Man fined $12,000 after boat vanishes
A Victoria man has been fined $12,000 under the Environmental Protection Act for failing to properly dispose of his 22-metre crabbing vessel four years ago.
Telell Waldhaus pleaded guilty Thursday to failing to provide Environment Canada a written report of what happened to the Elling K.
The vessel was last seen being towed out to sea by Waldhaus from a small harbour in Masset, on Haida Gwaii, on Nov. 4, 2013.
“His actions thwarted Environment Canada’s efforts to make sure the vessel was properly disposed of, and indeed, we do not know where the vessel is,” federal prosecutor Alexander Clarkson told Victoria provincial court on Thursday.
Waldhaus was charged under the Canadian Environmental Protection Act. A sea captain for 10 years, Waldhaus purchased the Elling K for his marine services company in Prince Rupert in 2007. He kept it docked in Masset.
In 2011, the dock manager and local enforcement officers saw the boat sinking. Waldhaus told them he would take the vessel to a lumber yard and strip it, Clarkson said.
In 2012, Waldhaus told enforcement officers he would take the boat to shore and dispose of it. Enforcement officers advised him that any disposal at sea required permits under the Environmental Protection Act.
Later in 2012, the boat began taking on water and sank. It was resting on the harbour bottom on its starboard side, Clarkson said. The dock manager pumped water out to try to keep it afloat.
Enforcement officers were there and began removing contaminants from the boat. They tried to reach Waldhaus, but were not successful.
The Elling K sank again in 2013. An enforcement officer issued Waldhaus a compliance order to remove the Elling K from the sea, dispose of it and provide a written report of the disposal to Environment Canada. The order said the boat had to be removed by Nov. 5, 2013.
On Nov. 4, 2013, Waldhaus enlisted locals from Masset to pump water out of the vessel and refloat it. They saw Waldhaus and a friend tow the boat out of the harbour, about three kilometres from the open ocean.
The Elling K was never seen again.
“So the last time the vessel was seen, Mr. Waldhaus was towing it out of the harbour,” Clarkson said. “No report was provided to Environment Canada regarding the disposal and what Mr. Waldhaus did with the vessel.”
Environment Canada contacted local landfills. None had received any boats for stripping. When he was interviewed by an Environment Canada officer, Waldhaus said he didn’t know what happened to the boat.
Environment Canada would not have provided a permit to dispose of the Elling K at sea, said Clarkson, because it could have been moved onto land and stripped.
“There were also environmental risks of disposing of it at sea. It’s a large vessel with a large mast and, depending on the depth of where it was disposed, it could cause navigation dangers for other boaters,” he said.
Waldhaus must pay the $12,000 fine by Jan. 11, 2021. The money is directed to the Environmental Damages Fund to help ensure that those who cause environmental damage or harm to wildlife take responsibility for their actions.
Waldhaus’s lawyer, Matthew Melnyk, said his client is genuinely remorseful for his behaviour. Waldhaus is a former volunteer firefighter whose life revolves around his family, he said. “This was out of character for him.”