Overview of Fishing Offences and Penalties in BC

Fishing in Canada is regulated by laws designed to protect fish species and natural resources. In British Columbia, people who fish recreationally and commercially are required to hold a valid license for their fishing activities. These licenses are often subject to conditions and restrictions based on species, quantity, times, and designated areas. Violating these conditions by fishing without proper authorization or outside permissible areas or seasons can lead to severe legal consequences.

Common Fishing Offences

Below is a list of the most common types of fishing offences:

1. License Violations

        1. fishing without a valid license;
        2. fishing in violation of license conditions;
        3. failing to carry and produce a valid license;
        4. operating a vessel without properly painted or affixed registration numbers; and
        5. fishing under the authority of a communal license without being a designated person.

        2. Quota Violations

        1. exceeding catch limits or quotas;
        2. possessing fish caught in contravention of regulations; and
        3. possessing fish whose weight or number cannot be readily determined.

        3. Fishing in Prohibited Areas or Times

        1. fishing in prohibited areas; and
        2. fishing in closed waters or during closed seasons.

        4. Gear Violations

        1. using prohibited fishing gear; and
        2. operating improperly marked gear.

        5. Illegal sales and purchases

        1. buying, selling, trading or bartering seafood caught in fishery where sales are not authorized

        6. Habitat Damage

        1. damaging fish habitat through illegal fishing practices

        Penalties for Unauthorized Fishing

        Penalties for unauthorized fishing vary based on the nature and severity of the offense. Some common penalties include:

        1. Monetary Fines. Fines can be substantial, depending on the type of catch and the extent of the violation. Fines for ticketed violations are up to $1,000, while court-imposed fines after conviction can range from $5,000 to $300,000 for a first offence and $10,000 to $600,000 for subsequent offence. Fines for serious offences range from $15,000 to $1,000,000 for a first offence, and $30,000 to $2,000,000 for subsequent offences. Post-conviction fines for serious offences by corporations are even higher, ranging from $500,000 to $6,000,000 for first offences, and $1,000,000 to $12,000,000 for subsequent offences.

              2. Suspension or cancellation of licences. Suspensions and cancellations can be temporary, for a period determined by the court, or permanent.

              3. Prohibitions. The court can prohibit individuals from engaging in fishing activities or from applying for new licenses for a specified period.

                4. Seizure. Courts can order forfeiture of fish, proceeds from the sale of fish, fishing gear and vessels or other equipment used in the commission of an offence.

                  5. Imprisonment. In serious cases, such as fishing endangered species or repeated violations, offenders can face a term of imprisonment in addition to the above penalties.4

                  Legal Services for People Accused of Fishing Violations

                  If you, your company or your organization has been impacted by fisheries charges or the effects of unauthorized fishing, we can help. To assist our clients, we:

                  • provide detailed and comprehensive legal advice to help you understand your rights, assess the charges, and prepare your defence;
                  • gather and examine evidence and documentation produced by fisheries offers and prosecutors to identify weaknesses or inaccuracies in the case
                  • help you pursue compensation for damages if violations of fisheries laws resulted in damage to your property or natural resources
                  • work to reduce the severity of penalties based on the circumstances and specifics of the offense.

                  Contact us today to receive expert advice and secure legal representation.

                  Hunting Offences and Penalties in BC

                  Hunters in British Columbia are required to hold a valid license, often subject to restrictions based on species, quantity, seasons, and designated areas. Violating these regulations by hunting without proper authorization or outside permissible areas or conditions can lead to severe legal repercussions.

                  Experienced and inexperienced hunters alike make mistakes. You may confuse a white-tailed deer for a mule deer, you may forget to get a landowner’s permission before starting a hunt, or you may mistake your location and end up hunting game outside of a wildlife management area.

                  Also, hunting offences are typically “strict liability” offences – meaning that if the evidence shows that you carried out the illegal act, you will be found guilty of that act regardless of whether you intended to do it. This means that the Crown generally has an easier job proving hunting offences than it does proving many criminal offences. Nevertheless, a conviction for a hunting infraction can result in a significant fine, a suspension of your hunting privileges, and even the seizure of personal property, such as your vehicle and rifle.

                  Common Hunting Offences

                  These are some of the most common hunting violations our clients face:

                  1. Hunting Out of Season;
                  2. Hunting Without a Licence;
                  3. Hunting in a Prohibited Area;
                  4. Hunting Threatened or Endangered Species;
                  5. Unlawful Possession of Wildlife;
                  6. Illegal Trafficking of Wildlife;
                  7. Illegal Use of Hunting Equipment;
                  8. Damaging Wildlife Habitat.

                  Penalties for Hunting Offences

                  The penalties for committing hunting offences under the Wildlife Act or Firearm Act include the following:

                  1. Warnings. These are notices of violations that do not result in a fine or charge, but that will result in a fine or charge on any subsequent occasion.
                  • Fines. For first offences, fines on violation tickets range from $345 to $1,495. For subsequent offences and more serious offences, the potential fines are much larger. If you fail to pay a fine within the time required, all licences (hunting and angling), permits and limited entry hunting authorizations issued to you under the Wildlife Act will be cancelled immediately.
                  • License suspension or cancellation. Courts may suspend or cancel hunting licenses, firearms licenses, or impose a hunting ban for a specified time.
                  • Seizure. Conservation Officers have broad powers to seize firearms, hunting gear, dead wildlife, vehicles and anything they have reasonable grounds to believe provides evidence of an offence.
                  • Convictions and imprisonment. Convictions can lead to a criminal record, which may affect future employment or travel. The severity of the punishment is typically based on the nature of the violation. In severe cases, such as hunting endangered species or repeated offenses, violators may face a term of imprisonment.

                  Legal Services for Defendants and Victims of Wildlife Offences

                  If you have been ticketed or charged with hunting offences, or if unauthorized hunting activities by others that harmed the environment, property, or wildlife in a way that has affected you, we are here to help. We handle cases involving violations of hunting and environmental laws and can assist in protecting your rights and the ecosystem.

                  We provide detailed and comprehensive legal advice to help you understand your rights and the laws that apply to your situation. We gather and examine the evidence and documents relevant to the charges against you. We identify weaknesses or inaccuracies in the case, prepare your defence, ensure a fair trial and potentially reduce the severity of any penalties you may face. In appropriate cases, we can also pursue compensation for damage to your property or natural resources caused by the violations of others.

                  With our extensive experience in environmental cases and wildlife violations, we are ready to support you through the legal process and protect your rights. Contact us today to receive expert advice and secure legal representation.