Ford Cove Harbour Authority

" To operate, maintain and manage a public fishing Harbour. We are striving to attain continuous improvement in our services and relations with the Commercial fishing/Aquaculture fleet, as well as with the growing local and pleasure craft boating community. We provide a safe and clean environment, and an economic viability that supports long term stability. "

FORD COVE HARBOUR AUTHORITY

OPERATIONAL GUIDELINES

I. INTRODUCTION

A. PURPOSE

The purpose of this directive is to promote the safe and efficient operation of the harbour for all harbour users.

B. APPLICATION

This directive applies to all harbour personnel and all users of the harbour.

C. DEFININTIONS (to be used throughout)

HARBOUR: all water, land and buildings within the boundaries of the harbour as per the HA’s head lease.
MANAGER: the Manager of the Harbour or any person to whom the Manager may delegate his or her authority.
OWNER: any person, firm, partnership, corporation, association or organization or agent thereof with actual or apparent authority who expressly or implicitly contracts for use of a harbour facility.
HARBOUR USER: any person including vessel owners / operators, tenants and general public entering the harbour.
ASSIGNMENT: any rental, sub-rental, lease, sub-lease or assignment, whichever is applicable.
VESSEL: every variety of watercraft or other artificial contrivance capable of being used as a means of transportation on the water.
MOORAGE FACILITY: any properties or facilities owned or operated by the Harbour Authority.
CHARGES: charges for moorage and storage and all other charges owing or to become owing under a contract between a harbour user and the Harbour Authority.
LIVABOARD: Harbour user who uses his vessel as a primary place of residence. Off island Harbour user without a valid permanent local address who uses his vessel as a place of residence while moored at the Harbour

10. STAY ON BOARD: Local Harbour user with a valid local permanent address, who qualifies for reduced long term moorage rates and that is not using his vessel as a primary place of residence.

II. POLICY

A. APPLICABLE STATUES

1. Fishing and Recreational Harbours Act and Regulations.

2. Government Property Traffic Act.

3. Warehouse Liens Act.

B. NOTIFICATION

It is the responsibility of all harbour users to obtain harbour directives from the Harbour Authority office. The Harbour Authority does not accept responsibility for mailing or delivery of harbour directives, nor for ensuring that harbour users have familiarized themselves with said directives.

C. ENFORCEMENT

1. Harbour personnel or the Manager may enforce all HA directives by written or verbal instruction. Any person or persons who violate any HA directive and / or refuse to follow instructions given by HA personnel may be instructed to leave the harbour.

Harbour users who violate HA directives or accrue an unreasonable amount of debt to the HA may be subject to cancellation of moorage and privileges and / or the detention or removal of their vessel(s) or gear. Any charges associated with detention or removal of gear will be levied against the owner of the vessel(s) / gear.

D. LIABILITY

Anyone visiting or using the harbour or its facilities does so at his / her own risk. The Harbour Authority does not assume any responsibility for loss or damage to property or persons within the harbour.

Harbour Authority personnel reserve the right to board any vessel if required during the course of their duties. The Harbour Authority assumes no responsibility whatsoever for any incidental damage done to any vessel by any of its personnel during the course of said duties.

E. VEHICLE TRAFFIC

1. The Manager may establish traffic and parking regulations including the posting of signs as required for safety and efficient utilization of harbour premises.

2. Any vehicle parked in violation of HA signs or regulations may be towed at the owner’s expense.

F. GARBAGE / ENVIRONMENTAL WASTE

1. All garbage / recycling waste is to be disposed of in the appropriate waste containers provided.

2. Negligent deposition of garbage, oil, fuel or any other substance detrimental to the marine environment in the harbour’s uplands or water lots is strictly prohibited. Any person(s) caught polluting the marine environment may be prosecuted.

3. Deposition of household and construction refuse in harbour waste containers is prohibited

G. CONDUCT

1. Any person whose conduct is threatening or physically or verbally abusive toward any Harbour Authority personnel may be charged accordingly, and / or be ordered to vacate the harbour.

2. Any behavior that unreasonably disturbs or creates a nuisance for other harbour users is prohibited.

3. Drinking of alcoholic beverages is prohibited unless on licensed premises or on private vessels. Use of illegal drugs is prohibited anywhere on harbour premises.

H. CHILDREN

Children age 12 and under must be accompanied by an adult when on Harbour Property. We recommend children always wear a PFDs while on the docks. Loaner PFDs from Canadian Coast Guards are available in a variety of sizes at top of ramp.

