This case involved a charge under s. 33(2) of the Fishery (General) Regulations of failing to “forthwith” return incidentally caught fish. The fish in this case, were 12 dead salmon incidentally caught in a herring net set to catch bait for lobster traps. Upon being caught on the grounds with a bag containing 12 salmon, the accused gave evidence that …Full Summary
These summaries of recent Fisheries law cases are prepared by Brad Caldwell of Caldwell & Co., 401-815 Hornby Street, Vancouver, B.C., V6Z 2E6. Telephone (604) 689-8894, E-mail: email@example.com. Papers related to Fisheries law and additional groupings of Fisheries law cases by sub-topic can be obtained at the full version of the website.
Readers are urged to consult CanLii for updates to the cases digested on this site.
This case involved charges against a ground fish cod fisherman for continuing to direct for skate or monkfish after landing catches in excess of his by-catch allowance. The issue was whether or not he had a defence of reasonable and honest mistake of fact. The evidence was that although the accused had been fishing for 10 years, this was the …Full Summary
This case involved charges against of what is commonly called dual fishing. That is, fishing at the same time under the authority of both a commercial halibut licence and an aboriginal food fishing licence. Up until 1999, commercial by-catch of fish in excess of that allowed, could be relinquished to the Crown without penalty. At the same time, commercial aboriginal …Full Summary