To: Ministry of Forests, Lands and Natural Resource Operations File # Transport Canada File #

Transcription

1 1 March 22, Saltspring Pl. Parksville, B. C. V9P2X6 To: Ministry of Forests, Lands and Natural Resource Operations File # Transport Canada File # Re: Proposed Resort Marina in Squirrel Cove, Cortes Island, B. C. Since I first became aware of this proposal in the summer of 2011, I have spoken with many boaters and reviewed countless submissions to government by boaters who use Squirrel Cove as a safe, protected and peaceful anchorage in Desolation Sound. What I am hearing from these boaters is that they are almost unanimous that they do not want any commercialization in Squirrel Cove. Even this smaller proposal still includes marinas in the north and south ends of the cove as well as a large aquaculture operation in the center of the cove. In reality, the Klahoose First Nation wishes to increase their economic independence and I strongly support that basic goal. The problem is that building marinas at both ends of this cove, putting in a large number of moorings and activating a 3 ha aquaculture lease 1 right in the middle of this bay, will drastically alter the environment in perpetuity. Our grandchildren and great grandchildren will not be able to enjoy the unspoiled beauty of this place. This new application presents a much smaller proposal however there are potentially serious problems: 1. This proposal may not be a financial success. Marinas in rural areas of the coast are not doing well financially. I know of one marina that is offering boaters free moorage if they will donate their work at the marina. 2. There is a changing demographic in boat ownership and usage. Details will be discussed below. 3. There are other well established, competing marinas in the area such as Refuge Cove, Gorge Harbour, Heriot Bay, Lund, Powell River and Campbell River. 4. The aquaculture area is located in a good area for aquaculture, but it will block a lot of the anchorage and the navigation channels around it are narrow. The maps show a width of 50m, but in reality the actual navigable area is narrower because in places, the channels are shown right up to the rocks. No prudent boater would take his/her vessel that close to the shore. 5. The navigation channels are not part of the lease area and so it appears that small boats could anchor in these channels. This could impede navigation to the northern part of Squirrel Cove where there is room to anchor larger vessels. 1 The aquaculture operation would occupy approx 8% of the navigable area of Squirrel Cove if areas E and R are approved.

2 2 6. The Klahoose Resort Limited Partnership has requested the right to control all anchoring in Squirrel Cove, but of course they cannot have that right unless they have a lease over all anchorage areas. 7. The application assumes that a water depth of 2m is adequate for all vessels up to The entrance channel is shown on the map as 50m wide, however when one examines Canadian Chart #3555, the navigable width is probably not much more than 30-35m. This will be especially important because the business model for this proposal emphasizes serving vessels ft in length with the dream that they could accommodate vessels as large as 200+ ft. 9. The application provides for a seaplane dock. Cortes Island already has 2 recognized water aerodromes in Cortes Bay and Gorge Harbour. Using Squirrel Cove as a seaplane destination has a number of obstacles: The narrow entrance to the cove Strong current in the entrance at times Limited maneuvering area and boat traffic inside the cove The necessity of landing/taking off in the unprotected outer bay I would be surprised if any float plane operators show interest in servicing this site. The Changing Demographics in Boat Ownership and Usage Owning and operating a boat is a very expensive pastime. The average boat owner today is much older than those of 40 years ago and many are selling their boats because of health issues. Most BC yacht clubs are finding no growth or in some cases, an actual decrease in their memberships. Unfortunately, with many young people struggling to pay their house mortgages, there is often no money left for boating. Most boaters that I have spoken with feel that this proposal is not economically viable; and they are the potential customers. High fuel prices are an important element to consider. Fuel prices are much higher than even just a few years ago and they will probably continue to gradually increase. For many power boaters, a fill up can cost thousands of dollars. One can easily see the result of these forces by just looking at the huge glut of boats for sale at this time on both sides of the border. Fewer boats are cruising and those that do; tend to stay closer to home because of the fuel costs. Area E (17.4 ha) This area envisages 69 slips (45-83 ) and 57 single-point moorings (45-90 ) as well as a 440 side-tie dock for proposed accommodation for over 126 vessels. Although the Klahoose FN have claimed up to private vessels anchoring at once in Squirrel Cove, I have never seen anywhere near this number and in recent years the average is probably closer to on a busy day. On July 30, 2011, at the height of the summer season, I counted the vessels at anchor and found 67 of various sizes. Based on these numbers, the size of this marina is certainly sufficiently large and in fact they will probably have difficulty filling all these berths and moorings even on a busy summer day.

