FV EYELANDER (a vessel owned by US company Bright Eye Fishing Corporation) - conviction information for 2017-10-17
| Corporation name: | FV EYELANDER (a vessel owned by US company Bright Eye Fishing Corporation) |
|---|---|
| Address: | 240 Causeway |
| City: | Lawrence, NY |
| Postal code: | A1A 2B2 |
| Country: | United States |
| Sector or industry: | 114 - Fishing, hunting and trapping |
| Location of offense: | At or near the cove of Green Island in Witless Bay Sea Bird Ecological reserve, NL, Witless Bay, Newfoundland and Labrador |
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| Case summary: |
Eyelander is a commercial fishing vessel registered in the United States and owned by The Bright Eye Fishing Corporation, (Delaware Corporation), located in Lawrence, New York, USA.
On August 25, 2017, at approximately 14:30, Environment and Climate Change Canada (ECCC) Game Officers in Newfoundland and Labrador (NL) were notified by the Canadian Wildlife Service (CWS) incident notification that the fishing vessel “Eyelander” ran aground on Green Island. This area is part of the provincial Witless Bay Ecological Reserve in NL, which is provincially protected under the Wilderness and Ecological Reserves Act. Subsequent reports indicated there was “a sheen” on the water in the area and “seabird fledgings (flightless murre chicks) have been observed in the sheens”. Seventeen (17) dead birds were recovered by the Canada Coast Guard (CCG) Response and the Canadian Wildlife Service (CWS).
The captain of the ship informed in his interview that the vessel was under the control of a crew member who was to wake him at 04:00 as they approached Witless Bay and believed to arrive at port at 04:30. Between the hours of 02:30 and 02:45, during a period of fog and low sea state, the captain was awakened when the vessel went aground at Green Island. A mayday call went out by the Captain at 02:50 which was later relayed to a nearby oil rig who responded by sending a vessel to rescue the Eyelander’s five (5) crew members.
At approximately 07:00, the captain, was transported back to the grounded Eyelander at Green Island by a local boat operator to recover the vessel. The captain went aboard the Eyelander and observed the “fuel pipe” had broken in the engine room and he proceeded to shut off the bilge pump and fuel tanks. The Eyelander was pulled off the rocks with the assistance of a local vessel and then made its way to the public wharf in Witless Bay on its own power.
The Captain informed the CCG Environmental Response staff that when he returned to the grounded vessel, he heard the bilge alarm (high water alarm) and started the bilge pump for maybe 5-10 minutes with an amount of 10-15 gallons of oil was lost. The CCG Response team then travelled by boat to the grounding site at Green Island where they reported finding a substance of “… a rainbow sheen covering the area and patches of thicker pink-brown brown slick. There was an odor of diesel fuel and visible signs of diesel contamination on the water.” As they attempted to contain the pollutant substance with absorbent pads and booms, several of the CCG Response team observed and recovered several deceased birds (identified as murre chicks).
During the day the CWS Wildlife Technician provided the National Environmental Emergencies Centre (NEEC) with updated information on the situation who in turn distributed emails to the various ECCC divisions. At 17:00 ECCC Officers received notification that seabirds were observed in the sheen and dead birds were recovered. A search of the area by the CCG Environmental Response team the following day revealed that the oil sheen had dissipated and was no longer visible and no other dead birds were reported or observed.
On September 1, 2017, at approximately 20:00 at the Witless Bay dock, four (4) ECCC officers executed a search by way of a telewarrant on the Eyelander vessel and collected hydrocarbon (fuel) samples from the fuel tanks for further analysis.
On September 6, 2017, the fuel samples and four (4) of the collected deceased birds were shipped for expert analysis to the Atlantic laboratory for Environmental Testing in Moncton, NB.
On September 19, 2017, a research scientist from Canadian Wildlife Service provided a report on the “Effects of diesel and other light oils on birds" to ECCC Game Officers. Information contained in the report confirmed that diesel is harmful to birds. |
| Charges: |
Count 1
did on or about the 25th day of August 2017 at or near Green Island, off of Witless Bay, province of Newfoundland and Labrador, did deposit a substance that is harmful to migratory birds, or permit such a substance to be deposited, in an area frequented by migratory birds or in a place from which the substance may enter such an area, contrary to section 5.1(1) of the Migratory Birds Convention Act, R.S.C. 1994, c. 22, thereby committing an offence contrary to subsection 13.(1)(a) of the Migratory Birds Convention Act, S.C. 1994, c. 22
Count 2
did on or about the 25th day of August 2017 at or near Green Island, off of Witless Bay, province of Newfoundland and Labrador did deposit a substance or permit a substance to be deposited in any place if the substance, in combination with one or more substances, results in a substance -- in an area frequented by migratory birds or in a place from which it may enter such an area -- that is harmful to migratory birds, contrary to section 5.1(2) of the Migratory Birds Convention Act, R. S.C. 1994, c. 22, thereby committing an offence contrary to subsection 13.(1)(a) of the Migratory Birds Convention Act, S.C. 1994, c. 22 |
| Enforcement notification: | U.S. company sentenced to pay $35,000 for offence under the Migratory Birds Convention Act, 1994 |
| Result: | Guilty Plea |
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| Date of conviction: | 2017-10-17 |
| Court level: | Provincial and Territorial Court |
| Nature of offense(s): |
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| Additional details about the nature of the offense: |
Count 1
S. 13(1)(a) Migratory Bird Convention Act, 1994 (5.1(1)) - CONVICTED
Count 2
S. 13(1)(a) Migratory Bird Convention Act, 1994 5.1(2)) - WITHDRAWN |
| Act | Regulations | Section(s) |
|---|---|---|
| Migratory Birds Convention Act, 1994 | 5.1(1), 5.1(2), 13(1)(a) |
| Date of sentencing: |
2017-10-17 |
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| Location of sentencing: | St. John's, Newfoundland and Labrador |
| Sentence(s): |
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| Amount of fine(s): | $35,000 |
| Sentencing details: |
On 17, October, 2017 before the Provincial Court of St. John's, NL, a representative for the EYELANDER appeared in court and pled guilty to section 5.1(1) of the Migratory Birds Convention Act, R.S.C. 1994, c. 22, thereby committing an offence contrary to subsection 13.(1)(a) of the Migratory Birds Convention Act, S.C. 1994, c. 22. The EYELANDER was sentenced to pay a fine of $35,000 due on October 17, 2017.
A plea agreement was entered before trial, on October 6, 2017. A guilty plea by the EYELANDER was accepted on count #1, and count #2 was withdrawn. All charges against co-accused (The Bright Eye Fishing Corp and the captain) were withdrawn. |