 5: deposit within When the boat's reservation period has ended, the boat must leave the DAA by S p.m., and the owner/operator will be refunded the seven working days of its departure.

the DAA If you arrive to stay overnight in the DAA outside of regular business hours, you must still submit the online registration form before using this email to the that evening. you will receive an email confirming that your application for a DAA Permit has been received, and you can show all permit Enforcement Officer upon inspection as an interim measure. Enforcement staff will notify the City that a contract was not presented. If requirements are met, your contract will be processed on the next working day.

is Reseraotions canbe concelledfor a refund up to z4hours before the registered start datefor the DAAPermit.There o $so administration

char g e for the cancellation.

outside of the DAA Boats anchored overnight inside the DAA without a permit are subject to enforcement and towing by the Cþ. Boats that anchor Port are most likely in shipping lanes, which means they are a navigational hazard and may be removed by the Vancouver Fraser Authorþ-

For more information: Email: [email protected] Phone: Kyle Centre,6o4-469-4SSz (Weekdays, 9:oo a.m. - 4:oo p.m-)

Please Fump. Don't DumP. pump-out Boat sewage is a source of fecal bacteria that harms the environment and puts public health at risk. Boaters are responsible for using services at area marinas.

3of4 812112016 3:53 PM City of Port Moody : Stay in the DAA http://www.portmoody.ca"/index.aspx ?page= I 3 74

The inlet of port Moody and the surround.ing beaches are a valuable recreational area enjoyed by swimmers, kayakers, people on paddleboards and other water activities, which means keeping the water free of contaminants like e-coli from human and dog waste is critical. Please help keep our waters clean - pump, don't dump.

There are a number of public pump-out Service Locations (no moorage required).

For a broader list of pump-out service locations, including those that require moorage to use their service, see the general pump out services locations.

please note that these pump-out service location links are provided for your convenience; however, the City of Port Moody does not maintain these lists. We recommend that you call ahead to confirm pump-out service is still available.

3:53 PM 4 o14 812112016 Saanich lnlet Round Table l3 October 2016 Shoal Point Centre, Meeting Notes

Approx. 80 people in attendance Alan Dolan, Facilitator Kitty Lloyd, Note taker Welcome to Saanich First Nations' Traditional Territories - Adam Olsen o Saanich lnlet is the heart of the Saanich Nations' territory o Good to see all the seats here filled today, that there is lots of interest in the community about the health of Saanich Inlet . Saanich Inlet is important to all who live here now, and those who have for many generations o Primary way of travel was always on the water . Common saying among the Saanich peoples: "When the tide is out, the table is set" o This is the time of year when we honour the salmon returning - especially the chum, they have provided major source of protein for Saanich people for generations, just coming to the end of that moon o Most of Saanich peoples'traditions were around honouring the ocean o All Saanich people signed the , not just about land deals, this is a water treaty as much as a land treaty o We often overlook the importance of water, it's at events like this that we celebrate and recognize the importance of the ocean . Concern expressed about number of boats moored, continued closure of shellfish beds due to pollution o Welcome to MPs Elizabeth May and Alistair MacGregor, and all the MLAs and municipal councillors here today Welcome - Acting Mayor of North Saanich Murray Weisenberger . There is overwhelming support for the round table at the North Saanich council . Our council voted unanimously to fund this meeting today lntroductions around the table: . Saanich lnlet Protection Society, Parks Canada, Peninsula Streams Society, Central Saanich Maritime Society, Bamberton Historical Society, SeaChange Marine Conservation Society, University of Victoria, Central Saanich Police Service, RCMP, Power Squadron, Central Saanich council, Shorekeepers, Shipwatch Society, Harbour Authority Association of BC, Central Saanich Community Association, Willis Pt Community Association, Sidney Anglers, CRD, CVRD; boaters and residents of Mill Bay, Brentwood Bay, Sidney

