Second Island fishing guide nets fines

[Sushihunter]

http://www.newswire.ca/en/releases/archive/March2009/17/c9657.html

Second Island fishing guide nets fines

DUNCAN, B.C., March 17 /CNW/ - A long time Victoria charter fishing guide
pled guilty on February 3, 2009 in Duncan Provincial Court to two charges of illegal fishing under the British Columbia Sport Fishing Regulations.

Trevor Mark Zboyovsky is the second area guide to plead guilty to illegal fishing practices in the same vicinity following a highly successful cooperative undercover operation by Victoria fishery officers and the Special Investigations Unit, also with Fisheries and Oceans Canada.

Mr. Zboyovsky was charged and convicted of using unauthorized fishing gear for salmon as well as unauthorized fishing gear for halibut on August 25, 2008, at Swiftsure Bank, near Port Renfrew, B.C. Judge Ernie Quantz ordered two fines of $1,000 for each count, and also that Mr. Zboyovsky repay to the Revenue Section of Fisheries and Oceans Canada the $1,000 he received from the
undercover operatives as charter fees. In his findings Judge Quantz commented on the need to conserve the fishery and the effects that the activities of some guides were having. He also noted that Mr. Zboyovsky was warned on three previous occasions and had a prior conviction for fishing with prohibited gear, and that he was lucky he was not going to jail. Judge Quantz also advised Mr. Zboyovsky that, should he appear in Court again on similar offences, he would be incarcerated.

Swiftsure Bank, where deep offshore underwater canyons join the continental shelf, is located approximately 10 nautical miles southwest of Vancouver Island at the western entrance to Juan de Fuca Strait. Ocean depth rises on the bank to within 40 metres of the surface, while up-currents along the canyons bring nutrient-rich waters to the surface. These are a significant food source for primary producers (plankton), which in turn feed the many species of fish which reside in and migrate through Swiftsure Bank, including herring, halibut, rockfish, lingcod and salmon.

In 1992, in an effort to reduce fishing pressure and to conserve this productive area, DFO implemented a total closure to recreational and commercial fishing on the southwestern portion of Swiftsure Bank. This provides sanctuaries and supports the growth and continued success of stocks that are under fishing pressure. The area continues to be closed.

DFO acts to end illegal fishing activity. As part of this work, the Department asks the general public for information on activities of this nature or any contravention of the Fisheries Act and Regulations. Anyone with information can call the toll-free violation reporting line at 1-800-465-4336.



For further information: Leri Davies, Strategic Media Relations Advisor, Fisheries and Oceans Canada, Pacific Region, (604) 666-8675


Jim's Fishing Charters
www.JimsFishing.com
http://ca.youtube.com/user/Sushihunter250

 

[The Fish Assassin]

AHAHA I think I used to work with this guy if he's the same Trevor!
I guess you better think twice about who you take out on a charter.. it may just be DFO!

Take only what you need.

 

[Sushihunter]

What really sucks is that he had to pay DFO back his charter fee of a $1,000.

While I agree with the fines - something about paying back his charter fee just doesn't sit right with me. Any other guides care to comment on this one?

I would be interested in hearing more details as to the nature of the offences.

quote:- convicted of using unauthorized fishing gear for salmon

Let me guess - Barbed hooks? [?]

quote:- unauthorized fishing gear for halibut

WTF? How about a explanation of what type of gear?

Now if only DFO would make as much effort to going after American boats coming across the line from Neah Bay to guide in Canadian waters.

Jim's Fishing Charters
www.JimsFishing.com
http://ca.youtube.com/user/Sushihunter250

 

[richmake]

It is total BS,
I'm not supporting the guide or what happened but this just goes to show you how bad enforcement is.
Can you imagine how many fines would be handed out if they just stood at the top of a boat ramp each day in a busy area and ask to inspect each vessel...
better yet....how about stand together with a DFO guy, Police officer, Coast guard guy and a Transport canada dude all at one time...Cover all the aspects in one shot and then move on the next day to another random boat ramp.
Spend the whole summer like this and maybe you'd see some results....
Safety, enforcement, conservation all covered in one shot...
Who em I kidding...it will never happen...

www.coastwidesportsfishing.com

 

[Last Chance]

I think there would be grounds for a civil action against DFO to recoup the cost of the charter. They hired a boat for a charter, they got a charter.