3 3 I have serious concerns about the plans provided by PSA Engineering Ltd. for the mooring area: There is no mention of the type of anchorage system proposed other than to state that they will be single-point moorings. The marked swinging circles show that there will be only a few feet between vessels moored in the area and with a vertical, 1:1 scope mooring line. The plan also does not consider the fact that Squirrel Cove is tidal with an approx tidal range of 16. The moorings are placed so close together that access to them will be hazardous for many vessels. If this mooring plan is approved, it will result in vessel collisions. The very close placement of the moorings will discourage usage. Boaters are looking for much more privacy than this. It is hard to imagine a professional engineer proposing such a scheme. Let me demonstrate what impact tide will have on these plans. Let s consider a mooring with swinging circle of 20m radius. Assume a LW depth of 30 and a HW depth of 46. At HW, the line to the mooring anchor would be vertical with 1:1 scope and a length of 46. The radius of the swinging circle of a 50 vessel would be 50 + pennant 8 for a total of 58. This is within the radius of a 20m mooring (65 ). The problem is what happens at LW and a depth of 30. There is still a mooring line 46 long and the swinging circle would be increased by 35 for a swinging circle with a radius of 93. This is 28 in excess of the proposed swinging circle of 65. Vessel collisions would be assured! With regard to the anchoring system, this will have to be able to safely secure vessels up to 90 in length in winds up to 40-50knts that can occur in this area at any time of the year. The details on this aspect of Area E are so error filled and deficient that I will not comment further, except to say that I am sure that Transport Canada will also have concerns about this proposal as it appears that this mooring field will not meet their guidelines for a safe moorage area. Area R (2.2 ha) I see no need for Area R to be developed at this time. There appears to be more than adequate space for potential demand at this time in area E. An application for approval of area R could be considered in the future if demand is present. If Area R was approved, there would be in effect 2 marinas in Squirrel Cove. This goes completely against what the boat owners have indicated what they want to see in Squirrel Cove. Boaters indicated that they did not want any commercialization in Squirrel Cove and if commercialization was approved, they wanted it kept to a minimum. When boaters decide to tie up to a commercial dock, they are looking for fresh water, electricity, garbage disposal, laundry, sewage pump out and shore facilities. As Area R has no road access, no water supply and no electricity, I do not think that the approval of this area would be a wise economic decision.

4 4 As Area R has no road access, maintenance and fire protection of the area would present challenges. This area is a very popular anchorage location for owners of smaller vessels. There is good shelter and the water is not too deep. I recommend that the application for a License of Occupation for Area R be denied. As there is no demonstrated need for Area R at this time and anchorage will be denied. I urge Transport Canada to rule that this proposed License of Occupation would substantially interfere with navigation in Squirrel Cove. Aquaculture Area KFN (3 ha) There are substantial shellfish aquaculture operations in Gorge Harbour. Off-bottom aquaculture operations occupy 3.6% 2 of the area of Gorge Harbour. After deducting the area of the proposed Area E and Area R leases, the 3 ha aquaculture proposal for Squirrel Cove is relatively much larger than Gorge Harbour. In fact this operation would occupy about 8% of the remaining navigable water of the cove. In other words, if the activation of this lease is approved it will really dominate the remaining water of the cove. The environmental and economic carrying capacity of Squirrel Cove must be seriously considered. There are extensive records 3 4 of conflicts between the residents around Gorge Harbour and the aquaculture operations there. It is not hard to imagine the potential conflict problems with boaters in Squirrel Cove. I understand that this location is a good one for shellfish aquaculture, however if approved, it is going to have a very negative impact on the overall environment in the cove. I would recommend that the request to activate this lease be denied. I urge Transport Canada to rule that activating this lease would substantially interfere with navigation in Squirrel Cove. Impact of the Cortes Official Community Plan The Cortes Island OCP is currently under revision and I have reviewed the draft #2 of this document. The following paragraphs are of significance: 2 Cortes Island Coastal Plan for Shellfish Aquaculture ibid 4 See Appendix A

5 k. Wherever possible, the siting, use, scale and form and character of the coastal development should: i. not interfere with navigation, or create land use conflicts with recreational boaters, swimmers, or pedestrians b. Rezoning applications shall be discouraged where it is demonstrated that the area under consideration is frequently used by the public for recreation or the site is known to have archaeological values c. iv Squirrel Cove: The Squirrel Cove area is recognized as an established community on Cortes, serving as a marine gateway to Desolation Sound. The presence of a government dock and the safe anchorage offered by the protected waters to the north offers significant value to recreational and resource-based user groups. Relevant Sections from the Cortes Island Coastal Plan for Shellfish Aquaculture Squirrel Cove is a protected harbor with high biological values and a diversity of uses, including recreation, tourism, and shellfish culture. 5 Issues and Concerns: Squirrel Cove is a major recreational boat use and anchorage area 6 Management Guidelines: 7 Remove Land Act UREP Notation of Interest over Squirrel Cove for recreational purposes in favour of WLAP 8 New tenures should avoid interference with navigation New tenures should not impede access to safe anchorages in Squirrel Cove For comments on Land Act UREP Notation of Interest See Appendix B 5 page 61 6 Page 62 7 Page 62 8 Ministry of Land, Water and Air Protection

