Farley Mowat (2015) (Town of Shelburne)

LOCATION: Shelburne Harbour, Nova Scotia

Case number: 120-679-C1-1

The Incident
On June 24, 2015, the Canadian Coast Guard Environmental Response personnel (CCG ER) were notified that the Farley Mowat was sinking at the wharf in Shelburne, Nova Scotia. The ship was well down by the stern and was thought to be touching the bottom off the Harbour Authority dock. The CCG and contractors responded to the pollution incident (response measures are described in the summary related to the claim filed by CCG, 120-679-C1).

On August 5, a final inspection of the Farley Mowat was completed by Transport Canada Marine Safety, Environment Canada Enforcement, Shelburne Harbour Authority and the Coast Guard personnel. They agreed that all reasonable measures had been taken to remove contaminants from the ship. The owner was notified that Coast Guard was finished with its response. The Farley Mowat was secured alongside and personnel departed the site.

During May 2016, the owner’s contractors removed the main engines from the vessel and left the main deck open and exposed to weather. Starting in October 2016 the town had to regularly pump out a significant volume of oily water to prevent further pollution of the harbour and the sinking of the vessel. On June 7, 2017 the Department of Fisheries and Oceans issued a Direction/Order to the vessel owner, demanding a response plan to eliminate the threat of pollution from the Farley Mowat by 1600 June 12, 2017. The Direction included the following note: “The MV Farley Mowat currently secured alongside the wharf in Shelburne, Nova Scotia, threatening to release pollutants into the marine environment”.

The Claim
On June 23, 2017, the Town of Shelburne filed a claim in the amount of $47,598.78 with the Administrator for costs and expenses incurred between June 25, 2015 through June 12, 2017.

The costs and expenses covered by the claim included:

  • cost of security services required by the Coast Guard during their operation to raise the vessel;
  • other charges;
  • loss of berthage revenue for the period June 25 thru August 9, 2015 (period of 42 days) during the refloating of the Farley Mowat by the Canadian Coast Guard;
  • removal costs of the debris left on the wharf by the owner when he started to deconstruct the vessel;
  • costs of pumping oily water out the vessel at regular intervals to prevent further pollution.

The claim of the Town of Shelburne covered therefore two distinct incidents, one in 2015 (the sinking of the vessel), and the other in 2016, (caused by the partial deconstruction of the vessel by the owner), which created a new pollution risk.

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

Assessment and Offer
On July 18, 2017, after investigation and assessment of the claim, the Administrator sent an offer to the Town of Shelburne for the established amount of $43,641.94, plus interest, as full and final payment.

The disparity between the established amount and the claim was due to several factors, the most salient being loss of berthage revenue, which was disallowed, and minor costs related to debris removal and miscellaneous charges.

The offer was accepted and on or about November 6, 2017, payment was made to the Town of Shelburne.

Status
The file remains open.

Related files
Farley Mowat (2015) (CCG Claim), Case number: 120-679-C1 (same incident, different claimant)
Farley Mowat (2017) (CCG Claim), Case number: 120-718-C1 (same incident, different claimant)
Ryan Atlantic II (2014) (formerly Cape Rouge), Case number: 120-653-C1 (same owner)
Hannah Atlantic (2014), Case number: 120-652-C1 (same owner)