N.S. boat captain, 2 companies fined $125K for fisheries violations

A boat captain from Sambro, N.S., with a history of fishery convictions has been fined $60,000 and banned from fishing for six months for five violations that included a secret, middle-of-the-night offload of halibut.

The case involved misreporting of halibut, hake and cod catch from trips on board the fishing boat Ivy Lew between May 2019 and June 2020.

Casey Henneberry, 40, and ALS Fisheries and Law Fisheries were found guilty last October by Halifax provincial court Judge Elizabeth Buckle.

The sentence was handed down in court last month and posted this week.

"Mr. Henneberry's offending conduct is that he inaccurately logged and hailed weight of groundfish on four trips over approximately one year and on one of those trips, he illegally off-loaded $40,000 worth of halibut, intending to sell it," Buckle said in her written sentence.

On that trip, DFO officers were observing the Ivy Lew and intercepted the illegal off-load in Sambro. During the attempted arrests of those involved, Henneberry fled and was arrested later, the judge noted in sentencing.

During this period the groundfish licence was held first by Law Fisheries and then ALS Fisheries. The companies were fined $55,000 and $10,000 respectively for failing to ensure licence conditions were complied with.

ALS Fisheries owns the Ivy Lew, which has been held for the past three years by the Department of Fisheries and Oceans, likely as security on any fine.

The company has continued to pay on the $1-million mortgage on the vessel.

The Captain's story

Henneberry is a lifelong fisherman with hundreds of trips as a captain.

He does not own any fishing business, but earns $150,000 a year as a captain — money used to pay child support and for therapy and assistance for a child with developmental challenges.

Henneberry has three prior convictions for failing to observe licence conditions, including failing to hail out (or provide notification a trip is underway), possession of undersized halibut and several other instances of misreporting.

The crown wanted a fine of $140,000 and a two-year licence suspension for Henneberry.

Buckle said the fact that he is financially responsible for his family and fully engaged in his child's life is a mitigating factor.

He has five years to pay the fine.

The Sambro family connection

In her decision, Buckle said in 2019, ALS had four directors who were all related to Henneberry.

Each of its four directors have prior convictions for Fisheries Act offences. Two are also directors of Law Fisheries.

The Crown did not allege prior record for either company.

Buckle said both companies' "annual quota for groundfish is a significant share of the fleet allowance and has substantial value."

The Crown argued their corporate conduct appeared intentional and at the very least amounted to gross negligence.

It sought a fine of $30,000 for ALS and $180,000 for Law.

Buckle acknowledged the lack of diligence by the companies, which failed "to do anything to oversee their licences in circumstances where they should have been extra vigilant.

"However, I am not persuaded that they were involved in a deliberate effort to thwart the regulations, that they had intent or knowledge of the offences or were purposefully indifferent to their obligations."

She also addressed the crown submission that all the ALS directors were previously the directors of a defunct company that was convicted of fisheries offences in 2006, sentenced to pay fines of over $600,000 but discontinued operations and never paid its fines.

"I accept the Crown's submission that this is relevant to the need for specific deterrence and speaks to the effectiveness of corporate fines alone as deterrents. However, the fact that DFO holds the Ivy Lew as security makes it likely that any fine against ALS will be paid."