A north Vancouver Island fisherman has been fined $15,000 for harvesting and selling halibut and lingcod without a licence.
In his written reasons, provincial court Judge Alexander Wolf said Douglas Alan Kostering must pay $5,000 for fishing without a licence and another $5,000 for selling fish obtained without a licence. A further $5,000 was imposed to ensure he did not profit from the offence.
Wolf said Kostering has a significant history of non-compliance, including minor fines and several warnings. He said the penalty should deter him from reoffending and send a clear message to other fishers that breaching fishery regulations carries consequences and no financial benefit.
“Part of the reason for publishing these reasons is that the public and fishers alike should know that when a person decides to fish in Canada’s oceans, there is a heightened moral responsibility and legal obligation to learn the laws around their fishing activities,” the reasons read. “They must also do all that is reasonably possible to ensure that they are abiding by those regulations. In other words, whether a person is fishing recreationally or as part of a commercial venture, there are many laws and regulations that must be learned and followed.”
The Crown sought a $60,000 fine, but Wolf agreed with the defence that some deterrence had already occurred. Kostering absorbed the cost of his fishing trip without revenue and had his catch seized. The defence also said he has faced stigma, significant legal expenses and is working with his community on a restorative path.
Wolf noted Kostering was already pursuing restorative justice options and said he considered imposing a probation order requiring community service. Though he declined to make that order, he encouraged Kostering to use his experience to help others avoid similar conflicts.
“I am not going to order that he create workshops or work with Indigenous youth. However, I would encourage him to use his expertise to make sure we are all doing everything we can to enhance the chances that fisheries regulations are understood and adhered to,” Wolf wrote.
Kostering received the sentence on Nov. 6 and has three years to pay the fines.
