Man fined $70K for excavation work that killed salmon eggs on B.C.'s Sunshine Coast

A man has been fined $70,000 for excavation work he ordered on the Sunshine Coast in November 2021 that led to the death of dozens of salmon eggs.

A judge imposed the fine on George Winkler in Sechelt provincial court last month, and the sentencing decision was posted online this week.

The penalty stems from Winkler's actions on a property in Roberts Creek, B.C., where he has a one-eighth ownership interest.

In May 2020, Fisheries and Oceans Canada received a report of a backhoe being used on the property, specifically in Stephens Creek, which flows through it, according to the decision.

A fisheries officer spoke to Winkler, providing him with a 168-page document called "Standards and Best Practices for Instream Works." The decision indicates this document was intended to "guide Mr. Winkler when undertaking any future work," and that Winkler agreed to cease the work he had been doing.

During the atmospheric rivers that caused catastrophic flooding in some parts of B.C. in November 2021, Winkler once again brought in heavy equipment to do work in the creek.

This time, according to the decision, the DFO received a report that there was an excavator in Stephens Creek.

"An investigation was conducted," the decision reads. "It was determined that the excavator was taking sediment from the creek, or material from the creek, and placing it on the bank to create what has been described as a berm. Essentially, it was to heighten the banks of the creek to prevent flooding."

This work led to the death of at least 80 chum salmon eggs, which the decision estimates to be approximately 10 per cent of the run in Stephens Creek.

Winkler was charged with two offences under the federal Fisheries Act: "carrying on a work, undertaking or activity other than fishing that resulted in the death of fish" and "carrying on a work, undertaking, or activity other than fishing that resulted in the harmful alteration, disruption, or destruction of fish habitat."

He pleaded guilty to both counts.

While Winkler's acceptance of responsibility through early guilty pleas was a significant consideration in the case, the judge found the DFO's prior attendance at his property to be a significant aggravating factor.

"Mr. Winkler chose to carry on the work after being specifically told by a fisheries officer that the work he was doing was illegal," the decision reads.

"Mr. Winkler had agreed to not do the work. Mr. Winkler was provided with an extensive document outlining how to do the work and he chose to ignore it."

The judge concluded that a $50,000 fine for each offence would be appropriate, but settled on $35,000 per offence because both Crown and defence counsels recommended that amount.

He must pay his fine on the first count by July 2, 2025 and on the second by July 2, 2026, according to the decision. The $70,000 total will be added to the federal Environmental Damages Fund.