This is the third instalment of the Record含羞草研究社檚 investigative series on the issue of derelict and sunken boats on the West Coast.
In 2019, a federal Bill came into effect to prevent boat owners from abandoning their vessels. Four years later, only two fines were levied. There are at least 5,000 derelict boats in the province含羞草研究社檚 waters today, polluting the environment and awaiting resolution, according to John Roe from the Dead Boat Disposal Society.
To gain insight into what is being done to fix the problem of derelict boats, this article delves into the governmental protocols for dealing with derelict vessels.
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On the night of July 16, as flames consumed a beached derelict vessel on Denman Island含羞草研究社檚 shoreline, local Fire Chief Rob Manering called the Canadian Coast Guard.
He filed an incident report with the government agency, and shared the case number with Liz Johnston, a board member of the Association for Denman Island Marine Stewards (ADIMS).
Initially, Johnston admitted to feeling optimistic, hoping for the prompt removal of the burnt wreck. Her enthusiasm, however, quickly waned giving way to confusion and exasperation.
含羞草研究社淲hen (I contacted the Coast Guard officer), they said that they would get back to me, but they never did,含羞草研究社� said Johnston. 含羞草研究社淭hey literally blew me off, so we made an official complaint含羞草研究社� because it was pretty clear that nothing was happening. It含羞草研究社檚 all lip service.含羞草研究社�
As part of ADIMS, one of Johnston含羞草研究社檚 goals, along with fellow board member Melanie Hewson, is to help citizens file reports about derelict vessels. However, both women emphasized that the system in place remains complex, confusing, and lacks any sort of comprehensive guidance.
含羞草研究社淣ormally the best person to do a report is the person who has found (the derelict vessel) because they have all the details and can put in a formal complaint,含羞草研究社� said Hewson. 含羞草研究社淏ut in most cases, there含羞草研究社檚 no place that gives you the direct contact information to reach a person. You may send a message but no one knows if it went to the right department and nobody calls you back.含羞草研究社�
In an attempt to find answers to her query, Hewson connected with eight governmental agencies.
含羞草研究社淚t certainly should not fall to the individual to try and resolve the issue themselves,含羞草研究社� added Hewson. 含羞草研究社淚t takes a lot of effort and you have to (directly connect with) a person who takes that personal accountability as opposed to someone who含羞草研究社檚 looking for reasons why it含羞草研究社檚 not their (responsibility).含羞草研究社�
Malcolmson含羞草研究社檚 solution
Former NDP MP for Nanaimo-Ladysmith Sheila Malcolmson wanted to prevent this very conundrum.
The Gabriola Island resident became an advocate for solutions to vessel abandonment several years before her time in federal politics.
In 2008, Malcolmson was elected chair of the Islands Trust Council and dealt firsthand with this issue endemic to coastal communities across the province.
One particular case involving the beaching of the 187-foot McBarge - a floating McDonald含羞草研究社檚 restaurant built for Vancouver含羞草研究社檚 Expo 86 - on the private property of a Galiano Island resident became a defining moment in Malcolmson含羞草研究社檚 political career.
含羞草研究社�(The residents) came to us asking if we could help them solve this problem because they had exhausted every possibility of every government department,含羞草研究社� said Malcolmson. 含羞草研究社淲e couldn含羞草研究社檛 find anybody and interestingly, multiple other local governments含羞草研究社� were all hitting dead ends.
含羞草研究社淲e wanted to have a fast response capability because we recognized that the local fishing and tourism industry was at risk, as well as our marine environment. We also wanted to含羞草研究社� prevent the vessels from being abandoned in the first place.含羞草研究社�
Determined to bring change, Malcolmson ran for MP and was elected in 2015.
Carrying the work of her predecessor, MP Jean Crowder, the politician proposed her private member含羞草研究社檚 bill C-352, in which she wanted to amend the 2001 Canadian Shipping Act by providing a national strategy for vessel abandonment.
The brief yet thorough proposal designated the Coast Guard as the primary lead agency responsible for addressing derelict watercraft. Additionally, it aimed to enforce robust legal regulations and implement a mandatory registration system to prevent boat abandonment.
含羞草研究社淭here was no accountability framework for (people abandoning their) vessels,含羞草研究社� said Malcolmson. 含羞草研究社淚t含羞草研究社檚 a real hole in jurisdiction; a no-man含羞草研究社檚 land of responsibility that we were attempting to repair.
含羞草研究社淲hat my legislation was aiming to do was to get taxpayers off the hook by fixing boat registration and creating a fund to help cover the cost of vessel disposal. The fact that we含羞草研究社檝e had to use taxpayer dollars to pay for those clean-ups含羞草研究社� remains a disappointment to me.含羞草研究社�
Her bill was quashed by the Liberal含羞草研究社檚 majority government. Shortly after, the Minister of Transport proposed the Wrecked, Abandoned, and Hazardous Vessel Act (WAHVA).
In short, the WAHVA, in effect since July 2019, made it illegal for boat owners to desert their watercraft, slapping offenders with fines going up to $1 million.
A dual-ministered approach by the Canadian Coast Guard and Transport Canada was chosen to ensure the enforcement of this fledging legal instrument.
However, community leaders and local voices are deploring the seeming inefficacy of this act, veiled in intricate procedures.
Four years after its implementation, only two fines were levied.
