A Canadian court has rmade a ruling in alignment with Canada Department of Fisheries and Oceans' (DFO) recent decision that reopened the northern cod 2J3KL fishery.
The DFO reopened the fishery, located off the coast of Newfoundland, after a 32-year moratorium despite objections from the Fish, Food, and Allied Workers (FFAW) union. The union claimed the DFO’s quota allocations, which included 1,080 metric tons (MT) of quota for the offshore fishing fleet, were contrary to a longstanding promise that the first 115,000 MT of directed fishing activity would be limited to inshore harvesters.
The FFAW and inshore harvesters protested against the decision at provincial meetings, blamed the DFO for a shortened cod season in Newfoundland, and filed for an injunction to prevent offshore trawlers from accessing the stock.
The FFAW argued that the quota allocations should not go forward until a judicial review of the DFO’s decision-making process took place and filed for an injunction to halt the reopening. The union claimed Canadian Minister of Fisheries Diane Lebouthillier ignored scientific advice when it made its decision, an accusation backed up by reporting by the CBC that uncovered DFO staff were concerned reopening the fishery could increase the risk to the cod stock.
In a 68-page decision, Justice Cecily Strickland found the FFAW failed to demonstrate irreparable harm that necessitated an injunction canceling the fishery. In the decision, the judge said the FFAW’s arguments against the revised stock assessment model that, in part, led to the reopening of the fishery were countered by its earlier support for that same model.
Strickland pointed out that on 25 October 2023, FFAW issued a news release that endorsed the new stock-assessment model – and only opposed it later when DFO announced its decision to reopen the stock to offshore fishers.
Ocean Choice International said it was pleased with Strickland’s decision and added it will benefit the seafood industry in the province.
“We are extremely pleased with the outcome of the injunction hearing and with the ruling against the FFAW’s attempt to keep the Newfoundland and Labrador offshore sector from harvesting northern cod,” Ocean Choice International President Blaine Sullivan said. “We believe that [Lebouthillier's] decision to reopen the northern cod fishery with a very small allocation to the offshore sector was in accordance with the available science and is in the best interest of building a sustainable, globally competitive northern cod fishery.”
Ocean Choice International CEO Martin Sullivan said the decision will lead to more stability for employees working in the province and will help the province compete globally and “provide maximum economic return to the province and people working in the fishery.”
The FFAW said it was disappointed with the judge’s decision but also said Strickland’s ruling acknowledged some of the issues the union had with reopening the fishery.
“While we are disappointed with the outcome, we are encouraged that the court recognizes the gravity of our concerns,” FFAW outgoing President Greg Pretty said. “This ruling underscores the need for a thorough review of the [Lebouthillier's] decision-making process regarding the northern cod fishery. We remain committed to protecting this vital resource and the commitment that was made to our Newfoundland and Labrador-based fish harvesters and plant workers.”
Canada is planning to perform a judicial review of the decision to reopen the northern cod stock in early 2025.
