Confusion over ciscoes nets fine
Fisher admits infraction, but asks for more public awareness on rules
Daniel Campbell
Northern News Services
Published Friday, April 4, 2014
SOMBA K'E/YELLOWKNIFE
Next time you're out dipnetting ciscoes, heed the warning of this man.
Colin Cleveland, left, and Lee Hysert, stand with the binder full of evidence provided to Hysert by Crown prosecutors for his Fisheries Act infraction – for which he paid a fine of $250. - Daniel Campbell/NNSL photo |
Lee Hysert was fined $250 in territorial court on Tuesday for not following what one judge called "confusing" fisheries regulations.
Hysert pleaded guilty to over-harvesting ciscoes - a type of bait fish that runs up the Yellowknife River in the fall - and paid his fine, but he says fisheries officers should do more educating and less enforcing.
Hysert and four others, including his 15-year-old son, were dipnetting ciscoes at Tartan Rapids on Oct. 23. The group were netting fish into two coolers, with Hysert's son doing the lion's share of the catching.
The group left at the end of the day, with Hysert boating the two coolers down to the boat launch about three kilometres away. They planned to meet back in town to split up their catch of 797 ciscoes, knowing that collectively, they were under their legal limit of 175 each.
But when Hysert arrived at the dock, two officers with the Department of Fisheries and Oceans were waiting for him. They seized the ciscoes and the coolers they were in.
The officers charged Hysert, noting he had more than his legal limit for that day even while he claimed they weren't all for him.
"They made us feel like the biggest criminals in the world," Hysert said.
"I was surprised they didn't pull their guns on us."
Terry Stein, a field supervisor with the department in Yellowknife, told Yellowknifer it's illegal to transport someone else's fish unless it is separately bagged and labelled. In fact, it is illegal to possess fish anywhere except in one's house, unless it is clearly labelled, but Stein said it's not typically a problem to transport unlabeled fish - in the bottom of one's boat, for instance - as long as it's clear who caught them.
He said it's "generally not much of a problem" either for groups of people to keep their fish together while fishing as long as everyone is present, but when it comes to transporting the catch, the fish should be separated.
"I had no idea," Hysert said, explaining he was transporting the fish because they'd be easier to divide in town later than on the river.
"I was just trying to save them some work here," he added, referring to his companions.
Stein also noted people aren't allowed to fish for each other, even if as a group they are within their daily limit.
"People need to understand that party fishing is not permitted in the Northwest Territories," he said, meaning people are not allowed to catch fish for other anglers after reaching their own limit.
Hysert stood before Territorial Court judge Christine Gagnon on Tuesday, accepting responsibility for the infraction.
"So you can't have a designated fisher person?" Gagnon asked, trying to understand why she'd need to fine the man before her.
Roger Shepard, prosecuting the case, said "a message must be sent," asking the judge to impose a $250 to $300 fine.
But Gagnon still had trouble figuring out what the issue was.
"It's fair to say, the regulation appears to be quite confusing," she said.
Nonetheless, she fined Hysert $250 and ordered him to forfeit the fish - although she allowed Hysert to reclaim his seized coolers.
Colin Cleveland, who had left the fishing party earlier hoping to get his share in town, was also pulled aside that day and questioned by officers about their catch.
"I think they're missing the spirit of the (Fisheries) Act," Cleveland said.
"If they catch people
with these minor infractions, they should do a little educating," he added.
Stein said it's important people read and understand the regulations.
Hysert said he supports the efforts of fisheries officers, adding he's invested in protecting the environment as well. But he thinks the regulations can be tricky and hopes the officers do a better job with public awareness.
"Don't be a robot. Be a human," he said.
Fact file
Keep your own fish
"When stored in an area other than your permanent residence, fish must be marked with the name and sport fishing licence number of the person who caught them. If you are transporting fish, this information must also be marked on the outside of the package."
Source: NWT Sport Fishing Regulations Guide