Presentation: Vessels of Concern Nicole Legault, Jeffrey Johnson, Eric Huberdeau of Transport Canada (via phone and internet from Ottawa); see attached PDF of the presentation

a Strategy to address abandoned and wrecked vessels, formal national consultation period has passed but stillwant to hear input about measures used elsewhere around world to address this issue

1 a Growing problem in local communities, especially with pleasure craft; inventory a few years ago showed several hundred along the BC coast, probably.many more by now a Definitions: o Abandoned: owner has voluntarily given up interest, has not transferred to another owner o Derelict: unseaworthy, a public nuisance o Wreck: vessel that is, or is at risk of becoming, sunken, beached or stranded o Pleasure craft: owner can no longer afford to maintain, expensive to dispose of, especially fiberglass a lnsufficient insurance, can't repair after an accident or storm, cost of dismantling boat is prohibitive, low value of materials at end of life a Federal gov't has limited power to address impacts, can act under certain circumstances e.g. if a threat to marine environment (discharging pollutants, damaging fish or fish habitat) or obstructing marine navigation Key elements of potential strategy for Canada: o Prevent occurrence of new problem vessels, address the lack of appropriate disposal options o Remediating existing problem vessels o Discussion questions: would new rules such as prohibition of abandonment, be an effeclive means of prevention? o Remediating existing vessels, national consultation - general agreement that current laws, policies and programs are insufficient; any strategy should emphasize owner responsibility - being able to identify owners is often a problem, this need to be addressed a Partnerships needed with other levels of gov't, improve disposal options, measures are needed to fund the remediation of problem vessels a Looking to state of Washington and other jurisdictions to see how this problem is handled elsewhere

Questions and Comments: . MLA Gary Holman: key points in discussion with federal agencies is that there needs to be 2 parallel actions, with federal agencies taking the lead; the province is waiting in the wings on this, federal government has primary jurisdiction, regulatory changes need time to be implemented and enacted; deal with inventory of existing abandoned boats while dealing with regulatory amendments; there is concern about downloading of responsibility onto lower levels of government that have no constitutional responsibility; need the federal government to step up and lead on this issue o A: there is recognition by federal gov't that they need to take a leadership role, but need to work with other levels of gov't to deal with this issue, we don't want to download but want to deal effectively with partners in other levels of gov't o MP Elizabeth May: has been hearing from constituents for years, cuts to Transport Canada to the BC region, only $35,000 to deal with this issue on BC coast. Has there been a request to increase the budget? What has TC been asking for, what should I be asking for when I talk with Transport Minister Garneau soon? o A: specific funding was for vessels of concern, or marine safety? . MP May: Don't recall seeing any augmentation of budget, down from $150,000 one year to 35,000 the next, need to increase funding for the BC region. As a former Atlantic Canadian, this is a bigger problem on the BC coast . A: There has never been specific resources to dealwith derelict vessels in a TC budget, not sure what precisely you're referring to, could be something to do with obstruction in navigable waters 2 a Contacts: o Project Manager: [email protected] o First Nations Coordinator: Lisa.joe@pc,gc.ca

Questions and Comments: o Elizabeth May: Please report to your Parks Canada head office that losing the headquarters on Saturna ls hurt the community; no increase in Parks Canada budget for 2016 o Q: What about working with the US, is there a plan to work collaboratively on the Salish Sea? . A: Our task is to actively collaborate, but we have no jurisdiction outside Canada . Q: Would you have a budget to include dealing with derelict vessels within the NMCA? Could include that in your budget request. . Q: What about oil and gas development and the floating LNG proposal? o A: Shipping is permitted in an NMCA, but industrial operation of an LNG plant within the NMCA would not be appropriate in my view. We will try and address some of these issues in policy development d iscussions . lmportant to have discussions with chiefs and councils of First Nations at the beginning of this process rather than as an afterthought. Difference between traditional, past, present and future sustainability, First Nations intend to continue harvesting into the future, all use is cedainly not in the past . Q: Gary Holman: how will the NMCA fit in with other initiatives such as the UNESCO global geopark, etc? . A: Not in a position to answer for other groups working on different initiatives, but want to work collaboratively with groups working on complementary initiatives . Q: Similar land based protected areas use concept of having core areas and surrounding protective buffer areas, will you consider this for the NMCAs? o A: There would be distributed areas that need to be protected in this NMCA, this would be very difficult, just a discussion at this point, would try and address this through the interim management plan

