Buoys - free for the taking

[Silver Streak]

Those illegal buoys on Elk Lake put there by the Victoria Rowing
Society are free for the taking. The December 23, 2009 letter
from Transport Canada (see previous posting) confirmed in writing
that the buoys are not authorized, not approved and no application
was even made for them. I have a letter dated May 13, 1999 from
Transport Canada addressed to the VRS which states "Works [ie buoys]
that are placed in a waterway without approval are unlawful and CCG
has the authority under the NWPA [Navigable Waters Protection Act]
to remove the 'works' at the owners expense."

The only approved buoys on Elk Lake are the large, cone-shaped
ones delineating the over 10HP area of the lake. All others
are illegal and should be removed immediately.

Fill your boots.

 

[islandboy]

You paying the legal bills?

 

[yo mama]

Nice! Im prob as anti rower as one gets. I have had them almost take my head off in the float tube in Beaver lake and the tell me to get the f$%k out of the way. The most fun i had was taking the tinny down the slalom cousre they provided during race day. for some reason they didnt like that....

 

[Silver Streak]

Originally posted by islandboy

You paying the legal bills?


There won't be any legal bills. The letters from Transport
Canada confirm that the buoys are illegal and can be removed
at owners expense. I can speak from experience. No problems
to date.

 

[islandboy]

quote:Originally posted by Silver StreakThere won't be any legal bills. The letters from Transport
Canada confirm that the buoys are illegal and can be removed
at owners expense. I can speak from experience. No problems
to date.

Who has the legal right to remove the bouys? Are you saying theft of someone's property (based on a letter, in your possession) will not result in legal problems?

Does this apply to bouys for crayfish traps? Crab traps? prawn traps? Are you saying we need Transport Canada's approval or you can remove them?

I hope no-one thinks that way about whats in my truck and trailer while I am out on the lake. Imagine if we all drove around looking for "illegally" parked cars so we could improve our own set of wheels. Just saying.

 

[Silver Streak]

I would assume that you have not broken any law in carrying around
your own possessions (although this is possible). I also would
assume that any authorities have not made it aware that you have
commited any violation by carrying your own possessions in your
own vehicle.

As for the fishing traps/floats; if they were in violation of any
laws I'm sure the authorities (ie. DFO) would remove them should
they be informed. The situation on Elk Lake, supported by letters,
is that the VRS is in violation of Transport Canada regulations.
The VRS is also in violation of their Licence Agreement with the
Capital Regional District because of their lack of application,
notification and approval for these buoys which is a requirement
of the Licence Agreement.

Official requests have been made for the buoys to be removed by
myself and several others, including members of the Elk/Beaver
Lake Recreational Use Advisory Group. These requests have been
ignored by the authorities - ie. Transport Canada.

What do you recommend?
application through TC

 

[Silver Streak]

I have been working with Ted Brookman, president of the B.C.
Wildlife Federation (Vancouver Island Region) on these issues
at Elk Lake for over a year now. The Wildlife Federation
is working on legal action pertaining to the situation which
continues to exist at the lake. I'm sure he would like to
hear from any frustrated anglers with respect to rower and/or
buoy confrontations on the water. You can reach him at:
teddystackle@shaw.ca
Considering that the buoys are illegal and the situation is
being ignored by the authorioties, what is stopping anyone
else from throwing out their own buoys wherever they wish.
Or, how about moving the VRS buoys to new locations within
the lake.
It is important that all anglers who fish Elk Lake e-mail
Transport Canada advising them that the buoys should be
removed and that you don't want them there. They create
a safety hazard, especially so because they traverse the
over 10HP area where waterskiers operate. While some anglers
do not like waterskiers out on the lake, they have every
much right to be there as you do, so long as they operate
in a safe, courteous manner. The buoys are also a visual
eyesore and detract from the aesthetics of the recreational
experience on the water. Contact Transport Canada as they
have the authority and jurisdiction on the lake.

E-mail Shannon Vollema / shannon.vollema@tc.gc.ca
Tim McCann / mccannt@tc.gc.ca