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Author Topic: Consultation on ticketing under the Fisheries Act for commercial and recreation  (Read 6440 times)

wildmanyeah

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Fishery Notice
Category(s): ABORIGINAL - General Information
COMMERCIAL - General Information
RECREATIONAL - General Information
Subject: FN1117-GENERAL INFORMATION - Consultation on ticketing under the Fisheries Act for commercial and recreational fisheries

Fisheries and Oceans Canada (DFO) is planning to expand and update the use of
ticketing under the Contraventions Regulations  to cover minor offences, for
both commercial and recreational fishing activities for the following
regulations: Fishery (General) Regulations (FGR); Pacific Fishery Regulations,
1993 (PFR); and, British Columbia Sport Fishing Regulations, 1996 (BCSFR).  It
is anticipated that ticketing for minor offences will reduce the need to lay
charges, thereby saving individuals and companies the time and expense of
appearing in court.

A website has been created to get your opinion on whether you think ticketing
is a useful tool, the benefits or drawbacks you foresee for your activities or
industry, and how this ticketing regime will be accepted in your area.

Please visit the website at: www.dfo-mpo.gc.ca/tickets

FOR MORE INFORMATION:

Chris Manore
604.666.6408

Fisheries & Oceans Operations Center - FN1117
Sent October 23, 2017 at 1056
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wildmanyeah

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I would of posted this in the "Fishing-related Issues & News Forum" but it appears that people don't read the posts and this is also important to this section of the forum

What was Blairs offence again? that should of been a ticketable offence.


Presentation - Updated Ticketing Regime for Fisheries Act Offences
Consultations Deck

Overview[/b]
•   Introduction
•   The current reality:
o   How do we currently handle Fisheries Act violations?
•   Looking forward:
o   Ticketing as an enforcement option
o   Implementation
o   Objectives
o   Examples of tickets
Introduction
Setting the stage…
•   Fishers must comply with the  Fisheries Act and related regulations
•   Fishery regulations set out fishing quotas, closed times, gear and fishing licence restrictions and other provisions necessary for the management and conservation of fishery resources.
•   Fishery officers across the country are responsible for ensuring compliance so that our fisheries remain sustainable.
•   BUT currently, our enforcement options are not the same across the country.
We want to be consistent in our approach, using the tools that make the most sense, and we want your input.
The current reality
How do we currently handle Fisheries Act violations?
•   Education/outreach beforehand
•   Warnings
•   In some provinces, we can issue tickets:
o   British Columbia: Summary Offence Tickets issued under the Fisheries Act ticketing regimes, using the fine schedule under the British Columbia Sports Fishing Regulations (BCSFR).
o   Ontario and Maritime Provinces: tickets are issued under the Contraventions Act ticketing regime.
•   The rest of the time, we prosecute using the more formal process which requires attendance in court (e.g. summary convictions resulting in court time for the accused and the fishery officer).
Looking forward
We want to expand our enforcement tools to include ticketing:
•   Tickets would be issued for minor offences (similar to a traffic violation) where appropriate.
•   These offences would not result in a criminal record, but would be recorded as an offence under the Fisheries Act.
•   Offenders would have a choice to either pay the ticket or attend court for trial if he or she wished to contest the matter:
o   payment of a fine would save the time and expenses associated with a court appearance on a summary conviction.
•   The formal court process (e.g. summary conviction or indictment) would continue to be used for more serious offences.
Objectives
Expand and update the use of ticketing under the Contravention Regulations to cover minor offences, for both commercial and recreational fishing activities for the following regulations:
•   Fishery (General) Regulations (FGR)
•   Atlantic Fishery Regulations (AFR)
•   Newfoundland and Labrador Fishery Regulations (NLFR)
•   Pacific Fishery Regulations (PFR)
•   British Columbia Sport Fishing Regulations (BCSFR)
Note that fishery officers would still have the option to lay charges for serious offences.
Benefits for the fishermen
•   Consistency of application across regions.
•   Avoids industry from having to appear in court for minor offences.
•   Enables Courts to be available for more serious offences.
•   Frees up fishery officers to focus on higher priority files.
Proposed tickets/fines
•   Fines are between $100-$500 and are similar to existing provincial fines
•   Commercial fishery fines are generally higher than those for the recreational fishery
•   General guideline:
o   Administrative and/or low impact infractions = lower fine $100-200
o   Infractions related to transportation issues = ~$350
o   Infractions related to fraud/mischief or a conservation threat = ~$500
Examples of tickets
•   Failing to carry and produce a licence or registration: $100
•   Operating improperly marked fishing gear: $150
•   Failing to surrender a document when requested: $200
•   Possessing fish whose number cannot be readily determined: $200
•   Recreational fishery for clams during close time: $250
•   Operating a vessel without properly painted or securely affixed registration number: $300
•   Fishing in closed waters: $500
•   Fishing during close time: $500
•   Fishing with prohibited gear: $500
•   Recreational fishing for groundfish during close time: $500
We want to hear from you
•   Find more information about the ticketing project online at: www.dfo-mpo.gc.ca/ticketing
•   Consultations will take place between September and December 2017.
•   Send us your comments!
o   Email: DFOTickets.ContraventionsMPO@dfo-mpo.gc.ca
o   Mail:
DFO Ticketing Consultation
13th Floor, 200 Kent Street
Ottawa, Ontario
K1A 0E6
Questions:
1.   Do the proposed fines and violations make sense to you?  Do they seem fair and consistent?
2.   What effect will this ticketing plan have on you and your industry?  What are the pros and cons?
3.   Do you think ticketing will be accepted in your region/industry?  Why or why not?
« Last Edit: October 23, 2017, 07:42:20 PM by wildmanyeah »
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milo

