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Release Date: February 6, 2007
Offence Date: January 2005 to April 2005
Item: Selling fish to other than FFMC, decayed fish in nets, fail to issue fish trade record
Description: Winnipeg Natural Resource Officers located two grocery stores in Winnipeg that were selling fresh walleye (pickerel) fillets to their customers. Both store managers were interviewed and both stated that a Commercial Fisherman by the name of Arni Matheson had sold them the fish on January 21st, 2005. Arni Matheson does not have a Special Dealers Licence that allows him to sell fish to anyone other than the corporation (Freshwater Fish Marketing Corporation (FFMC)). The only exception to this rule is that a commercial fisher can legally sell fish to a final consumer. The Commercial fisher is then required to issue a "Commercial Fisherman's Trade Record' (CFTR) for any fish he sells. The food stores were not final consumers. One store bought 20 lbs. of walleye for resale. The other bought 97 lbs. of walleye for resale. Written statements were taken from both managers. Any fish that is transported to, other than the FFMC, must be accompanied by a Fish Transportation Loadslip(FTL). FTL books are signed out at the Manitoba Conservation office in Gimli. Used FTL's must be returned to Manitoba Conservation offices within 7 days after each month of use. All books must be returned at commercial fish season end, which was March 31st, 2005. The accused was issued FTL's books on January 10th, 2003 and July 8th, 2004. As of May 18th, 2005, the accused had not returned any of these FTL books. On March 31st, 2005 Natural Resource Officers were conducting a Commercial Fish Compliance patrol of the Fisher Bay/Jackhead area on Lake Winnipeg. Treaty gill nets set under the ice were located East of Little Tamarack Island. The 9 net gang of Treaty gill nets were marked with Treaty number #2073 and name of the accused, 'Arni Matheson'. The gang of nets was marked with wooden stakes. The fish in the nets were sound and not decaying at that time. The nets had not been lifted for approx. 3-4 days due to minimal activity around the ice basin holes. The nets were monitored over the next 9 days to ensure that these legal nets were removed before the ice deteriorated. On April 8th, 2005 the officers checked the nets. The accused had not returned to remove the nets. The fish were checked and revealed that some were decaying. The nets were all removed and seized. The accused has commercially fished north of this area in the winter of 2002 and 2003. The accused was charged with 6 counts under the Fisheries Act. He pled guilty to 4 of 6 charges under plea agreement in November 2006, and was fined $ 3,000.00. The accused was convicted for two counts of Selling fish to other than FFMC; one count for Decayed fish in nets; and one count for Fail to issue Fish Trade record. Seized nets were forfeited.
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