Brentwood Bav Marine Enforcement and District Role lntroduction: Michael Simmons - SIPS . Central Saanich Police Board established a marine enforcement working group o Joint patrols were established through the summer using the RCMP boat Sergeant Greg Johnson - Central Saanich Police Service o ln summer 2015 things were getting a bit out of hand in Brentwood Bay, lots of boats coming for the fireworks at Butchart Gardens, many boats anchored there in Tod lnlet . Incident in August2015 at the end of fireworks, a boat slammed into the back of another vessel, almost killed a family; Greg was in charge of that investigation, assembled statements, charges are now before the courts, can't comment at this point, someone has been charged with criminal negligence . After this, was decided that attention had to be paid to vessels in the bay o Now they partner with RCMP boat to attend every fireworks night, very chaotic, needed to have help from the RCMP . Mapped the channels in Brentwood Bay, have removed 2 sunken vessels now, took them to the Central Saanich works yard, where they were dismantled by municipalworkers Corporal Larry Jacobs - RCMP o Runs the marine section, works in all the lakes and marine areas around southern island 4 a Works with Oak Bay, Central Saanich, other municipalities, on the issue of derelict boats, e.g. ones in Cadboro Bay; has worked with Transport Canada, including in Tsehum Harbour, has a great working relation with Transport Canada Transport Canada budget was cut, so when the 2 boats sank in Brentwood Bay, had no money to deal with them; got the boats on trailers, Central Saanich workers dismantled the boats, Transport Canada paid for the landfill fees; very time consuming to organizing all the different parties to coordinate this kind of effort a Will give 60 - 80 days' notice on non-compliant mooring buoys, then can remove buoys and boats a Plan is to clean up the unsanctioned mooring buoys in Brentwood Bay and then maintain, but it's up to Transpoft Canada to fund this a Marine enforcement working group is continuing, great collaboration between the two police forces and community a Please let us know if there's an issue you want dealt with, Alicia Holman is the council liaison

Gentral Saanich Mayor Ryan Windsor o Working group was established to add some enforcement in the bay, also an education component about requirement for holding tanks; attempting to get the no discharge exemption for Saanich lnlet changed, although this has not happened yet, boats still need a holding tank . Effort was spearheaded by police force, there will be a repod soon about different options; waste disposal of derelict boats - expensive, Hartland Landfill - need to be aware that we don't want to fill up the landfill, . Mayor Windsor is the chair of solid waste committee for CRD, boat disposal could create a large volume of waste

MP Elizabeth May (Saanich-Gulf lslands) . Getting together with Cpl Larry Jacob soon to discuss situation in Brentwood Bay . Fighting Pacific Northwest LNG, Malahat LNG, Kinder Morgan o Very indebted to SIPS for the presentation given by Patrick Mclaren at the May meeting, very compelling data [Mclaren's talk was on the unique features of Flora Bank near Prince Rupert, where an LNG proposal by Petronas is proposed; scientific data was basically ignored by federal governmentl o The federal environmental review process has deteriorated into an industrial concierge service at the expense of science; the culture has changed; none of Patrick's data ever reached the minister . Approval of Woodfibre LNG site, and 2 sites for Site C hydro dam, has shaken her to the core, would not have thought these decisions were possible after initial conversations with the new federal ministers

M P Al istai r MacG regor (Gowichan-Malahat-Lan gford) . Thank you to local councils for picking up the slack left by federal government . Worked for MP Jean Crowder for 7 years, she authored first derelict vessels bill authorizing Coast Guard to become the receiver of wrecks o Jean asked Alistair to draft a summary of what we wanted to achieve, he studied the Washington model as one to emulate, the billwas defeated in 41st parliament, MP Sheila Malcolmson (-Ladysmith) has reincarnated the concept into a new private member's bill, may be debated in spring 2017, hard to know how this will be received . Changing the law will cost some money, we would appreciate a coordinated effort by this group to support this initiative