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"Fishing with prohibited gear: $500"

I like that. People will think twice before choosing to fish with barbed hooks where prohibited (i.e. Vedder).
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Knnn

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Thanks for posting this.

I hope people will comment and support this initiative to allow DFO to use their limited resources more efficiently.
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Robert_G

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Consultation on ticketing under the Fisheries Act for commercial and recreational fisheries

What are the fines for dumping dozen's of Pinks on the bank and leaving them to rot in the sun.....oh wait....these rules aren't for everybody.

« Last Edit: October 23, 2017, 10:19:56 PM by Robert_G »
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CohoJake

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I hope that this doesn't mean commercial fishers can just view tickets as a "cost of doing business" - the dis-incenetives have to be high enough to be a deterrent.  If it increases the number of violations issued, it may work.
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halcyonguitars

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There should probably be a separate fine schedule for commercial enterprises.

Having said that, what difference would these fines make if the CO's are never out where the perps are at?
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wildmanyeah

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There should probably be a separate fine schedule for commercial enterprises.

Having said that, what difference would these fines make if the CO's are never out where the perps are at?

If Cases Like Blairs did not go to court then they would not need officers for days at end sitting in a court room.

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skaha

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--If one reads the statements... BC is already one of the Provinces where fines can be issued. I don't see any more boots on the ground here because of this great manpower saving. If the Feds predict any manpower savings they will just lay off those they deem to be surplus to their needs.
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bigblockfox

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I hope that this doesn't mean commercial fishers can just view tickets as a "cost of doing business" - the dis-incenetives have to be high enough to be a deterrent.  If it increases the number of violations issued, it may work.

i was thinking the exact same thing.
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wildmanyeah

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Well send them your comments, all valid

If you don’t agree with tickets then send them that maybe they can get rid of the.

If you don’t like snagging maybe that should be a ticketable offence.

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skaha

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--when the preamble for consultation only lists benefits of the change...one tends to believe the decision has been made and the consultation is only to meet required procedures. That said I always encourage people to express their opinions and get them on record...for the inevitable...I told you so
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wildmanyeah

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What’s the fine currently for retaining a steelhead?
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