Fisherman fined for undersize lobster

GEORGETOWN - A P.E.I. fisherman who was using the wrong gauges to measure his catch was recently fined $2,600 and had his licence suspended for three days after he was caught with lobsters that were too small.

Bernard M. MacPhee appeared before Chief Judge Nancy Orr in provincial court in Georgetown where he pleaded guilty to having undersized lobsters.

Crown attorney Matthew Bradley told the court that on May 30 fisheries officers were at the North Lake wharf doing compliance inspections when they found several undersized lobsters in a tray of canners.

They learned MacPhee was using two gauges that were 72 millimetres, which was the wrong size.

Since the 2018 season the minimum carapace size has been 73 millimetres.

Bradley told the court MacPhee was very upset and remorseful, saying he didn’t know how he could miss something so important.

After searching MacPhee’s catch the fisheries officers found 26 undersize lobsters, which they returned to the water.

MacPhee had no prior record for fisheries infractions.

Before hearing his sentence, MacPhee told the court he changed boats and found the gauges while he was cleaning out the old one.

He liked the gauges and had planned to have them machined to the proper size, MacPhee said.

MacPhee also told the court he wasn’t interested in cheating the system.

Orr told MacPhee he looked at the gauges every day and it would be hard to miss the size.

MacPhee apologized.

“I’m sorry but I did,” he said.

Orr told MacPhee it was his responsibility to make sure he was using the right gauges.

With the fine, MacPhee was also given the option of buying back the last two suspension days by paying $17,064.86.

Bradley said that option is sometimes offered because a suspension is somewhat of a penalty for the workers on the boat.

MacPhee opted for the full suspension, which will be in effect at the start of the 2020 season.