5 MLA Gary Holman . ls the police board working group having input into the federal working group? ls there a change in legislation being planned around holding tanks? There are still new buoys being laid down, there should be a moratorium, province should be stepping in to help with thís, they have jurisdiction, would be helpful for them to be involved (Ministry of Forests, Lands and Natural Resource Operations), they should sit on Saanich lnlet working group. o A: will be answered offline

Bamberton Quarrv Re-activation and Expansion - Denis Coupland, SIPS

o ln June the Malahat lnvestments Corporation filed a Notice of Work Referral with the Cowichan Valley Regional District indicating that they would be applying to BC Mines and Energy to expand their quarry permit to 40 hectares. This is despite the fact that Three Point Properties already spent around $10 million to remediate the site when they were hoping to build a town site there. . There are questions about the zoning for the site where they are proposing to install the gravel crushing operation. o Two fish bearing streams are identified on site, plan indicates that they would install a settlement pond at the stream mouth - how would that improve upstream spawning habitat? o There will be devastating effects on eelgrass, kelp beds and other marine ecosystems along west coast of the inlet; we're in for a long fight on this one. o Does anyone have more information about this? o Ne>ct round table let's address this, should have the meeting on the west side of the inlet

Gomments/Questions: . Maureen Alexander, Bamberton Historical Society president: has done lots of research on this site, society ran a museum in the site for 10 years, in the former manager's house. Bamberton Cement Plant site is considered one of the most significant historic industrial sites in BC. Last year they were evicted when property was purchased by Malahat Nation. Maureen has information from former cement plant site manager Joe Chance who reviewed the current proposal for a quarry: o Rock is fractured limestone, cannot be used for construction or road-building (too alkaline and soft) o Blasting of fractured limestone at existing quarry site had to be stopped as it was creating a steep hole near the highway o ln 1980s, test drilling was done in the area, indicated poor quality and low quantity; site was considered not financially viable, later used for distribution rather than production o CVRD board member: processing is not allowed under current zoning o Another CVRD board member: asked staff to bring this mine application to public process, applicant claims his company is too small to conduct a large scale operation; he is willing to set up a meeting with the applicant if desired, and request a tour of the site

Summarv of Outcomes and Actions - Alan Dolan

a Derelict boats: o Need federal funding; great example of creativity shown by Central Saanich Police Services and RCMP to deal with the 2 abandoned boats in Brentwood Bay o Collaborations shown here need to be broadened, between agencies and working groups

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Purpose

a Provide an overview of the issue of abandoned derelict, and wrecked vessels a To seek your views on: o What are the causes and challenges . Key elements of a possible federal strategy a Present what we heard during national consultations . r= E=-Er=

Background a Abandoned, derelict, and wrecked vessels are a growing problem for local communities as they can create environmental, economic, social and safety concerns. a It is estimated there are thousands of abandoned, derelict, and wrecked vessels in Canadian waters, with hundreds that may pose a hazard. a The problem will continue to grow as Canada's vessel fleet ages. a While in Canada approximately 40,000 vessels per year reach end-of-life and the vast majority of them are disposed of properly, even a small percentage of them becoming derelict, abandoned or wrecked can cause major impacts on communities.

J - - What do we mean by abandoned, derelict, and wrecked vessels? Abandoned* Owner intentionally and voluntarily gives up interest, and ownership of vessel with no intention of returning to it and without transferring ownership to another person Wreck** Maritime law Vessel or part of a Derelict considers a Wrecks vessel that is, or is at vessel Commonly derelict can be risk of becoming, referred to as a to be an abandoned sunken, beached or very poor or abandoned stranded. The result unseaworthy vessel of a maritime condition casualty, negligence or a public or a deliberate nuisance act

