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Derelict boats, Part 3: Solution mired in governmental bureaucracy

Former Nanaimo-Ladysmith MP Sheila Malcolmson calls situation B次元官网网址榓 no-manB次元官网网址檚 land of responsibilityB次元官网网址

This is the third instalment of the RecordB次元官网网址檚 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 provinceB次元官网网址檚 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 IslandB次元官网网址檚 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.

B次元官网网址淲hen (I contacted the Coast Guard officer), they said that they would get back to me, but they never did,B次元官网网址 said Johnston. B次元官网网址淭hey literally blew me off, so we made an official complaintB次元官网网址 because it was pretty clear that nothing was happening. ItB次元官网网址檚 all lip service.B次元官网网址

As part of ADIMS, one of JohnstonB次元官网网址檚 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.

B次元官网网址淣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,B次元官网网址 said Hewson. B次元官网网址淏ut in most cases, thereB次元官网网址檚 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.B次元官网网址

In an attempt to find answers to her query, Hewson connected with eight governmental agencies.

B次元官网网址淚t certainly should not fall to the individual to try and resolve the issue themselves,B次元官网网址 added Hewson. B次元官网网址淚t takes a lot of effort and you have to (directly connect with) a person who takes that personal accountability as opposed to someone whoB次元官网网址檚 looking for reasons why itB次元官网网址檚 not their (responsibility).B次元官网网址

MalcolmsonB次元官网网址檚 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 McDonaldB次元官网网址檚 restaurant built for VancouverB次元官网网址檚 Expo 86 - on the private property of a Galiano Island resident became a defining moment in MalcolmsonB次元官网网址檚 political career.

B次元官网网址(The residents) came to us asking if we could help them solve this problem because they had exhausted every possibility of every government department,B次元官网网址 said Malcolmson. B次元官网网址淲e couldnB次元官网网址檛 find anybody and interestingly, multiple other local governmentsB次元官网网址 were all hitting dead ends.

B次元官网网址淲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 toB次元官网网址 prevent the vessels from being abandoned in the first place.B次元官网网址

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 memberB次元官网网址檚 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.

B次元官网网址淭here was no accountability framework for (people abandoning their) vessels,B次元官网网址 said Malcolmson. B次元官网网址淚tB次元官网网址檚 a real hole in jurisdiction; a no-manB次元官网网址檚 land of responsibility that we were attempting to repair.

B次元官网网址淲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 weB次元官网网址檝e had to use taxpayer dollars to pay for those clean-upsB次元官网网址 remains a disappointment to me.B次元官网网址

Her bill was quashed by the LiberalB次元官网网址檚 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 GuardB次元官网网址檚 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.

B次元官网网址淭he Coast Guard is really the first agency to do an assessment and we deal with emergencies,B次元官网网址 said Brady. B次元官网网址(If we determine that this is the case), we immediately start working with our partners and the vesselB次元官网网址檚 owner (if there is one) to mitigate any type of hazards.B次元官网网址

In the event that the boat poses an imminent threat to public health and/or the environment, Brady stated that the Coast GuardB次元官网网址檚 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.

B次元官网网址淚B次元官网网址檓 not totally aware of the authorities of all those different levels of government and different organizations and what they have,B次元官网网址 said Brady. B次元官网网址淭here are a lot of people who are involved in the assessment or response of abandoned hazardous vessels.B次元官网网址

When asked about the lack of enforcement, Brady offered B次元官网网址渘o comment right now.B次元官网网址 Nevertheless, he emphasized that respecting WAHVAB次元官网网址檚 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 WAVHAB次元官网网址檚 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 B次元官网网址渙wn sense of urgency.B次元官网网址

If the governmental agency can find the watercraftB次元官网网址檚 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 BradyB次元官网网址檚 regarding the lack of enforcement, Greville added that the vast expanse of B.C.B次元官网网址檚 waters and the accumulation of boats over the years play a significant role in the seemingly slow response that many criticize.

B次元官网网址淲e receive an average of 3 to 5 reports of vessels per week. We canB次元官网网址檛 be everywhere all at once,B次元官网网址 said Greville. B次元官网网址淥bviously, those we identify as having the highest risk are the ones that are most likely candidates for removal.

B次元官网网址淓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.B次元官网网址

Greville said one of the greatest challenges at work is the constant pressure of public scrutiny.

B次元官网网址淚 think one of the big challenges is public expectations versus what our power and authority are,B次元官网网址 said Greville. B次元官网网址淚 think that a lot of people think (that reporting a vessel will make it disappear), but thatB次元官网网址檚 not the case.B次元官网网址

B次元官网网址(People keep calling back) and want to know whatB次元官网网址檚 going on. (Yet, you wouldnB次元官网网址檛 do this) if you call the police to report somethingB次元官网网址 ThereB次元官网网址檚 no public feedback loop built into any of our processesB次元官网网址 because when youB次元官网网址檙e dealing with any kind of enforcement, there are privacy concerns.B次元官网网址

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 LadysmithB次元官网网址檚 harbour in 2016.

B次元官网网址淚t cost us $1.2 million to remove (this vessel) that the Coast Guard had surveyed as being at risk of sinking,B次元官网网址 said Malcolmson. B次元官网网址(At that time), the federal budget that they proposed for abandoned vessel removal was $1 million a year. That wouldnB次元官网网址檛 even cover a single (case) of that complexity.B次元官网网址

While Greville underlined that high-profile cases represent only a fraction of the numerous vessels littering the provinceB次元官网网址檚 waters, he said that Transport Canada currently lacks the funds to address these boats.

B次元官网网址淯nfortunately, we donB次元官网网址檛 always have the moneyB次元官网网址 ahead of time. ItB次元官网网址檚 kind of tricky to set aside $3 million,B次元官网网址 said Greville. B次元官网网址淗opefully, thatB次元官网网址檚 one of the things that the vessel remediation fund will do.B次元官网网址

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.

B次元官网网址斺赌斺赌

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 -



Olivier Laurin

About the Author: Olivier Laurin

IB次元官网网址檓 a bilingual multimedia journalist from Montr茅al who began my journalistic journey on Vancouver Island in 2023.
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