DUNCAN, BC, Aug. 14 /CNW/ - As a result of an investigation carried out by Fisheries and Oceans Canada (DFO), a Sidney, B.C. resident has been fined $3,500 for two counts of contravening the Fisheries Act. Mr. Xi Chang Gao 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.

$3,000 of the fine was applied for disturbing marine mammals; the remaining $500 was for the crab fishing licence violation. On August 25, 2007, 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., where the Southern resident killer whale population is listed as endangered under the Species at Risk Act.

After interviewing several witnesses and reviewing a video of the incident, a fishery officer charged Mr. Gao, owner of the Vien Duong. The video indicated that the Vien Duong 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. Further, upon review of the vessel's logbook, it was determined that in August 2007, Mr. Gao failed to maintain an up-to-date logbook, contrary to the conditions of his commercial crab fishing licence.