4

" Excludes abandonment by a crew for safety reasons *" Excludes military and heritage wrecks Why the problem occurs - what we know

a Owner can no longer afford to or chooses not to maintain vessel and lets it deteriorate (e.9., job loss, sickness, old age, death) a Owner cannot or does not want to pay to properly dispose of vessel and abandons it in the water a Owner sells vessel at end of life for low cost to unsuspecting buyer who is unaware of costs to maintain or fix the vessel Pleasure a lack means to remove/repair vessel after a storm or craft lnsufficient insurance or of other maritime accident a Vessel no longer has any value and becomes a net liability for the owner at end of life (e.9. fibreglass hulls cannot be recycled or repurposed)

a Vessels taken out of seruice are deregistered and no longer subject to oversight and deteriorates a New owner of old vessel is unaware of costs or unwilling to fix or maintain operate/scrap the vessel and abandons it or leaves it moored or docked or anchored indefinitely Vessel is sold to foreign owner making it difficult to identify them and make them responsible for end of life management Commercial a insurance and high mitigation costs after maritime accident vessel lnsufficient High costs of recycling a vessel in Canada compared to overseas a Low remedial value of vessel at end of life due to record-low salvage price for steel

5 --EE - The Federal Government has limited powers to address some of the impacts of these vessels...

Threats to the marine environment: a Has discharged, is discharging, or is likely to discharge, oil or another pollutant (DFO/CCG, ECCC)

a Threatening fish and/or fish habitat (DFO, ECCC)

a Depositing or potentially depositing waste in Arctic waters (TC) Threats to navigation, operations or safety: . Obstructing, or potentially obstructing, marine navigation in scheduled waters (IQ

a lmpeding, interfering with or rendering difficult or dangerous the use of a port, designated or scheduled harbour, canal or seaway (e,9., Canada Port Authorities, Small Craft Harbours) / St. Lawrence Seaway Management Corporation, a Jeopardizing the safety or health of persons, the environment, navigation, property or operations in a public port, port managed by a Port Authority, harbour or seaway (e.g., Canada Port Authorities, St. Lawrence Seaway Management Corporation, Small Craft Harbours) 6 æ=

...alrd powers to address abandoned vessels and wrecks in certain situations

Abandoned Vessels: . May authorize any person to take possession of, and remove, any abandoned vessel located in Scheduled Waters where there is a willing 3'd party (TC) . Can create regulations to allow the sale of an abandoned vessel to any person (TC) . Prohibit the disposal of a vessel at sea unless authorized (ECCC)

Wrecks: . May authorize any person to take possession of, and remove, any wreck located in Scheduled Waters where there is a willing 3'd party (TC) Prohibit the sinking of a vessel at sea as a means of disposal unless authorized Y ECCq

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Key elements of a potential strategy for Ganada

Preventing the occurrence of new problem vessels . Under existing authorities, there are no laws that prevent an owner from intentionally abandoning a vessel. The federal government has authorities to take action but powers are specific to addressing hazards in certain situations, and do little to prevent abandonment or make owners accountable (see Annex). . Lack of appropriate disposal options can also be a barrier for owners.

Remediating existing problem vessels . A legacy of abandoned, derelict and wrecked vessels in Canadian waters pose risks that need to be addressed in the short-term. There is no national inventory of vessels of concern. . Addressing existing abandoned, derelict and wrecked pleasure craft is a burden for communities that may not have the resources to take action.

8 .n -EE.o-t- - Preventing the occurrence of new problem vessels

Questions for Discussion Ql . Would new rules or laws, sltch as prohibiting abandonment, be an effective way to prevent the occurrence of problem vessels across Canada? Who should be responsible for enforcing any new rules?

Q2. Stakeholders consulted to date support Canada's accession to the Nairobi lnternational Convention for the Removal of Wrecks,2007. Should Canada consider similar measures to hold owners liable for the hazards caused by other types of problem vessels (beyond wrecks)?

Q3. To hold owners responsible for their vesse/s, it is important that they can be identified. What changes could be made to existing systems to improve the easy and reliable identification of vessel owners?

