LOCATION: Port Hardy, British Columbia
Case number: 120-715-C1
On March 22, 2016, the Canadian Coast Guard (CCG) was informed that the fishing vessel Kokanee (35 feet length overall) was sinking at the Port Hardy dock, British Columbia and that oil was being discharged into the marine environment. The port authority deployed absorbent pads and a containment boom around the vessel to help mitigate oil pollution damage.
The CCG deployed local personnel to assess the situation and respond as necessary. The vessel owner advised that he did not have the ability nor funds to remove the Kokanee from the water. Consequently, the CCG assumed the On-Scene Commander role and hired a local contractor to tow the wooden hull to a vessel storage yard at Port Hardy.
When the vessel was lifted out of the water, the CCG engaged a marine surveyor to attend and conduct a survey for condition and salvage value of the wreck. The CCG subsequently contracted for the deconstruction of the vessel.
On April 20, 2017, the 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 $4,109.75, made pursuant to the MLA.
The Administrator determined that the claim was admissible under Part 7 of the Act.
Assessment and Offer
On June 7, 2017, after investigation and assessment of the claim, the Administrator made a final offer to DFO/CCG for the established amount of $2,501.35, plus interest.
The salient difference between the claim and the amount established by the Administrator was due to the dismissal of costs related to the survey performed, post-recovery, while the vessel was on the blocks in storage. A survey of this nature is not directly linked to pollution prevention or pollution damage and as such not admissible for a claim under the Act.
On June 28, 2017, the offer was accepted by the CCG.
On July 5, 2017, the Administrator directed payment of the amount of $2,592.33 (which includes interest in the amount of $90.98) to DFO/CCG.
During the months of July and August 2017, the Administrator carried out numerous attempts to reach the vessel owner, but these attempts were unsuccessful.
On August 30, 2017, the Administrator closed the file.