SECTION 1. GOALS OF THE BADDECK MOORING AUTHORITY 

(a) To maintain and administrate the operation of a Mooring Grid within Baddeck Harbour. 

(b) To make recommendations for the improvements of access to Baddeck Harbour for the benefit of all user groups, including those without boats who seek to use the harbour for passive and active recreation. 

(c) To study, advise and make recommendations on the burdens of mooring grid management and development among all mooring license holders, holders of deeded water rights and the Village of Baddeck. 

(d) To remain consistent with the goals and adhere to the regulations of; Fisheries and Oceans Canada, Transport Canada, the Nova Scotia Department of Natural Resources, the Nova Scotia Department of Environment and Labour, and the Village of Baddeck. 

SECTION 2. DEFINITIONS 

(a) BADDECK MOORING AUTHORITY: Refers to an elected and/or appointed body comprised of representatives of government departments and stakeholder groups assigned to carry out the provisions of this plan. The Baddeck Mooring Authority will be referred to in this plan as BMA. 

(b) MOORING MASTER: Refers to the individual appointed by the BMA to enforce the provisions of the Baddeck Mooring Grid Management Plan. 

(c) RECREATIONAL VESSEL: Refers to any vessel designed for the carriage of persons on the water and used primarily for pleasure. 

(d) COMMERCIAL VESSEL: Refers to any type of vessel used primarily for any type of commercial venture, including but not limited to fishing, towage, salvage, and the carriage of passengers for hire. 

(e) FISHING VESSEL: Refers to a vessel licensed and registered as a commercial fishing vessel and engaged in commercial fishing from or within Baddeck Harbour. 

(f) ANCHORING: Refers to securing a vessel temporarily to the bottom of a waterbed by dropping an anchor or anchors from a vessel. 

(g) MOORING: Refers to a semi permanent anchorage installation consisting of a heavy anchor or block, rode, a mooring buoy, and a pennant for the purpose of securing a vessel, wharf or raft. 

(h) MOORING GRID: Refers to an area of submerged land for which a number of moorings have been laid out and allocated in accordance with the accepted plan attached as Schedule A. 

(i) MOORING LICENSE: Refers to authorization issued by the BMA on an annual basis to place a mooring on a designated site within the Mooring Grid.

(1) COMMERCIAL MOORING LICENSE: Refers to

(a) a license issued to a person or business, who in the ordinary course of their business, is   engaged in using, renting, hiring or leasing moorings

(b) a license issued to a vessel used primarily in the operation of a commercial venture from or within Baddeck Harbour. 

(2) RECREATIONAL MOORING LICENSE: Refers to a license issued to any person(s) allowing the moorage of a specific recreational vessel.

(3) RIPARIAN MOORING LICENSE: Refers to a license issued to an upland owner in recognition of such rights as may be accorded under provincial or federal laws.

(4) COMMERCIAL FISHING VESSEL MOORING LICENSE: Refers to a license issued to a person who is registered as a Full‑time Commercial FISHER PERSON with Department of Fisheries and Oceans who's utilization of a mooring is for the purpose of their fishing operation out of Baddeck Harbour.

(5) TEMPORARY MOORING LICENSE: Refers to a license issued to a person for a specific term as agreed to by the BMA and the Temporary License Holder. 

SECTION 3. MOORING APPLICATION PROCEDURE 

(a) Application Procedure: A mooring license is required for all moorings within the Mooring Grid. 

(1) Commercial Mooring Application Procedures: Commercial mooring applications are available on‑line from the BMA website and can be requested in writing at BMA, PO Box 652, Baddeck, B0E 1B0. The application forms shall request the following information;

‑ name of company
‑ contact person
‑ civic and mailing address of company
‑ phone number(s)
‑ copy of certificate of incorporation from the Registry of Joint Stock Companies
‑ list of directors / officers of the company

An individual registration form, requesting the same information as required of private mooring applicants, must be completed for each seasonal mooring lessee. Applications for transient moorings must indicate the size of the largest vessel which will be allowed to occupy the mooring. 