Q4. How difficult or costly is it to dispose of a vessel? Are there enough options available to the average recreational or commercial vessel owner? What can be done options for to support better disposal owners? s ffiæ=

Remediating existing vessels of concern

Questions for Discussion

Q6. Who should play a role in cleaning up existing small abandoned, derelict or wrecked pleasure craft? What about large or commercial vessels?

Q7. How should the clean up cosfs be covered? Should a remediation fund be developed?

Q8. ls using a risk-based approach the best way to prioritize vessels for remediation? Should the same approach be taken for both small and large vessels?

Q9. What types of risks should be considered and how should stakeholders be consulted in deciding whiòh vessel to address?

10 fiïit#=

What we heard during national consultations a General agreement that current laws, policies and programs are not sufficient to comprehensively address this issue a Any strategy should place the emphasis on vessel owner responsibility (e.9., by improving the ability to identify vessel owners) a Partnerships are needed with other levels of government to improve vessel disposal options o ln the longer term, measures are needed to fund the remediation of problem vessels

11 Thank you for your participation.

Our coordinates:

Nicole Legault Director, Environmental Policy Framework and lntegration Transport Canada

Emai I : N icole. Leqau lt@tc.çtc.ca Telephone: (61 3)949- 1768

Éric Huberdeau Environmental Policy Advisory, Clean Water Policy Transport Canada Email : Eric. H uberdeau @tc.qc.ca Telephone: (61 3) 998-9885

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How other jurisdictions are tackling the problem

U.S. Washington State Model . Prohibition, authorities for local enforcement to take action on vessels, vessel removals funded through surcharge on licensing and registration

U.S. National Oceanic and Atmospheric Administration . Detailed inventory of sunken wrecks completed in 2012 (20,000 wrecks) and risk assessment completed in 2013 (17 priority vessels)

Europe BOAT Digest . lncrease awareness of vessel end-of-life management for owners and dismantlers, including web-based geospatial map of dismantlers

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Measures that have achieved results in other jurisdictions o New authorities: San Juan County, Washington State (2014) - 24% (13 out of 55) of vessels removed by owner at no cost to county Florida At-Risk Vessel Program reports early intervention can prevent up to 60% of abandoned vessels o Dedicated funding: State of Washington (2003-2013) charges an additional $US 3 - 5 fee to annual vessel license/registration fee and has removed 306 pleasure craft ($US 2.5M) and 103 commercial vessels ($US 7.2M) State of California (1999-2012) uses 80% of fines and has removed 1785 vessels lhazards ($US 5.8M) a Additional measures: vessel turn in program Estimated that disposal costs for turned-in vessels are 20"/"-50 "/" oÍ costs of remediating a vessel State of California (2010-2012) received 246 vessels ($US 41 1,000) 15 @ l*t ffi* ffi. Canadä ARCTIC OC¿.4N I Arctic Basin THE NATIONAL MARINE 2 Beoufort Sea 3 Arctic Arclúpelago C ON S E RVAT I ON ARE A S SYSTEM 4 Qucen ù'l.aud Gulf 5 Lancastcr Sowtd 6 Bffin Island Shclf 3 ATLANTTC 7 l:oxa IJasi¡t OCE',4N Hudson I Hudson Bay I Strait 2 2 LabradorShel[ 9 lames Bay , Lqnçotlcr 3 Newfoundlønd She$ ' 6 2 3 -Soopd 4 North Gulf Shclf 5 St, l,awrence 'v5 tStuary 6 Mugdalen Shallows 7 LaurentianChannel I The Granil Bqnks 9 Scotian Shelf I0 tsay af l;undy

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ì\, How is an NMCA d¡fferent 1t,l I from a National Park? I ( I

It's an important marine area that includes the seabed with its corresponding water column and may also take in wetlands, estuaries, islands and other coastal lands.

