Malcolm halibut appeal

[Cuba Libre]

The commercials and now First Nations are appealing the judgement that said it was OK for the Minister of Fisheries to reallocate an extra 3% of the halibut TAC to recreational fishers. Stay tuned for round 2.....

 

[Aces]

Yeah, it's not over.

 

[fish4all]

The commercials and now First Nations are appealing the judgement that said it was OK for the Minister of Fisheries to reallocate an extra 3% of the halibut TAC to recreational fishers. Stay tuned for round 2.....

never heard anything about the natives joining in. care to elaborate?

 

[Cuba Libre]

Get your friends to send you the Notice of appeal, and look at the Reasons for Appeal-- its there

 

[SerengetiGuide]

So does this essentially mean for 2014 we will not be able to get any additional % due to this court process?

 

[Derby]

Time will tell... more money will be required... ........ I see the newest members of the flipper skipper club has now joined in on the appeal......

 

[Sculpin]

Is the big slipper leading this.... I assume he is.

You mean we have to stop shopping at Save On Food's?

 

[GLG]

Time will tell... more money will be required... ........

Count me in, again... I'll contact CL with a cheque.
GLG

 

[fish4all]

the list of supporters for the Malcolm case was published and jimmy contributed jack. This court case was funded primarily from independent fisherman.

 

[ziggy]

Supporters of record, funneling money, or are they actually using their own money? I guess I'm just cynical.

 

[searun]

I can't find anything on-line confirming but heard the Malcolm appeal case was dismissed, therefore an absolute win for the recreational sector!!

Special thanks to the SFI and BCWF for having the vision and financial backing to take this forward. If true, this is a landmark case and large step in the right direction for the recreational sector.

 

[Hookin'up]

I can't find anything on-line confirming but heard the Malcolm appeal case was dismissed, therefore an absolute win for the recreational sector!!

Special thanks to the SFI and BCWF for having the vision and financial backing to take this forward. If true, this is a landmark case and large step in the right direction for the recreational sector.

heres a C&P from a BCWF email I recieved tonight

Judges in the Federal Court of Appeal delivered a very positive verdict yesterday for the “Malcolm Case”, effectively dismissing the appeal, with court costs awarded to both respondents.

Three judges unanimously affirmed the ability of the Federal Fisheries Minister to set quota levels, which means that the 3% increase granted to recreational halibut fisheries by Minister Ashfield in 2012 will stand. While it is possible that the case could be appealed to the Supreme Court of Canada, that seems unlikely at this time due to the detailed and authoritative nature of the written verdict.

The B.C. Wildlife Federation (BCWF) and the Sport Fishing Institute (SFI) acted as Respondents in the case, together with the Minister of Fisheries and Oceans, as represented by the Attorney General of Canada.

BCWF would like to thank everyone who donated funds in support of upholding the rights of recreational anglers through this case - your support is much appreciated and went a long way towards paying the significant associated legal bills.

Special thanks to the hardworking members of the BCWF Tidal Waters Fisheries Committee and the Sport Fishing Institute of B.C. who spent many hours involved in this important case (in no particular order): Owen Bird of SFI, Martin Paish,Gerry Kristianson, Ted Brookman, Ken Franzen, Paul Rickard, Wayne Harling and Ed George.

Thanks also to the 2013 BCWF Board of Directors and Executive for their continued support, and to lawyer Chris Harvey, who did an exceptional job assembling the case.

Stay tuned for next week's Member Update, which will include a joint statement on the Malcolm Case from BCWF and the Sport Fishing Institute of B.C.

 

[Derby]

May 22, 2014 - SFI, BCWF Laud halibut Allocation Court Ruling





May 22, 2014
________________________________________
Media Release
Sport Fishing Institute of BC/BC Wildlife Federation
May 22, 2014

For immediate release

SFI, BCWF Laud Halibut Allocation Court Ruling

Vancouver—The Sport Fishing Institute of BC (SFI) and the BC Wildlife Federation (BCWF) today lauded the recent decision by the Court of Appeal to uphold the BC Supreme Court’s decision on recreational halibut allocation. In its decision, the Court of Appeal unanimously affirmed the ability of the Federal Fisheries Minister to set halibut quota levels, and upheld former Fisheries Minister Ashfield’s 2012 decision to increase recreational halibut fisheries by three per cent.

“By effectively dismissing the appeal and awarding costs to the respondents, the court sent a strong message that commercial halibut quota holders do not “own” halibut”, said BCWF President, George Wilson, “This is clearly a victory for the over 100,000 recreational anglers who go halibut fishing in BC every year.”

“This decision confirms that pacific halibut and all our fisheries resources belong to the public and not just the lucky few”, added SFI President Robert Alcock. “It means that sport fishers can look forward to predictable, sustainable public fishing opportunities every year.”

The B.C. Wildlife Federation (BCWF) and the Sport Fishing Institute (SFI) acted as Respondents in the case, together with the Minister of Fisheries and Oceans, as represented by the Attorney General of Canada.

This case demonstrates how recreational anglers and the sport fishing industry can work together to address key issues of fisheries access and allocation. The SFI and the BCWF would like to thank everyone who donated funds in support of upholding the rights of recreational anglers through this case - their support went a long way towards paying our significant legal bills.

For more information please contact:

Owen Bird, Executive Director, Sport Fishing Institute of BC
604-805-6554
birdo@sportfishing.bc.ca

Al Martin, Director of Strategic Initiatives, BC Wildlife Federation
250-480-9694
alan_martin@shaw.ca

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[searun]

Sure glad to see this wasn't just a rumor. I've never been a fan of playing with fire by going to trial on this issue, but have to eat a little humble pie after seeing the very positive result for our sector. This was without doubt a very expensive undertaking, I hope folks step up with their memberships and donations to these 2 leading edge organizations!