Furthermore, those that know the full details of what happened really think that DFO was grasping at straws to try and nail some guides in particular, he's not the only guy that had this happen to them.

Last Chance Fishing Adventures

www.lastchancefishingadventures.com
www.swiftsurebank.com

 

[Sushihunter]

quote: I think there would be grounds for a civil action against DFO to recoup the cost of the charter. They hired a boat for a charter, they got a charter.

I tend to agree. That is pretty much my feelings on this one.

OK, now DFO is getting charters at NO COST IF THEY CAN GET A CONVICTION. How hard are they trying to get convictions now just to get their money back??? Is the possibility of entrapment much greater now because DFO can't afford to lose $1000 charter fee for "enforcement"?

If DFO is going to pay $1000 to go out on a charter to get a conviction, then that $1K should just be a cost of doing business - just like me spending $300 on fuel, $1500/year on moorage, $25 on bait, and ghawd knows what on rods, reels, and tackle is a cost of me doing business.

And let's not forget, if DFO books a day trip, thats one day that a real PAYING customer can't book.

[?] Another question - Was this guide targeted because of past warnings, or is DFO now doing random charters with guides in the hopes that they will catch them doing something?

Do I now have to get my clients to sign a waiver stating that they do not work for DFO before I take them out fishing?



Jim's Fishing Charters
www.JimsFishing.com
http://ca.youtube.com/user/Sushihunter250

 

[Last Chance]

quote:Originally posted by holmes

LC...so services rendered?....that means he gets to keep his grand?...sounds good to me as long as he does some community service to educate ppl on the pitfalls to making a "mistake" when being a guide or charter service...holmes*

With a guide, you are paying him for his boat and time, I think that when someone hires him to go out, they should pay for the day. The particular offense they got him with was very vauge at best, I'm not going into details on a public forum, but it was a hell of a lot less them trolling 2 miles in the Swiftsure boundry.

For example, if you are in a taxi cab, and he runs a stop sign, you still got a ride home and have to pay him for it. Those advertisers had to pay for their Superbowl adds when Latoya had the shirt malfunction. I'm no lawyer, but I think it falls under part performance somewhere.

Last Chance Fishing Adventures

www.lastchancefishingadventures.com
www.swiftsurebank.com

 

[Sushihunter]

quote:Originally posted by holmes

ive thrown out my line in the river and after afew retrieves all of a sudden i notice holy crap i didnt pinch that barb...im sure its not the case here but it does happen..holmes*

Reminds me of a trip I had a few years back.

I had just gotten off-shore (about a 35 mile trip from the dock). It was first light and we had a good jump on the day. I grabbed the rods and set the downriggers. First line in the water. Didn't get a chance to put the second line in and bang. Fish on!

One of the guests grabs the line, fights the fish and we get in the net. I dump the fish on the deck, a nice hatchery Coho about 10 pounds or so. I go to grab the fish by the back of the head so I can remove the hooks and get him in the box when he spins around and drives the trailing single hook from the Anchovy teaser head right into a middle finger on my left hand.

You don't know pain until you've had a fresh 10 pound Coho dancing around on a 4" leader attached by a hook to your finger! [xx(] [xx(] [xx(]

One of the guests grabbed a knife and cut the leader and dispatched the fish to the box leaving me with a hook well embedded in my finger. All the years I've been fishing, this is the first time I've had a hook more than just stick me with the point. This one was well and truly buried in my finger.

Now I've got 4 guys who just spent the best part of a $1K and we are about 15 minutes into fishing. Going home is NOT an option. I either had to remove the hook, or wrap it up and live with it until getting home in about 9 hours.

I tried the usual tricks to pull it out. Fishing line and a quick jerk, pliers, push it through, etc. It wouldn't come out. After a while, I had one of the guests hold my hand tight to the deck while I pulled at it with the needlenose pliers. It felt like it was imbedded in a tendon or something!

After playing with it for about 15 minutes, I finally got it out.

