(a) All sport fishing charter operators, which includes sport fishing lodges, except the two indicated in part (b) below, supplied the requested catch information to Department of Fisheries and Oceans, DFO, either directly or through the Sports Fish Institute.
(b) There were two sport fish charter operations which did not provide the requested information to DFO either directly or through the Sports Fish Institute. They were: Mr. George Ardley, owner/operator of River Lodge, Rivers Inlet, B.C.; Oak Bay Marina Ltd. which operates various sport fishing enterprises including the King Salmon Lodge and the M.V. Marabell in the Rivers Inlet area, B.C.
(c) Both sport fishing charter operations indicated above were subsequently charged.
(d) The charges filed against Oak Bay Marina Ltd. were stayed. These charges were for failure to provide DFO with information requested by a fishery officer pursuant to section 61(4) of the Fisheries Act, thereby committing an offence contrary to section 78(a) of the Fisheries Act.
The Department of Justice stayed the proceedings on the grounds that evidence had come to the attention of the crown counsel handling the case, after the charges were laid and before the trial, that provided the company with a clear defence of officially induced error to the charges.
Specifically, DFO had arranged that fishing lodges could provide catch records to the Sport Fishing Institute of British Columbia. This arrangement was made to allow lodges to provide the information to DFO if they preferred not to do so directly.
However, due to an administrative oversight in Oak Bay Marina Ltd., two of their lodges were not informed of the arrangement and they consequently refused to provide the data to fishery officers. Furthermore, local fishery officers had not been informed by DFO management about the arrangements which had been put in place. In crown counsel's opinion the confusion provided a defence of officially induced error.
After weighing all factors, Department of Justice officials in Vancouver determined that it would not be appropriate to take up needless court time in the circumstances. The circumstances were discussed with Department of Fisheries and Oceans officials who agreed with the course of action.
(e) Yes, on unrelated issues.