Baddeck Mooring Authority

OVERVIEW

 

BADDECK MOORING AUTHORITY: Is a Society in good standing with the NS Joint Stock Companies Office and which was incorporated under the Societies Act in 1996. Baddeck Mooring Authority will be referred to in this plan as BMA.

 

The Baddeck Mooring Authority's objectives as set out in the original Memorandum of Association at the time of incorporation are to: (a) Recommend regulations on the uses and activities within the waters of the Baddeck Harbor, to the Province of Nova Scotia, through the Department of Natural Resources, to minimize user conflict, and to maximize the efficient use of the Harbor; (b) Maintain and improve public access to the waters of Baddeck Harbor for the benefit of all user groups, including those without boats who seek to use the harbor for passive and active recreation; (c) Study, advise and make recommendations on the burdens of harbor management and development among commercial mooring license holders, private mooring license holders, riparian owners, holders of deeded water rights and the Village of Baddeck; (d) Remain consistent with the goals and regulations of the Village of Baddeck, The Department of Natural Resources, the Department of Environment, the Department of Fisheries and Oceans and the Department of Transport Canada.

 

Baddeck Mooring Authority Management Plan is a plan created under the authority of BMA to manage the mooring grid of the Baddeck harbor. 
 

SECTION 1. DEFINITIONS (In this document the following definitions apply)

 

(a) ADMINISTRATIVE MANAGER: Receives and reviews mooring applications, sends, file and renews all moorings, responsible for all financial transaction, and carry out the duties of board. Record of minutes and update website.

 

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

 

(c) 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 whom utilization of a mooring is for the purpose of their fishing operation out of Baddeck Harbor.

 

(d) 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 Harbor.

 

(e) 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.

 

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

 

(g) 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.

 

(h) 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.

 

(i) MOORING MASTER: Refers to the individual appointed by the BMA to oversee all physical operations of the BMA. The mooring master works in consultation with the Administrative Manager and the Board of Directors.

 

(k) 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.

 

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

 

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

 

(n) 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.

 

(o)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 2. GOALS OF THE BADDECK MOORING AUTHORITY 

 

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

 

(b) To make recommendations for the improvements of access to Baddeck Harbor for the benefit of all user groups, including those without boats who seek to use the harbor 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 Labor, and the Village of Baddeck. 
 

SECTION 3. GOVERNANCE

 

(a) 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) 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 mooring license holders
    - one commercial mooring license holder
    - one member appointed by the Baddeck Village Commission
    - one representative appointed by the Bras d'Or Yacht Club
    - one Municipal Council member appointed by Victoria County Council

 

(c) A quorum shall consist of five voting members.

 

(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. At the first annual general meeting of the BMA and at every succeeding ordinary or annual general meeting, all directors shall retire from office by shall hold office until the dissolution of the meeting at which their successors are elected and retiring directors shall be eligible for re-election.

 

(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 Harbor 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.

 

(i) The BMA shall be responsible for the preparation of an annual budget to be submitted for approval at an AGM to be held in the spring of the year. The BMA will operate on an annual year starting February 1st and ending January 31st. The Chair shall submit, on behalf of the BMA, an accounting of operations in the previous year to the AGM.

 

(j) All revenues, including but not limited to mooring fees, fines, and rents shall be held in an account maintained by the BMA. This account shall be maintained exclusively for the management and development of harbor programs and facilities. Expenditures from the account must be authorized by BMA and shall be reviewed regularly by the directors.

 

(k) BMA members shall serve without pay, but may be compensated for expenses incurred in the performance of their duties.

 

(l) BMA is authorized to employ the services of an Administrative Manager and Mooring Master whose compensation shall be reviewed annually by the committee.

 

(m) BMA shall also sit as a board of appeals to hear the appeal of any person aggrieved by any decision, act, or failure to act of the Mooring Master. Application to have the BMA hold a hearing regarding an appeal must be made within 30 days of the incident which precipitated the appeal. All applications for appeals must be made to BMA.

