UBCM Community Excellence Awards 2007 Submission

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UBCM Community Excellence Awards 2007 Submission Formatted: Left: 2.54 cm Category: Partnerships Project: Implementation of False Creek Anchoring Management System 1. A one-paragraph summary of the project/program being submitted. False Creek is a very popular waterway for many boating related activities and industries including dragon boating, canoeing, kayaking, visiting pleasure boats, public ferries, charter ships and commercial tugs. As a result of increasing and often conflicting demands for the use and enjoyment of the creek, and the City of Vancouver applied to the federal government for a change to the Canada Shipping Act, creating a new Boating Restriction Regulation specific to False Creek. The new regulation, enacted in November 2005, is the first of its kind in Canada, and is a novel use of existing federal legislation to solve a local issue. The City of Vancouver partnered with several federal agencies and the Vancouver Police Department to develop and implement the new regulation. The City continues to work closely with numerous boating groups, marinas and the public to ensure its success. The new system is designed to improve boating access in the creek providing a safer and less congested environment, and allow more equitable access for all boaters who want to use the waterway. 1

UBCM Community Excellence Awards 2007 Submission Category: Partnerships Project: Implementation of False Creek Anchoring Management System 2. A project/program summary report outlining how UBCM category guidelines were met, including why this project defines Excellence. The summary report must be five pages or less. Existing Situation Enjoying False Creek as a recreational user or as a commercial operator was becoming less enjoyable and more hazardous. Stewardship of the creek is shared by various parties who have jurisdiction over activities comprising of mostly private water lots and marinas along the banks and the navigation channel which occupies most of the center, leaving very little available space for anchoring. In 1999, approximately thirty vessels were anchored in the available areas of the creek with the number fluctuating slightly in the summer. The number of boats continued to rise as they were being anchored for long periods of time (often months or years) and left unattended. By the end of 2006 there were over one hundred and thirty which exceeds what is considered an appropriate number of vessels in a limited space.. Unseaworthy boats were causing serious hazards as they regularly sank, causing both a submerged hazard, and environmental concern. The number of sunken boats was averaging five to seven a year presented significant cost to Vancouver taxpayers for the clean-up and disposal when the owner could not be located. Unattended boats regularly dragged anchor and drifted into other anchored boats or marinas, causing damage. The increased congestion was also making the creek less enjoyable for recreational boaters and small commercial ferry operations as it was difficult to manoeuvre around the large number of anchored vessels. Festivals and out of town boaters by-passed the city because there was no room to safely anchor and Vancouver was quickly becoming known as an unfriendly city for boaters. Jurisdiction Existing marine legislation is varied and often complex. Most other coastal water bodies with similar demand and use are regulated through existing port authorities or Small Craft Harbours. However, there is no such authority with a specific mandate to manage False Creek. Even thought the city did not have legal jurisdiction to manage anchoring specifically, the ability to engage in other activities existed. The city had the ability to improve access to transient and live-aboard moorage, onshore boater amenities through our own civic facilities and development process. Public relations and stakeholder consultation was also within the mandate of the City. Because we felt that the management of False Creek was a local issue, we wanted to be actively involved in its final management solution. 2

The federal government has legislative authority and jurisdiction over all Canadian waters 1. Specifically the Canada Shipping Act governs anchoring and the Navigable Waters Protection Act governs activities in the navigation channel, and a means to deal with sunken or abandoned vessels. However, neither of these acts contained regulations specific enough to limit the period of time a vessel is allowed to anchor. Boating Restriction Regulations (BRR) found in the Canada Shipping Act are used where no other Act or regulation applies and allows for the restriction of boating activities, on a specific body of water, in order to achieve safety, environmental, or public interest objectives. If a BRR was created for False Creek, it would be the first time in Canada it would be used to manage anchoring. Partnership In early summer 2001, Transport Canada Marine Safety, Office of Boating Safety (OBS) (then under the jurisdiction of the Coast Guard) agreed to partner with the City to investigate the anchoring issues and to look at the need for management of the situation through a BRR. A stakeholder consultation program was initiated and the results used in the development of the False Creek Anchoring Management Plan and to determine if a BRR was required. The objectives of the public consultation program were to: Share information with the public on anchoring issues in False Creek, and on some of the approaches being considered; Assess stakeholder s opinions of anchoring issues, challenges and opportunities in False Creek; Determine if stakeholders believed that an anchoring management plan was necessary; and Identify approaches and ideas for anchoring management and levels of support required by different approaches. It was hoped that the exchange of ideas and perspectives between the stakeholders in the False Creek area would help to promote understanding of the many issues and perspectives. Print ads, letters and signage were used to inform stakeholder groups of the public process and opportunity to participate. Feedback was gathered from: four public open houses with displays and staff from the City and Transport Canada; a project website containing an online and printable survey, direct email link project information telephone line, with recorded information on the public consultation process, as well as an opportunity for questions, comments and input to be recorded. The feedback was analyzed and the need for improved conditions for all False Creek users and the desire for the regulation of anchoring was clearly communicated by an overwhelming majority of participants of the consultation process. Also confirmed through this process was the need to make Vancouver a more welcoming boating destination. 1 Local Authorities Guide to Boating Restrictions http://www.tc.gc.ca/boatingsafety/pubs/brr-guide/menu.htm#1.1 3

