After a two-year investigation, conservation officers have laid charges against two Nova Scotia businesses—Independent Fisheries and 3329874 Nova Scotia Ltd.—for illegally buying lobster within the province. The allegations were announced in a press release from the Department of Natural Resources, indicating that the investigation remains ongoing and additional charges may arise in the future.
The businesses, both based in Shelburne County, face multiple charges related to the illegal buying, selling, or processing of fish and fish products that were not lawfully caught, raised, or harvested. Independent Fisheries is also accused of purchasing fish from individuals without valid commercial fishing licenses. Meanwhile, 3329874 Nova Scotia Ltd. shares similar allegations and also faces charges for processing and marketing fish products in Nova Scotia without the necessary licenses.
The legal proceedings concerning these allegations have not yet been resolved in court, and both businesses are expected to appear in court on November 12. Minister of Fisheries and Aquaculture Kent Smith expressed that the laying of these charges highlights the vital work conducted by the conservation officer service in protecting Nova Scotia’s fisheries and ensuring compliance among businesses.
A concerning statistic noted in the press release is that up to 30 percent of annual lobster landings in Atlantic Canada go unreported, which could result in a loss of approximately $400 million in taxable income for the province. This statistic underscores the significance of the enforcement actions being taken.
In a related development, Independent Fisheries is already involved in a separate $10 million lawsuit tied to allegations of illegal lobster fishing. The lawsuit was filed by the Unified Fisheries Conservation Alliance, representing thousands of independent commercial fishers across the Maritimes. The alliance claims that it launched an investigation revealing a conspiracy to transport, process, and sell illegally caught lobsters, which allegedly undermined the lobster stocks in St. Mary’s Bay, thus impacting the livelihood of local fishers.
Xiaoming (Mark) Mao, the president of Independent Fisheries, has publicly argued that the lawsuit's claims lack clarity and is challenging the plaintiffs to provide specific details regarding the alleged facts. He contends that the vague nature of the alliance's allegations is hampering their ability to mount an effective defense, as they seek to compel the alliance to disclose the identities of the affected lobster harvesters and other relevant details pertaining to the alleged conspiracy.
In January, a judge dismissed Mao’s request for more detailed disclosures, asserting that there would be opportunities for disclosure and discovery examinations as the case progresses. The judge emphasized that it would be unreasonable to expect the alliance to include material facts that are likely known only to the defendants. Consequently, Mao and Independent Fisheries are in the process of appealing this decision, arguing that the ruling was erroneous and resulted in an injustice.
Amid the unfolding legal scenarios, the charges against Independent Fisheries and 3329874 Nova Scotia Ltd. mark a significant enforcement effort aimed at curbing illegal fishing practices that could jeopardize the province's fisheries industries.
