Quinte Fishing

Don't if many read the Fishing Newswire or have access to the Kingston Whig-Standard. Here's the latest on the Legal situation with the Hay Bay Pig Farm.

This clipped from the Fishing Newswire, thanks to Mark Lamb.

NEW: Justice of the peace delays sentencing in pollution case
Mark Lamb -- Thu, Aug/1/02

By Arthur Milnes

It won’t be until the fall before a justice of the peace pronounces sentence on a controversial Napanee-area pig farm and two of it’s owner- operators. Hay Bay Genetics, manager Mark Davis and company president Ron Davis were found guilty earlier this year of three counts under federal fisheries regulations of releasing effluent into Hay Bay and one count of failing to stop the release when ordered. The convictions came after an eight-day trial in the Ontario Court of Justice in 2000.

An investigation was launched after a private citizen complained about the pig operation during the summer of 1998. Court heard that samples from an outflow at the farm, which could be seen entering Hay Bay, showed that the substance – suspected to come from the manure produced at the farm – were dangerous to rainbow trout.

The defence had argued there was no evidence the deposits entered the bay. Yesterday, justice of the peace Lorraine Watson put over sentencing after hearing presentations from federal prosecutor Dave Crowe and Hay Bay Genetics lawyer Gabrielle Kramer. Attempts to come to an agreement on a joint-sentencing submission for Watson failed, court heard yesterday. “Pollution is a crime and should be considered and dealt with as a crime,” Crowe said yesterday. He told Watson she should fine the men $5,000 each and levy the same against the company. In addition, he said they should be ordered to pay a total of $50,000 to $60,000, as allowed in government regulations, to the Cataraqui Regional Conservation Authority for the Wilton Creek area. The maximum fine is $300,000 per count, per person, court heard.

He described Hay Bay Genetics as a major operation. “The gross revenues from the business range from $3.5 million gross per year to $5 million gross per year,” he said. Crowe said Hay Bay Genetics didn’t fix the problem until threatened with charges. The company insisted on fighting the charges with a trial. Defence lawyer Kramer took issue with Crowe’s suggestion that Hay Bay Genetics is a major operation. “The Hay Bay farm is not by any means a large factory farm,” she said, adding there are fewer than 3,000 pigs there. Kramer said her clients have a multimillion-dollar loan, aren’t making a lot of money and are community supporters who believe in environmental protection and sustainable farming. She said there is no chance of the company re-offending and said her clients have spent hundreds of thousands of dollars ensuring their operation meets and exceeds environmental standards.

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David Delcloo aka Superdad
(Retired)

Kingston

I have been following this and have had the opportunity to tour the facility. I believe that any guilt verdict rendered should have at least a portion of any fine reinvested into the local area for the related fishery and envireonment.

That said, I have been impressed with how this place was kept and the actions observed from them both within the community and in their business operation. I have heard and seen parts of different sides and am now of the belief that thses people operate with a high degree of trust that is well deserved. I wish that more farming operations were as proactive as these folks seem to be.

I also believe that this initiative by MNR may very well have focused itself on finding guilt.

Tight Lines and I hope you folks are having a nice summer.
Don Stokes

Many companies offer a free consultation and research of your case. You can contact a Florida exemption attorney. I contacted them with my problem regarding my FCPA practice. Somehow I checked out their knowledge and approach because I had been in the field for several years, and they turned out to be pretty good. I liked the team, the professional demeanor, and always having a strategic plan ready. They handle mostly federal crimes, and I'm sure you'll find answers for your case.

That's a 20 year old post, a lot has happened since then.

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David Delcloo aka Superdad
(Retired)

Kingston

One thing jumps out:

Who knew there were Rainbow Trout in Wilton Creek. Are these migratory trout (Steelhead from Lake O) that enter the creek in spring on their spawning run ? I can't imagine it having resident trout...too warm. ..but maybe I'm wrong.

CrowMan, the rainbow trout referred to are used in laboratory tests to determine the toxicity of a substance. Commonly referred as an LC50 test - where 50% of the test subjects (rainbow trout) die from being exposed to the substance.

Thanks for explaining...I thought I may have found a new Steelhead spot...