Canadian Lawyer

REGIONAL WRAP-UP B.C.'S TSUNAMI DEBRIS IS FINDERS KEEPERS well into 2014. That's the anticipated date for the last of V ictoria marine lawyer Darren Williams expects to be fielding phone calls regarding Japan' s tsunami debris who has authored a paper "Finders Keepers? The Law of Tsu- nami Debris." The debris ranges from fishing vessels to 20- and 40-foot cargo containers to bits of wood and plastics. In most cases, it is "finders keepers," says Williams, whose " says Williams, the tons of earthquake and tsunami debris to finish its migration across the Pacific, over to Alaska, down the British Columbia, Washington, Oregon, and California coastlines before cutting over towards Hawaii and concluding its trip in a 2,000 mile clump of plastic and garbage now floating mid-point in the Pacific Ocean. "We are not seeing so much in Mexico, clothing, and running shoes, through to items such as the Har- ley Davidson motorcycle that hit the news a few months ago. But, there are two aspects to laying claim to material found. clients have included individuals who have found cargo contain- ers washed up on the shore of Haida Gwaii along the B.C. coast- line. The containers are locked but not water tight, he says, so when opened the contents are usually water-soaked and spoilt from a year at sea. The contents run the gamut from spoilt food, PROFESSIONAL DIRECTORY Supreme Court of Canada Counsel and Agency Services Henry S. Brown, QC Brian A. Crane, QC Guy Régimbald Graham Ragan Matthew Estabrooks Eduard J. Van Bemmel, Law Clerk The first relates to free-floating vessels or untied vessels land- ing on shore. Under the Canada Shipping Act, the person finding the vessel first reports it to Transport Canada and then attempts to find the owner. The finder has the right of a salvage claim, but it's not greater than owners' right to the vessel. By going to court, the finder is compensated for rescuing the vessel. If the owner refuses to pay, the salvager can sell the vessel. One of William's clients was interested in the floating Japanese fishing vessel found off the U.S. coast in spring. The client considered salvag- ing the vessel, which was float- ing 400 kilometres offshore and near fishing grounds, but because of a large amount of diesel on board and a fear of seep- age, the plan was abandoned. The U.S. coast guard later sank the vessel. The second aspect relates to debris washed up on the shore 160 Elgin StreetSuite 2600OttawaOntarioK1P 1C3T 613-233-1781 montréalottawatorontohamiltonwaterloo regioncalgaryvancouverbeijingmoscowlondon with the high-tide line as a simple dividing line between Crown land and private land, says Williams. Below the high- tide mark is Crown land, while above is any property owned by beachfront residents and that sets out areas of control as to who has an obligation such as clean up and rights to material. "Government doesn't really want the responsibility [of clean- ing up the material]," says Williams. So, it is open to beach- combers and "free for the taking." Currently, the task of cleaning up the debris is falling to local ntitled-1 1 Over1,800 MembersacrossCanada Find a Professional Mediator / Arbitrator 18774754353 arbitrator 12 OCTO BER 2012 www.CANADIAN Lawyermag.com ntitled-1 1 12-06-08 9:18 AM 12-01-17 10:50 AM Queries about tsunami debris are keeping Darren Williams busy. municipalities that have placed debris containers on the beaches and asked local volunteers to pitch in. Williams says Washing- ton State, which normally budgets $85 million annually for debris clean up, spent $250 million in the first three months of 2012 cleaning the tsunami debris from its beaches. As for that huge mat of plastic and debris where the tsu- nami material will eventually end up in mid-Pacific? It's created interest from one client, he said, who wants to take it over and declare it as a sovereign nation. A more likely scenario, said Willliams, is that an enterprising individual will figure out how to salvage and recycle that huge clump of plastic and other material. Read Williams' paper on tsunami debris and marine law at www.marinelaw.ca. jean_sorensen@telus.net — JEAN SORENSEN

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