(2) Recreational Mooring Application Procedures: Mooring applications are available on‑line from the BMA website and can be requested in writing at BMA, PO Box 652, Baddeck, B0E 1B0. The application forms shall request the following information :

‑ full name (including initials)
‑ civic and mailing (legal) address
‑ phone numbers, home/work/cell
‑ email address ‑ length/beam/draft of vessel
‑ name and registration no. of vessel
-must show proof 1,000,000$ liability insurance

No recreational mooring license will be issued or renewed unless the applicant can show ownership or the right of exclusive use of a vessel in need of a mooring

(3) Riparian Mooring Application Procedures: Mooring applications are available on‑line from the BMA website and can be requested in writing at BMA, PO Box 652, Baddeck, B0E 1B0. The application forms shall request the following information:

‑ full name (including initials)
‑ civic and mailing (legal) address
‑ phone numbers, home/work/cell
‑ email address
‑ length/beam/draft of vessel
‑ name and registration no. of vessel
‑ copy of deed of uplands verifying ownership

(4) Commercial Fishing Vessel Mooring Application Procedures: Mooring applications are available on‑line from the BMA website and can be requested in writing at BMA, PO Box 652, Baddeck, B0E 1B0. The application forms shall request the following information:_

‑ full name (including initials)
‑ civic and mailing address
‑ phone numbers, home/work/cell
‑ email address
‑ length/beam/draft of vessel
‑ name and registration no. of vessel
‑ Copy of Commercial Fishing Vessel Registration (CFV#) 

(b) Priority of Mooring Applicants: The BMA will maintain a chronological list of all applicants requesting a mooring. Within the space available, requests will be treated in accordance with the following priority guidelines:

(1) Riparian Owners
(2) Recreational Vessel Owners
(3) Commercial Operators with Rental Moorings 

Existing mooring licenses will not be cancelled to make room for those of a higher priority. 

SECTION 4. MOORING REGULATIONS 

(a) Compliance: A license may be revoked at anytime for failure to comply with the provisions of this plan. 

(b) Renewals: The license holder may renew the license annually upon payment of the mooring fee and providing the licensee has adhered to the terms and conditions of this plan. Renewal notices will be mailed to existing mooring license holders prior to the beginning of each season. The completed renewal form along with any required payment and inspection certificates must be received by the BMA before a license will be considered as "renewed". Licenses which are not renewed may be cancelled and reissued by the BMA. 

(c) Mooring Density and Allocation: The BMA shall reserve the right to locate each mooring within the mooring grid shall act as necessary to ensure the safe and efficient operation of the grid including the maintenance of appropriate fairways within the grid. 

(d) Commercial Moorings: The total number of commercial mooring licenses may not exceed 25% of the total number of licenses allotted for moorings except that no commercial mooring shall be revoked except for failure to comply with the terms of the Management Plan or the Commercial Mooring License. Only commercial moorings are permitted to be rented or leased.

(e) Authorized Usage: Recreational Mooring Licenses are issued to individuals for the moorage of the vessel or vessels identified on the license, such vessel or vessels being owned or used principally by the licensee and no others. The licensee must inform the BMA if they are no longer the owner or principal user of said vessel of if they have a change of vessels. A licensee who no longer possesses a vessel requiring moorage may maintain a license during a "transition period" by exercising a Waiver of Usage as defined in clause (g). A licensee who does not possess a vessel requiring moorage who has not informed the BMA of same may be in violation of this plan 

(f) Unauthorized Usage: A license holder may not allow any other vessel than that described in the application to use the mooring; provided however, that the BMA may consider authorizing the temporary use of a mooring by another vessel when formally requested and approved. 

(g) Wavier of Usage: A license holder may temporarily wave usage of a site for a period of up to three years by exercising one of the following options: 

(1) The license holder may mark and maintain the said site as required under the terms of the License and the Mooring Management Plan, and pay the annual license fee. The licensee must remove any and all pennants from the mooring ensuring that the site would not be used by any other parties during the period agreed to by the license holder and BMA.

(2) The license holder may relinquish their rights to use the site for a minimum of 1 year ‑ maximum of 3 years. During that time the site would be administered by the BMA and may be temporarily licensed to other parties on an annual basis, if requested. The licensee is absolved of responsibility to mark the said site or pay the annual license fee during the agreed to time period. 

