Some Of Us Finally Got Our Wish

[DonAndersen]

 

This came my way late yesterday.

 

Don

 

 

 

 

News Release

 

 

February 11, 2009

Bill 11 will provide more sentencing options to better protect Alberta's fisheries

 

Edmonton... Albertans will continue to see excellent fishing opportunities thanks to legislative amendments introduced in the Alberta Legislature that add several new sentencing options to deter actions that damage the province’s fisheries.

 

Bill 11, the Fisheries (Alberta) Amendment Act, 2009, was introduced by Whitecourt-Ste. Anne MLA George VanderBurg.

 

“The proposed legislative amendments respond to public expectations for tougher penalties for fisheries violations,” said Sustainable Resource Development Minister Ted Morton. “The amendments will better equip the courts to protect our fish resources by including penalties that hold offenders responsible for returning a damaged fishery back to a healthy state.”

 

Bill 11 will give the provincial courts a wider variety of sentencing options (creative sentencing) to penalize those who contravene the Act. The Act currently limits the courts’ ability to impose penalties other than fines and short licence suspensions. The new sentencing options include:

 

* assessing a fishery’s restoration costs to convicted persons;

* issuing orders to stop new offences;

* suspending or cancelling licences;

* assessing additional monetary payments to support fisheries management and habitat enhancement programs; and

* ordering fisheries restoration actions.

 

“With theses changes, Albertans will continue to benefit from the effort and investments made in our fisheries resources by government, fisheries groups, industry and the public,” said George VanderBurg, MLA, Whitecourt-Ste. Anne.

 

-30-

 

Media inquiries may be directed to:

 

Dave Ealey

Communications

Alberta Sustainable Resource Development

780-427-8636

[Suntoucher]

It's about time, good to hear!

 

Thanks for posting

[dekkard2019]

Baitchuckers beware...good news...

 

[bowbonehead]

Hopefully this will encourage stiffer penalties rather than the slap on the wrist that tends to occur now!

[troutlover]

Niiiiice!

[headscan]

Tougher penalties are meaningless without adequate enforcement resources. Hopefully "assessing additional monetary payments to support fisheries management and habitat enhancement programs" will mean funding more COs.

[Brownstone]

I voted for capital punishment but this is a start..thanks for the post Don

[Flytyer]

Tougher penalties are meaningless without adequate enforcement resources. Hopefully "assessing additional monetary payments to support fisheries management and habitat enhancement programs" will mean funding more COs.

 

 

This is all fine but is useless the judges handing out the penalties are serious enough to go to the full extent of there powers, just look at the street criminals that get arrested and are out within hours of their arrest. In these cases more police or CO's doesn't do much.

[DonAndersen]

Some more on Bill 11:

 

Don

 

 

 

 

 

 

 

Bill 11, Fisheries (Alberta) Amendment Act, 2009

 

What is the purpose of the amendments?

The Act currently limits the courts’ ability to impose penalties other than fines and short licence suspensions. The public expects tougher penalties for violations that damage a fishery, and that offenders are held responsible for returning a fishery they have damaged back to a healthy state. The amendments will:

· provide stronger protection for our fish resources and more effective deterrents against lawbreaking; and

· ensure that Albertans continue to benefit from the effort and investments made in our fisheries resources by government, fisheries groups, industry and the public.

What are the proposed amendments?

The proposed amendments will give the provincial courts a wider variety of sentencing options (creative sentencing) to penalize those who contravene the Act. Creative sentencing options will include:

· assessing a fishery’s restoration costs to convicted persons;

· issuing orders to stop new offences;

· suspending or cancelling licences;

· assessing additional monetary payments to support fisheries management and habitat enhancement programs; and

· ordering fisheries restoration actions.

 

Is creative sentencing used to enforce any other acts?

Yes. For many years, the courts have been successfully using creative sentencing under the Wildlife Act and the Environmental Protection and Enhancement Act to deal with serious offenders. For example, through creative sentencing, offenders have been ordered to report their subsequent hunting activities or make payments to the Minister’s programs for wildlife conservation. The amendments to the Fisheries (Alberta) Act will follow existing creative sentencing models.

What would be an example of creative sentencing under the Act?

Ongoing court proceedings involve numerous serious Fisheries (Alberta) Act violations resulting from a successful undercover operation in the Lac La Biche and Athabasca areas. There have been 10 accused persons convicted as a result of this investigation, who have been fined a total of $140,000. If creative sentencing were available, a portion of that amount could be assessed in the form of an order for payment to support fisheries management programs. In addition, orders could be issued to the convicted persons requiring that they report future fishing activities.

What is the rationale behind assessing a fishery’s restoration costs to convicted persons?

Fines from convictions, which are directed to the General Revenue Fund, are not adequate to cover the cost of restoring lost fisheries, and all of the cost is currently being borne by the government and fishery stakeholder groups. Estimates to restore trout fisheries affected by the illegal stocking of perch have ranged from $100,000 to $500,000 depending on the size and complexity of the water body. Creative sentencing would introduce an option to order an offender to pay the full cost to re-create the stocked fishery as it was prior to the illegal fish introduction.

February 18, 2009