Port Hardy Fisherman Fined $15,000 for Unlicensed Fishing

A fisherman in Port Hardy, British Columbia, has been fined $15,000 for fishing and selling fish without a valid licence. Douglas Kostering, who pled guilty to the charges, was penalized for catching halibut and lingcod without the required permits. The Crown sought fines amounting to $60,000, while Kostering’s defence aimed for a conditional discharge that could have included community service.

Judge Alexander Wolf, presiding over the case, ultimately decided on a fine structure of $5,000 for fishing without a licence, another $5,000 for selling the unlicensed catch, and an additional $5,000 related to wages that would have been earned during the activity. Kostering has been granted three years to settle these fines.

The infractions took place in April 2023, when Kostering stated that he had applied for his fishing licence before heading out into the waters near Port Hardy. Upon returning, he offloaded the fish as part of his usual process. The Crown reported that Kostering had caught a total of 1,886 pounds of halibut without proper authorization.

Kostering’s defence argued that he did not exceed the amount of fish he believed he was permitted to catch and maintained that there was no intent to evade monitoring. In his sentencing remarks, Judge Wolf noted, “For the past 25 years, every year, Mr. Kostering would obtain a licence and quota and was advised when he could go fishing.”

The case also highlighted Kostering’s previous encounters with fishing regulations. The Crown pointed out that he had been fined in the past, including a $300 ticket in 1999 for a non-functioning revival tank and a $2,035 fine in 2006 for various infractions. Furthermore, he had received multiple warnings throughout his fishing career.

In arguing for the larger fines, the Crown emphasized that the penalty should serve as a deterrent, not merely a cost of doing business. However, the defence countered that Kostering had already faced consequences, having his catch confiscated and incurring significant legal expenses. They also noted his commitment to working within the community as part of a restorative approach.

Judge Wolf acknowledged that some degree of specific deterrence had already occurred but stressed the importance of general deterrence and denunciation in the sentencing process. In addition to the financial penalties, he encouraged Kostering to engage in community initiatives, suggesting he conduct workshops for young people to educate them about legal fishing practices and compliance with regulations.

“I would encourage him to use his expertise to ensure that fisheries regulations are understood and adhered to,” Wolf stated. He also recommended that Kostering maintain a record of his volunteer hours, which could serve as a model for future restorative justice efforts involving other individuals facing similar charges in the fishery sector.

This case underscores the ongoing need for compliance with fishing regulations to preserve marine resources and support sustainable fishing practices.