Courtenay, B.C. - Fisheries and Oceans Canada is committed to protecting Canada's wildlife and biodiversity and safeguarding the long-term health and productivity of Canada's fisheries resources. These efforts include enforcing the Fisheries Act and Marine Mammal Regulations. On Aug. 24, 2020, B.C. harvester Allan Marsden pleaded guilty in Courtenay Provincial Court to disturbing marine mammals under section 7.1(b) of the Marine Mammal Regulations. Mr. Marsden was fined $8,000 and prohibited from possessing explosives for the next three years.
Section 7.1(b) of the Marine Mammal Regulations states that: "No person shall disturb a marine mammal except… when fishing for marine mammals under the authority of these Regulations."
In March 2019, a video surfaced on social media showing Mr. Marsden, a commercial herring harvester, tossing a modified explosive device into a group of sea lions near Hornby Island. In the video Mr. Marsden stated openly that his purpose in using the explosive device was to deter the sea lions from interfering with his fishing operations.
The video prompted a lengthy investigation by fishery officers from the Georgia Basin North Conservation and Protection detachment out of Nanaimo. Charges were subsequently laid against Mr. Marsden on Feb. 26, 2020. Mr. Marsden's court appearance was initially slated for March 26, 2020 but was delayed due to the COVID-19 pandemic.
Fisheries and Oceans Canada has a mandate to protect and conserve marine resources and to prosecute offenders under the Fisheries Act. It ensures and promotes compliance with the Act and other laws and regulations through a combination of land, air, and sea patrols, as well as education and awareness activities.