(h) Temporary Licenses: Temporary (seasonal) mooring sites may become available under the provisions of Waiver of Usage, Section 4(g)(2). The BMA will may offer these sites on a temporary basis subject to the provisions of Section 3(a)(2). A Temporary Mooring License holder would issue an annual permit and would be required to adhere to the same terms and conditions as a permanent license holder during the term of their license. The Temporary Mooring License holder must have the mooring inspected and provide a certificate of inspection to the BMA prior to using the mooring. It is the responsibility of the Temporary Mooring License holder to determine if existing tackle is suitable for the vessel to be moored in the temporary site. 

(i) Riparian Moorings: Upland owners may be issued a Riparian Mooring Permit allowing for the installation of a single mooring within the boundaries of the mooring grid. Riparian moorings are provided for the use of the Riparian Owner and not be rented or leased.

(j) Transferability: Commercial mooring licenses may be transferred to successors and/or successor corporations subject to review and approval by the BMA. Recreational mooring licenses may be transferred to immediate family members of the same or higher priority group subject to the approval of the BMA. 

(k) Fees: All mooring license holders are required to pay the current annual fee, in full, by April 30th of each year. Failure to remit the required fee may result in forfeiture. 

(l) Marking: The holder of a mooring license shall mark the mooring buoy with the mooring identification number, assigned by the BMA in black lettering a minimum of 3" in height. Any mooring not properly marked may be removed by the BMA. Recreational mooring buoys shall be orange and Commercial mooring buoys shall be white with a fluorescent green distinguishable marking. All mooring buoys must adhere to the Canadian Buoyage Regulations and must be maintained in good order. Pennants, if of the floating type, shall not extend more than four meters from the mooring buoy.

(m) Mooring Specifications and Inspection: The BMA may insist, based on experience or accepted practices, that the mooring tackle proposed or in use, be increased in size or weight, to accommodate a particular vessel or location. The licensee is required to have the mooring system inspected every two years and a certificate verifying it meets the standards as set by this committee is to be supplied to the BMA. 

(n) Abandonment: Failure to abide by Section 4 (e) Authorized Usage or Section 4(l) Marking , not withstanding Section 4 (g) Waiver of Usage, may result in a site being considered Abandoned. The holder of a licence to a site considered Abandoned will be notified by the BMA that his/her license is to be revoked. Abandoned sites will be reissued. 

Any materials/equipment left on an abandoned site must be removed within four months from the date of notification from the BMA. The BMA may remove at the license holders expense, or claim ownership of, any materials/ equipment left beyond four months after notification of abandonment. 

SECTION 5. GOVERNANCE 

(a) The BMA shall be the primary management authority for the mooring grid. It shall have the authority to adopt any additional regulations consistent with the terms of this plan. If a substantive change is proposed in the plan, it must be approved by the Department of Natural Resources before it may become effective. 

(b) The BMA shall consist of six voting  members and one representative of the NS Department of Natural Resources in an adversary capacity only with on voting rights.  To ensure diverse representation on the BMA, the six voting members shall include the following representatives:

‑ two recreational license holders
‑ one commercial license holder
‑ one member of the Baddeck Village Commission
‑ one representative of the Bras d'Or Yacht Club
‑ one Municipal Council member

(c) A quorum would consist of four of the seven representatives being present at a meeting. 

(d) BMA members representing recreational license holders shall be nominated and elected at the Annual General Meeting. They shall sit for a two year term and can be re‑elected for additional terms.

(e) BMA members representing commercial license holders shall sit for one year rotating terms and shall be bona fide commercial operators operating from or within Baddeck Harbour or the Village of Baddeck. 

(f) In the event of resignation during a term, the BMA shall appoint a new member from the same interest group to fill the remainder of the term. 

(g) BMA members representing the NS Department of Natural Resources, The Baddeck Village Commission, The Municipal Elected Councilor, and the Bras d'Or Yacht Club shall be appointed by their respective organizations or departments. 

(h) The BMA shall elect a Chair and Vice‑Chair from within its seven members. The Chair shall be responsible for calling and conducting of all meetings of the BMA. In the absence of the Chair, the Vice‑Chair shall assume those responsibilities.