There is a standard Transport Canada process the City underwent for a waterway to be designated under the regulations to ensure the requirements of the Regulatory Policy are met. The Pacific Regional Office of Boating Safety was key in assisting in the application process and providing advice to resolve the safety and equity conflicts in False Creek. The City and Transport Canada continued to work together between the years of 2001 and 2005 to finalize regulatory and operational details of the BRR that would satisfy the majority of user groups. The anchoring regulation was enacted by Transport Canada on November 28, 2005 2 and was followed by the signing of a Memorandum of Understanding on June 30 th, 2006. The City now has the authority to manage anchoring in False Creek on behalf of Transport Canada and works closely with the Vancouver Police Department Marine 3 unit for outreach and enforcement. Results Implementation of the new anchoring regulation has given the City the ability to manage anchoring in the creek and has caused positive changes. The require permit is free of charge and available at the Boating Welcome Center and outside business hours available at a self registration kiosk. They are only valid for a limited amount of time which increases vessel turn over. The permits also provide owner contact information so they can be reached in the event of a problem with their boat. The City and Transport Canada were aware that there were some boaters living aboard their vessels, and that some of those people were lower-income and needed assistance. The City s Tenant Assistance Program was available to help low-income, live-aboard boaters in finding alternative accommodation. Over the past year, False Creek and the new permit system have received substantial positive media attention and articles in boaters magazines and publications raising awareness of the changes as well as increasing our profile as a boating destination. The City and our partners continues to receive positive feedback from current users of the permit system as well as those who intend on anchoring in the future but previously had not been able to. This input is also used to make improvements where possible to the general operation of the system. Since implementation, the number of derelict and unattended vessels decreased substantially. Last year only one vessel sank and two drifted anchor causing damage illustrating a considerable increase in safety and fewer impacts to the environment. 2 http://www.tc.gc.ca/acts-regulations/general/c/csa/regulations/001/csa005/csa5-a.html 3 http://vancouver.ca/police/operations/marine/index.htm 4

The following trends have been gained from analysing the permits so far: over 300 permits have been issued almost half of permits are obtained through the self registration option majority of vessels are from Vancouver, but the number of visitors outside the region is increasing steadily (shown through owner addresses) almost one third are unique/new vessels average length of stay is less then one week The increased free space in the creek has allowed for better management of the creek and made possible new and expanded special events such as RedBull Flugtag and an Alcan Dragon Boat festival. Looking toward the future, the City is investigating the installation of channel markers to allow the navigation channel and no anchor zones to be more easily interpreted for visiting boaters. In an effort to provide alternatives to transient vessels, the reinstallation of moorage buoys will also be examined. In an effort to make the recreational users experience more enjoyable, docks will be made accessible and improved shelters will be installed in the future. The continuing partnership between the City of Vancouver and Transport Canada has increased accessibility to this active and vibrant urban waterway. 5

UBCM Community Excellence Awards 2007 Submission Category: Partnerships Project: Implementation of False Creek Anchoring Management System List of Partners Partners with City of Vancouver Blueways Program: Transport Canada, Office of Boating Safety (Pacific Region) Main Partner City of Vancouver, Tenant Assistance Program City of Vancouver Civic Marinas and False Creek Yacht Club Vancouver Police Department Marine Unit Transport Canada, Navigable Waters Protection Program (Pacific Region) Transport Canada, Regulatory & International Affairs Stakeholders involved in consultation: Canadian Coast Guard Lower Mainland Advisory Council Recreational Boating Advisory Council members Canadian Power and Sail Squadron commanders Commodores and delegates of yacht clubs belonging to the Council of BC Yacht Clubs BC Marine Trades Association BC Yacht Brokers Association Recreational Boating Association of Washington Marinas and yacht clubs throughout the Lower Mainland Environmental organizations interested in issues related to False Creek Businesses operating near False Creek Business and neighbourhood associations around the False Creek area Commercial users of False Creek Charter boat companies Boating clubs and associations Users of False Creek Other interested members of the public 6

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False Creek Anchoring Information Brochure Formatted: Font: Bold 9

False Creek dock shelter signage Formatted: Font: Bold 10