I my hurry to get fishing, I HAD FORGOTTEN TO PINCH THE BARB! [:0] [:0] [:0]

Needless to say, I'm very good at checking for barbs before putting a line out now! And it didn't take a $1000 fine from DFO to teach me that lesson.


Jim's Fishing Charters
www.JimsFishing.com
http://ca.youtube.com/user/Sushihunter250

 

[bananas]

Thanks for the support boys glad it's finaly out. there were all kinds of good rumors from me losing my truck and boat to 12000$ in fines one thing i've learned is how the truth gets twisted.

So here it goes they showed up on my boat i took them fishing using all barbless hooks tied up a new leader put it out and caught a fish on it instantly when netted it i realised i forgot to pinch the barbs off i took the hook out said crap i forgot to pinch the barb and did so rite away.In there report they said thati made no attempt to pinch that hook LIARS. That was the firt fine of 1000$

Second was as the Jackle said 2 grubs on 1 set up i was not intending to catch 2 fish but they figured i was so thats another 1000$ fine

Then of course they wanted there charter money back which i argued but it didn't get me any where.
So there it is.

In the report theses guys new everything about me,that i was getting married ,where i go hunting even ripped me apart because i go sturgeon fishing when all the salmon die on the Fraser.

My argument with not paying the charter money back was those guys had a great time i had pictures of them highfiveing shaking my hand after landing there fish,they also left with there limit of halli and springs wich are still in dfo's freezer for evidence all freezer burnt by now BUT THATS NOT A WASTE.

 

[richmake]

I think that the above story is a complete joke...
Entrapment!!!!!!!

www.coastwidesportsfishing.com

 

[hali hunter]

seems like an invasion of privacy if they know that much about him.

 

[Sushihunter]

quote:Originally posted by bananas

Thanks for the support boys glad it's finaly out.

<Snip>

Bananas: Thanks for posting your side of the story. In reading the press release that I posted to start this thread, it seemed like there was a big part of the story missing.

A couple of questions, if I may:

- Did you have a lawyer in court, or did you represent yourself?
- What method of proof did they offer in court? Photos, video, their good word?
- Are you thinking of appealing the judgement?
- You say you have photos of these guys - care to publish?
- At what time did they announce they were DFO and were going to charge you?
- What was there cover story as to who they were?

It seems to me that DFO spent a lot of money to pursue a couple of chickensh!t charges. No wonder they wanted their money back - might have to explain it to their manager or to the taxpayers.



Jim's Fishing Charters
www.JimsFishing.com
http://ca.youtube.com/user/Sushihunter250

 

[bananas]

No i didn't have a lawyer my lawyer would have been more than the fines but saying that it would have been better to have one,it was the first time i've ever been to court for anything thought the judge might listen to what i had to say i was wrong.I had to keep my cool when the judge threatend jail time for those charges.I mean there are people out there cutting other peoples heads off on busses and not going to jail.

They had pics 79 in total out of 79 1 was pic of the barbed hook and 1 was a pic of 2 grubs 4inches apart the rest were pics of my plotter my radios apparently i was being sneaky because i have 2 vhf's,and the rest were of every inch of my boat.

no not going to appeal it just going to move on and they won't get much help from me in the future.

There cover story was they were from 100ml house,i had a feeling the entire trip that thats who they were.

They never said anything they came to my house on Dec 22nd with the charges . i heard before hand that they were going to hand a christmas present to me very chicken****.

I guess they were hoping for alot more but they had to grasp for anything just to get there money back,i wonder how many times they were on my boat and i did nothing wrong and couldn't get there money back.

I think the waver you were talking about is a great idea.
Also would like to see there fishing licenses probably using them with their undercover names how legal is that.

How about the waist of fish if it were me and you that wouldn't fly.

 

[Dogbreath]

quote:In his findings Judge Quantz commented on the need to conserve the fishery and the effects that the activities of some guides were having. He also noted that Mr. Zboyovsky was warned on three previous occasions and had a prior conviction for fishing with prohibited gear, and that he was lucky he was not going to jail. Judge Quantz also advised Mr. Zboyovsky that, should he appear in Court again on similar offences, he would be incarcerated.

Bearing in mind the bolded text Bananas is Guilty as Charged</u> and got off light.

