Mike on Crime

THE CANADIAN PRESS
ST. JOHN’S, N.L. — Four seal hunters are facing charges in Newfoundland for allegedly failing to properly check if the seals they shot were actually dead when they were skinned.
The charges — 17 in all — relate to hunting that took place in April 2007 in the Gulf of St. Lawrence, said Jerry Walsh, a spokesman for the federal Fisheries Department.
The sealers have yet to appear in court, and their names and hometowns weren’t released Wednesday.
The hunters are being charged under sections of the federal marine mammal regulations that deal with the type of weapons used to kill seals, and the so-called blink-reflex test.
The blink test refers to the requirement that seal hunters must push on the eyeball of each seal they either shoot or club to ensure it is dead before the animal is skinned.
Walsh said seven of the charges concern the blink test.
The other charges relate to detailed regulations that govern what type of weapons can be used to kill seals during the annual hunt.
Hunters in Newfoundland primarily use rifles while those in the Gulf of St. Lawrence use the hakapik, a type of spiked club.
A past president of the Canadian Sealing Association argues the blink test is useless because the seal’s head and eyes are often damaged by gunshots.
“If their head is blown off, there’s no way you can do it,” said Jim Winter.
“There’s a lot of concern that a lot of the regulations put in place…may not be possible to do.”
However, Walsh said investigators had considered this issue prior to laying charges.
“Each case and each instance is looked at individually and, certainly, there are instances where a seal’s head is severely damaged by the high-powered rifle and we take that into account,” he said.
“But in other cases the seal is hit in areas outside the head and that’s not an issue.”
The cases will be heard before Newfoundland and Labrador’s provincial courts in Corner Brook, Port aux Choix and Plum Point in late May and early June.
Under Section 78 of the Fisheries Act, the maximum fine for either offence is $100,000, but the penalty is at the discretion of the court.
— by Michael Tutton in Halifax