I. PETS

Pet owners are responsible for cleaning up animal waste

J. RECREATIONAL ACTIVITIES

1. Swimming, water skiing, scuba diving and operating any personal watercraft (i.e.sea-doos, etc.) are all prohibited within Harbour limits

2. Overnight camping on harbour property is prohibited.

III. MOORAGE CONDITIONS

A. VESSEL REGISTRATION

All vessels entering the harbour are required to register at the HA office upon of their arrival. Long term Harbour users must sign a HA Moorage Agreement or be refused services.
Any vessel owner that does not report in within 24 hours of his / her arrival may have their vessel detained by the HA until such time as the HA discovers the owner’s identity and / or any debt associated with the vessel is paid in full.

B. VESSEL IDENTIFICATION

Vessels in the harbour must have the following valid identification permanently and clearly displayed on the exterior of the vessel:

Vessel name.
Vessel registration number (when applicable).
CFV number and species tab (for active commercial fishing vessels).

C. SEAWORTHINESS

All vessels berthed in the harbour must be completely seaworthy as determined by the HA. All vessels must also have working engines and be capable of moving under their own power at all times (unless in the midst of active engine repairs).

Vessels that the Harbour Authority deem unseaworthy or hazardous to harbour property or other vessels will not be granted moorage.

D. MOORAGE

Assignment of Moorage

All vessel owners must sign a Harbour Authority “Moorage Agreement” (see Below) as a condition of occupancy. All vessel owners are bound to the terms and conditions of the HA Moorage Agreement upon use of HA facilities, regardless of whether this agreement has been signed.

“Length” refers to overall length of the vessel

No refund will be issued if the vessel is absent from its berth for any length of time.

2. Vessel owners and operators are responsible for ensuring their vessel(s) have adequate fenders to protect adjacent vessels.

3. Vessel owners and operators are responsible for securing their vessel(s) with adequate berthing lines. All vessels must be secured with a minimum of a bow, spring and stern line or more if required due to vessel size. In the spirit of safety for all Harbour users and staff, berthing lines must not cross any floats, piers or walkways.

4. The Harbour Authority reserves the right to relocate any vessel without notice if necessary to ensure the efficient operation of the harbour and to make best use of available Moorage space.

5. The HA reserves the right to allocate the use of any Moorage space as it deems necessary.

6. The Licensee may not shift or move any vessel other than its own without express permission from that vessel owner or the Harbour

7. All owners / operators of vessels in the harbour must comply with all harbour regulations, rules, and directives as well as all Federal, Provincial and Municipal legislation.

E. LIVING ABOARD

If application form accepted, Livaboards need to a sign the livaboard moorage agreement. Contact Harbour Manager for requirements.

$400 Monthly livaboard fee, in addition to the regular Monthly/Quarterly moorage rates and regular Monthly Hydro rates

F. STORAGE ON PIERS OR FLOATS

Vessel owners and operators using the harbour are required to keep the piers or floats in the vicinity of their vessel clear at all times – storage of anything on piers or floats is prohibited.
Storage of any pollutants such as oily rags, open paints, gasoline or other flammable or explosive material is prohibited on the piers or floats. All such items will be immediately removed and / or disposed of at the owner’s expense.

G. DINGHIES

Dinghies and kayaks are not allowed on floats or piers. All dinghies must be stored in or on the owner’s vessel.

H. DELINQUENT MOORAGE COLLECTION

If any owner mooring a vessel at the moorage facility fails to pay charges owed for use of the facility, the Manager and harbour personnel are authorized to take reasonable measures, including the use of chains, ropes and locks, to secure vessels within the moorage facility so that the vessels are in the possession and control of the HA and cannot be removed from the facility until the outstanding charges have been paid in full. Notification of such action shall be sent by mail to the owner’s last known address. If no address was provided by the owner, or no update was given if the owner has moved, the HA need not give such notice.

I, CRANE GUIDELINES

Crane is locked and available by appointment only through Harbour manager or board member.
Operator Certifies that the load does not exceed the safe working limit of the crane (1.5 Tons)
Operator must ensure that adequate personnel is available – minimum two (2).
Lifts are NOT to be conducted in high winds or heavy rain conditions. Crane operation is at the discretion of Harbour Manager’s discretion
Operator is to control and be responsible for all persons within the work site at all times.
After completion of lift, crane is to be secured and locked and turned off
Operator assumes all risk associated with use of the crane
Operator is aware of the Ford Cove Harbour Authority’s CRANE GUIDELINES
Operator is familiar and competent with the care and use of the crane
Operator will comply with Work Safe Bc requirements
Operator must set up safety area and make sure that the intended path of the object that is being lifted is well identified (cones. Caution tape), clear and unobstructed.
Crane waiver must be signed

Cranes and their use can be dangerous and can lead to personal injury and potentially death. The use of safe work practices and personal protective equipment is required when using the cranes, the person in charge, is responsible for adherence to the crane use policy and guidelines.