The Role of the Canadian Coast Guard
According to Jeff Brady, superintendent of Marine Environmental Hazard Response for the Western Region of Coast Guard, the procedures are simple. Whenever someone witnesses a derelict vessel, they should call the Coast Guard含羞草研究社檚 reporting desk at 1-800-889-8852, available 24-7.
The person reporting an incident will be asked to provide a detailed description of the watercraft, its location, and any other specific element worth mentioning.
According to Brady, once a report is filed, a deputy officer would be deployed to the scene to determine the severity of the situation.
含羞草研究社淭he Coast Guard is really the first agency to do an assessment and we deal with emergencies,含羞草研究社� said Brady. 含羞草研究社�(If we determine that this is the case), we immediately start working with our partners and the vessel含羞草研究社檚 owner (if there is one) to mitigate any type of hazards.含羞草研究社�
In the event that the boat poses an imminent threat to public health and/or the environment, Brady stated that the Coast Guard含羞草研究社檚 response is expedited and is often dealt with within 24 hours.
However, if the circumstances do not call for urgent measures, the case gets handed over to Transport Canada, as well as a variety of local and governmental actors.
含羞草研究社淚含羞草研究社檓 not totally aware of the authorities of all those different levels of government and different organizations and what they have,含羞草研究社� said Brady. 含羞草研究社淭here are a lot of people who are involved in the assessment or response of abandoned hazardous vessels.含羞草研究社�
When asked about the lack of enforcement, Brady offered 含羞草研究社渘o comment right now.含羞草研究社� Nevertheless, he emphasized that respecting WAHVA含羞草研究社檚 new regulations and educating the public present significant challenges in exercising his authority.
The role of Transport Canada
When Transport Canada receives a new file from the Coast Guard, an additional round of assessments is required to determine if a boat can be identified as abandoned, according to WAVHA含羞草研究社檚 new regulations.
Subsequently, Ryan Greville, manager of the Navigable Waters Protection Program at Transport Canada, explained that an internal triage ranks the vessels on a list based on their 含羞草研究社渙wn sense of urgency.含羞草研究社�
If the governmental agency can find the watercraft含羞草研究社檚 owner, they will try to sort the situation without employing their legal arsenal. Conversely, if they can not trace the proprietor, Transport Canada will take the necessary measures to dispose of the vessel.
Echoing arguments similar to Brady含羞草研究社檚 regarding the lack of enforcement, Greville added that the vast expanse of B.C.含羞草研究社檚 waters and the accumulation of boats over the years play a significant role in the seemingly slow response that many criticize.
含羞草研究社淲e receive an average of 3 to 5 reports of vessels per week. We can含羞草研究社檛 be everywhere all at once,含羞草研究社� said Greville. 含羞草研究社淥bviously, those we identify as having the highest risk are the ones that are most likely candidates for removal.
含羞草研究社淓very assessment is looked at through a particular lens. Because there are (numerous federal and provincial agencies) with different powers, we always have to make a decision about what is the most appropriate action to be taken in each case.含羞草研究社�
Greville said one of the greatest challenges at work is the constant pressure of public scrutiny.
含羞草研究社淚 think one of the big challenges is public expectations versus what our power and authority are,含羞草研究社� said Greville. 含羞草研究社淚 think that a lot of people think (that reporting a vessel will make it disappear), but that含羞草研究社檚 not the case.含羞草研究社�
含羞草研究社�(People keep calling back) and want to know what含羞草研究社檚 going on. (Yet, you wouldn含羞草研究社檛 do this) if you call the police to report something含羞草研究社� There含羞草研究社檚 no public feedback loop built into any of our processes含羞草研究社� because when you含羞草研究社檙e dealing with any kind of enforcement, there are privacy concerns.含羞草研究社�
With a yearly operational budget of up to $800,000, Greville and his team can dispose of an average of 70 vessels every year.
However, Malcolmson criticized a similar budget in the past, deeming it insufficient to adequately deal with high-profile cases like the Viki Lyne II - a 107-foot vessel removed from Ladysmith含羞草研究社檚 harbour in 2016.
含羞草研究社淚t cost us $1.2 million to remove (this vessel) that the Coast Guard had surveyed as being at risk of sinking,含羞草研究社� said Malcolmson. 含羞草研究社�(At that time), the federal budget that they proposed for abandoned vessel removal was $1 million a year. That wouldn含羞草研究社檛 even cover a single (case) of that complexity.含羞草研究社�
While Greville underlined that high-profile cases represent only a fraction of the numerous vessels littering the province含羞草研究社檚 waters, he said that Transport Canada currently lacks the funds to address these boats.
含羞草研究社淯nfortunately, we don含羞草研究社檛 always have the money含羞草研究社� ahead of time. It含羞草研究社檚 kind of tricky to set aside $3 million,含羞草研究社� said Greville. 含羞草研究社淗opefully, that含羞草研究社檚 one of the things that the vessel remediation fund will do.含羞草研究社�
Financed by fines and registration fees, the fund to which Greville alluded, similar to what Malcolmson proposed during her time in office, has yet to be implemented.
The Record will continue monitoring the derelict boat issue and report on any solution-based development.
含羞草研究社斺赌斺赌�
A few weeks after the publication of the second installment of the series, the burnt wreck that initiated this investigation was taken away from the western shoreline of Denman Island on Aug. 26. The next day, another boat, located on the eastern shore, was removed.
FIRST INSTALMENT OF THE SERIES -
SECOND INSTALMENT OF THE SERIES -
