After detail investigation by Fisheries and Oceans Canada (DFO) a commercial crab harvester has been fined $3,500 for two counts of contravening the Fisheries Act. Xi Chang Gao, a Sidney, B.C. resident, was convicted on April 8, 2008 in Duncan Provincial Court, of disturbing marine mammals, contrary to section 78 of the Fisheries
Act and Regulations, and failing to comply with the conditions of his commercial crab fishing licence.
The court has slapped $3,000 of the fine was applied for disturbing marine mammals; the remaining $500 was for the crab fishing licence violation. It was on August 25, 2007, when a DFO fishery officer received a complaint that the vessel Vien Duong was observed travelling at full speed through a pod of killer whales (Orcas), in Boundary Passage near South Pender Island, B.C., which is the home of the Southern resident killer whale and which is listed as endangered under the Species at Risk Act.
After intense probe and reviewing a video of the incident fishery officer charged Gao, owner of the Vien Duong, which is appeared to collide, or very nearly collide, with a killer whale while continuing to maneuver around other members of the pod at full speed and in close proximity.