IV. GENERAL

SIGNS

All harbour users must obey all signs posted by the harbour Authority.

Posting of signs on harbour property without prior approval from the HA is prohibited.

B. INSPECTION OF FACILITIES

The Harbour Authority reserves the right to inspect any of its rented or leased premises at any time. However, the Harbour Authority does not assume any responsibility or liability of any kind due to any failure to carry out inspections.

C. THEFT / DAMAGE / INJURY

1. The Harbour Authority shall not be held liable in any manner for the safekeeping or condition of the vessels or gear stored on its property. The Harbour Authority is not responsible or liable for any damages to or loss of vessels, their tackle, gear, equipment or property either upon said vessel or upon the premises adjacent thereto.

2. Should damage and / or personal injury result from violation of these regulations, the person in violation shall be held liable. Should any damage other than normal wear and tear be done to any HA float or structure for any reason, the person that caused the damage shall be held liable.

D. OTHER SERVICES

Electrical Power

All electrical cords must meet posted Federal Electrical Regulations. No accessories, utilities or other attachments shall be affixed to harbour structures without the approval of the HA.
Shore power cords must be secured so they will not hang into the water or constitute a hazard to pedestrian traffic on floats.
Minimum 12 gauge electrical cord is required for 20A outlets, 10 gauge for 30A outlets.
The use of power outlets may be withheld from vessel owners with delinquent accounts.
Notwithstanding emergency situations, harbour users are not permitted to disconnect power cords from other vessels

FCHA Moorage Agreement

1. Parties to Moorage agreement: the Licensee warrants they are authorized to sign this agreement on behalf of the owner (together the Licensee and the owner are hereafter referred to as the “Licensee”) and are party to this Agreement with the Ford Cove Harbour Authority (the “Authority”)

2.Payment of Fees: the Licensee agrees to pay the total of the monthly or quarterly rate moorage rate and elect hydro fee above, plus applicable GST, in advance each month/quarter. The Licensees acknowledges having been advised by the Harbour Authority what the rates are, and agrees the rates may change reasonably from time to time and those new rates are binding on the License. Any late payment due under this agreement will attract interest rates at 1% per month (12% per year), calculated daily.

3. Non-transferable License to Moor: in exchange for prepayment of the above Fees and taxes the Authority grants, solely to the Licensee, on a month to month basis, the non-assignable permission to moor the Vessel as directed on property controlled by the Authority and subject to the terms and conditions of this Agreement.

4. Termination: the Authority may terminate this Agreement: (a) immediately for non-compliance with any terms of this Agreement or the Authority’s rues or policies and procedures, (b) on 7 days notice when in the sole discretion of the Authority the Vessel’s moorage is contrary to the best interests of other Licensees or the Authority, or otherwise (c) on 30 days written notice.

5. Maintenance of Vessels and Premises: the Licensee agrees to maintain the Vessel in seaworthy condition, and at the Authority’s request, provide a current marine survey confirming its seaworthiness. The Licensee shall ensure that it and its invitees do not damage any Authority property and at all times keep Authority premises neat and orderly according to the direction of the Authority and maintain all dangerous substances in a manner as the Authority may direct.

6. Moving Vessels: the Licensee agrees that the Vessel must at all times be able to move under its own power, and that the Authority may reposition the Vessel on Authority property at any time and the Licensee shall assist in doing so.

7. Insurance: the Licensee agrees to keep the Vessel insured( with liability, wreck removal and sudden and accidental pollution coverage) at all times it is on the Authority property and to provide to the Authority, within 2 days of demand, proof of such insurance.

8. Commercial Vessel Rates: the Licensee agrees to provide to the Authority, within 2 days of demand, proof satisfactory to the Authority of the Vessel’s status as a commercial Vessel

9. Identification of Vessel and contact information of Licensee: the Licensee shall ensure the Vessel remains at all times clearly marked with the Vessel’s name, license/registration number and its emergency contact number. The Licensee agrees, in the event their contact information above changes, to advise the Authority, in writing, of their new contact information, failing which the Authority may rely on the contact information provided above for any notice to be provided to the Licensee.

10. Services to Vessel: the Authority reserves the right to disconnect or refuse water or electrical services to the Vessel at any time without notice. The Authority does not represent or warrant the continuity, quality, or compatibility of water or electrical services for the Vessel or its users and the Licensee hereby waives any past, present or future claim related to the provision of those services.

