UPDATE: NORTHERN COD INJUNCTION & JUDICIAL REVIEW

UPDATE: NORTHERN COD INJUNCTION & JUDICIAL REVIEW 

FFAW-Unifor filed a federal Judicial Review of Minister Diane Lebouthillier’s June 2024 decision to end the 2J3KL Northern cod moratorium on the grounds that the decision breaks the longstanding historical agreement to allocate the first 115,000mt of cod to inshore and Indigenous groups and prematurely admits offshore draggers back onto the rebuilding stock, threatening the stock’s continued rebuilding.

The Injunction application aims to legally stay offshore dragger access to the fishery until the Judicial Review can be completed, which is expected to begin in 2025. The Injunction application argues that allowing offshore draggers access to northern cod grounds before the Judicial Review process is complete will cause irreparable harm to the fishery, both economically and ecologically. 

There are four witnesses who filed affidavits on behalf of FFAW-Unifor’s application; Glen Winslow (3L Harvester) who is a co-op applicant representing 2J3KL license holders, Greg Pretty (FFAW-Unifor President), Courtney Glode (FFAW Unifor Director of Public Affairs), and Dr. George Rose (Independent Scientist). Dwan Street, as President-Elect, has also been involved the process as she will assume Greg’s role starting on November 19, 2024. 

Ocean Choice International (OCI) and the Government of NunatuKavut have been granted intervener status and were permitted to cross-examine FFAW’s witnesses along with the Attorney General, during the discovery process. Courtney Glode and Dr. Rose were cross-examined as part of this process on October 2, 2024. Likewise, FFAW-Unifor was granted the opportunity to cross examine OCI affiants, Carey Bonnell, and Dr. Ray Hilborne, which took place on October 1, 2024. 

The hearing itself will take place on October 11, 2024, in St. John’s and a decision is anticipated within 1-2 weeks of the hearing. The federal Judicial Review proceedings will be scheduled in the new year to take place sometime during 2025. 

Affidavit Summaries: 

Glen Winslow is a 62-year-old fish harvester from Newfoundland with 44 years of experience in the industry. He owns a fishing enterprise and holds a cod license employing 6 crew members. Winslow purchased a new fishing vessel in May 1992, just before the cod moratorium was declared. He plans to pass his license and enterprise to his son to continue the family tradition. Winslow emphasizes that fishing is not just an occupation but a way of life, encompassing cultural and traditional aspects he wishes to preserve for future generations. The Minister’s decision to allocate a portion of the Total Allowable Catch (TAC) to the offshore fleet threatens Winslow’s livelihood, cultural practices, and ability to pass on his way of life to his descendants, causing irreparable harm that cannot be compensated by damages.

Dr. George Rose, a professor and Fisheries Conservation Chair at the Marine Institute (Memorial University of Newfoundland), warns of significant and irreparable harm to cod stocks resulting from the Minister’s decision. He explains that cod stocks have only recently moved from a “critical” to “cautious” designation, with a 22% chance they remain below the Limit Reference Point (LRP). Dr. Rose predicts a substantial risk (over 50%) that cod stocks will fall below the LRP within five years under the current TAC allocation. He also highlights the potential damage to cod spawning grounds by offshore fishing vessels, particularly those using dragger nets, which can harm cod eggs, the sea floor, and essential flora. In contrast, inshore fishermen tend to avoid these areas due to their reliance on and connection to the cod stock.

Greg Pretty, President of FFAW-Unifor, provides context on the FFAW’s role as the sole bargaining agent for fish harvesters in Newfoundland and Labrador. He expresses deep concern over the Minister’s June 26, 2024 decision to end the Northern cod moratorium, particularly the allocation of 1,000 tonnes to the offshore fleet. Pretty emphasizes that this decision contradicts fisheries science and DFO’s sustainability mandate, potentially impacting cod populations and the livelihoods of inshore fish harvesters. He highlights the FFAW’s surprise at the lack of consultation on this decision, given the government’s long-standing commitments to allocate the first 115,000 tonnes of Northern cod to the inshore sector. Pretty also notes that recent industry meetings did not discuss allocations to offshore and international fleets, making the decision unexpected

Courtney Glode, Director of Public Affairs for FFAW-Unifor, provides a detailed account of the Canadian government’s long-standing commitment to allocate the first 115,000 tonnes of Northern cod Total Allowable Catch (TAC) to inshore harvesters in NAFO divisions 2J3KL. This commitment to priority access dates back to the 1970s and was consistently reaffirmed by various government officials and documents up until 2022. Glode outlines the historical context, including the 1992 cod moratorium and the commitments made in the intervening years, and emphasizes the importance of this allocation for inshore harvesters and coastal communities.