Farley Mowat (2017) (CCG Claim)

LOCATION: Shelburne Harbour, Nova Scotia

Case number: 120-718-C1

The Incident
On June 7, 2017, the Canadian Coast Guard (CCG) advised the Fund that they were taking action with respect to a new pollution threat related to the vessel Farley Mowat, docked at Shelburne Harbour, Nova Scotia.

The vessel, which had been sitting along the wharf after it sunk, was refloated, and cleaned in 2015, had been partially deconstructed by its owner since then. The owner had removed the vessel’s main and auxiliary engines and gearbox, which meant that the entire engine compartment was open and exposed to the elements – the superstructure above the boat deck had been removed previously. While removing the engine and machinery, a large volume of contaminated oily fluid was pumped out. Therefore, the remains of the engine room were open to the weather, so that during periods of rain or snow, water accumulated in the bilges and combined with oily residues. Consequently, the Town of Shelburne periodically had to engage the services of a pumper truck to empty the exposed bilges.

On June 27, the CCG awarded a contract for tow to a private contractor. Preparations for the tow were started and by July 24, an estimated 33,000 litres of oily bilge mixture had been removed from the vessel and 15 tonnes of ballast concrete loaded to improve stability. The Farley Mowat was towed to Liverpool, Nova Scotia on July 26, 2017 under escort, and subsequently dismantled.

Measures taken by the Administrator
When initially informed about the current incident, the Administrator requested of the CCG a copy of the Stability Assessment as well as the Final Assessment Report, both of which were received on June 9, 2017. The Administrator also contracted a marine expert to attend the wreck on July 11, 2017, for the purpose of overseeing – as an observer – the pre-tow preparation and tow to a scrapping facility at Liverpool, N.S.

The Claim
October 10, 2017, CCG on behalf of the Department of Fisheries and Oceans (DFO/CCG) filed a claim with the Administrator for costs and expenses incurred in the amount of $1,176,126.41, pursuant to the Marine Liability Act.

The Administrator determined that the claim was admissible under Part 7 of the Act.

Assessment and Offer
On December 14, 2017, after investigation and assessment of the claim, the Administrator sent a draft offer to CCG/DFO. The original deadline for commenting on this draft offer was extended to March 16, 2018. On March 14, the CCG/DFO reverted to the Administrator with comments and with the request to revisit the assessment. As of March 31, 2018, the Offer had not been finalized yet.

Status
The file remains open.

Related files
Farley Mowat (2015) (Town of Shelburne), Case number: 120-679-C1-1 (same ship, previous incident)
Farley Mowat (2015) (CCG), Case number: 120-679-C1 (same ship, same claimant, previous incident)
Ryan Atlantic II (2014) (formerly Cape Rouge), Case number: 120-653-C1 (same owner)
Hannah Atlantic (2014), Case number: 120-652-C1 (same owner)