People p*ss and moan about lawbreaking but as soon as it's someone they actually know who gets busted it's 'entrapment' or 'unfair'.

DFO wouldn't be targeting, or as Jim says entrapping, someone unless they had info (such as one of his charters complaining to DFO) that this same individual guide was breaking the law, note the info entered in Court about his 3 Warnings and previous conviction.

Does anyone think they drew Banana's name out of a hat that day?

And Yes once they have you on charge they throw the book at you things such as using gear that's designed to catch more than one fish at once is something a person has to be careful of and guides doubly careful.

If the case was so shaky then Bananas should have hired a lawyer the idea that he couldn't afford one and so just pleaded guilty to lay the matter to rest is thin, so thin as to be transparent.

30+ years ago I got thrown in jail overnight for something and I couldn't believe how every person in the place was innocent!</u>





~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

 

[bananas]

Hey dogbreath i pleaded guilty because i was. The pics are there i never said i was innocent.They went with alot more guides who's names will also appear very soon not just me .i guaruntee none of my guests have ever complained and they weren't just out for me.If you read the artical they did an extensive undercover op.

 

[Sushihunter]

quote:Originally posted by bananas



I think the waver you were talking about is a great idea.
Also would like to see there fishing licenses probably using them with their undercover names how legal is that.

How about the waist of fish if it were me and you that wouldn't fly.

I had two of my guests get tagged for $100 "voluntary fines" last year for not marking down a Chinook on their license. I had told them at the time that they needed to write it down, and a few moments later saw the pen out on the table and assumed that they had done so when they hadn't. We got boarded a few minutes later and they handed their licenses to the fish cop. That was when I found out they hadn't recorded the 2 fish.

I now have a way to deal with that. I collect their licenses before we leave the dock. I record the fish. And I hand them back to them at the end of the trip. It also lets me record their names and addresses for my records. It also helps me put names to faces - something I have problems with. [xx(]

Just in case it makes you feel better, back in '92 or '93 I was just outside Horseshoe Bay when I saw a group of "gentlemen from the east" fishing for Rockfish. one guy had what looked like a frame from an unbrella on the end of his line. Each stick in the frame had a hook on it! About a dozen in total. I phoned DFO to report it. The response - "We're really not interested in enforcing that."

Well perhaps we can get a list of what they WILL enforce so we know which laws we can break and which ones they get their panties in a knot over!

We all want enforcement, but it has to be reasonable. We see them let the commercials get away with incredible destruction of the fishery, yet they target us for barbed hooks and rigs that will "catch more than one fish".

BTW, here is the argument I would have used:

I would have your "two fish rig" on one line. and then show the judge 8 single rig lines and ask him which is more likely to result in catching more than one fish. Then point out that 8 single lines is perfectly legal to fish with.

For what it is worth - I think that $100 fines would have been plenty for what you were charged with, $1000 for each count, PLUS the loss of your charter payment is excessive to the max. Had you gone over limit or some other bunch of transgressions, then fine, throw the book at you, but I don't see that here based on what I have seen in this thread.

Jim's Fishing Charters
www.JimsFishing.com
http://ca.youtube.com/user/Sushihunter250

 

[searun]

Sorry to hear about your situation Trev. I guess it is a good reminder to us all to pinch our barbs when we tie up gear in the winter and stop relying on memory to pinch them on the water. I'm willing to bet money that everyone on this forum has made that unintentional mistake. I'm not trying to justify what happened and the charges, as Trev has said he plead guilty. The main point for everyone should be to take some steps to eliminate the risk of forgetting to pinch those barbs....and anyone who figures they can ignore the regulation needs to understand the risk isn't worth it.

 

[tubber]

I get the fine for the barb. But the way I read the other part, those that use a big hootchie threaded on the leader and a grub or chunk of octopus on the trailing hook for halis or a little piece of herring strip on the trailing hook of a salmon hootchie now are fishing illegally according to these DFO bozos because they might be able to catch 2 at once.
Are the stocks further protected; is the enforcement and sentencing of this case a deterent to others; and is the public image of the enforcement agency moved to a more positive light? If the answer to any or all of these questions is no, then the case was a waste of time and money that could have been used in a 100 different and better ways.