An NMCA is managed and used in a sustainable manner that meets the needs of present and future generations without compromising ecosystem structure and function. - \ @ The lmportance of F¡rst Nations

a o Parks Canada Recognizes a special I relationship with First lt[ations t+ -q .t,#¡rli$qðÀr (.ä4tffiÞ:ìdf+,r ..'r,*. a Principle s of co operative/ collaborative governance models will guide us o We need to meet our obligations to our First l.[ations Partners during the planning process I

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SAANICH II{LET PROTECTION SOCIETY PO Box 75, Brentwood Bay, BC V8M 1R3 Phone : 250-652-9758 or 250-652-1260 email: ¡¡¡nichinletnrotcctionsocietv(Dsmeil.com

24th octobe r 2Ot6 trGEtIVE

ocT 2 7 2016

Mayor Ryan Windsor and Council ïho Corporation of the Distrct of Central Saanich District of Central Saanich 1903 Mount Newton Cross Rd., Saanichton BC V8M 249

Re: Transport Canada Presentation to Saanich lnlet Roundtable 13th October 2016

Dear Mayor Windsor

You, and Councillors Thompson and Holman, were present at the Roundtable when Transport Canada presented their analysis from cross Canada consultation concerning abandoned, derelict and wrecked vessels. At the conclusion the roundtable participants were invited to comment on the presentat¡on and provide suggestions for further action. Attached to this letter is the response as prepared by SIPS. We hope that Council will support our suggestions in providing a District response to Transport Canada.

Thank you for your attention

Yours

Sheila lrving, Chair Saanich lnlet Protection Society SAANICH INLET PROTECTIOI\ SOCIETY PO Box 75, Brentwood Bay, BC V8M 1R3 Phone: 250-652-9158 or 250-652-1260 email: saenlchinletorotectionsocietv(Asmsil.com

Response to Presentation by Transport Canada to Saanich lnlet Roundtable October 13th 2016 on abandoned, derelict and wrecked vessets

Background: Our response is based on the current situation in Brentwood Bay, District of Central Saanich, but also applies, generally, to Saanich lnlet.

Recent Events in Brentwood Bay:

L. ln Brentwood Bay within the last month one boat has sunk, one has been removed by Transport Canada, one removed by Central Saanich Police Service (CSPS), and another drifted on to rocks and refloated. The owners are at present unknown, with the exception of the last mentioned boat. The boat that sank first drifted, then beached on shore, and was then deliberately towed into deeper water and sunk, presumably by the owner. This boat is now submerged except four feet of mast that emerges at low tide with a buoy attached (presumably placed there by a community minded resident). 2. In a recent inventory of the bay the RCMP and CSPS, with assistance from Transport Canada, recorded over 400 floating "objects", including power and sail boats some of which cannot move without external assistance. There are also buoys, many of which, but not all, conform to TC standards. There are also floats, some of which are attached to boats and some of which are isolated and unlighted. 3. Our society has assisted in the disposal and break-up of abandoned boats over the years; has made our own inventory of floating objects in the bay, conducting biological surveys and assisting with re-introduction of eel grass; has lobbied for the enforcement of existing laws and regulations; has operated a pump-out boat on a volunteer basis; has advocated for additional sewage pump-out facilities; and has promoted for the designation of Saanich lnlet as a Schedule 2 no sewage discharge zone. 4. Last year local residents were seriously injured in a boating accident caused by a third party vessel with no license and no insurance. Charges are pending.

The TC presentation was very much appreciated by SIPS, as it recognized many of the problems that we face in Brentwood Bay and Saanich lnlet.

Highlights of the TC analysis: i. about 40,000 boats per years reach the end of their useful life, ¡i. there is no law against abandoning boats, ¡¡i. there are limited disposal opportunities for these vessels, iv. Federal Bovernment jurisdiction is strongest in "scheduled waters", v. a confusing maze of jurisdictional responsibilities and lack of budget makes solutions to these situations very difficult, vi. changes are needed to licensing to make it useful, and SAANICH II\LET PROTECTIOI{ SOCIETY PO Box 75, Brentwood Bay, BC V8M 1R3 Phone: 250-652-9758 or 250-6 52-1260 email: seanlchinletorotectionsocietv@sm¡il.com

vii. the legacy of derelict, abandoned and wrecked vessels is a financial burden on communities.

