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Tip: Your message to SUST-MAR must be html-free. So, BEFORE you hit SEND, please go to your "Format" pull-down menu and select "Plain text." Thanks! ____________________________________________________________________________ Dear Sustmarians, The Federal Court has made a decision on our dragging case. Judge Heneghan decided against us, but largely on 'procedural' grounds: 1) the variation order which opened Georges Bank (and the decision we challenged) does not cause habitat destruction in and of itself; and 2) section 35 of the Fisheries Act (the habitat protection provision) doesn't apply to fishing. It is also probably a situation where in the absence of clarity the court is going to side with the government--the Federal Court established to interpret federal legislation is usually conservative in its judgements. There is more information in the press release below. You can also read the entire decision on the Federal Court website at www.fct-cf.gc.ca. The Judge said that the decision about what to do about dragging rests with the Minister. On that point we are in agreement. Contact information for Geoff Regan is geoff@geoffregan.com/902-426-2217 Thanks to sust-marians who contributed to this court effort in one way or another. We assure you that our determination to encourage sustainable fishing practices in Nova Scotia is stronger than ever. DFO, fishery managers in particular, need to hear from all Canadians with an interest in oceans, not just from those in the fishing industry. Your letters, calls, emails do make a difference. That's why we have the Gully and the two closed coral areas. But we need the government to address a bigger issue: what is DFO's position on dragging and how are they going to minimize the impacts and promote sustainable methods of fishing. It is heartbreaking to see handliners going out of business in the Bay of Fundy, while new groundfish draggers are being launched. Let'em know what you think. Mark Butler and the Marine Issues Committee Ecology Action Centre ------------------------------------------------------------------------ ---- MEDIA RELEASE Thursday 19, 2004 JUDGE'S DECISION ON DRAGGING: FISHERIES MINISTER NOT COURTS, MUST PROTECT FISH HABITAT Last week, a federal court judge released her decision in a case launched by the Ecology Action Centre (EAC) to protect fish habitat from destruction caused by dragging (see www.fct-cf.gc.ca). The judge upheld arguments put forward by the Department of Fisheries and Oceans (DFO) that the Department acted within its powers when it permitted dragging to occur on Georges Bank, off the southwest coast of Nova Scotia. "We at the EAC and our great legal team from Sierra Legal Defence Fund are deeply disappointed," says Mark Butler of EAC. "We began this case in 2001 because we wanted a sustainable fishery, and nothing that DFO presented in this three-year process has provided evidence that dragging isn't destructive to fish habitat and to the productivity of the fisheries. The Minister's silence speaks volume about the government's total lack of integrity and leadership on this matter." The Judge based her decision on matters relating to the powers of the Minister of Fisheries and Oceans and the lack of a direct link between an order allowing the opening of Georges Bank to fishing and the resulting damage to fish habitat from dragging. She also dealt with the issue of whether Section 35 of the federal Fisheries Act applies to fishing. However, she made no ruling on the question the groups specifically wanted address: is DFO facilitating the destruction of fish habitat in contravention of the Fisheries Act by allowing dragging? "Of course we want to win in court," says Butler, "But most importantly we want to win on the water, where fish stocks are being depleted and corals and sponges and all fish habitat is being destroyed each day by draggers. Clearly, the Court has laid the task of stopping this destruction at the feet of the Fisheries Minister, Geoff Regan. We anxiously await his response." The EAC and Sierra Legal are currently considering options for the future of the case and the impact of the Court's decision that the Fisheries Act does not protect fish habitat from destructive fishing gear. The full decision is available on the Federal Court's website at the following address: http://decisions.fct-cf.gc.ca/fct/2004/2004fc1087.shtml - 30 - For more information, please contact: Mark Butler, Ecology Action Centre (902) 429-2202, www.ecologyaction.ca Rob Wright, Staff Lawyer, SLDF, (416) 368-7533 Ext. 31, www.sierralegal.org Mitch Anderson, Staff Scientist, SLDF, (604) 685-5618, Ext. 288 ____________________________________________________________________________ Did a friend forward this to you? Join sust-mar yourself! Just send 'subscribe sust-mar' to mailto:majordomo@chebucto.ca
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