Fishing leader pays for illegal catch STEVE SHARRATT The Guardian
Kenny Drake sailed into his home port last May 25 knowing full well that Fisheries officers were checking landings for illegal lobsters.
What he didn’t know was his hired man was still having trouble with the measuring gauge and was about to turn a good day into bad misfortune.
Having fisheries officers checking for illegal catches was an activity supported by the president of the P.E.I. Fisherman’s Association who served on numerous industry conservation boards and had been fishing for more than 30 years.
He pulled up to the wharf and chatted with those around the dock while officers searched through his catch. But when they discovered females laden with eggs and undersized canners, Drake’s heart went to his throat.
Friends and neighbours had been helping out the past week or two while he searched for someone to hire as a cork. The season had been disrupted when his son suddenly quit the boat. He found a hired man only a few days before the incident and knew he was having difficulty conducting proper measurements. But the veteran fishermen couldn’t believe his eyes when officers found illegal lobsters in his catch.
That’s what provincial court Judge Nancy Orr was told here Thursday when Kenneth Bloyce Drake appeared before her facing two charges of violating the Fisheries Act.
Drake said he was the captain of the boat, he was responsible for the incident, and pled guilty.
But while the facts were cut and dry, defense lawyer John Maynard insisted that a highly regarded fisherman like Drake - an advocate for conservation who serves his industry in countless ways – wouldn’t have sailed into Red Head harbour that day with an illegal catch.
“He was fully aware that fisheries officers were conducting checks and this is a fisherman who has been a boat captain for 32 years and never a charge laid against him,’’ Maynard said. “If Mr. Drake knew he was landing undersized lobster he could have stayed out until officers had left.”
But he didn’t and 19 berried females and 21 undersize canners were extracted from his catch valued at about $2,000 that day.
Judge Orr was told by the crown that Drake was very co-operative and very remorseful about the discovery and all illegal lobsters were released back to the water. However the crown also insisted that Drake was in a “position of trust” since he was the president of the Fisherman’s Association.
“Mr. Drake was aghast about the situation when the lobsters were discovered,’’ said Maynard. “Frankly he was embarrassed, but it would be unfortunate if people like Mr. Drake who so serve the industry were made an example of.”
Court was told of Drake’s countless contributions to industry panels and advisory councils and two emails from scientists at the Atlantic Vet College trumpeted his dedication.
“I know you have to consider the offense, but I ask that you consider the offender,’’ said Maynard.
Judge Orr did and instead of issuing a seven day fishing suspension next season – as recommended by the Crown – she implemented a one day suspension and fined Drake $250 per female lobster and $50 per undersized for a total of $5,800.
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souris fisherman from souris, pei writes: kenny drake just resign and quit blaming the hired man if you come into a harbour and you read the marker buoys and go a ground is the the hiredmans fault. You are the captain and as a fellow captain we all had new man . very few of us (captains) in the last 25 yrs were caught with that many berried lobsters . and for god sake kenny do the honorable thing and resign. judge nancy orr is all over the place with fines in the fisherie the crown asked for a week why didnt drake of week . hopefully the PEIFA LOOK FOR THE CROWN TO APPEAL NANCY ORRS SENTENCE
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equalityseeking from Charlottetown, PE writes: I would think and hope that ALL Captains would consistently take the time and effort to train and prepare their corks about howing to use the measure and look for berried lobsters as a critical and essential part of their role - even as a 10 year old fishing with my father that was stressed and acted upon consistently - It is too bad that many fishermen opposed the professionalization and education efforts for those in the fishing industry a few years ago which would help prevent such unfortunate incidents as well as help re health and safety and other issues as well - how much safety training also took place as fishing is a dangerous occupation - I understand how much Mr. Drake contributed to the industry but this also shows how much more diligenty leaders must provide the best example which includes training and oversight for their workers as well (but also know that in a seasonal economy that there might be a higher turnover make sthat more difficult)
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bttwa from pei writes: Dont blame the cork,it is your vessle and it's up to you to keep track of things,
this is 2 charges against 2 presidents of the PEIFA in 2 years.
