An illegal fishing scheme has netted two Bonne Bay skippers and the company owned by one of them fines of $2,000 each.
Todd Young, of Woody Point, his company, Gauvin and Noel Company Ltd., and Lindsey Crocker, of Trout River, were convicted in December of operating a vessel while unnamed in a fishing licence and unlawfully fishing from a vessel without a valid vessel registration card.
Crocker was also convicted of failure to comply with the condition of a licence.
The charges stemmed from a November 2016 incident where officers with the Department of Fisheries and Oceans observed the transfer of herring between boats operated by the two men.
The Crown called it a scheme to catch fish together under one licence while sharing the proceeds from the sale of the fish.
Judge Wayne Gorman rendered his decision on sentencing in provincial court in Corner Brook on Thursday.
He said the offenders understood that their actions were unlawful. Crocker was not fishing pursuant to his licence, and knew he could only catch herring with a tuck seine and that he had no lawful authority to fish with a purse seine.
Young and the company, he said, assisted Crocker in illegal fishing.
Gorman said they knew that he was not listed in their licence and was not authorized to fish pursuant to it.
“Commercial fisherman cannot plead ignorance when breaching their licence conditions,” he said.
There had been mention during submissions on sentencing that the practice the men engaged in was one that was common in the fishery and had never resulted in charges before, and that made this a test case.
“The case may be a ‘novel’ one from the perspective of the issue raised not having been litigated, but as I just said the illegality was obvious,” Gorman said in addressing that suggestion in his sentence.
“A commercial fisherman, such as Mr. Young, cannot participate in fishing without taking all reasonable steps to ensure it is lawful.”
While Young had asked the court to consider that he would be hit with a double fine as owner of the company, Gorman said they are separate legal entities and should be kept separate for sentencing purposes.
Gorman also ordered that a white skiff used in the illegal fishing operation be seized by the Crown.
Had the vessel not been seized he would have increased the fines for the three to $5,000 each, even though both the offenders and the Crown had suggested lesser amounts.
The company was given 30 days to pay its fine. Young was given 60 days and Crocker was given 120 days.
Young declined to comment on the fines following the conclusion of the hearing. His lawyer, Robby Ash, said they would review the judge’s written decision before making a decision on whether to appeal it.
How the fines are broken down
Using a fishing vessel which had not been issued a registration card, contrary to Section 13(1)(a) of the Atlantic Fishery Regulations, 1985
Gauvin and Noel Company Ltd. — $1,000
Todd Young — $1,000
Lindsey Crocker — $1,000
Permitting a person not named in a licence to fish, contrary to Section 13(1)(c) of the Atlantic Fishery Regulations, 1985
Gauvin and Noel Company Ltd. — $1,000
Todd Young — $1,000
Lindsey Crocker — $500
Failing to comply with the conditions of his fishing licence by failing to accurately complete his fishing log, contrary to Section 22(7) of the Fishery (General) Regulations
Lindsey Crocker — $500
Totals for all three — $2,000