Court Case - undersized prawns DFO update - 10 April 2002 by J Morrison I refer to the recent court case in Powell River regarding retention and sale of undersized prawns. The prosecution of this case was assisted by industry representatives who spoke of the importance of size limits in the fishery, industry recommendations and support for increased size limits in the past 5 years. There is a rumour that the Pacific Prawn Fishermen's Association will receive a portion of the fines determined by the judge. This is not true. A portion of the fines have been awarded under Section 79.2(f) of the Fisheries Act which states that the court may make an order "directing the person to pay Her Majesty an amount of money the court considers appropriate for the purpose of promoting the proper management and control of fisheries or fish habitat or the conservation and protection of fish or fish habitat." This is a section of the Act which we began to use in Habitat cases about 10 years ago, to make a portion of the fines available for habitat reconstruction works rather than having it all go to General Revenue, Ottawa. In the last 5 years, we have made recommendations to judges in fisheries related prosecutions, in favour of making a portion of the fines available to promote management or stock assessment initiatives that are not already funded by the Department. For example, this type of award has been used in successful prosecutions in the past 2 years related to crab, shrimp trawl and abalone infractions. In the usual fashion, the portion of the fine that the judge has identified for this purpose, will be directed to a special purpose account in the Department's headquarters, Finance section. DFO will consult with the Prawn Sectoral Committee for ideas on the manner in which such funds may be used. The Department will make a decision on which projects or programs shall be funded. In most cases, the Department can directly implement such programs. However, if it is necessary, suitable or appropriate, the Department may request assistance from the Association in implementing such projects or programs. Let it be clear that the representatives of the elected prawn caucus and of the Association did not participate in the legal proceedings on the basis of any expectation of gain or special access to any fines that may be forthcoming. They were requested to attend by the Crown prosecutor and the Fishery Officer who had responsibility for this case. They were unaware of the possible ways and means of use of a portion of the fine, and only became aware of that possibility after the request had been made. Further be advised that all elected representatives will have equal opportunity to provide recommendations and advice on the manner in which such funds may be used, in this case and in future. Thank you, Jim Morrison Fisheries and Oceans Canada (250) 756-7233   fax (250) 756-7162 morrisonj@pac.dfo-mpo.gc.ca