 

(n) BMA will meet a minimum of twice a year, or as needed. As well as holding the annual general meeting in accordance with the Bi-laws
 

SECTION 4: MOORING APPLICATION PROCEDURE 

 

(a) Application Procedure: Any person seeking a mooring space shall file an application, from the BMA website and sent to BMA, PO Box 652 Baddeck, NS B0E 1B0. Along with payment of a $25 application fee. The Applicant’s name shall be added to the waiting list maintained by the Administrative Manager. All applicants are responsible for giving notice of any change of address. 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 sent in by mail with application fee to 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
- a photo of vessel which will be occupying the mooring

 

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.

 

(c) Waiting List: Applicants on the Waiting List may refuse an offered mooring space and retain their relative position on the Waiting List only once before being moved to the end of the list. Applicants will have ten (10) business days to respond, (by letter to the address provided), to mooring assignment once they received the offer by registered mail. In the event the registered letter is not received by the applicant to the address provided no further effort is required by BMA to located said applicant. However as a courtesy one phone call may be made by the Administrative manager to the phone number provided. It is up to the applicant to make sure all information provided i.e.: addresses and phone numbers; are accurate and up to date.

 

Failure to respond will result in name being removed from the Mooring Waiting List.

 

(d) Renewals and Inspections: All renewal applications are to be received on or before September 30, of each year. Boat info and inspections are to be received on or before July 31,mandatory inspection due every two years there after . The board has the ability to decline any mooring holder if these regulations are not met as pertained to this management plan.

SECTION 5: MOORING REGULATIONS 

 

(a) Compliance: A licensee will be given notice if their license is to be revoked 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 $100 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 September 30. The completed renewal form along with any required payment must be received by the BMA before a license will be considered as "renewed". Failure to do so will result in forfeiture of mooring.

 

(c) Final Notification Procedure: Mooring permit holders failing to reapply for their permit by September 30, shall be notified by the Administrative Manager by a single notice by Registered mail with a return receipt requested that they shall reapply for a renewal mooring permit within 15 days of the date of the final notice or risk forfeiture of their mooring space. Assignees so notified will be assessed an additional Administrative Late Fee, of $25, if paid with in the 15 days of receiving their registered mail. If there is no response with those 15 days the mooring will be forfeited.

 

(d) Mooring Density and Allocation: 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.

 

(e) Commercial Moorings: The total number of commercial mooring licenses may not exceed 30% 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.

 

(f) 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.

 

(g) 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.

 

(h) Wavier of Usage: A license holder may temporarily wave usage of a site for a period of up to two 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 2 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.

 

(i) 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.

 

(j) 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.

 

(k) 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.

 

(l) Fees: All mooring license holders are required to pay the current annual fee, of $100, in full, by September 30 of each year. Failure to remit the required fee may result in forfeiture. There will be late fees applied, please refer to Section 5 (C).

 

(m) 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.

 

(n) Mooring Specifications and Inspection: The licensee is required to have the mooring system inspected Every Second Year(July 31) All correspondence will be received by mail, no emails will be accepted.

 

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

 

(b) Any materials/equipment left on an abandoned site must be removed within two months from the date of notification from the BMA. The BMA may remove at the license holder’s expense, or claim ownership of, any materials/ equipment left beyond two months after notification of abandonment.

 

(o) Unused Mooring Space Assignment: Mooring space assignments unused for one calendar year shall be reviewed by the mooring board and may be revoked and reassigned. A vessel owned by the Permit Holder and assigned to the mooring space, except for holders of shorefront property owners’ mooring granted in accordance with this ordinance, must be on the mooring for at least fourteen (14) days during the season.

SECTION 6. LIABILITY 

 

(a) Persons using the mooring grid shall assume all risk of personal injury and damage or loss to their property.

 

(b) The BMA assumes no risk on account of accident, fire theft, vandalism or acts of God. 

SECTION 7. SEVERABILITY 

 

(a) If any provisions of this plan are held invalid or inoperative, the remainder shall continue in full force and effect as though such invalid or inoperative provisions had not been made. 

SECTION 8. EFFECTIVE DATE 

 

(a) This plan took effect as of June 05, 2002, upon its passage by the Province of Nova Scotia. 
 

Date of Last revision: March 2013