Business owners fined for illegal fish
Judge acknowledges men were trying to support local fisher but breached rules by doing so
Evan Kiyoshi French
Northern News Services
Friday, February 26, 2016
SOMBA K'E/YELLOWKNIFE
Bud Weaver and Sam Bullock had "admirable, even commendable" intentions when they bought walleye, sold locally as "pickerel," from an unlicensed fisher from Behchoko but they violated fisheries regulations in the process, a judge has ruled.
Territorial court judge Bernadette Schmaltz told court yesterday that the pair scored a near-miss when they asked to see commercial fishing credentials before buying the pickerel from fisher Narcisse Chocolate but they failed to note that the licence he showed them - a business licence from the town of Behchoko which allows him to sell fish and firewood in the community alone - wasn't a commercial licence from the Department of Fisheries and Oceans.
"The accused did not take necessary steps to make sure they were in compliance with the law," she said.
She said Bullock, the owner of Bullock's Bistro, bought more fish from Chocolate than Weaver did in a shorter period of time but he also suffered a greater loss when his pickerel supply was seized by fisheries officers in 2015.
"Neither intentionally bought (illegally caught) fish," she said. "Both believed Narcisse Chocolate was licensed, and were supporting a local fisher. I know Bullock's is known for the freshness of the fish."
She said neither of the accused have previous convictions and have begun maintaining separate files for every fisher they buy from. She said the men have both stated they feel embarrassed at having been brought before the courts and suffering damages tho their reputations.
"Bullock, he is very proud of his regulatory track record,"
The men had applied for a full-discharge but Schmaltz refused to do that, fining each of them $1,000.
"The sentences must be a deterrent to others," she said. "I do not find (the offences) to be harmless, trivial or inconsequential. I'm not satisfied entry of a conviction will have any negative affects for Mr. Bullock or Weaver."
Schmaltz said Bullock and Weaver have until the end of March to pay their fines.
Schmaltz said the pair forfeit pickerel seized by fisheries officers. She asked Crown prosecutor Brendan Green what will be done with the seized fish.
"I do not know, your honour," said Green.
Bullock said, in his experience, pickerel isn't fit for the plate after six months in a freezer. Bullock was charged in January of last year while Weaver's charge dates back to May 2014.
"The fish has a six-month expiry time," he said. "I would think that fish, no matter how it was frozen, would be good fish for the landfill."
