MOORING BUOYS – ESQUIMALT HARBOUR

RECOMMENDATION

THAT Committee receive this report for information.

CHIEF ADMINISTRATIVE OFFICER’S COMMENTS

I concur with the recommendation.

DIRECTOR OF DEVELOPMENT SERVICES’ COMMENTS

I concur with the recommendation.

PURPOSE OF REPORT

To present Committee with information relating to a request from CFB Esquimalt for Council’s opinion on mooring buoys within Esquimalt Harbour.

BACKGROUND

CFB Esquimalt is interested in creating a set of guidelines and a process by which private mooring buoys are regulated within their portion of the harbour. This process may range from not permitting any private buoys whatsoever (and removing the existing ones) to creating a system of licensing similar to the license of occupation process currently in place for docks.

Typically, mooring buoys are regulated by Transport Canada. In the case of the federal harbour, however, Transport Canada regulations do not apply and there is no formal process in place at CFB Esquimalt to permit the buoys. CFB Esquimalt has informed staff that they are not aware of one buoy in the harbour which currently meets all Transport Canada regulations for private mooring buoys.

Up until now, CFB Esquimalt has largely turned a blind eye to private buoys within the harbour. They have received very few complaints in recent years, and entertain only 2-3 requests for buoys per year.

It is staff's understanding that, at the very least, regulations similar to Transport Canada's would be applied to private mooring buoys by CFB Esquimalt should they permit them at all.

CFB Esquimalt has requested that Council provide its position on buoys to aid in its decision making process in the harbour.

Current Conditions

Staff has not surveyed the mooring buoys in the harbour other than looking at air photos. By this, staff has identified approximately 20 visible buoys; there are likely more.

From a use standpoint, the buoys are currently used in a variety of ways (whether lawfully or not):

• Seasonal use for pleasure craft
• Temporary or seasonal use for live-aboard (prohibited by Zoning Bylaw)
• Year-round use for pleasure craft
• Year-round use for live-aboard (prohibited by Zoning Bylaw)
• Securing chattel

The question to be put forward to Council is: assuming the prohibition on live-aboard is to remain, does the Town want to endorse seasonal and/or year-round mooring buoys for pleasure craft usage?

ISSUES AND ANALYSIS

Current Policy and Regulation

The Town's policy surrounding recreational use of the shoreline within the Official Community Plan speaks to the seasonal nature of shoreline opportunities. While the OCP does not address buoys directly, it has this to say regarding moorage in the context of docks:

"Private docks and wharves should be designed to provide access to the water and seasonal boating opportunities, rather than sized to facilitate year round moorage of boats."

The Zoning Bylaw speaks more directly to this use: live-aboard use within the municipality is not permitted.

With use comes the issue of access – dinghies are stored lawfully (on docks, on private property with permission, carried on vehicles etc) and unlawfully (usually on beaches). The Town has recently had issues with nuisance live-aboard parking and storage of dinghies on town property, particularly at the end of Hallowell Rd. This issue has the real potential to impact residential streets through increased parking and clutter small public beaches and coves with dinghy storage. Should the Town want to endorse private moorage in any way, staff suggests that the Town request a parking and dinghy plan or statement associated with a license for a private mooring buoy.

CFB Esquimalt (DND) Position

DND took over authority of the federal portion of Esquimalt Harbour in 2005. From a recreational point of view, the control over the harbour is largely a burden both operationally and legally. Much of the time, salvage of abandoned and derelict boats, docks, buoys etc. is their main involvement in the Town's portion of the harbour, and all the associated liability management which comes with it.

In the case of private mooring buoys, CFB Esquimalt does not want derelict buoys in the harbour. Furthermore, they would prefer that the buoys which are in the harbour meet regulations more or less aligned with what Transport Canada would require when registering a buoy within a navigable waterway.

The Transport Canada regulations for private mooring buoys:

The mooring buoy must be:

1. Secured by a single anchor line,
2. Marked as per An Owners' Guide to Private Buoys 8.4

The mooring buoy including swing area must be:

3. Placed no less than 20 meters from any existing docks, boathouses, swim platforms, other mooring buoy or other structure located within limits of waterway,
4. Placed at least 50 meters from any public launch ramp, marina, known navigation channel

AND:

5. Where free swinging moorings are utilized, they shall require a circular area having a radius equal to three (3) times the length of the vessel
6. Moored vessels must comply with the Collision Regulations.

CFB Esquimalt points out that, unlike docks, there will be no possibility to 'grandfather' mooring buoys in any case where they have their attention turned to them. Existing buoys will have to be removed unless they meet any regulation DND may adopt, which will likely mirror the Transport Canada regulations.

Potential Town Positions/Interests

Unlike private docks, private mooring buoys themselves are exclusively within the DND domain of deep water, beyond even the foreshore. It is very difficult and impractical for the Town to regulate the use of private mooring buoys in the federal harbour. In this sense, the Town's best role in this is to provide a considered opinion based on existing policy, public input and Council will without the expectation or commitment of additional work required in terms of policy, regulation or enforcement.

Regardless, in the situation where policy or regulation is formed by DND, all of the buoys in the harbour will have to be removed and application by residents will need to be made for buoys moving forward. They are simply not safe, impede navigation, and left as they currently sit are a significant liability for DND and for their owners. In this sense, the easiest thing for the Town would be to not support mooring buoys in the harbour.

On the other hand, it appears that there is use of buoys in the harbour by View Royal residents. Should the seasonal use be valued, staff suggests that the Town only support seasonal use of buoys which meet Transport Canada regulations (or equivalent) with the understanding that the Town not be responsible for regulating the use in the harbour – a 'hands off' approach.

RECOMMENDATION

THAT Committee receive this report for information.

SUBMITTED BY James Davison MCIP RPP, Planner

REVIEWED BY Lindsay Chase, MCIP RPP, Director of Development Services

Attachments

1. Transport Canada: An Owner's Guide to Private Buoys