B.C. fisherman fined $160,000 in Boundary Bay crabbing case

A Surrey Provincial Court judge has fined a fisherman $160,000 after he pleaded guilty to four counts of crabbing offences under the federal Fisheries Act.

Judge Kimberly Arthur-Leung accepted Hoan Trung Do’s pleas prior to sentencing June 27.

“Mr. Do is not new to this business and very well knew his actions were not acceptable,” the judge said.

He pleaded guilty to:

• fishing with more than 150 traps near Delta between July 15 and Nov. 30, 2018;
• failing to comply with conditions of a licence by fishing with that number of traps;
• and two counts of fishing outside Canadian waters.

Arthur-Leung said the offences were serious.

“Not only have his actions diminished the crab stock in the area commonly referred to as Boundary Bay, but his actions jeopardize the joint cooperation between the Canadian and United States government in terms of jurisdiction, and joint preservation, and maintenance of crab stocks,” the judge said.

The Crown told Arthur-Leung that Do was master of the Bounty Hunter, which was crabbing in Boundary Bay.

The judge said Do’s log records were not accurate.

And, she said, the industry is heavily regulated but extremely weak in terms of Department of Fisheries and Oceans enforcement on the water.

“It largely relies on the honour system and upon other fishing persons to self-monitor,’ Arthur-Leung said. “Weak enforcement and a lack of enforcement officers should not be capitalized upon by any fisher.”

The judge gave Do three years to pay the fines.

In her decision, Arthur-Leung noted a precedential 2000 B.C. Supreme Court decision involving Do.

“Similar to the matter before me, Mr. Do as a deck hand, another deck hand and the master of the vessel were crab fishing in the same geographical area and Mr. Do, in his capacity as a deck hand, was fined $3,000.00 by the court.”

The judge said that decision was appealed but the appeal was rejected.