Operating fishing gear marked with a vessel registration number not set out in the licence authorizing the use of the gear

These summaries of recent Fisheries law cases are prepared by Brad Caldwell of Caldwell & Co., 404-815 Hornby Street, Vancouver, B.C., V6Z 2E6. Telephone (604) 689-8894, E-mail: brad@marine-law.ca CV: Link.

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$6 - 832 worth of crab - Forfeiture - Offences - Operating fishing gear marked with a vessel registration number not set out in the licence authorizing the use of the gear - Whether forfeiture mandatory or discretionary

R v. v. May, 2013 CanLII 8665 (NL PC)

In Fish Cases, Forfeiture, Offences on August 28, 2013 (Updated August 28, 2013)

This case involved a fish harvester caught with crab caught under a improperly marked buoy. The crab was seized and sold for $6,832.80. After reviewing the applicable authorities including R v. Rideout, [2005] N.S.J. nO. 9 (N.S.S.C.) (digested herein), the court concluded that since it is possible that all the elements of the offence could have been established before any …

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