DUNCAN - Fisheries and Oceans Canada announced today that a Vancouver man has received significant fines and a conditional sentence for illegally purchasing and selling clams between July 2001 and March 2002, in contravention of the Fisheries Act. 

Following an extensive investigation by fishery officers, Hai Phuoc Nguyen recently received an 18-month conditional sentence, fined $10,000 and ordered to pay an additional $50,000 for the purpose of promoting the proper management and monitoring of clam fisheries. Mr. Nguyen is prohibited from buying, selling, bartering, trading, harvesting, transporting or possessing any bivalve molluscs, and is prohibited from assisting, either directly or indirectly, any person or a limited company from doing so, for a period of five years. All items seized during the investigation - including a vehicle - were ordered forfeited. 

This recent conviction stems from an investigation into complaints of a large-scale illegal harvest and sale of clams occurring in the Ladysmith area in early 2002.  On March 21, 2002, fishery officers were able to conduct surveillance operations observing the illegal purchase of clams, then a subsequent sale of those clams to a fish processing facility.  Mr. Nguyen had placed tags on the clams, falsely indicating that they had been lawfully harvested from a legitimate source. 

Mr. Nguyen was convicted of a similar offence in 1998 when officers followed illegally harvested clams from Vancouver Island to Calgary, Alberta. At that time Mr. Nguyen was fined $4,500. 

Portions of the B.C. coast are closed to harvesting due to sewage contamination or Paralytic Shellfish Poisoning (PSP or "red tide"). Harvesting bivalve shellfish from closed areas is not only a violation of the Fisheries Act but is also a potential health risk. Contaminated shellfish can cause serious illness or death, and cooking does not destroy the PSP toxin. Crab and shrimp are not affected by these kinds of toxins.  Fish and shellfish that are being sold to the public are required to go through health and safety inspections. 

Fisheries and Oceans Canada is extremely concerned with unauthorized activity and asks for assistance from the general public for information on activities of this nature or any contravention of the Fisheries Act and Regulations. Anyone with information can call the toll-free violation reporting line at 1-800-465-4336.

Contact:

Tom Pawloski
Field Supervisor
Fisheries and Oceans Canada, Pacific Region
(250) 754-0235