11. Compliance with Laws, Rules or Policies and Procedures: the Licensee agrees to comply, and ensure the compliance of any invitees of the Licensee, with all provincial and federal laws, and any rules or policies and procedures of the Authority set by the Authority from time to time and which may be attached as schedule to this Agreement or are otherwise posted on the Authority’s premises. The Licensee agrees “moor”/”moorage” in this agreement has the same meaning as “berthage” in the Fishing and Recreational Harbours Act and Regulations and the Federal Courts Act.

12.Breach of this Agreement: should the Licensee breach any terms of this agreement or the Authority’s rules or policies and procedures, the Licensees agrees the Authority shall have the following remedies to exercise at its sole discretion, which shall survive the termination of this Agreement:

a) to demand the Licensee immediately remove the Vessel from Authority property, and in the event the Licensee does not do so the Authority may, but is under no obligation to, move the Vessel to allocation of the Authority’s choosing. The Licensee hereby: (i) agrees any cost associated with the moving or storage of the Vessel will form part of the Authority’s lien under s.12(b)-(c) below; (ii) waives any past or present claim against the Authority for damages arising from the Authority’s movement or storage of the Vessel, even in the case of the Authority’s negligence; and (iii) agrees to hold the Authority harmless from any claims by third p[arties arising from the Authority’s movement and storage of the Vessel;

b) to sell the Vessel and its contents as a Warehouser pursuant to the B.C. Warehouse Lien Act, though hereby agreeing that the Authority is not at any time a Bailee of the Vessel and has no duty to protect the Vessel from harm;

c) to seize and sell the Vessel as a Garage Keeper pursuant to s.2-3 of the B.C. Repairers Lien Act (“RLA”) to the extent such remedy does not conflict with priorities under maritime law. The Licensee further agrees that by the Licensee removing the Vessel from Authority property with amounts owing under this Agreement the Authority is not voluntarily surrendering the Vessel for the purpose of the RLA or maritime law, and the Authority may reseize the Vessel and sell it to satisfy its unpaid account and expenses (including legal expenses) without registering a repairers lien; and

d) the Licensee agrees that any monies claimed by the Authority as owing under this Agreement, including legal expenses for enforcing this Agreement, are liquidated damages for the purpose of seizing and selling the Vessel or obtaining judgement against the Licensee and Vessel.

13. Waiver and Indemnity of Authority and Crown: the Licensee hereby agrees to waive and release the Authority and Her majesty the Queen in right of Canada (the “Crown”), their employees and agents, from any claim for loss, damage or expense, death or injury arising out of any acts or omissions (including negligence) of the Authority or the Crown in respect of this Agreement or the Licensee use of Authority property. The Licensee agrees to hold harmless the Authority and the Crown from any claims of third parties arising out of the Licensee’s use of Authority property.

14. Non-Waiver of Rights: by at any time choosing not to enforce a term of this agreement the Authority does not waive its right to, at any time thereafter, enforce the same clause of this agreement.

15. Severability and Venue: if any provision in this Agreement shall be found to be void, such determination shall not affect any other provision of this Agreement. The laws of British Columbia will govern this Agreement and its Courts will have exclusive jurisdiction over any matter arising out of or in connection with the subject matter of this Agreement.

16. Entire Agreement: this Agreement, including its Schedules and the rules or policies and procedures of the Authority, constitute the entire Agreement between the parties. No modifications/amendments shall be valid unless in writing and signed by both parties.

17. Acknowledgment of Rules or Policies and Procedures: the Licensee acknowledges having been provided the opportunity to read, or has read, any rules or policies and procedures, and any posted rates of the Authority, and acknowledges that those rules or policies and procedures and posted rates can be reviewed at the office of the Authority during business hours, and that the Licensee has a duty to themselves and the Authority to keep themselves informed of those rules or policies and procedures, and any posted rates.

COLLECTION AND USE OF PERSONAL INFORMATION

Personal information from customers should be collected only for the purpose of processing and administering the services provided by the Harbour Authority.
Personal information from employees should be collected only to administer their employment and benefits if applicable.

DISCLOSURE OF PERSONAL INFORMATION

Personal information should not be disclosed for purposes other than those for which it was collected unless is required by law, and
Any disclosure of personal information requires the approval of the Manager.

UNAUTHORIZED DISCLOSE OR MISUSE OF INFORMATION

Any staff member disclosing confidential information, without prior approval as outlined in section B-2 of this directive, will be subject to disciplinary actions.

CUSTOMER SUGGESTIONS AND GRIEVANCES

The Harbour Authority is sensitive to the concerns of its users and is obligated to take reasonable action regarding valid suggestions and complaints. Harbour users should submit any suggestions or complaints in writing to the Harbour Manager or to the Ford Cove Harbour Authority Board of Directors.

Ford Cove Harbour Authority

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