Brothers fined $1,000 each for illegally selling bottled moose meat

[Peter Emberley]

Brothers fined $1,000 each for illegally selling bottled moose meat

An advertisment on Kijiji offering bottled moose for sale has resulted in two Benoit’s Cove brothers being fined $1,000 each for trafficking in big game.

The conviction in provincial court in Corner Brook on Tuesday afternoon also means that Gary Evoy, 57, and Michael Evoy, 54, neither of whom were present in court, will be prohibited from hunting for five years.

The bottle moose meat, seized when the men were charged, was ordered forfeited to the Crown.

On Feb. 11, 2014 a fish and wildlife officer saw an advertisement offering bottled moose and rabbit on Kijiji. The sale of big game is illegal without a proper permit, so the officer made contact with the person who posted the ad.

Via an email exchange, the woman, Ashley Evoy, indicated that she had posted the ad for her uncle and provided the officer with a cellphone number for Gary Evoy.

The officer then began a text message conversation with Gary Evoy to negotiate purchase of the bottled moose. That conversation ended on Feb. 20 with an agreement that Michael Evoy would meet the purchaser the next day.

Another fish and wildlife officer then called Michael Evoy and set up a time to meet him in the Lawton’s parking lot on O’Connell Drive.

Officers in plain clothes met Michael Evoy at the agreed upon time on Feb. 21 and, following the exchange of $120 for two cases of bottled moose, he was arrested. Gary Evoy was later advised that he was also being charged.

The court later heard that the ad was posted as a way to help Michael Evoy deal with some financial issues.

He had been concerned about losing his truck and the money was to go toward payments on his loan. The truck was also seized when Michael Evoy was arrested, but will now be returned to him.

Crown attorney Adam Sparkes said the sentence would meet the objective of deterring the men and others from committing the same crime.

It was then that Judge Kymil Howe expressed concern not only with big game resource management, but with the health and safety of consumers who might buy a product that had not been properly prepared or tested.

Defence attorney Gerard Martin said neither man was aware that it was illegal to sell the moose meat.

He said he explained to them that ignorance of the law is not a defence and both acknowledged their guilt.

Howe noted that the hunting guide that comes with licences does state the rules for both the sale and gifting of big game meat.

Meanwhile, the charge of trafficking in big game that had been laid against Ashley Evoy for her role in the incident was withdrawn.

WHAT THE GUIDE SAYS

Gifts of Game

— If you wish to give game meat to friends or family, you must provide a signed note indicating the licence number, quantity of game meat, date, and the names of the people involved. The individual receiving the game meat must possess the note until the meat is used or consumed.

Possession or Sale of Big Game

— You may possess big game meat only if you hold a valid licence or if you have been freely given the meat by a valid licence holder. If you are not the licence holder, you must get written proof that you acquired the meat from a licence holder and you must show this proof if requested by a wildlife officer.

— You can only sell big game meat if you have a valid selling permit (available free from the Wildlife Division) and the buyer has a valid Wild Meat Service Licence.

— Permits may only be acquired during the open season or within seven days after the season closes.