Feeding and playing 'tug-o-war' with seals leads to $10K in fines for operator of B.C. fishing charter

The operator of a fishing charter in northern B.C. has been fined $10,000 after he and his employee were caught feeding seals, playing "tug-o-war" with the animals, and encouraging customers to do the same.

Curtis Malcolm Ireland pleaded guilty to two violations of the Fisheries Act for disturbing marine mammals, according to a recently published court decision

“I accept that Ireland genuinely wanted his clients to have a once-in-a-lifetime experience. His motive for feeding and interacting with the seals was to give his clients an experience they would remember for life, leading to profit for his business as clients spread the word,” the judge said, explaining the defence provided while saying it does not excuse a failure to know and abide by regulations.

THE VIOLATIONS

The first violation occurred on July 8, 2020. Although Ireland was not on the boat at the time, he was legally responsible for the actions of his skipper, Haeden David Jeffery Swirski, the judgment explains.

On that date, Prince Rupert Port Security observed people feeding seals at Cow Bay Marina.

In total, the court heard, federal surveillance captured 50 “feeding events” and 37 instances of “contact” on that date – which included “touching the seal or engaging in ‘tug-o-war’ with the seal” as well as “dangling a fish for the animal, and splashing the seal.”

The court reviewed an hour-and-a-half long surveillance video and described what it captured after the boat – which was carrying seven passengers at the time – docked.

“Swirski cut and cleaned fish on the vessel's stern and fed offal and halibut carcasses to several seals. The video shows one to three seals in the frame adjacent to the docked ship. Swirski encourages and gives his client’s fish offal and halibut carcasses to feed and interact with the seals,” the decision says.

Just over a month later, a federal fishery officer received an email saying charter operators were feeding seals at the marina. The next day, on Aug. 12, two officers were sent to observe the situation.

Both of the boats owned by Ireland pulled into the marina on that date – one skippered by Swirski and the other by Ireland. One of the officers recorded short videos that showed Ireland “cleaning fish and entertaining his clients by feeding the seals,” the decision says, noting children were present at the time.

In total, the two men were caught on camera and observed by officers engaging in 41 “feeding events” on that date.

One of the officers went to the dock and spoke with Ireland, telling him what he was doing was illegal, the court heard

“Ireland replied that he did not realize that it was unlawful and that it is part of the experience that people pay for,” the decision says, adding that the officer then told Ireland that seals and other animals can become dangerous when they are habituated to food, citing a 2017 case where a young child was dragged into the water at Steveston Harbour.

THE IMPACT

In order to assess the impact of the violations, the court considered a statement from a marine mammal biologist with Fisheries and Oceans Canada. Wendy R. Szaniszlo spoke specifically about the risks of seals becoming food-conditioned.

“Feeding and interacting with seals has a high potential to result in habituation and food conditioning, particularly if the feeding and interactive activity is frequent. Habituation and food conditioning in seals results in an alteration of their natural behaviour, which ultimately puts their safety and the safety of the humans who come in contact with them at risk,” the statement says.

THE FINES

Judge David Patterson said that Ireland’s guilty plea and his genuine expression of remorse were mitigating factors in the case. Further, the judge accepted Ireland’s evidence that he was unaware of the laws and would have stopped feeding seals if he had been warned after the first incident.

However, Patterson also noted several aggravating factors including that the violations were repeated, that they were motivated by profit and that they showed “complete indifference to the consequences to the seals.”

The judge, by imposing a $5,000 fine for each violation, decided that the penalty proposed buy the Public Prosecution Service of Canada was fit in the circumstances and significant enough to deter Ireland from future violations.

In addition, Patterson said he thought the fines would serve to deter others from engaging in similar behaviour and promote knowledge of and compliance with the regulations.

Ireland was given until Dec. 31, 2029 to pay.