download - WaveLength Paddling Magazine

Kayaks are typically one or two persons,
and could either be removed from the
requirements of the MLA by operation
of the Transport Canada Marine Safety
Bulletin 14/2000 (http://www.tc.gc.ca/pol/
EN/Report/Marine/rcpi8e.htm#8.2) or by
the MLA section 37 crew filter (http://www.
tc.gc.ca/pol/EN/Report/Marine/rcpi5.htm).
Requirements of the MLA would appear to
apply in the case of a guide and a client in
the same double kayak.
In any case, it would appear that Transport
Canada may accept a minimum level of $1
million of liability insurance coverage for
kayak tour operators that are covered by
the MLA.
The use of waivers and whether or not
they can be used for on water activities
that are covered by the MLA remains
a contentious issue. Operators should
consult with their lawyers to determine if
waivers are valid for their particular marine
activities.
The above information is in no way to be
considered legal advice. Commercial kayak
tour companies should consult their own
legal and insurance advisors.
COMMERCIAL TENURE
After consulting with industry
representatives, including the Association
of Canadian Sea Kayak Guides and the
Sea Kayak Guides Alliance of BC, the
Province of BC, through its agent, Land
and Water British Columbia Inc. (LWBC),
has implemented a revised Commercial
Recreation Policy governing the use of
Crown land by commercial kayak tour
operators.
The policy provides opportunities for
tour operators to be granted authority to
occupy Crown land for camp purposes
and gives authorized users the benefit of
business certainty, protection of business
investment and recognition as a valid user
of Crown land. Additionally, authorized
tour operators have access to a process in
which to deal with trespassers and other
land use conflicts.
A tenure incentive program was initiated
April 1, 2003 to encourage existing
businesses using Crown land apply for
tenure. That program ended March 31,
2004 and LWBC has now established a
Compliance and Enforcement program to
address trespass issues. LWBC has recently
hired Compliance and Enforcement Officers
who will be responding to complaints from
the general public and authorized operators.
These officers will be conducting patrols to
ensure that commercial users of Crown land
are indeed authorized and that the terms of
existing agreements are being met.
Commercial kayak tour operators who
have been using Crown land without
550 people attended the 4th annual Port Angeles Kayak Symosium in April. Kayak
manufacturers displayed their products and a wide variety of kayak gear was offered
at discount. Demo kayaks were available on the beach to test in the calm waters of Port
Angeles Harbor. Well-attended slideshows of kayaking and river rafting included a trip
around Iceland by noted paddler Chris Duff, and Bryan Smith’s attempted first descent
of northeast India’s Lohit River. The Symposium was sponsored by Olympic Raft & Kayak,
located near the Elwha River Bridge, highway 101: www.raftandkayak.com.
authorization still have an obligation
to make application for tenure. Those
business owners who choose not to obtain
the necessary approvals will find that they
are subject to administrative penalties and
may be ordered to immediately cease
operations, particularly if they have been
previously contacted and informed of the
need to obtain authorization. In order to
assure their businesses will be allowed to
operate this season, all unauthorized tour
operators should contact their local office
of Land and Water BC Inc. and visit the web
site: www.lwbc.bc.ca/applying_for_land/
commercial_recreation.htm.
CRUISE LINE IMPROVES
The international ocean advocacy
group Oceana has announced that Royal
Caribbean Cruises Ltd. has committed to
install Advanced Wastewater Purification
technology on all its ships, to meet strict
water quality standards. Cruise ship pollution
is a real scourge on the ocean environment
and it is hoped the entire cruise industry
will emulate Royal Caribbean.
MARINE WEATHER SURVEY
Th e M e t e o r o l o g i c a l S e r v i c e o f
Environment Canada, the Canadian Coast
Guard, the Marine Safety division of ➝
June/July 2004 www.WaveLengthMagazine.com
49