This article was last updated on April 16, 2022
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Two extensive investigations by the Bay Roberts Detachment of Fisheries and Oceans Canada (DFO) have uncovered significant misreporting of crab catches in 2007, 2008, and 2009. Total fines and forfeitures involving twenty-one convicted commercial fishers currently exceed $463,000, some of the highest individual fines for fishing offences in the history of the Newfoundland and Labrador fishing industry. Fourteen additional cases are still before the court.
In 2008, an initial investigation examined the 2007 crab fishery in NAFO division 3L and uncovered a large number of misreporting offences involving significant amounts of crab. Based on growing concern of deliberate, widespread, misreporting in the 3L crab fishery, a second investigation was put in place in 2009. This investigation continued the work already underway, and was designed to focus on regulatory non-compliance within the 3L crab fishery on a real-time basis.
Both operations utilized the most modern enforcement tools designed to retrieve, integrate, and analyze data from multiple sources. Data was also collected from surveillance flights and mid-distance patrols, in-port and at-sea inspections, statistical systems, historical catch information, Vessel Monitoring System (VMS), Dockside Monitoring Program (DMP) records, and more.
To date, the first investigation has resulted in the convictions of six of eight fish harvesters, along with fines totaling $182,500 for offences that occurred during the 2007 fishing season. In
addition to the fines, court orders have been imposed on these fish harvesters for the 2010 fishing season. The charges laid against the two remaining fish harvesters are still before the court.
addition to the fines, court orders have been imposed on these fish harvesters for the 2010 fishing season. The charges laid against the two remaining fish harvesters are still before the court.
Fish Harvesters convicted for misreporting 2007 catches include:
- Gerard Power of Calvert, fined $75,000;
- Ronald Sullivan of Calvert, fined $40,000;
- Lawrence Sullivan of Calvert, fined $35,000;
- Lorne Porter of Port de Grave, fined $20,000; and
- Frederick Goodridge of Renews, fined $9,000.
As well, Derrick Petten of Port de Grave was fined $3,500 for hauling another fish harvester’s crab pots in 2007.
With one exception, all harvesters were ordered by the court to report to DFO 24 hours prior to commencement of a crab fishing trip and to carry an at-sea observer, at their own cost, for four crab fishing trips in 2010. Fishery officers will determine the timing of this observer coverage.
To date, the second investigation has resulted in the conviction of 15 of 27 fish harvesters, along with fines and forfeitures totaling $280,456 for offenses that occurred during the 2008 and 2009 crab fishing seasons. Charges against 12 fish harvesters are still before the court. Convictions include:
| Fish Harvester and Home Community | Total Penalty | Fine | Quantity and Value of Crab Forfeited | Conviction |
|---|---|---|---|---|
| Wayne Coady, St. John’s | $39,000 | $39,000 | n/a | Misreporting 2009 catches. |
| Dennis Ellis, Conception Bay South | $32,718 | $13,500 | 12,633 lbs; $19,218 | Misreporting 2009 catches and exceeding quota in Crab Fishing Area 3NO200. |
| Melvin Way, Bonavista | $32,361 | $2,000 | 24,302 lbs; $30,361 | Fishing in a Crab Fishing Area for which he did not have a licence. |
| Michael O’Brien, Calvert | $29,250 | $18,000 | 8,440 lbs; $11,250 | Misreporting 2009 catches and exceeding quota in Crab Fishing Area NearShore (NS) |
| Sean Hussey Port de Grave | $25,005 | $16,500 | 6,300 lbs; $8,505 | Misreporting 2008 & 2009 catches; fishing more than one crab fishing area during the same fishing trip without an observer. |
| Stephen Maloney, Witless Bay. | $21,216 | $9,000 | 9,167 lbs; $12,216 | Misreporting 2009 catches and failing to take quota in an assigned area. |
| Walter Noseworthy, Bryants Cove | $19,266 | $8,050 | 8,500 lbs; $11,216 | Misreporting 2009 catches; failing to take quota in an assigned area; and fishing more than one crab fishing area during the same fishing trip without an observer. |
| Nelson Taylor, Bristol’s Hope | $19,216 | $8,000 | 8,500 lbs; $11,216 | Misreporting 2009 catches; failing to take quota in an assigned area; and fishing more than one crab fishing area during the same fishing trip without an observer. |
| Neil Mitchell, Portugal Cove | $18,101 | $12,050 | 6,763 lbs; $6,051 | Misreporting 2009 catches; failing to take quota in an assigned area; and fishing more than one crab fishing area during the same fishing trip without an observer. |
| Lloyd Hopkins, Brownsdale | $16,924 | $16,924 | n/a | Misreporting 2009 catches; exceeding quota in Crab Fishing Area NearShore (NS); and fishing more than one Crab fishing Area during the same fishing trip without an observer. |
| Howard Morgan, Port de Grave | $11,177 | $6,000 | 3,998 lbs; $5,177 | Misreporting 2009 catches and exceeding crab pot limits. |
| Robert Critch, Manuels | $8,700 | $2,000 | 5,027 lbs; $6,700 | Fishing in a Crab Fishing Area during a closed time. |
| Robert Strathie, Bonavista | $4,272 | $1,500 | 2,054 lbs; $2,772 | Fishing in a Crab Fishing Area for which he did not have a licence. |
| Clayton Warren, Chapel Arm | $2,000 | $2,000 | n/a | Fishing more than one Crab Fishing Area during the same fishing trip without an observer. |
| Dean Ellis, St. John’s | $1,250 | $1,250 | n/a | Hauling crab pots belonging to another harvester. |
In addition, the court also ordered Wayne Coady of St. John’s, Michael O’Brien of Calvert and Lloyd Hopkins of Brownsdale to have their Vessel Monitoring Systems (VMS) report to DFO every 15 minutes as opposed to every hour as is set out in normal licence conditions. This order is in effect for Mr. O’Brien for the 2010 fishing season, and for the 2010 and 2011 fishing seasons for Mr. Coady and Mr. Hopkins. The court also ordered that Mr. Coady can not transfer his fishing licence until his fine is paid in full.
DFO works with the industry to maximize benefits while ensuring sustainable harvesting practices. Illegal fishing practises can seriously harm the resource and deprives other harvesters of equal access and potential benefits.
Edited by Tapa Menon
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