6 6 The problem of loss of good anchorages on the B. C. coast Boaters have seen the gradual loss of good anchorages to various aquaculture operations over the past 20 years. It seems that the B. C. and Federal governments just continue to approve various aquaculture operations without any consideration for those, both commercial and recreational, who use and enjoy our coastal waters. This proposal for Squirrel Cove represents another assault on our safe, secure anchorages. Boaters become angry when they see the safe, secure anchorage that they stayed in last year, now filled with various floating aquaculture structures. It seems to me that this proposal for Squirrel Cove demonstrates that the current process of approving this type of water lease is defective in several ways: 1) Official notice of these applications only has to be in the area of the application. In this case, while 1,042 9 people live on Cortes Island, there are many thousands of boaters, both commercial and recreational who regularly visit Squirrel Cove. The current requirement for advising concerned persons of an application, fails to notify those, who in this case are significant stakeholders. I encourage the B.C. government to give consideration to requiring much more extensive official notification in cases such as this proposal. 2) I have found it incredibly difficult to obtain the facts regarding this application. The information on the website provided no details of the application. The current revised application is inaccurate in that it does not mention that the Klahoose Resort Limited Partnership was also seeking approval to activate their aquaculture lease in the center of the cove. The only way that I could obtain sufficient information to submit an educated comment was to file a freedom of information request. This is really ridiculous. I encourage the B.C. government to look at ways to provide more detailed information on applications such as this that impacts thousands of persons. The information being provided on the website is laughable. I encourage the B.C. government to look at ways to make the website much more informative. I encourage the B.C. government to look at ways to obtain more input from experienced commercial and recreational boaters in making decisions on aquaculture operations. Summary I urge all involved agencies to carefully review the material in this document. Intended or not, there has been very little transparency in this process right from the beginning. All boaters will thank you if you give this document serious attention. Peter Stockdill M.D. pstockdill@telus.net census

7 7 APPENDIX A NEWS RELEASE For immediate release January 9, 2012 Regional District and Operators Reach Agreement On Gorge Harbour Aquaculture Activity Campbell River, B.C. The Regional District has today reached agreement with Island Sea Farms Inc. and Desolation Sound Oysters Ltd. concerning the operation of an aquaculture fishery located in Gorge Harbour on Cortes Island. The agreement is the result of a mediated settlement process which was commenced in early The settlement agreement provides that the aquaculture operators will meet or exceed the Environmental Code of Practice adopted by the B.C. Shell Fish Association and, in particular, that they will: ensure that any noise caused by mechanization and harvesting operations does not exceed 65 decibels at any time on adjacent (shorefront) properties; take immediate steps if economically viable to acquire a new harvesting vessel with noise level reduction capabilities. In exchange, the Regional District has agreed to discontinue the action that it had commenced in 2009 in the B.C. Supreme Court which sought to declare the above aquaculture operations in violation of local zoning bylaws. The Regional District appreciates the willingness of the operators to find a resolution to this dispute through a mediated settlement process and to voluntarily adopt a position of being good corporate neighbours to the Gorge Harbour community stated Craig Anderson, Chair of the Regional District Board of Directors. This sentiment was echoed by Cortes Island Director, Noba Anderson (no relation), who stated Given that Gorge Harbour is such a multi-use area compromise by all parties is critical and I am heartened that we have reached an amicable resolution to this long-standing dispute. The Strathcona Regional District (SRD) is a partnership of four electoral areas and five municipalities providing approximately 43,000 residents with 72 services including parks, liquid and solid waste systems, fire protection, emergency preparedness programs and a full-service sports facility Media contact: Brian Reardon, Chief Administrative Officer (250) APPENDIX B There seems to be no logic to some decisions made in the Cortes Island Coastal Plan for Shellfish Aquaculture. I am disturbed that even though it is widely recognized that Squirrel Cove is one of the safest and widely used anchorage areas in Desolation Sound, the Cortes Island Coastal Plan for Shellfish Aquaculture recommends that the Land Act Notice of Interest for recreational purposes in Squirrel Cove is removed. To add to this lack of logic, the Plan recommends the continuing of Land Act Notice of Interest for recreational purposes in Uganda Passage and an area south of Cortes Bay. No explanation for this decision is supplied.