Federal court rules against the FFAW ‘s request to stay and/or suspend the 2024 Northern cod decision

October 18, 2024

For Immediate Release: October 18, 2024 – Yesterday the Federal Court ruled against the Fish, Food and Allied Workers (FFAW) union’s attempt to stay and/or suspend the 2024 Northern cod decision that was announced in June of this year by the Minister of Fisheries, Oceans and the Canadian Coast Guard, the Honourable Diane Lebouthillier. Ocean Choice applauds the ruling.

In June, the Minister announced a one-year decision to reopen a commercial Northern cod fishery with a Total Allowable Catch (TAC) of 18,000 tonnes (t) for Canadian harvesters, of which 15,071.4 (t) was allocated to the inshore sector, a 1,198.8 t Indigenous Allocation, a special allocation of 599.4 t for NunatuKavut Community Council, and 1,080 (t) was allocated to the offshore sector.

Following the decision, on July 25, 2024, the FFAW filed an application for judicial review of the decision. This was followed by the FFAW filing a motion seeking an interlocutory injunction staying and/or suspending the decision until the application for the judicial review could be heard.

Yesterday’s ruling made several pertinent statements supporting the decision including:
‘before the 2024 allocations were announced, the FFAW was of the view that the revised stock assessment model was a positive development, although underestimating the stock, and asserted that the model permitted an increased inshore catch of 25,000 t. However, after the allocations were announced, which included the 1,000 t offshore TAC allocation, the FFAW asserts that the revised model gives rise to uncertainty and that any increase in allocation will detrimentally affect the stock. In my view, the FFAW’s positions are irreconcilable based on the record before me’

‘it is not apparent to me that it is even possible to maintain the status quo in these circumstances. The Applicants advocated for and received an increased allocation in 2024. They have already harvested 98% of that increased TAC allocation. As such, the status quo as regards to prior year allocations cannot be maintained… this relief is no longer possible as the increased inshore allocation has now been caught. The Court cannot issue an interlocutory injunction when the remedy the Applicants seek is precluded by their own actions. That fish has swum.’

“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,” says Blaine Sullivan, President of family-owned Ocean Choice International. “We believe that the Minister’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.”

The Northern cod fishery in Newfoundland and Labrador competes with world-leading cod producing nations such as Norway and Iceland. These nations have been sustainably harvesting cod
for decades using a mix of vessels including larger offshore vessels (like those used in Newfoundland and Labrador) and smaller inshore vessels. In Iceland over 50 per cent of the cod harvested annually is harvested by otter/bottom trawl, which allows for year-round supply to premium cod markets around the world.

“The decision by the Minister to allocate a small percentage of Northern cod to Newfoundland and Labrador’s offshore will help create employment and stability for crew working year-round on offshore fishing vessels while also ensuring cod from Newfoundland and Labrador is able to compete globally and provide maximum economic return to the province and people working in the fishery,” says Martin Sullivan, CEO of family-owned Ocean Choice International.

Offshore fishing vessels such as the ones operated by Ocean Choice employ Newfoundlanders and Labradorians, the vessels land at local wharfs and cold storage facilities where they are offloaded and prepared for the next fishing trip, providing millions in economic spin-off in coastal communities.

Media Contact:
Paula Kieley, Executive Assistant Corporate Affairs, Ocean Choice
C: (709) 693-2099 E: pkieley@oceanchoice.com