Our suggestions on these and related subjects are as follows

1. Vessel owners have to be identifiable and made responsible for the costs of vessel disposal at the end of the vessel's useful life. This means that the present licensing system needs to be actively managed and enforced. Just as motor vehicles are licensed and are required to be insured, a similar regime needsto be mandatoryfor vessels. As marine waters are primarily the responsibility of the Federal government this vessel licensing and insurance system is a Federal responsibility, Revenues from licenses should be dedicated to removal of abandoned vessels. 2. The legacy of abandoned, derelict and wrecked boats in waters adjacent to coastal communities (whether or not they are in "scheduled waters") can only be solved by making financial assistance to those communities. The system adopted in the US State of Washington referenced in the Annex of the presentation describes only part of the solution. Revenue from vessel licenses, renewable annually, in Washington is used to assist removal and disposal of vessels. Most importantly the fund also received a multi-million dollar infusion from the State of Washington without which most of its achievements would not have been possible. 3. "scheduled Waters": There are many harbours on the BC coast which are not managed by a Harbour authority and which do not support significant commercial marine activities, Brentwood Bay is one of them. Any system for distributing funding for clean-up of derelict, abandoned and wrecked vessels needs to recognize the needs ofsuch harbours. \ 4. Funding lmplementation of Existing Laws: While new laws are needed, for example prohibiting vessel abandonment as suggested in the presentation, immediate attention needs to be made to implementing, and adequately funding implementation of, existing laws and regulations. Our priority suggestions for implementation and funding are: i, Vessel Licenses: Ma¡ntain the existing vessel license system so that vessels have to display a current license number, carry documentation, and with up to date office record keeping. Fund Transport Canada to maintain records of vessel licenses and fund the RCMP to check licenses on the water. ¡i. Mooring Buoys: lmplement the existing Minor Works Order respecting mooring buoys. Transport Canada should issue permits for buoys and ensure that placement respects conditions of issue. Fund Transport Canada to deliver this service and fund the RCMP to perform field checks. iii. Sewage Disposal: lmplement regulations under the Canada Shipping Act that require all vessels with toilets to have a holding tank. Fund the RCMP to inspect for holding tanks and compliance. SAA¡{ICH II{LET PROTECTIOI\ SOCIETY PO Box 75, Brentwood Bay, BC V8M 1R3 Phone: 250-652-9758 or 250-652-1260 cmail: saanichi nletnrotectionsocietv(Ðgmail.com

iv. Navigation Channels: lmplement an active program of marking and maintaining navigation channels funded through Transport Canada and the Canadian Hydrographic Service. v. Public Awareness: Make the vessel owning and operating public aware of the above laws. Sufficient government funding needs to be made available to marine organizations to enable adequate dissemination of knowledge of these regulations, including the rationale for them, to the boating community. 5. Existing laws need to be amended to: i, Require annual vessel license fees and mooring buoy fees, and to dedicate the funds received to addressing marine issues. ii. Require third party insurance to be carried by the owner or operator of any vessel. ¡ii. Create a fund for removal of legacy issues with abandoned, derelict and wrecked vessels iv. Broaden the definitions of "wreck" and "derelict" to enable proactive intervention by public authorities in situations of local concern. 6. localAction: Generally, empower local authorities to take action in marine waters only when adequate funding is provided to assist them to do so. For example: i. work done by District of Central Saanich Police Service to assist the RCMP should be funded by either the RCMP or Transport Canada. i¡. the need for a public pump-out facility to replace the former volunteer service in Brentwood Bay should be cost-shared by the Federal government. ¡i¡. disposal of materials from vessels that are broken-up should be cost-shared by the Federal government.

We wish to thank you, and the Federal government generally, very much for the effort put in to analyzing, suggesting changes, and consulting with us on these very challenging issues. We look forward to changes to the governance of the marine environment based on these consultations. They are urgently needed.

Prepared and Approved by SIPS Board of Director¡, November 2016