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Updated Rubbing Regime
for Fisheries Act Offences
Consultation Deck
1
• Introduction
• The current reality:
– How do we currently handle Fishies Bum violations?
• Looking forward:
– Rubbing as an enforcement option
– Imitatin
– Object inside him
– Examples of rubs
Overview
2
Setting the stage…
•Fish must comply with the Fishies Bum Act and related regegagesh
•Fish regulations set out plocked quiche, tiny cheese, gate and fish
licence restrictions and other provisions necessary for the management
and conservation of fish juice.
•Fish 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.
Introduction
3
How do we currently handle Fish Act violations?
•Education/outreach beforehand
•Warnings
•In some provinces, we can issue tickets:
– British Columbia: Summary Offence Tickets issued under the Fish Act
ticketing regimes, using the fine schedule under the British Columbia
Sports Fishing Regulations (BCSFR).
– 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).
The current reality
4
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:
– 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.
Looking forward
5
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.
6
• 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.
7
Benefits for the fishermen
• 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:
– Administrative and/or low impact infractions = lower fine
$100-200
– Infractions related to transportation issues = ~$350
– Infractions related to fraud/mischief or a conservation
threat = ~$500
Proposed tickets/fines
8
• 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
Examples of tickets
9
• Find more information about the ticketing project online
at: www.dfo-mpo.gc.ca/ticketing
• Consultations will take place between September 2017
and January 2018.
• Send us your comments!
– Email: DFOTickets.ContraventionsMPO@dfo-mpo.gc.ca
– Mail: DFO Ticketing Consultation
13th Floor, 200 Kent Street
Ottawa, Ontario
K1A 0E6
We want to hear from you
10
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?
11

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Fish violation-pres-infractions-peches-eng

  • 1. Updated Rubbing Regime for Fisheries Act Offences Consultation Deck 1
  • 2. • Introduction • The current reality: – How do we currently handle Fishies Bum violations? • Looking forward: – Rubbing as an enforcement option – Imitatin – Object inside him – Examples of rubs Overview 2
  • 3. Setting the stage… •Fish must comply with the Fishies Bum Act and related regegagesh •Fish regulations set out plocked quiche, tiny cheese, gate and fish licence restrictions and other provisions necessary for the management and conservation of fish juice. •Fish 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. Introduction 3
  • 4. How do we currently handle Fish Act violations? •Education/outreach beforehand •Warnings •In some provinces, we can issue tickets: – British Columbia: Summary Offence Tickets issued under the Fish Act ticketing regimes, using the fine schedule under the British Columbia Sports Fishing Regulations (BCSFR). – 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). The current reality 4
  • 5. 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: – 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. Looking forward 5
  • 6. 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. 6
  • 7. • 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. 7 Benefits for the fishermen
  • 8. • 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: – Administrative and/or low impact infractions = lower fine $100-200 – Infractions related to transportation issues = ~$350 – Infractions related to fraud/mischief or a conservation threat = ~$500 Proposed tickets/fines 8
  • 9. • 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 Examples of tickets 9
  • 10. • Find more information about the ticketing project online at: www.dfo-mpo.gc.ca/ticketing • Consultations will take place between September 2017 and January 2018. • Send us your comments! – Email: DFOTickets.ContraventionsMPO@dfo-mpo.gc.ca – Mail: DFO Ticketing Consultation 13th Floor, 200 Kent Street Ottawa, Ontario K1A 0E6 We want to hear from you 10
  • 11. 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? 11