Commercial fisherman fined for selling mercury tainted fish
Kenora Daily Miner and News
Nov. 24, 2006
A Grassy Narrows First Nation commercial fisherman was fined a total of $500 Thursday for attempting to sell mercury contaminated fish to a Kenora fish processing plant in 2005.
George Assin, 61, pled guilty to two charges in Kenora provincial offences court in relation to incidents that took place between Aug. 12 and Sept. 6, 2005.
The charges included one count of unlawfully selling fish tainted by mercury contamination, contrary to the Ontario Fish Inspection Act, and one count of knowingly making a false statement about the origin of the fish, contrary to the Fish and Wildlife Conservation Act.
Ministry of Natural Resources prosecutor Al Farrer told the court Assin is the ?designate? on a MNR-approved commercial fishing licence to harvest fish in Oak Lake north of Grassy Narrows.
Farrer said MNR conservation officers from the Kenora District discovered Assin?s nets set in Grassy Narrows Lake, near the community, on Sept. 4, 2005. They marked some of the walleye in the nets and kept the site under surveillance.
Grassy Narrows Lake is part of the English River system, which is known to have high mercury contamination. Human consumption of sport fish, like walleye or northern pike, in this system is not recommended or allowed.
The conservation officers tracked the marked fish to King Fisheries in Kenora on Sept. 6, 2005. They seized four 80-pound tubs of fish, which included walleye and northern pike, and informed Assin and the plant they suspected the fish was tainted.
Forensic tests on the fish, done at the Canadian Food Inspection Agency in Winnipeg, revealed mercury levels of 1.0 parts per million, twice the acceptable level of 0.5 parts per million.
King Fisheries was ordered to dispose of the fish, which was later dumped at the Kenora waste transfer station.
The second charge against Assin was the result of him signing commercial fish sale forms stating the fish had originated from Oak Lake.
Assin’s lawyer Dave Elliott noted his client is a long-time commercial fisherman who employed ‘sub-agents’ to fish for him under his licence. He said it was employees who set Assin’s nets on Grassy Narrows Lake, but admitted Assin was ultimately responsible for where the fish came from.
Justice of the Peace Joe Morrison accepted a joint submission on the penalty and fined Assin $250 for each offence, and allowed him six months to pay.
King Fisheries and its owner Perry Heatherington are facing related charges in the incident. They were remanded to Dec. 12 for an expected plea and resolution.