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NORTHSIDER from pei writes: Is STeve SHarrat related to Mr.Drake..Poor Mr.Drake..if you knew your cork was new and having trouble with the gauge maybe you should have been keeping a closer eye on him?? My niece is 6 and knows that the ones with the black bellies go back ...I can see 1 or 2 in a catch but really 19...Mr Drake got off easy-hope the fisherman in your port take care of business and make an example of you since the courts didn't semm to!
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Some story from PEI writes: So, implies his lawyer, he would have sailed into some other harbour where knew the Fisheries Officers were not present. This fisherman will be complaining next year that there are no lobsters to catch and will want another bauil out. Should be a comment from the hired man who didn't know what he was doing????
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thats a real from tear jerker, not believeable writes: Sorry, just not believeable. At all.
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Diana from Maine writes: Seems to be that we all get into bad situations every once in awhile--to have a cork go bad is something that Drake did not plan...
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Nothing's Shocking from PE writes: Shame on the Island justice system. This was clearly an accident and Kenny Drake took full responsibility for what happened and the court sees fit to fine this man $5,800?!?
The so-called justice system on PEI is nothing but a joke. Serial offenders get a slap on the wrist and told not to do it again, yet Mr. Drake, who has the integrity to take responsibility for what happened, gets the book thrown at him.
Maybe Mr. Drake should drive his car through the front of the courthouse too. The person responsible for that got a lot less.
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G.I Joe from PE writes: excuses, excuses...Each and every a fisherman gets caught always have them...
It is time to make an example of this and start taking gears away from the greedy before they ruin it (even more than it is already) for everyone else.
Time for math:
1 female carries 800,000 eggs
19 x 800,000 = 15,200,000 eggs
There are (approximately) 2 survivals out of 50,000 eggs
15,200,000/50,000 = 304
304 x 2 = 608 lobster he killed (approximately)
at a rate of $50 per undersized:
608 x 50 = $30,400
Rightfully he should have been charged an additional $30,400
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D from PE writes: Yeah right....blame it on the help. Fishing for 32 years you would think hed know...just another way lobster fisherman deal with the price. Guess he figured that with his track record hed get away with it...
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Clean Up Your Act from Brampton, PE writes: To Steve Sharratt. The expression is Cut and Dried .
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lou lou annie from pei writes: Yes, he was charged, which we all understand, but at least he does not have the shame of being of of the ones that make a lifestyle of this stuff. He obviously has integrity and should be treated as such. Yes , the charge and the fine should be there, as he was the one owning the boat etc, but i think he can still hold his head high regardless. He knows what he did , or did not do in his heart..and that is all that should matter when its all said and done. Pay the fine, take the suspension, but realize that you are still a good man and obviously if you ever have a new man again, you will be sure to check everything he does. Sad lesson but it could have been much worse. Your name is not dirtied, its just something that happened. As for the helper, we all screw up, this was just your turn.......
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LOL LMAO from charlottetown, pei writes: Can you spell GREED!
It all boils down to GREED!!
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Shane from p.e writes: Perhaps Mr.Drake a big fat donation to a food bank or charity is in order.
If things are how you say they are then no doubt you had illegal lobsters on board in the days leading up to the search of your catch as well.
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spud from pei writes: so after 32 years fishing lobster he finely got caught.
how much did he take a shore with out getting caught in 31 years?
nothing like putting the fox in charge of the hen house.
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PEIfishermans PEI from Bristol, PEI writes: His hired man (his son) quit on him because he took a hissy fit... Mr. Drake should not blame the new hired hand for this mistake, he has to make sure, as a captain of 30 years plus, that his crew know what they're doing, or they just can't be doing it!!
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fisher from pei writes: Spin...spin...spin. If Mr. Drake spent as much time teaching his helper how to do his job as he has spinning this story to blame his son and his hired hand, then he wouldn't be in this position, now would he.
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