Monday, May 26, 2008

SCUBA is not a crime!

It's been far too long since our last post, but as you can imagine, graduation festivities and bar preparation has left us each with almost no time! However, I had to post this as soon as I saw it. According to the story:

"A Tofino man was recently sentenced in Port Alberni provincial court to 60 days in jail for unlawfully possessing scuba diving equipment contrary to a prohibition order. Gilgamesh Derick Palm also received an additional two year snorkeling and scuba diving prohibition, after pleading guilty to contravening an Order of Prohibition made under Section 79.6 of the Fisheries Act.
Convicted for the second time for possessing northern abalone in 2001, Palm was handed an eight year Order of Prohibition, which prohibited him from engaging in snorkeling or scuba diving activities. However, fishery officers determined in March 2008 that he was in contravention of the order, as he was in possession of scuba diving equipment. Because of conservation concerns, abalone fisheries have been closed in BC since December 1990. Northern abalone was declared a threatened species under the Species at Risk Act in 1999. Killing, harming, harassing, capturing or taking abalone is prohibited under SARA, which aims to prevent endangered and threatened wildlife from becoming extinct or lost from the wild, and to help in the recovery of these species. The Department of Fisheries and Oceans said in a press release that one of the largest threats to northern abalone survival is the continued unauthorized harvest, and surveys of northern abalone, including areas accessible only to remote communities, show no sign of recovery."

Sounds like he needs a good lawyer! Too bad we're still studying for the bar. Who knew a person could be on SCUBA probation??

Hugs and fishes,
Jenny Mo

2 comments:

Psycho Solo Diver said...

Actually, if he was caught with abalone that he harvested on SCUBA previously, the SCUBA ban is quite common.

South of San Francisco, no Abalone are allowed to be harassed or harvested, North of San Francisco you can only free dive.

Anything else is a big bust - "taking a creature close to extinction."

It's sort of like banning lobster poachers for two years of hunting, or banning felons from having guns.

By the way, can any of you lawyers defend me for a seat belt violation? Is a law like that ever constitutional?

BusyGirl said...

Way agree with the SCUBA Probation violation. Abs harvesting is reduced for everyone because of people taking more than their fair share. Read up on ab propagation and you'll see what I mean.