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N.S. court issues largest fisheries fine in Canadian history
Canadian Press
HALIFAX — A Nova Scotia fishing company has been handed the largest fine in Canadian history following an investigation that lasted more than five years and stretched around the globe.
The provincial court of Nova Scotia issued the $839,734.82 penalty to Ivy Fisheries Ltd. and seven fishermen linked to the company Wednesday, saying all parties were guilty of grave violations under the federal Fisheries Act.
“These are serious charges each involving multiple breaches of licence conditions in a lucrative, but seriously threatened fishery,” Justice Anne Crawford wrote in a strongly worded sentencing decision.
“It is important that they learn that their fishing licences represent a privilege, not a right, and that in exercising that privilege they are exploiting a resource that belongs to the people of Canada.”
The company and fishermen were found guilty of a range of offences, including failing to return unlicenced species to the water, selling fish illegally, fishing two or more licences concurrently, and failing to enter confirmation numbers in log books.
Scott Mossman, the fishery officer who led the investigation, said it's likely the fishermen were catching prized bluefin tuna with shark gear, a practice that allowed them to catch 135 bluefin — valued at $1.2 million — in less than three months.
That concerns officials who have watched the bluefin tuna stock decline dramatically since the 1970s as world markets increase their demand for the high-priced catch.
“Bluefin tuna is in trouble, there's no doubt about it,” Mr. Mossman said in an interview. “It's a real conservation concern and we have to try to protect the resource for the future.”
The company, which did not return calls Wednesday, was found guilty of failing to immediately document a catch of bluefin worth almost $250,000. That, the judge ruled, could lead to fishermen discarding smaller fish in favour of larger ones and jeopardizing conservation efforts.
One fisherman was found to have caught tuna while fishing under a shark licence, while the company was penalized for being complicit in the fishing violations.
“There was a co-ordinated effort to maximize profits from the tuna fishery, even if that meant breaking the rules,” Justice Crawford ruled.
Dubbed Operation Octopi, the probe began in late 2000 when fisheries officials noticed irregularities in the company's records and that certain boats appeared to be bringing in large catches.
Mossman said 30,000 documents were then seized from the Sambro-based company in 2001, giving them enough evidence to lay more than a dozen charges.
The trial began in 2003 and involved stacks of paperwork and an international trail that tracked 176 tagged bluefin tuna from where they were caught to the distant clients who bought them.
“We had to trace every fish from the water to the end sale and see who profited from it,” Mr. Mossman said of the deep-blue and silver coloured fish that can grow to 680 kilograms and are in huge demand in the Japanese sushi market.
“Most went to Boston or Japan.”
The judge also revoked one of Ivy Fisheries main fishing licences, forcing the company to recall one of its boats that was apparently out at sea fishing for tuna.
Federal officials praised the stiff fine that far exceeded previous penalties that came in under $200,000 on average.
Fisheries Minister Loyola Hearn said the penalties should serve as a potent deterrent to companies considering violating Canada's fishing regulations.
“Anyone thinking about cheating should remember two things: First of all, make no mistake, our fishery officers are watching,” he said in a statement. “And, as you can see, the courts take fishery violations very seriously.”
The defence has 30 days to appeal the sentence.
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