Markers indicate a swimming area off of Gyro Beach. Photo by Laurena Weninger - Click on picture for larger image
OSOYOOS TIMES-August 4, 2010
By Laurena Weninger – Osoyoos Times
Ready for a dip in the lake?
Beat the heat by heading down to the swimming areas at one of Osoyoos’s public beaches.
But it turns out finding out who is responsible for placing and maintaining various markers designating swimming areas off of these beaches is not an easy task.
“Director of operations, Ron Doucette, will be meeting with officials in August to discuss buoys, their placement and clarify who is responsible for them,” said Janette Van Vianen, Osoyoos’s director of corporate services.
The meeting will be held to clarify who is responsible and who makes decisions as to where and how buoys are placed in front of motels and other private properties,” she said. “Once this meeting has been held, we will be in a better position to respond to your enquiries (sic).”
Several local residents have raised concerns about the absence of swimming area markers in certain parts of the lake, including the waters off of motel row east of the Hwy. 3 bridge.
The Town of Osoyoos puts the buoys out for the public beaches, but the Town’s authority on managing the buoys is limited by Transport Canada regulations.
“Navigable Waters regulates how and what buoys are required,” Van Vianen said. “For instance, the Town wanted to establish a roped swim area at the public beach near Island View last year; however, before a roped-off buoyed area can be established, the Town must make application to Navigable Waters – they approve the application.”
That means that all official public swim areas that are roped off would have had to be approved by Transport Canada, but the Town would be responsible for placing and removing any swimming area markers.
Sau Sau Liu, a Transport Canada spokeswoman, said there are currently five officially-designated swimming areas on Osoyoos Lake that have been created and are enforceable under the Vessel Operation Restriction Regulations.
“The restrictions are off of the beaches and parks (Lions Park, Gyro Park, Legion Beach, Sandy Beach and Motel Row),” she said. “These restrictions are administered by the Town of Osoyoos.”
The Vessel Operation Restriction Regulations provide the ability for local authorities – in this case the Town of Osoyoos – to apply to Transport Canada for a “restriction.” Restrictions on vessel activities include speed limits, limits on engine power, restrictions on recreational towing and no-boat areas, which are typically the swimming zones.
Other local governments including regional districts and First Nations can apply for restrictions, however, individuals and private organizations such as resorts cannot.
But in addition to the official no-boat areas, many non-regulatory markers also exist letting boaters know that swimmers may be in an area.
“Individuals, resorts and organizations can place non-regulatory buoys for the purpose of informing boaters that swimmers may be in the area of a beach,” Liu said. “Although non-regulatory buoys do not mark an officially enforceable swimming area they must still meet the standards set out in the Private Buoy Regulations.”
She said the process for creating an official restriction has several documentation requirements such as public consultation and identification that enforcement of the restriction is available.
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