Ford Cove Harbour Authority

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

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

1. HARBOUR: all water, land and buildings within the boundaries of the harbour as per the HA’s head lease.
2. MANAGER: the Manager of the Harbour or any person to whom the Manager may delegate his or her authority.
3. 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.
4. HARBOUR USER: any person including vessel owners / operators, tenants and general public entering the harbour.
5. ASSIGNMENT: any rental, sub-rental, lease, sub-lease or assignment, whichever is applicable.
6. VESSEL: every variety of watercraft or other artificial contrivance capable of being used as a means of transportation on the water.
7. MOORAGE FACILITY: any properties or facilities owned or operated by the Harbour Authority.
8. 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.
9. 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.

1. Fishing and Recreational Harbours Act and Regulations.

2. Government Property Traffic Act.

3. Warehouse Liens Act.

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.

1. 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

The Harbour Authority strongly recommends that children be accompanied by an adult at all times while on harbour property.

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

1. 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.
2. 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:

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

C. SEAWORTHINESS

1. 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).

D. MOORAGE

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

6. All owners / operators of vessels in the harbour must comply with al

E. LIVING ABOARD

• Livaboards are require to register and sign the livaboard application form.

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

F. STORAGE ON PIERS OR FLOATS

1. 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.
2. 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 BERTHAGE COLLECTION

1. If any owner berthing 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.

IV. GENERAL

1. SIGNS

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

1. Electrical Power